Legal Notices for 6/10/15

 

 NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Nally & Hamilton Enterprises, Inc., P.O. Box 157, Bardstown, Kentucky 40004 has applied for a Phase I Bond Release on Increments 2 and 3 of Permit No 918-0403 which was last issued July 23, 2014.    

Increment No. 2 covers an area of approximately 107.20 acres of surface area and underlies an additional 9.19 acres of auger area. Increment No. 3 covers an area of approximately 17.70 acres of surface area.

The permit area is approximately 3.21 mile east from Hwy. 92’s junction with Hwy. 904 and located 1800 feet south of  Harpes Creek and located 4.61 miles southwest of Kayjay in Bell, Knox and Whitley Counties with Increments 2 and 3 being located in Knox and Whitley Counties.

The bond now in effect Increment no. 2 is a surety in the amount of $373,500.00 of which approximately 60% of the original amount of $373,500.00 is to be included in this application for release. The bond now in effect for Increment no. 3 is a surety in the amount of $66,800.00 of which approximately 60% of the original amount of $66,800.00 is to be included in this application for release.

Reclamation work performed included: All mining area was backfilled and graded with all highwalls eliminated and the area was seeded, this work was completed in the fall of 2011.

Written comments, objection and request for a public hearing or informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow Complex, Frankfort, Kentucky 40601 by  Saturday, July 18, 2015.

A public hearing on the application has been scheduled for Tuesday, July 21, 2015 at 9:00 a.m. at the Department for Natural Resources, Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965. This Hearing will be canceled if no request for a hearing or informal conference is received by Saturday, July 18, 2015.

 

NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Mountainside Coal Co., Inc., 7692 S. HWY 25W, Williamsburg, KY  40769 has applied for a Phase II Bond Release of Increment 1 on Permit # 918-0464, which was last issued on March 19, 2014. The application covers an area of approximately 26 acres located 1.5 miles northwest of Frakes, KY in Whitley County.

The permit area is approximately 0.8 miles northeast from Mud Creek Road’s junction with KY 1595 and located along Doolin Branch.  The latitude is 36° 39’ 08”.  The Longitude is 83° 57’ 16”.

 The bond now in effect on Increment 1 is a Letter of Credit in the amount of $18,200.00.

Reclamation work performed includes:  backfilling, grading, fertilizing, seeding and mulching, completed in March of 2012.

Written comments, objections or requests for a public or informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY  40601, by July 17, 2015.

A public hearing on the application has been scheduled for July 20, 2015 at 9:00 a.m., at the Division of Mine Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229.  The hearing will be cancelled if no request for hearing or informal conference is received by July 17, 2015.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 861-5350, Renewal

In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for renewal of a permit for an underground coal mining operation located 2.0 miles northeast of Goins in Knox County and Whitley counties.  The proposed operation will disturb 62.97 surface acres and will underlie 1,421.90 acres (of which 41.57 acres underlies surface acres) and the total area within the permit boundary will be 1,443.30 acres.

The proposed operation is approximately 3.3 miles east from KY Hwy. 92’s junction with Harpes Creek Road and located along Harpes Creek.

The proposed operation is located on the Frakes, KY 7½ minute quadrangle map.  The surface area to be disturbed is owned by Gatliff Coal Company, Arnold T. Goins, Antony Greene, Alton Wilson, Lisa Fuson Brock, Freda Barnett and Cleveland Wilson Heirs.  The operation will underlie land owned by Gatliff Coal Company, Arnold T. Goins, Alton Wilson, Begley Properties, LLC, Bryant Mahan, Jim Lambdin, Henry & Doris Lee, Leonard & Louise Lee, Lisa Fuson Brock, Ataya Hardwoods, Freda Barnett and Cleveland Wilson Heirs.

The application has been filed for public inspection at the Department for Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229.  Written comments, objections or requests for a permit conference must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

NOTICE OF BOND RELEASE

Permit #918-0447

In accordance with KRS 350.093, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, KY 40701, has filed for a Phase I Bond Release on Increments No. 1 and 2 of permit number 918-0447 which was last issued on January 29th 2015. The application covers an area of approximately 497.38 surface acres located 0.9 miles east from the Maple Creek Road (KY HWY 779) junction with Brown Creek Road and located 600 feet southeast of Phoebe Fork and located 0.5 miles north of Perkins in Whitley County Kentucky.

The bonds now in effect are as follows:

Increment one (1) is a Surety Bond in the amount of $604,300.00. Approximately 60% of the original bond amount of $604,300.00 is included in this application for release. Increment two (2) is a Surety Bond in the amount of $315,700.00. Approximately 60% of the original bond amount of $315,700.00 is included in this application for release.

Reclamation work performed includes: Backfilling, re-grading, topsoil replacement, and drainage control including soil preparation and initial seeding and mulching in accordance with the approved reclamation plan, completed in March 2015.

Written comments, objections, and requests for a public hearing of informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY 40601, by 7/31/2015.

A public hearing on the application has been scheduled for 7/31/2015 at 11:00 am the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229. The hearing will be cancelled if no request for a hearing or informal conference is received by 08/03/2015.

 

NOTICE OF BOND RELEASE

#918-0435

In accordance with KRS 350.093, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, KY 40701, has filed for a Phase I Bond Release on Increments No. 1 and 2 of permit number 918-0435 which was last issued on December 08, 2014. The application covers an area of approximately 84.3 acres located approximately 0.5 miles south west of Hamblin Hollow Road’s intersection with Poplar Creek Road. The site is 0.25 miles north of Mulberry Creek and approximately 2.5 miles north east of the community of Verne, in Whitley County, Kentucky.

The operation is located on the Saxton U.S.G.S. 7½ minute quadrangle map.

The bonds now in effect are as follows:

Increment #1 is a Surety Bond in the amount of $390,600. Approximately 60% of the original bond amount of $390,600.00 is included in this application for release. Increment #2 is a Surety Bond in the amount of $75,000.00. Approximately 0% of the original bond amount of $75,000.00 is included in this application for release.

Reclamation work performed includes: Backfilling, re-grading, topsoil replacement, and drainage control including soil preparation and initial seeding and mulching in accordance with the approved reclamation plan, completed March 2014.

Written comments, objections, and requests for a public hearing of informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY 40601, by 7/31/2015.

A public hearing on the application has been scheduled for 7/31/2015 at 10:00 am at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229. The hearing will be cancelled if no request for a hearing or informal conference is received by 8/03/2015.          23-4-B

 

NOTICE OF BOND RELEASE

Permit #918-0413

In accordance with KRS 350.093, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, KY 40701, has filed for a Phase I Bond Release on Increments No. 1, and 3 of permit number 918-0413 which was last issued on May 20th 2014. The application covers an area of approximately 128.96 surface acres located approximately three (3) miles north of the community of Nevisdale, Kentucky, in Whitley County, Kentucky.  The proposed operation is approximately two and half (2.5) miles north of Rock Springs Road intersection with Kentucky Highway 904 and 0.1 mile south east of Rock Springs Road intersection with Hamlin Hollow Road just south of Mulberry Creek.

The bonds now in effect are as follows:

Increment one (1) is a Surety Bond in the amount of $231,100.00. Approximately 60% of the original bond amount of $231,100.00 is included in this application for release. Increment three (3) is a Surety Bond in the amount of $10,000.00. Approximately 40% of the original bond amount of $10,000.00 is included in this application for release.

Reclamation work performed includes: Backfilling, re-grading, topsoil replacement, and drainage control including soil preparation and initial seeding and mulching in accordance with the approved reclamation plan, completed in March 2014.

Written comments, objections, and requests for a public hearing of informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY 40601, by 7/31/2015.

A public hearing on the application has been scheduled for 7/31/2015 at 9:00 am the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229. The hearing will be cancelled if no request for a hearing or informal conference is received by 08/03/2015.

 

NOTICE:

State of Michigan 1st Judicial Circuit Court Order Regarding Alternate Service, Case No. 15-226-DO, Court Address 29 N. Howell Street, Hillsdale, MI 49242, (517) 437-4321, Colleen Florence Kelley, Plaintiff v Jamie Laine Kelley, Defendant.  The Court finds: Process upon the Defendant, Jamie Laine Kelley cannot reasonably be made pursuant to MCR2.105 and MCR2.107(B)(1)(b) and service of process may be made in a manner that is reasonably calculated to give the Defendant notice of actual proceedings and an opportunity to be heard.  It is ordered: Service of the Summons and Complaint and a copy of this Order shall be made by the following methods: First Class Mail to the last known address and publication in a newspaper in Whitley County, KY pursuant to court rule.  For each method used, Proof of Service must be filed promptly with the Court. May 21, 2015 Judge Michael R. Smith, Circuit Court Judge, Bar No. P30865

Summons and Complaint, State of Michigan 1st Judicial Circuit Court, Case No. 15-226-DO, Court Address 29 N. Howell Street, Hillsdale, MI 49242, (517) 437-4321, Colleen Florence Kelley, Plaintiff v Jamie Laine Kelley, Defendant.

Summons:  Notice to Defendant:  In the name of the people of the State of Michigan you are notified:

1. You are being sued.

2. You have 21 days after receiving this Summons to file a written answer with the Court and serve a copy on the other party or take other lawful action with the Court (28 days if you were served by mail or you were served outside this state).  (MCR2.111(C)).

3. If you do not answer or take other action within the time allowed, Judgment may be entered against you for the relief demanded in the complaint.

Issued: April 17, 2015   Expires:  July 17, 2015,  Court Clerk Marney Kast.

This Summons is invalid unless served on or before its expiration date.

Complaint:  Instruction:  The following information that is required to be in the caption of every complaint and is to be completed by the Plaintiff.  Actual allegations and the claim for relief must be stated on additional complaint pages and attached to this form.

Family Division Cases.  There is no other pending or resolved action within the jurisdiction of the family division of the Circuit Court involving the family or family members of the parties.

Venue: Plaintiffs residence City of Hillsdale, Hillsdale County, MI; Defendants residence Unknown

Date March 12, 2015        John M. Macdonald, Attorney for Plaintiff

If you require special accommodations to use the Court because of a disability or if you require a foreign language interpreter to help fully participate in court proceedings, please contact the court immediately to make arrangements.

STATE OF MICHIGAN, IN THE CIRCUIT COURT FOR THE COUNTY OF HILLSDALE, COLLEEN FLORENCE KELLEY,             Plaintiff, vs JAMIE LAINE KELLEY, Defendant., File No:  15-226-DO, Hon. Michael R. Smith 

MACDONALD LAW OFFICE, PLLC, By: John M. Macdonald (P31666),

Attorneys for Plaintiff, 101 E. Bacon Street, Hillsdale, Michigan 49242, (517)  439-4660; JAMIE LAINE KELLEY, Defendant, Address Unknown

COMPLAINT FOR DIVORCE

The Plaintiff, Colleen Florence Kelley, says:

1. That on June 28, 1997, Plaintiff was duly and legally married to Jamie Laine Kelley, the Defendant herein, by a Judge at Hillsdale, Michigan.

2. a) That the Wife’s complete name is Colleen Florence Kelley.

b) That the Wife’s complete name before marriage was Colleen Florence Tamblyn.

c) That the Husband’s complete name is Jamie Laine Kelley.

d) That the Husband’s complete name before marriage was Jamie Laine Kelley.

3. That Plaintiff is a resident of the City of Hillsdale in the County of Hillsdale and State of Michigan and has resided in said County for more than 10 days immediately preceding the filing of this Complaint, and has resided in the State of Michigan for a period of 180 days and upwards immediately preceding the filing of this Complaint.

4. The Plaintiff and Defendant lived and cohabited together as man and wife, until or about March 15, 2011.

5. That there have been no children born to this marriage.

6. That the Wife is not pregnant.

7. That there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

8. That there is property to be divided:

a) A marital home located at 175 W. Fayette Street, Hillsdale, MI, subject to a mortgage.

b) 2001 Buick Century titled in both names.

c) A 2004 Adirondack travel trailer subject to a purchase money obligation.

WHEREFORE, the Plaintiff prays:

1st That the marriage between this Plaintiff and the said Defendant, Jamie Laine Kelley, may be dissolved and a divorce from the bonds of matrimony be decreed, according to the statute in such case made and provided.

2nd That a fair and equitable division of property be awarded.

3rd That any other relief deemed just and equitable be granted.

I declare that the statements above are true to the best of my information, knowledge and belief.

Date: March 12, 2015       signed by:

MACDONALD LAW OFFICE, PLLC

John M. Macdonald (P31666)      

Attorneys for Plaintiff

101 E Bacon Street

Hillsdale, Michigan 49242

(517) 439-4660

 

NOTICE:

Notice is hereby given by order of the Whitley District Court, that the following appointments have been made:

Karen Edwards, 236 Omega Park Road, Somerset, KY 42501 has been appointed Executrix for the estate of Eunice McKee (deceased). David O. Smith, PO Box 699, Corbin, KY 40702 is attorney for the Executrix.

Mark Anthony Cox, 4348 West Eagle Trace, New Palestine, Indiana 46163 has been appointed Administrator for the estate of Letha Lucrisha Cox (deceased). Ginger Siler, 1540 Gordon Hill, Corbin, KY 40701 is the local agent for the Administrator.

Ernest Eugene Sharp, 1509 Woodwind Court, Corbin, KY 40701 has been appointed Executor for the estate of Darlene Sharp (deceased). Wesley R. Tipton, PO Drawer 1284, Corbin, KY 40702 is the attorney for the Executor.

Brian Yates, 112 Linden Street, Cincinnati, OH 45216 has been appointed Administrator for the estate of Raymond Edward Yates (deceased). Local agent for the Administrator is Clayton Yates, 1000 Yates Road, Corbin, KY 40701.

Jacqueline T. Rawlings, 1320 7th Street, Corbin KY 40701 has been appointed Executrix for the estate of Dan K. Rawlings, III (deceased). Natalie Lile, 213 Saint Clair Street, Suite 101, Frankfort, KY 40601 is attorney for the Executrix.

All persons having claims against the said estates are requested to present same, verified according to law to the said Appointees, not later than six months from said date of appointment.

Given under my hand this 29th day of May, 2015.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY – WILLIAMSBURG, KY 40769

 

NOTICE:

Mark Fraley has filed the final settlement for the estate of Joyce Dale Fraley (deceased).

Melanie Carol Burkhart has filed the final settlement for the estate of Tabitha Nicole Muncy (deceased).

Patricia Green has filed the final settlement for the estate of Allie Ray Green (deceased).

Angela D. Stephenson has filed the final settlement for the estate of Russell Delbert Stephenson (deceased).

Exceptions, if any, must be filed prior to July 1st, 2015.

The Hearing will be held at Whitley District Court, 805 South Main Street, Corbin, KY 40701.

Given under my hand this 29th day of May, 2015.

GARY W. BARTON

WHITLEY CIRCUIT/DISTRICT COURTS

WILLIAMSBURG, KY 40769  

 

 

 

                       June 10, 2015

ADVERTISEMENT FOR PUBLIC NOTICE

FOR SOLAR INSTALL WORK

Kentucky Highlands Investment Corporation (KHIC) and Southern Tier Housing Corporation (STHC) are seeking bids for roof mount solar installation for eight homes. Whitley County received Community Development Block Grant (CDBG) funds through the Kentucky Department for Local Government (DLG).

Bids shall include equipment, labor and all materials for installing solar systems as specified and inspected. The firm must provide certificates of insurance for Worker’s Compensation and General Liability as well as applying for licensing in Whitley County. Davis-Bacon wage rates apply.

Bid materials may be obtained from Darrell Kinnett at Southern Tier Housing dkinnett@southerntierhousing.org or 606-307-4753. Bids will be received until 10 a.m. June 30, 2015.

Attention is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract, Section 3, Segregated Facilities, Section 109, Title VI, and EO 11246 and other requirements. Minority, female and veteran-owned firms are encouraged to bid.

“EQUAL EMPLOYMENT OPPORTUNITY”

Kentucky Relay Service for the hearing and speech impaired: 711

 

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 14-CI-00551

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, Plaintiff, VS. Gloria Dunham, Defendant.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 2, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on June 15, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Gloria Dunham, plus costs, is as follows:

(1) The principal sum in the amount of $120,497.71, with interest on the principal sum at the rate of 5.25% per annum from February 1, 2012, until paid; plus costs and fees herein; plus reimbursement for attorney’s fees; plus any sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, or other advances made pursuant to the terms of the Note and Mortgage.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

Commonly known as: 72 Stamper Street, Corbin, KY 40701.

Parcel No.: 137-20-02-008.00

Situated in the City of Corbin, County of Whitley, and State of Kentucky, to-wit:

Beginning at a point in the west line of Stamper Street at an alley and the southeast corner of the Ellison, formerly the Rice property; thence S. 1 1/2 degrees E. running with the said alley and the said Ellison property 234 feet to a stone in said Ellison line; thence northeast-wardly 202 feet to a stone in the west line of stamper street; thence northwestwardly with the west line of Stamper Street 140 feet the beginning.

Being the same property conveyed to Gloria Dunham single who acquired title by virtue of a deed from Stephen J. Allen and Dawn M. Allen, husband and wife, dated April 28, 2010, recorded April 30, 2010, at Deed Book 495, Page 597, Whitley County, Kentucky records.

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no down payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 26th day of May, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 15-CI-00051

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, Plaintiff, VS. Kevin Swanner, Defendant.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 20, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, June 15, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Kevin Swanner, plus costs, is as follows:

(1) The principal sum in the amount of $103,964.60, plus interest on the principal sum at the rate of 5.25% per annum from July 1, 2013 until paid, plus costs and fees and reimbursement for attorney fees, sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, and other advances made.

(2) The said real property is located in Whitley County, Kentucky and is more particularly bounded and described as follows:

Property Address: 1125 Pine Street, Corbin, KY 40701.

Parcel No.: 119-40-06-001.00

Tract 1:

Being Lot #26 in the Tom Monhollen Addition to the City of Corbin, Kentucky, a map or plat of which is recorded in Map Book 1, Page 224, Whitley County Court Clerk’s Office, to which reference is here made.

Lot #26 faces Pine Street a distance of 97 feet and Extends along the line of Lot #25 on the Southwest side of a distance of 122.0 feet and extends along a 30- foot roadway on the North side of lot #26 a distance of 117.0 feet.

It is part of the consideration of this conveyance that said second party are granted the use of a 30-foot roadway transferring the North boundary of the Property herein conveyed and which road intersect with Barton Mill Road at the corner Opposite the Old Petry Homestead, this covenant to run with the deed.

Tract II:

Lots 1, 2 and 3 of the Hideaway Heights Addition to Corbin, KY, more particularly described as follows:

Beginning at a hickory treet in the Northeast corner of and in the Northeast corner of and in the South line of a 30-foot road leading into said addition; thence with the South line of said road S 34 degrees 25 minutes W 133.3 feet to Tom Alexander’s corner; thence N 71 degrees 35 minutes E 114.4 feet; thence N 24 degrees 416 minutes W 68.3 feet to the beginning.

Being the same property conveyed to Kevin Swanner, a single man who acquired title by virtue of a deed from Wesley Corman and wife, Vicki Corman, dated February 25, 2010, recorded March 2, 2010, at Deed Book 494, Page 546, Whitley County, Kentucky records.

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no down payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 26th day of May, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 13-CI-00097

JAMOS FUND I, LP, PLAINTIFF, VS. JAMES SEARS; FREDA SEARS; JP MORGAN CHASE BANK, AS TRUSTEE IN TRUST FOR THE HOLDERS OF TRUMAN MORTGAGE LOAN TRUST 2002-1, ASSET BACKED CERTIFICATES, SERIES 2002-1; UNKNOWN OCCUPANT, TENANT, OR LESSEE; UNKNOWN SPOUSE OF JAMES SEARS; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY; TAX EASE LIEN INVESTMENT 1 LLC; L&N FEDERAL CREDIT UNION; AND COMMUNITY TRUST BANK, INC, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 6, 2015 and a subsequent Order entered March 16, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, June 15, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, James Sears and Freda Sears, plus costs is as follows:

(1) The sum in the amount of $8,300.02, which consists of the following sums: principal 2009 in the amount of $872.66, plus interest through Feb. 2015 in the amount of $480.11; principal 2010 in the amount of $87381, plus interest through Feb. 2015 in the amount of $375.81; principal 2011 in the amount of $911.87, plus interest through Feb. 2015 in the amount of $282.72, plus litigation costs and expenses in the amount of $1,030.57, plus attorney fees in the amount of $2,200.00, plus pre-litigation attorney fees in the amount of $957.47, plus an administrative fee in the amount of $315.00.

(2) There is also a 1995 24X60 Horton Echo mobile home which will be sold separately and not be included with the real property.

The Property and the Mobile Home will be sold separately.

The mobile home shall be sold first and sale proceeds from the mobile home itself should go toward satisfying the lien of L & N Federal Credit Union first. Thereafter, the underlying real property shall be sold at a second sale. If L & N Federal Credit Union’s lien is satisfied after the sale of the mobile home, and a balance of proceeds remains, the proceeds should then be added to the proceeds from the sale of the real property itself and be distributed among the remaining lienholders.

Property Address: 414 Little Spruce Creek Road, Corbin, KY 40701.

A certain tract or parcel of land lying in Whitley County, Kentucky, and more particularly bounded and described as follows:

Beginning on a stake on the north side of the County Road; thence N (5) 10 E 20-1/2 poles to a steel stake, in the old Alsip now Herbert Early line; thence N 61 E 235 feet to a stake; thence leaving the old Alsip now Herbert Early line S 43-30 E 207 feet to a stake at James and Marie Simpsons’ corner; thence S 61 W 234 feet to a stake; thence S (5) 10 W 200 feet to a stone at the County Road; thence S 61 E 66 feet to the beginning.

Being the same property conveyed to James Sears and Freda Sears, by Deed recorded in Deed Book 392, Page 82, in the Office of the Clerk of Whitley County, Kentucky.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (1/3%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 26th day of May, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 13-CI-00664

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF, VS. DAVID TUCKER; UNKNOWN SPOUSE OF DAVID TUCKER; JEFF TUCKER; UNKNOWN SPOUSE OF JEFF TUCKER; RANDY TUCKER; UNKNOWN SPOUSE OF RANDY TUCKER; DONNA MCLEN; UNKNOWN SPOUSE OF DONNA MCLEN; LISA WILSON; UNKNOWN SPOUSE OF LISA WILSON; PALISADES COLLECTION, LLC; UNKNOWN HEIRS, DEVISEES, AND/OR LEGATEES, IF ANY, OF BOYD LITTRELL; UNKNOWN HEIRS, DEVISEES, AND/OR LEGATEES, IF ANY, OF FRANCES LITTRELL; UNKNOWN HEIRS, DEVISEES, AND/OR LEGATEES, IF ANY, OF KELLY FIELDS; BARBARA FIELDS; U.S. BANK AS CUSTODIAN FOR SASS MUNI V DTR  ASSUMED NAME FOR SASS MUNI V DTR, LLC; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF FINANCE AND ADMINISTRATION CABINET, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 2, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, June 15, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, David Tucker, Randy Tucker, Donna McLean; and Lisa Wilson, plus costs is as follows:

(1) The sum of $5,326.75 as of February 27, 2015, which constitutes principal in the amount of $861.39, plus interest in the amount of $633.72, which constitutes accrual at 12% per annum, with the monthly amount of $8.61 per month until paid, plus administrative fees in the amount of $100.00 per certificate, plus pre-litigation attorney’s fees in the amount of $536.50, plus attorneys fees in the amount of $1,450.00, plus reimbursement for the cost of title search in the amount of $525.00, plus costs in the amount of $1,120.14, plus any post-judgment attorney’s fees incurred herein.

The following real property located in Whitley County, KY, and more particularly bounded and described as follows:

Property Address: 500 Jims Lane, Corbin, KY 40701.

TRACT NO. 1:  BEGINNING on a stone, a corner in a line of Guy Steel’s near the crossing of Whippoorwill; running thence N 83 W 14 poles to a sourwood; thence N 57 W 62 poles to a stone; thence N 10 ½ E 14 poles to a stone; thence N 81 E 21 poles to a stone; thence N 58 ½ E 54 poles to a stone; thence S 54 E 18 poles to a stone; thence S 15 W 62 poles to the BEGINNING.

TRACT NO. 2:  BEGINNING on a stone in the B.W. Littrell line; thence down the creek with its meanders to the corner of the cliff; thence a straight line to a hickory a northeast course; thence a straight line to a stone on the Allen Branch; thence down the creek to the A.B. Johnson line; thence with the Johnson line about 50 poles to the dogwood flat line; thence with said line to the BEGINNING.

There is excepted from the above a small parcel of land conveyed to Emby A. McKeehan, dated November 19, 1984, recorded in Deed Book 327, Page 275, Whitley County Court Clerk’s Office. 

By survey of Ted P. Hensley for Luther Tucker said property is described by him as follows:

BEGINNING on a set stone, common to the Reeves parcel, thence South, 88° 25’ East, 382.00 feet to a power pole located on the West side of Jim Lane, Thence, North 67° 20’ East, 941.50 feet to a set stone located 75.00 feet Southwest of the K.U. power line common to the Goodin Parcel, thence, South 50° 00’ east, 334.00 feet to a set stone, North 40° 00’ east, 175.00 feet to a 10” Whiteoak, thence South 48° 40’ East, 220.00 feet to a point located in Whipperwill Creek, common to the McKeehan and Alsip parcel, thence with Whipperwill Creek, two courses with the Alsip parcel, South 63° 10’ West, 230.00 feet to a point, thence South 33° 35’ West, 392.00 feet to a dead sourwood, common to the Alsip and Wells parcel, thence South 25° 00’ East, 172.00 feet to a point, South 01° 30’ West, 300.00 feet to a stake, South 60° 45’ West, 102.50 feet to a 5” Whiteoak, common to the Wells and Littrell parcel, thence with branch, the following calls:  North 63° 35’ West, 207.70 feet to a point, North 79° 15’ West 295.00 feet to an iron pin, North 70° 50’ West, 230.00 feet to a point, South 72° 45’ West, 159.75 feet to a point, North 57° 30’ West, 113.00 feet to a point, North 76° 30’ West, 208.29 feet to a point, South 82° 58’ West, 179.00 feet to a point, North 41° 30’ West, 95.00 feet to a set stone common to the Reeves parcel, thence leaving branch, North 09° 15’ East, 450.00 feet to the place of beginning, containing 26.79 acres, more or less.

EXCEPTIONS:  There are excepted from the above described property the parcels previously conveyed as recorded in the Whitley County Clerk’s Office to which reference is made for description as follows:

(1)  Parcels conveyed to Emby A. McKeehan dated November 19, 1984, recorded in Deed Book 327, page 275 and dated August 25, 1993, recorded in Deed Book 374, page 77.

(2)  Parcel conveyed to Carolyn Alsip dated February 23, 1993, recorded in Deed Book 362, page 54.  

There is excepted therefrom, the following property conveyed to Meary Jane Harris, by Deed dated May 4, 1995, and recorded in Deed Book 381, Page 220, in the Office of the Whitley County Court Clerk.

BEGINNING ON a stake on the edge of Jim’s Lane, a corner of Marcus Rose property; thence Northward with said Lane 125 feet to a stake at edge of said Lane; thence leaving the road and Westward with Evelyn C. Mills property line 295 feet to the branch; thence down said branch 125 feet to a stake at edge of the branch, a corner of Marcus Rose; thence Eastward with the Marcus Rose line 236 feet to the point of BEGINNING.

There is excepted therefrom, the following property conveyed to Marcus Rose, by Deed dated May 4, 1995, and recorded in Deed Book 381, Page 290, in the Office of the Whitley County Court Clerk.

BEGINNING on an 8 inch white oak at the branch near the crossing; thence Eastward down the branch 25 ft to a stake at edge of the old road; thence Northward with the edge of said road 266 ft to a stake on bank of road; thence leaving the road and Westward 236 ft to a stake on bank of the branch; thence down said branch 310 ft to the point of BEGINNING.

There is excepted therefrom, the following property conveyed to Evelyn C. Mills, by Deed dated May 6, 1995, and recorded in Deed Book 383, Page 338, in the Office of the Whitley County Court Clerk.

BEGINNING on a stake on the bank of Jim’s Lane, (the Old County Road), a corner of Meary Jane Harris property line; thence Northward with the said road 125 ft to a stake a corner of Luther Tucker; thence Westward with the said Tucker line 295 ft to a stake at the branch; thence down said branch 125 feet to a stake a corner of Meary Jane Harris property line; thence with her line Eastward 295 feet back to the point of BEGINNING.

There is excepted therefrom, the following property conveyed to Jimmy E. Turner and Jeanetta Earls, by Deed dated February 23, 1996, and recorded in Deed Book 384, Page 28, in the Office of the Whitley County Court Clerk.

BEGINNING on a stake at the edge of Jim’s Lane; thence Southward with Jim’s Lane 135 feet to a stake at edge of said road, a corner of Carolyn Mills; thence Westward with the Mills line 300 feet to a stake at the branch; thence with Field’s line 135 feet to a stake, a corner of Tucker’s property; thence with Tucker’s line about 330 feet to the point of BEGINNING.

There is excepted therefrom, the following property conveyed to David T. Sevinsky and Ruth D. Sevinsky, husband and wife, by Deed dated July 24, 1996, and recorded in Deed Book 387, Page 338, in the Office of the Whitley County Court Clerk.

BEGINNING on a stake and maple at edge of Jim’s Lane; thence Southward with Jim’s lane 165 feet to a metal stake thence East 175 feet to a metal stake; thence Northward 165 feet to a metal stake; thence Eastward 185 feet to the point of BEGINNING.

There is excepted therefrom, the following property conveyed to Adrien A. Raines and Wilma Wagers, by Deed dated October 15, 1996, and recorded in Deed Book 388, Page 571, in the Office of the Whitley County Court Clerk.

BEGINNING on an iron stake at edge of Jim’s Lane, a corner of Senisky property; thence South with Jim’s Lane 165 feet to an iron stake; thence East with Earls line 155 feet to an iron stake; thence North 165 feet to an ironstake in Jim Turner’s line; thence Eastward with the Senisky line 174 feet to the point of BEGINNING.

There is excepted therefrom, the following property conveyed to Michelle F. Loy, by Deed dated December 27, 1996, and recorded in Deed Book 390, Page 96, in the Office of the Whitley County Court Clerk.

BEGINNING on a cross time at the edge of Jim’s Lane, a corner of the Terry property; thence Westward with the Terry line 160 feet to an iron stake; thence South with the Tucker line 106 feet to an iron stake; thence Eastward with the Tucker line 160 feet to a iron stake at edge of Jim’s lane; thence with Jim’s lane 106 feet to the point of BEGINNING.

There is excepted therefrom, the following property conveyed to Eva M. Rice and Douglas Lee Colyer, by Deed dated February 18, 1997, and recorded in Deed Book 390, Page 704, in the Office of the Whitley County Court Clerk.

BEGINNING on a crosstie at edge of Jim’s lane; thence West with edge of power line 262 feet to a stake in a barbed wire fence; thence Northward with said fence 165 feet to a stake; thence Eastward 280 feet to a stake at edge of Jim’s Lane; thence Southward with the West edge of Jim’s Lane 98 feet to the point of BEGINNING.

There is excepted therefrom, the following property conveyed to Eva Marie Rice, by Deed dated June 27, 1997, and recorded in Deed Book 394, Page 231, in the Office of the Whitley County Court Clerk.

BEGINNING on a stake, a corner of the double wide trailer lot and Luther E. Tucker lot; thence with the Tucker line 246 feet to a stake in the Tucker line; thence NW with the Tucker line 238 feet to a big Pine and stone; thence Eastward 164 feet to the NW corner of the double wide trailer lot; thence Southward with the Double wide trailer lot 152 feet to the point of BEGINNING.

There is excepted therefrom, the following property conveyed to Emby A. McKeehan, by Deed dated November 20, 1997, and recorded in Deed Book 397, Page 156, in the Office of the Whitley County Court Clerk.

BEGINNING on a stake in the East boundary line of a string of lots, this line is the East line of Lots Numbers 2, 4 and 5; in the Emby A. McKeehan property line; thence with the said McKeehan line, crossing and running with lots #4 and #5 for a distance of 340 feet about due South to a stake in Whippoorwill Creek; thence upstream with the meanders of said creek 230 feet to a stake in said creek, a corner of the Tammy Sharp; thence with the said Sharp line and the Western line of Lot #5, 175 feet to a stake, a corner common to Lot #5 and Lot # 3, Tucker tract, and Tammy Sharp lot; thence Eastward with the said Bargo Lot (#3) 188 feet to a stake in the middle of the roadway between the lots; thence Northward with centerline of said roadway 165 feet to a stake in center of roadway, a corner common to Lot #1 and #2; thence Eastward with Lot #2 210 feet to the Point of BEGINNING.

There is excepted therefrom, the following property conveyed to Lelan Roaden and Juanita Nichols, by Deed dated May 19, 1998, and recorded in Deed Book 402, Page 347, in the Office of the Whitley County Court Clerk.

BEING ONE LOT situated just East of Jim’s Lane and joining on an access road and more exactly described as follows:

BEGINNING on a stake at edge of the access road, and an old fence row; thence Eastward with said old fence road 225 feet to a stake in said fence row; thence Southward with still another access road 160 feet to a stake in center of access road, a corner common to Lot # 2, the Nicholos lot and Lot #4, the Mckeen lot, and Lot # 3 the Bargo lot; thence West with the Bargo lot 200 feet to a stake a corner of the Bargo lot; thence Northward with the Tucker line 160 feet to the point of BEGINNING.

There is excepted therefrom, the following property conveyed to Robert Nichols and Karen Nichols, husband and wife, by Deed dated September 2, 1998, and recorded in Deed Book 403, Page 81, in the Office of the Whitley County Court Clerk.

BEGINNING at a stake at a dividing road between four lots thence Southward with said road 160 feet to a stake; thence Eastward 200 feet to a stake in the Emby A. McKeehan property line; thence Northward with siad Mckeehan line 160 feet to a stake at the access road; thence Westward with said road 225 feet to the point of BEGINNING.

There is excepted therefrom, the following property conveyed to Jason Wells, by Deed dated December 28, 1998, and recorded in Deed Book 405, Page 334, in the Office of the Whitley County Court Clerk.

BEGINNING on a stake at the intersection of an old Oil Well Road and Jim’s Lane; thence with the said Oil Well Road 292 feet East ward to a stake at Whippoorwill Creek; thence up the Creek to where Jim’s Lane road crosses the said Creek; thence NW with Jim’s Lane 447 feet to the point of BEGINNING.

There is excepted therefrom, the following property conveyed to Demert Bargo, by Deed dated November 20, 1997, and recorded in Deed Book 410, Page 18, in the Office of the Whitley County Court Clerk.

BEGINNING on a stake at edge of roadway dividing lots; thence South with said roadway 165 feet to a stake in line of the Southern most lot; thence Westward with said line 178 feet to a stake, the West line of a string of lots; thence Northward with said line 165 feet to a stake, thence Eastward 200 feet to the POINT OF BEGINNING.

There is excepted therefrom, the following property conveyed to Eva Rice, by Deed dated December 18, 2001, and recorded in Deed Book 433, Page 229, in the Office of the Whitley County Court Clerk.

This conveyance is for a right-of-way from Jim Lane Westward back 262 feet deep and twenty feet wide and more completely described as follows:

BEGINNING  on a crosstie at edge of Jim Lane and Lot of this grantee, Eva Rice; thence Westward with line of the Rice Lot 262 feet to a stake; thence South 20 feet to a stake in fence; thence with fence Eastward 262 feet to a stake in fence; thence Northward 20 feet to point of BEGINNING.

There is excepted therefrom, the following property conveyed to Robert Nichols and Karen Nichols, by Deed dated August 28, 2002, and recorded in Deed Book 437, Page 526, in the Office of the Whitley County Court Clerk.

Beginning on a set iron pin in the edge of Jim Lane and running a northwest direction with Jim Lane 131 feet to a set iron pin in edge of Roaden roadway; thence running with the Roaden roadway a northeast direction 254 feet to an iron pin; thence running a southeast direction 70 feet to an iron pin; thence S 59° 15’ 29” W 63.19 feet to an iron pin; thence S 43° 18’ 06” W 136.81 feet to the beginning.

There is excepted therefrom, the following property conveyed to Tammy Sue Sharp, by Deed dated January 24, 1996, and recorded in Deed Book 445, Page 1, in the Office of the Whitley County Court Clerk.

BEGINNING on a stake at the edge of Jim’s Lane and the Oil Well Road; thence Eastward with the edge of the Oil Well Road 272 feet to a post at mouth of a branch; thence Northward with the branch 280 feet to a post at edge of said branch; thence Westward 232 feet to a stake at edge of Jim’s Lane; thence Southward with the edge of Jim’s Lane 220 feet to point of BEGINNING.

There is excepted therefrom, the following property conveyed to JPMorgan Chase Bank, N.A., Successor by Merger to Bank One, NA, by Master Commissioner’s Deed dated January 9, 2006, and recorded in Deed Book 469, Page 192, in the Office of the Whitley County Court Clerk.

Beginning on a set iron pin and cap in the Northeast edge of Jim Lane (10 feet from approximate centerline) said pin being located south 56 degrees 01 minutes 39 seconds East 173.49 feet from a crosstie post on the southwest side of Jim Lane a northern corner of the parent tract, said pin also being located approximately 0.25 miles southeast of the intersection of Jim Lane and Whippoorwill Road, said pin being a corner common to Robert Nichols (land contract not recorded), thence leaving said road and with 2 calls common to said Nichols North 43 degrees 18 minutes 06 seconds East 136.81 feet to a set iron pin and cap, thence north 59 degrees 15 minutes 29 seconds East 146.65 feet to a set iron pin and cap near the edge of a pond, a corner common the Lelan Roaden (land contract not recorded), thence with line common to said Roaden south 57 degrees 39 minutes 34 seconds east 116.22 feet to a found iron “T” fence post at the end of a fence a corner common to Mildred Robbins (land Contract not recorded), thence with 2 lines common to said Robbins running along an existing fence south 46 degrees 28 minutes 11 seconds west 134.02 feet to a set iron pin and cap, thence south 38 degrees 56 minutes 08 seconds west 181.97 to a found 10” double Maple (marked only survey with 3 hacks and witnessed by a set iron pin and cap bearing north 27 degrees 32 minutes 28 seconds East 1.25 feet) in the northeast edge of Jim Lane (10 feet from approximate centerline), thence with the northeast edge of said road(10 feet from and parallel to approximate centerline) north 46 degrees 37 minutes 28 seconds west 83.89 feet to a point, thence north 35 degrees 29 minutes 41 seconds west 78.46 feet to the point of beginning, containing 0.98 acres by survey conducted on April 16, 2001 by Richard A. Reece, PLS # 3358.

There is excepted therefrom, the following property conveyed to Mildred Robbins, by Master Commissioner’s Deed dated December 29, 2006, and recorded in Deed Book 474, Page 633, in the Office of the Whitley County Court Clerk.

PARCEL I:

BEGINNING on a 6 inch x 6 inch post at edge of Jim’s Lane, a corner common to Luther Tucker property; thence Northward with Jim’s lane 205 feet to a double Maple; thence Eastward with Tucker’s line 329 feet to a holly bush; thence Southward with Roaden and Bargo line at branch to a stake; thence Westward with Tucker line 257 feet to the point of BEGINNING.

PARCEL II:

BEGINNING on a 6 inch x 6 inch post on the bank of Jim’s Lane; thence South with Jim’s lane 108 feet to a steel post, a corner of the Sharp lot; thence East with the Sharp line 228 feet to a iron stake; a corner of Emby A. McKeehan property line; thence with the McKeehan line 108 feet to a Holly and Dogwood and a steel post near the branch; thence The Tucker, now Robbins line, 257 feet to the point of BEGINNING.

Being the same property conveyed to Barbara Summers and Luther E. Tucker, by William M. Cox and Shirley Cox, husband and wife, by Deed dated October 31, 1994, and recorded in Deed Book 375, Page 292, in the Whitley County Court Clerk’s Office.  Said Barbara Summers, having died January 6, 1996, passed her interest in the above-described property to Luther E. Tucker, by right of survivorship.  Said Luther E. Tucker, having died February 17, 2002, passed his interest in the above-described property to his heirs:  David Tucker, Jeff Tucker, Randy Tucker, Donna Mclen, and Lisa Wilson, as evidenced by the Affidavit of Descent, dated August 28, 2002, and recorded in Deed Book 437, Page 524, in the Whitley County Court Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (1/3%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12% per annum from the date of the sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, they may take a credit upon its judgment, and in that event, no down payment shall be required and no bond shall be executed by them.  Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current year and all subsequent years after purchase.  All taxes or assessments upon the property for all prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 26th day of May, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 14-CI-00662

WESTFIELD BANK FSB, PLAINTIFF, VS. CHARLES P. ROSE; MICHELLE ROSE; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 6, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, June 15, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Judgment against the Defendants, Charles P. Rose and Michelle Rose, plus costs, is as follows:

(1) The sum in the amount of $101,256.07, plus interest on the principal portion thereof ($94,311.41) at the rate of 6.99% per annum ($18.31 per day) from February 23, 2015, until paid in full, plus Plaintiff’s reasonable attorney’s fees up to 15% of the amount due, plus costs, other collection costs and the costs of taking possession of and selling its collateral.

(2) There is a 2013 Heritage King Air manufactured home with an identification number of SGI013009TN-AB that will be sold with the real property.

The property concerned herewith is situated in Whitley County, Kentucky, with an address of 110 Powers Hollow Road, Williamsburg, Kentucky 40769, and is more particularly described as follows:

A certain tract or parcel of land lying in the Nevisdale Community of Whitley County, Kentucky, and being a portion of the same tract of land conveyed to Bill J. Rose and Rucella Rose, by Deed dated September 16, 1978, and recorded in Deed Book 276, Page 571, in the Office of the Clerk of Whitley County, Kentucky, and is more particularly described as follows:

Beginning on a set iron pin and cap in the Northeast right-of-way of the CSX Railroad (formerly Pine Mountain Railroad; Deed Book 52, Page 255), (50 feet from centerline), said pin being located S. 07º 45’ 24” W., 257.81 feet from the center of the existing bridge on Powers Hollow Road that crosses Patterson Creek, and located approximately 160 feet Southeast of the intersection of Powers Hollow Road and Nevisdale Church Road; thence leaving said railroad, and with a new division line severing the parent tract, N. 47º 02’ 26” E., 206.81 feet to a set iron pin and cap on the bank of Patterson Creek; thence N. 47º 02’ 26” E., 17.97 feet to a point in the approximate centerline of said creek, and a line common to David Cox (Deed Book 411, Page 372); thence with the approximate center of said creek, and line common to said Cox, the following calls: S. 46º 12’ 06” E., 130.18 feet to a point; thence S. 46º 55’ 25” E., 149.69 feet to a point and corner common to the Nevisdale Baptist Church (agreed corner; Deed Book 112, Page 296; Deed Book 313, Page 25); thence leaving said creek, and with an agreed line between the Nevisdale Church and Bill Rose, and along the approximate location of an old fenceline, S. 43º 05’ 48” W., 13.64 feet to a set iron pin and cap; thence S. 43º 05’ 48” W., 202.59 feet to a set iron pin and cap in the Northeast right-of-way of the aforementioned railroad, said pin also being located S. 80º 02’ 03” W., 60.87 feet from the Northwest corner of the existing church building; thence with the right-of-way of the railroad, N. 48º 09’ 27” W., 295.39 feet to the point of beginning, and containing 1.45 acres, more or less, by survey conducted on May 29, 2013 by Richard A. Reece, PLS #3358.

Unless stated otherwise, any monument referred to herein as a “set iron pin and cap” is a set 1/2” by 18” iron pin with orange plastic cap stamped “R. Reece PLS #3358”. All bearings given herein are referenced to the magnetic meridian, as obtained in the field on May 29, 2013, by taking random sight and turning angles therefrom.

BEING the same property conveyed to Charles Rose and Michelle Rose, husband and wife, by Warranty Deed dated June 1, 2013 and recorded June 7, 2013, of record in Deed Book 515, Page 426, in the Office of the Clerk of Whitley County, Kentucky

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5.  The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 26th day of May, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616