Legal Notices for 6/12/13, page 3

 William E. Meadors tract, and at the southeasterly corner of Tract 1, Lot 1, of this division, said point of beginning bearing S 23° 19` 17” W 1370-95 feet from a P-K nail in the intersection of the centerlines of Craig Road and Wilson Road, and running thence with the meanders of Sanders Creek the following calls: S 37° 42` 16” E 41.60 feet to a point; thence S 10° 18` 16” E 52.92 feet to a point; thence S 60° 48` 33” E 26.40 feet to a point; thence S 00° 41` 23” W 39.26 feet to a point; thence S 06° 34` 48” W 8.46 feet to a point at the northeast corner of tract III, Lot 3; thence leaving Sanders Creek and running with the north line of Tract III, Lot 3 S 70° 07` 02” W 10.00 feet to a survey marker set as a witness corner; thence S 70° 02` 02” W 267.55 feet to a survey marker in the east line of an existing graveled or dirt roadway; thence crossing said road S 70° 07` 02” W 20.50 feet to a survey marker in the westerly line of said roadway; thence continuing with the northerly line of Tract III, Lot 3, S 70° 07` 02” W 294.39 feet to a survey marker at the northwesterly corner of Tract III, Lot 3, and in the easterly line of the Donnie Huddleston tract; thence leaving the Tract III, Lot 2; thence leaving the Huddleston line and running with the southerly line of Tract III, Lot 1, N 70° 07` 02” E 351.40 feet to a survey marker in the westerly line of an existing graveled or dirt roadway; thence crossing said roadway N 70° 07` 02” E 20.75 feet to a survey marker in the easterly line of said roadway; thence continuing with the south line of Tract III, Lot 1, N 70° 07` 02” E 226.62 feet to the point of beginning containing a calculated area of 2.162 acres as per survey and plat dated October 12, 1996 by Gary R. Owens, RLS KY Registration Number 2681.

EXCEPTION to Tract III, Lot 2:

There is excepted from the above description a twenty-foot roadway, said roadway being reserved for the purpose of access to all tracts and lots of this division and being only that portion of said roadway which is within the boundaries of Tract III, Lot 2 of this division and being more fully described as follows; to-wit: BEGINNING on a survey marker on the southerly line of Tract III, Lot 1, said survey marker being the northeasterly corner of that portion of said roadway which lies with the boundaries of Tract III, Lot 2, and running thence with the easterly line of said roadway the following calls: S04° 23` 55” E 78.46 feet to a point; thence S 16° 13` 26” E 40.42 feet to a point; thence S 15° 44` 59” E 36.81 feet to a point; thence S 07° 09` 24” E 10.45 feet to a survey marker in the northerly line of Tract III, Lot 3; thence with the northerly line of Tract III, Lot 3, S 70° 07` 02” W 20.50 feet to a survey marker in the westerly line of said roadway; thence with the westerly line of said roadway the following calls N 07° 09` 24” W 19.02 feet to a point; thence N 15° 44` 59” E 35.13 to a point; thence N 16° 13` 26” W 36.76 to a point; thence N 04° 23` 55” W 74.99 feet to a survey marker in the southerly line of Tract III, Lot 1; thence with the southerly line of Tract III, Lot 1, N 70° 07` 02” E 20.75 feet to the point of beginning.

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 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, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the 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 one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 24th day of May, 2013.                     

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. 11-CI-00239

FSGBANK, N.A. and KENESAW LEASING, INC., PLAINTIFF, VS. Charles E. McCullah, Gail McCullah, a/k/a Ina Gail McCullah; Emlyn Coal Processing, Inc; Best Transit, Inc.; Whitley County, Kentucky; City of Williamsburg, Kentucky; Commonwealth of Kentucky Dept of Revenue; Commonwealth of Kentucky Div of Unemployment Ins.; United States of America Internal Revenue Service; Delta Natural Gas Company, Inc; Williamsburg National Bank n/k/a Forcht Bank, N.A., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 2013, 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 17, 2013 at 12:00 p.m., or thereabout, the real property described in this Notice.

Defendant, Best Transit, Inc., [hereinafter, “BTI”] has received a judgment against the Defendant, Charles E. McCullah, plus costs, and to any interest by virtue of dower rights of Gail McCullah a/ka Ina Gail McCullah, as follows:

(1) The sum of $2,314,679.17 for principal and interest through February 1, 2013, plus post-judgment interest at 12% until this Judgment is satisfied, through the Laurel Circuit Court, Civil Action No. 05-CI-01205, rendered on March 14, 2008. 

(2) In addition, costs and attorney’s fees of $14.716.28, as of March 14, 2008, and additional attorney’s fees of $3,148.33 is assessed against the property in favor of the Defendant, BTI, as well as the costs of this action.

(3) Interest has continued to accrue on the Judgment by applicable statute in the amount of Twelve Percent (12%) per annum and will continue accruing on the Judgment at Twelve Percent (12%) per annum until paid in full, plus any supplemental costs.

Property Address: 862 Hwy 26, Williamsburg, KY 40769

A certain tract or parcel of land lying in Whitley County, Kentucky containing one lot, and bounded and described as follows:

Beginning at a point in the right of way of KY Highway 26 and Browns Creek, thence downstream with Browns Creek about 100 feet to the center line of old Highway 25, thence with the line of the center of old Highway 25 southward to where it converges with present KY 26 about 500 feet; thence with the right of way of KY 26, northward to the Browns Creek bridge, the beginning corner.

Being the same property conveyed to Charles E. McCullah by deed of conveyance from James R. Hudson, II and Laura Hudson, his wife, dated December 30, 2004 and recorded in Deed Book 475, Pages 318-320, on March 1, 2007, 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 ten percent (10%) down with the balance in 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, they may take a credit upon its judgment amount against the purchase price, and shall only be required to pay court costs, and all unpaid county property taxes due and owing, and the fees and costs of the Master Commissioner, 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 one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 24th day of May, 2013.                     

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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