Legal Notices for 6/29/2011, page 1

 

 COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 08-CI-00335

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. LIBBY ANN BERRY n/k/a LIBBY ANN PATRICK; Single ESTER E. PATRICK; and her husband, ROY J. PATRICK; PHILLIP SCHNUR; DAVID OSTERMAN; TAX EASE INVESTMENTS1, LLC; WACHOVIA-CUSTODIAN/SASS MUNI V; AND WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

AND

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 10-CI-00850

TAX EASE LIEN SERVICING, LLC, PLAINTIFF, VS. LIBBY ANN BERRY; FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK; UNIFUND CCR PARTNERS; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on May 2, 2011, for the sum of what it will bring to raise the principal amount of $10,616.57 as of April 25, 2011, plus interest at the rate of 7.95% per annum until May 2, 2011, and thereafter at the maximum judgment rate until paid, and the principal amount of $25,429.82 as of April 25, 2011, plus interest at the rate of 4.75% per annum until May 2, 2011, and thereafter at the maximum judgment rate until paid, together with charges, interest, costs, delinquent taxes, and all other judgment amounts due, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 11, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice

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

BEGINNING on a stake in the Doug Milburn property line; thence a Northwardly direction with a creek 300 feet to a stake; thence a westwardly direction 300 feet to a stake; thence a Southwardly direction 300 feet to a stake; thence an Eastwardly direction 300 feet to the point of BEGINNING.

There is a Deed of Easement to the subject property dated March 23, 1999, from Roy J. Patrick and Ester E. Patrick to Libby Ann Berry and recorded in Deed Book 103, Page 135 of the Whitley County Court Clerk’s Office. The Williamsburg National Bank also takes a mortgage on this easement.

BEING THE SAME PROPERTY conveyed to Libby Ann Berry, unmarried, from Ester E. Patrick and her husband, Roy J. Patrick, by deed dated June 25, 1998, and recorded in Deed Book 402, Page 409 of the Whitley County Court Clerk’s Office.

Said property address is: 2600 Cripple Creek Road, Williamsburg, Kentucky 40769.

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.  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 less than it Judgment, then, they shall only be required to pay the costs and expenses of the Commissioner’s Sale, 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 17th day of June, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 11-CI-00243

US BANK NATIONAL ASSOCIATION ND, PLAINTIFF, VS. TIMOTHY D. NICHOLS; BARBARA A. NICHOLS, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE 

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 6, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 11, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Timothy D. Nichols and Barbara A. Nichols, plus costs, is as follows:

(1) The principal sum in the amount of $48,897.79, plus interest from December 1, 2009 at the current rate of 10.29000% per annum until paid, plus late fees, escrow advances, costs and fees of this action, attorney’s fees and costs, and other advances made pursuant to the terms of the Note and Mortgage, including but not limited to sums advanced in payment of ad valorem taxes, insurance premiums, winterization and preservation of the real estate.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address: 145 Prewitt Lane, Williamsburg, Kentucky 40769.

Beginning at a stone in the Bill Prewitt line, thence running in a northerly direction 190 feet, more or less, to a stone, thence running in a western direction 260 feet, more or less, to a white oak corner tree; thence running in a southerly direction with the Jim and Sadie Chitwood line 330 feet, more or less, to a corner stone and ditch, thence running in an easterly direction 150 feet, more or less, to a stone in the Bill Prewitt line, the point of beginning.

Parcel Number: 153-10-00-033.00

Being the same property conveyed to Timothy D. Nichols and Barbara A. Nichols, by virtue of Deed acknowledged on April 3, 2006 and recorded on April 6, 2006 in Book 468, Page 270, County Clerk’s Office, 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 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 and the Master Commissioner shall credit the judgment amount against the purchase price on the date of the sale.

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 17th day of June, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00092

FIRST NATIONAL BANK AND TRUST, PLAINTIFF, VS. NATHAN K. TAYLOR (a/k/a NATHAN KELLY TAYLOR); UNKNOWN SPOUSE OF NATHAN KELLY TAYLOR, IF ANY; KIMBERLY K. LOVE; UNKNOWN SPOUSE OF KIMBERLY K. LOVE, IF ANY; CITY OF CORBIN, KENTUCKY; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE   

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 9, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 11, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Nathan K. Taylor (a/k/a Nathan Kelly Taylor); Unknown Spouse of Nathan Kelly Taylor, if any; Kimberly K. Love; Unknown Spouse of Kimberly K. Love, if any, plus costs, is as follows:

(1) The principal sum in the amount of $23,093.61, plus accrued interest of $470.57 for a total balance of $23,564.18 as of January 20, 2011, with interest continuing to accrue on the unpaid principal at the current rate of 5.950% per annum, or at a daily rate of $3.7646, until May 9, 2011, and at the legal rate thereafter until paid in full, plus late charges, advances for taxes and insurance, and costs herein expended.

A house and lot located at 100 Jesson Street, Corbin, Whitley County, Kentucky, and which is more particularly described as follows:

LOCATED AND BEING IN WHITLEY COUNTY, KENTUCKY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING at Frank Vaught’s S. E. Corner about West with said Vaughn line 129 feet to a 26 ft. street; thence with said street about South 105 feet to a stake at Earls Street; thence about East 100 feet with Earls Street to Jesson Street; thence with Jesson Street about 100 feet to the BEGINNING.

BEING ALL OF THE SAME PROPERTY Nathan K. Taylor and Kimberly K. Love acquired from Home Loan and Investment Bank, FSB by Deed dated October 24, 2008 and recorded December 23, 2008 in DEED BOOK 487, PAGE 637-640, records of the Whitley County Clerk’s Office at Williamsburg, 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 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 sixty (60) 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 and the Master Commissioner shall credit the judgment amount against the purchase price on the date of the sale.

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 17th day of June, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 10-CI-00422

COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. RAYMOND DAVIS, AKA, RAYMOND D. DAVIS; EMMA DAVIS, FKA, EMMA JANE SMITH; TONY K. DAVIS; NANCY A. DAVIS; ATLANTIC CREDIT & FINANCE, INC., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE 

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 9, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 11, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Raymond Davis, aka Raymond D. Davis; Emma Davis fka Emma Jane Smith; Tony K. Davis; and Nancy A. Davis, plus costs, is as follows:

(1) The principal sum in the amount of $139,607.18, plus unpaid interest of $5,166.74, plus late charges of $1,222.64, plus other fees of $1,367.06 for a total payoff of $147,363.62, plus interest until paid in full.  The interest accrues daily at $28.60000820 (as of May 17, 2010).

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address:

154 Briar Creek Road, Rockholds, Kentucky 40759.

And

4497 Meadow Creek Road, Rockholds, Kentucky 40759.

PARCEL I

All that certain parcel of land lying and being situated in the County of Whitley, State of KY, to-wit:

Beginning on a stone beside the old county road running East with the same county road to the branch and with the same county road to a rock fence; thence with the rock fence in Eli Foley’s line to a stone on the West side of the branch to hickory in the lock of the fence; thence up the hill to the stone at the left of the County Road to the beginning.

Tax Map Reference:  094-00-00-240.00

Being that parcel of land conveyed to Raymond Davis from Billy Frank Brown and Wife, Bobby Jean Brown by that deed dated 05/26/1998 and recorded 05/29/1998 in deed book 400, at page 711 of the Whitley County, KY Public Registry.

This loan is further secured by a 2006 Fleetwood 28 X 80 Mobile Home; VIN#: TNFL527AB62924-SR12

(It appears that the mobile home is located on Parcel II)

PARCEL II

All property lying on the west side of County Road 1064 of the following described property:  BEGINNING at a large sycamore on the west side of the county road and on the south side of the creek; thence with the division line S 46 W. 86 poles to set stone and hickory on the top of a ridge in the outside line; thence with it N 54 W 48 1/2 poles to a chestnut oak; thence N 74 W, 36 poles to a chestnut oak; thence N 1 E, 18 poles to a chestnut oak; thence N 51 E, 72 3/4 poles to a poplar and white walnut; thence N 21 1/2 E, 45 3/4 poles to a chestnut on the side of the county road; thence northward with the old line 80 1/2 poles to a chestnut oak on the top of the mountain; thence N 78 1/2 E, 17 poles to a stake near the Buzzard Den; thence N 39 E, 18 poles to a spotted oak; thence S 2 W, 4 poles to a chestnut oak on the top of a cliff; thence S 49 E, 83 3/4  poles to a maple; thence S 74 1/2 E, 11 poles to the top of the ridge, Edna Ruby Smallwood’s corner; thence with the division line S 22 W, 114 poles to the beginning, containing one hundred (100) acres, more or less.

RESERVATION:  The Grantors herein reserve all mineral rights including but not limited to coal, oil and gas, together with the right to mine and remove same and the right of ingress and egress to mine and remove same.  It is the intention of Grantors to convey only the surface and surface rights in this deed.

Being the same property conveyed to Emma Jane Smith and Raymond D. Davis, by deed dated November 18, 2005 from Terry Skinner and wife, Diane Skinner, and recorded in Deed Book 465, Page 413, Whitley County Clerk’s Office, Williamsburg, Kentucky.

There is excluded from the above described property, a 3.38 acre tract of land conveyed to T.O. Elliott by Strawman Deed dated June 17, 1999 and recorded in Deed Book 409, Page 583, and being more particularly described as follows:

BEGINNING on a set iron pin and cap in the eastern right of way of KY HWY 1064 (20’ from APPX centerline) a common corner to William Moore (DB 311 PG 101), said pin being located N 21-26-37 E 333.63 feet from a 48” sycamore (the beginning corner of parent tract), said pin also being located approximately 3.0 miles northwest of the intersection of KY HWY 1064 and KY HWY 779, thence leaving line common to said Moore and with the eastern right of way of KY HWY 1064 along a curve to the right having a chord bearing of N 17-24-08 W a chord distance of 209.06 feet, an arc distance of 209.93 feet and a radius of 664.91 feet to a point; thence continuing with said right of way N 25-34 26 W 368.23 feet to a point, thence N 29-59-34 W 48.28 feet to a set iron pin and cap (20’ from APPX centerline), thence leaving said highway and with 3 new division lines severing the parent tract N 83-10-17 E 210.07 feet to a set iron pin and cap, thence N 46-04-06 E 143.60 feet to a set iron pin and cap thence S 49-11-11 E 205.11 feet to a set iron pin and cap in a line common to William Moore (DB 311 PG 101), thence with  line common to said Moore S 21-26-37 W 606.04 feet to the point of beginning, containing 3.38 acres by survey conducted on April 12, 1999 by Richard A Reece, PLS#3358 with H & R Surveying Rt 1 Box 240, Gray, KY. 40734.

There is further excluded from the above described property, the interest, if any, T.O. Elliott, his heirs and assigns may maintain the above described property located on the EAST side of County Road 1064 as a result of Deeds recorded in Deed Book 386, Page 260; or Deed book 326, Page 515; Deed Book 393, Page 232; Deed Book 393, Page 236; Deed book 409, Page 580; Deed book 409, Page 583; and Deed Book 424, Page 102.  Said interest is taxed as fifty (50) acres of the subject property, under the same map number by the Whitley County Property Valuation Administrator, and declaratory judgment adjudging the property ownership should be entered in the Whitley Circuit Court or a new survey performed to determine the location and ownership interest of all parties.

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 sixty (60) 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.  In the event that the successful bidder is a junior lienholder other than the Plaintiff, than at the end of the sixty (60) days, the said party shall pay the full purchase price.

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 17th day of June, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 10-CI-00978

PILGRIM ENERGY, INC., PLAINTIFF, VS. NEIL H. SINGER; and WILLIAM GROOME, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 9, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 11, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Neil H. Singer and William Groome, plus costs, is as follows:

(1) $220.83 being Pilgrim’s acquisition cost of the 2000, 2004, 2005, and 2006 tax bills made the basis of this suit, plus $52.98 twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009; actual and reasonable attorney’s fees of $500.00; Court costs and service costs of $210.64; and Master Commissioner and Appraisers fees.

(2) To secure Pilgrim the above listed recovery, Pilgrim is adjudged to have liens on the following described property:

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

A 0.0139042 working interest in Lease Name Otto Sulfridge 1, Lease Number 239/020

A 0.0139042 working interest in Lease Name E H Meadors 1, Lease Number 239/025

A 0.0139042 working interest in Lease Name W E Brooks 1, Lease Number 239/027

A 0.0139042 working interest in Lease Name Frank Cassidy 2, Lease Number 239/028

A 0.0139042 working interest in Lease Name Frank Patrick 2, Lease Number 239/030

A 0.0139042 working interest in Lease Name Bobby J Petrey 1, Lease Number 239/034

A 0.0139042 working interest in Lease Name Ronald Shupe 4, Lease Number 239/036

A 0.0139042 working interest in Lease Name Otto Sulfridge 1, Lease Number 239020

A 0.0139042 working interest in Lease Name E H Meadors 1, Lease Number 239025

A 0.0139042 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

A 0.0139042 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

A 0.0139042 working interest in Lease Name Frank Cassidy 2, Lease Number 239028

A 0.0139042 working interest in Lease Name Frank Patrick 2, Lease Number 239030

A 0.0139042 working interest in Lease Name Frank Patrick 3, Lease Number 239030

A 0.0139042 working interest in Lease Name Bobby J Petery 1, Lease Number 239034

A 0.0139042 working interest in Lease Name Bobby J Petery, Lease Number 239034

A 0.0139042 working interest in Lease Name Ronald Shupe 4, Lease Number 239036

TERMS OF SALE

1. Pilgrim’s lien is on the undivided natural gas interest in the described property; however, since the oil and natural gas are indivisible in that one (oil) cannot be produced without producing the other, the Court has ordered the sale of the oil and natural gas interest owned by Phillip W. Megna together, free and clear of all liens and claims of the parties hereto. This lien is also deemed to cover the to any unpaid proceeds or royalties from the well(s) located on said Property, which shall also be sold along with the undivided oil and natural gas interest. Said mineral interest (undivided oil and natural gas) is indivisible and cannot be divided without materially impairing its value and said mineral interest 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 for a sum less than its Judgment, then, and in that event, they may take a credit upon its Judgment, and shall only be required to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes, pro rata, 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, and leases of record;

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

c. Any facts which an inspection and accurate survey or inspection 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 17th day of June, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  I

CIVIL ACTION NO. 10-CI-00977

PILGRIM ENERGY, INC., PLAINTIFF, VS. PHILLIP W. MEGNA, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 2, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 11, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Phillip W. Magna, plus costs, is as follows:

(1) $214.82 being Pilgrim’s acquisition cost of the 2000, 2004, 2005, and 2006 tax bills made the basis of this suit, plus $51.50 twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009, an administration fee of $400.00, and a pre-litigation attorney fees of $84.80; actual and reasonable attorney’s fees of $1,125.00; Court costs and service costs of $181.58; and Master Commissioner and Appraisers fees.

(2) To secure Pilgrim the above listed recovery, Pilgrim is adjudged to have liens on the following described property:

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

A 0.0128887 working interest in Lease Name Bobby J Petery 1, Lease Number 239034

A 0.0128887 working interest in Lease Name Bobby J Petery 1, Lease Number 239034

A 0.0128887 working interest in Lease Name Bobby J Petrey 1, Lease Number 239/034

A 0.0128887 working interest in Lease Name E H Meadors 1, Lease Number 239/025

A 0.0128887 working interest in Lease Name Frank Cassidy 2, Lease Number 239/028

A 0.0128887 working interest in Lease Name Frank Cassidy 2, Lease Number 239028

A 0.0128887 working interest in Lease Name Frank Cassidy 2, Lease Number 239028

A 0.0128887 working interest in Lease Name Frank Patrick 2, Lease Number 239/030 (Lease Number may have changed)

A 0.0128887 working interest in Lease Name Frank Patrick 3, Lease Number 239030

A 0.0128887 working interest in Lease Name Frank Patrick 3, Lease Number 239030

A 0.0128887 working interest in Lease Name Otto Sulfridge 1, Lease Number 239/020

A 0.0128887 working interest in Lease Name Otto Sulfridge 1, Lease Number 239020

A 0.0128887 working interest in Lease Name Otto Sulfridge 1, Lease Number 239020

A 0.0128887 working interest in Lease Name Ronald Shupe 4, Lease Number 239/036

A 0.0128887 working interest in Lease Name Ronald Shupe 4, Lease Number 239036

A 0.0128887 working interest in Lease Name Ronald Shupe 4, Lease Number 239036

A 0.0128887 working interest in Lease Name W E Brooks 1, Lease Number 239/027

A 0.0128887 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

A 0.0128887 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

TERMS OF SALE

1. Pilgrim’s lien is on the undivided natural gas interest in the described property; however, since the oil and natural gas are indivisible in that one (oil) cannot be produced without producing the other, the Court has ordered the sale of the oil and natural gas interest owned by Phillip W. Megna together, free and clear of all liens and claims of the parties hereto. This lien is also deemed to cover the to any unpaid proceeds or royalties from the well(s) located on said Property, which shall also be sold along with the undivided oil and natural gas interest. Said mineral interest (undivided oil and natural gas) is indivisible and cannot be divided without materially impairing its value and said mineral interest 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 for a sum less than its Judgment, then, and in that event, they may take a credit upon its Judgment, and shall only be required to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes, pro rata, 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, and leases of record;

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

c. Any facts which an inspection and accurate survey or inspection 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 17th day of June, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

CIVIL ACTION NO. 07-CI-00610

DIV. NO. I

COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. ARNIE LEWIS (AKA ARNIE LEWIS, JR.) AND ROBIN LEWIS, HUSBAND AND WIFE; VINCENT DANIEL LEWIS, SR.; RANDALL SMITH; WHITLEY COUNTY, KENTUCKY; JOHN SIMCIK AND AMY SIMCIK, HUSBAND AND WIFE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on March 3, 2008, and subsequent Order entered by the Whitley Circuit Court on May 13, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 11, 2011, at 12:30 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, Arnie Lewis (aka Arnie Lewis, Jr.), plus costs, are as follows:

(1) The sum of $209,411.39 plus unpaid interest of $10,553.75 plus late charges of $180.07, other fees of $2,116.00, for a total payoff of $222,261.21 plus interest at 2.0% in excess of the current index rate from July 12, 2007, until paid plus Court costs and a reasonable attorney fee. Interest accrues daily at $59.6240763 per day.

The property to be sold is as follows:

The real property or its address is commonly known as Spruce Creek Road, Corbin, Kentucky 40701.

Beginning at a fence post in right of way of Spruce Creek Road and U.S. 25W; thence with right of way U.S. 25W and fence N 45° 10’ E a distance of 193 feet to a post, corner of Clarence Adams’ land; thence turning and running with said Adams land N 3° 45’ E a distance of 614.40 to a steel pipe corner of Veach land; thence with Veach land N 2° 12’ W a distance of 647 feet to a steel post, corner of Jean Worley land; thence turning and running with said Worley land 13 feet to a steel bar corner of Bear Town Subdivision; thence turning and running with said subdivision land S 37° 29’ W a distance of 927 feet to a steel bar, corner of Odell Worley, Jr. land; thence turning and running with Worley land S 49° 26’ E to a steel post; thence turning and running with said Odell Worley, Jr. land S 37° 29’ W a distance of 240 feet to a steel post in right of way of Spruce Creek; thence turning and running with said right of way of said road S 49° 26’ E a distance of 557.30 feet to beginning containing a calculated area of 11.47 acres +-, more or less.

Being the same real property conveyed to Arnie Lewis by deed from Jean, Worley, widow, dated November 29, 2005, of record in Deed Book No. 465, Page 684. Also see deed from Odell Worley, Jr., et at, to Arnie Lewis, dated March 13, 2006, of record in Deed Book No. 467, Page 620, Whitley County Court Clerk’s Office.

There is excepted from the above-described property approximately 3.54 acres of property that was conveyed by deed dated January 17, 2007, from Arnie Lewis and Robin Lewis, husband and wife, to L & L Contracting and Custom Homes, LLC of record in Deed Book 474, Page 471, Whitley County Clerk’s Office.

There is also excepted from the above described property, the following property:

Beginning on set iron pin and cap in the northern edge of Spruce Creek Road (15 feet from approximate centerline) and in the eastern edge of a 20’ wide private drive, said pin also being located N 48-22-34 W 536.67 feet from the southeast corner of the parent tract and the intersection of Ky Highway 25W, thence leaving Spruce Creek Road and along the eastern edge of said private drive N 39-45-13 E 134.93 feet to a set iron pin and cap, a corner common to tract 2 of this division, thence with line common to tract 2 S 47-53-53 E 168.52 feet to a set iron pin and cap, thence leaving tract 2 and with a new division line S 33-34-24 W 134.15 feet to a set iron pin and cap in the northern edge of Spruce Creek Road (15 feet from approximate centerline), then with the northern edge of said road N 48-34-22 W 182.90 feet to the point of beginning, containing 0.54 acres by survey conducted March, 22, 2006, by Richard A, Reece, PLS#3358 with H&R Surveying. Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set 1/2” x 18” iron pin with orange plastic cap stamped H&R PLS#3358. All bearings given herein are referenced to the magnetic meridian, as obtained in the field on March 22, 2006, by taking random sight and turning angles therefrom.

Being a portion of the same property conveyed to Arnie Lewis, Jr., et ux., by deed dated November 29, 2005, and of record in Deed Book 465, Page 684, Whitiey 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 10% down with the balance in 60 days with interest at 12%. Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 2007 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 20th day of June, 2011.

DAVID S. HOSKINS, SPECIAL MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

107 EAST FIRST STREET, P.O. BOX 1185, CORBIN, KENTUCKY 40702-1185

TELEPHONE: (606) 526-9009; FACSIMILE: (606) 526-1021

 

NOTICE TO UNKNOWN DEVISEES OF TRACY DAVENPORT

I, Marcia A. Smith, have been appointed Warning Order Attorney for the “Unknown Devisees of Tracy Davenport,” to notify them of a lawsuit which has been filed against them in the Whitley Circuit Court, Williamsburg, Whitley County, Kentucky. If you are an heir of Tracy Davenport, or have any information regarding the whereabouts of any of said heirs, please contact me immediately at 606/528-5001.

MARCIA A SMITH, ATTORNEY AT LAW

PO BOX 699, CORBIN KY 40702

 

THE WHITLEY COUNTY FISCAL COURT IS NOW ACCEPTING BIDS

ON THE FOLLOWING ITEM(S).

 

Vendors must submit their bids to the Whitley County Judge Executive at the Whitley County Courthouse, PO Box 237, Williamsburg, Kentucky, or hand delivered to Whitley County Fiscal Court, 200 Main Street, Williamsburg, KY 40769 on or before 2:00 p.m. local time on July 18, 2011, at which time bids will be opened and read aloud.  Bids shall be awarded during the July 19, 2011 Fiscal Court Meeting, held in the Whitley County Fiscal Court Room.  Bids should be clearly marked on the envelop “DUMP TRUCK.”

 Bidders may obtain truck specification and bid form from the county web site: http://www.whitleycountyfiscalcourt.com/news.asp or contact the Judge Executive’s Office at 606-549- 6000 to obtain a hard copy of the documents. 

Conflicts of interest, gratuities and kickbacks are defined in KRS 45A.445 and as provided for in KRS 45A.445 are absolutely prohibited. 

No bidder may withdraw his/her bid for 90 days after the date the bids are opened. Any bid received after the time specified shall not be considered and will be returned unopened to the bidder.

Whitley County reserves the right to waive any informality and may reject any and all bids. Whitley County is not obligated to accept the Lowest Bid Price, but reserves the right to accept the best proposal.

————————————————————————

MINIMUM SPECIFICATIONS FOR 1 NEW 2012 TRI- AXLE DUMP TRUCKS, ALL BIDS MUST BE EQUAL TO OR EXCEED THE FOLLOWING CONDITIONS:

PRICE QUOTED SHALL INCLUDE TRANSPORTATION CHARGES FULLY PAID TO : THE LOCATION DESIGNATED AS THE DELIVERY ADDRESS.

 BIDDER SHALL PROVIDE PREPAID TITLE APPLICATIONS (WHERE APPLICABLE) ON  ALL UNITS BID.

THESE SPECIFICATIONS ARE DESCRIBING & STATING THE MINIMUM CAPACITIES, MATERIAL THICKNESS AND QUALITIES NEEDED AND REQUIRED TO PERFORM A CERTAIN JOB. ANY BIDS SUBMITTED NOT MEETING ALL OF THESE MINIMUM SPECIFICATIONS WILL BE REJECTED. 

ALL BIDS MUST BE SIGNED AND DATED. ALL BIDS MUST INCLUDE DELIVERY AND PUTTING THE EQUIPMENT INTO SERVICE. ALL EQUIPMENT MUST BE 2012 YEAR

 

Ordinance 11-005

An Ordinance Adopting The City of Williamsburg

Annual Budget for the Fiscal Year

July 1, 2011 through June 30, 2012

WHEREAS, an annual budget proposal and message has been prepared and delivered to the legislative body; and

WHEREAS, the legislative body has reviewed such budget proposal and made necessary modifications have been made accordingly.

NOW THEREFORE, be it ordained by the City of Williamsburg, Kentucky,

SECTION ONE: That the annual budget for the fiscal year beginning July 1, 2011 and ending June 30, 2012 is hereby adopted as follows:

SECTION TWO: This Budget Ordinance shall be administered by the executive authority as prescribed and set forth in the Kentucky Revised Statutes.

SECTION THREE: The detailed operating budget is adopted by reference for administration accounting and reporting purposes.

SECTION FOUR: This Ordinance shall be published by title and summary within thirty (30) days of its adoption.

SECTION FIVE: This Ordinance becomes effective immediately upon passage and publication as required by law.

Adopted this 13th day of June 2011.

Roddy Harrison, Mayor First Reading: May 23, 2011

ATTEST: Teresa Black, City Clerk Second Reading: June 13, 2011

Ordinance# 11-005

BUDGET SUMMARY

2011-2012

CITY OF WILLIAMSBURG

General Fund Revenues $3,017,225.00

 

General Fund Expenditures:

General Fund 985,990.00

Police $ 882,720.00

Fire $ 325,820.00

Street $ 240,670.00

Sanitation $ 509,525.00

Recreation $ 72,500.00

Total $3,017,225.00

 

Hal Rogers Family Entertainment Center

Hal Rogers Family Entertainment Center

     Revenues $1,260,000.00

Hal Rogers Family Entertainment Center

     Expenditures $1,255,585.00

Reserve for Transfer $4,415.00

 

WATER AND SEWER

Revenues

Water Revenues $ 1,195,520.00

Sewer Revenues $ 863,850.00

Total Revenues $ 2,059,370.00

Expenditures

Water Expenditures $ 1,001,320.00

Sewer Expenditures $1,058,050.00

Total $2,059,370.00

 

Roddy Harrison, Mayor First Reading: May 23, 2011

ATTEST: Teresa Black, City Clerk Second Reading: June 13, 2011