Legal Notices for 6/30/10, page 1

 

 NOTICE OF BOND RELEASE

In accordance with the provisions of KRS 350.093, notice is hereby given that Rimco, LLC, P.O. Box 328, Flat Lick, KY 40935, has applied for a combined Phase II and III bond release of Permit No. 861-0473, which was last issued on 4-11-03. This application covers an area of 15.7 acres of surface area and is located 4.0 miles north of the community of Louden, KY in Knox and Whitley Counties.

The permit area is approximately 0.4 mile southwest from KY Route 1418’s junction with Hubbs Hollow Road and 0.7 mile southwest of Mackey Cemetery. The latitude is 36° 48’ 52”. The longitude is 84° 00’ 54”.

The letter of credit bond now in effect for this bond is $23,100.00 of which 100 percent of this amount is requested to be included in this phase of bond release.

Reclamation work performed includes: Reclamation was completed on 1-29-2004. The post mining land use of pastureland has been achieved.

This is the final advertisement of the application. Written comments, objections, and requests for a public hearing must be submitted to the Cabinet at: Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY 40601, by July 31, 2010.

A public hearing has been scheduled for 9:00 a.m. on August 3, 2010, at the Middlesboro Regional Office, 1804 E. Cumberland Ave., Middlesboro, KY 40965. This hearing will be canceled if the Cabinet does not receive a request in writing for the public hearing by July 31, 2010.

 

WARNING ORDER

ATTORNEY NOTICE

Gregory J. Wilcheck

Forcht Bank v. Gregory J. Wilcheck

08-CI-00969 Whitley Circuit Court

 

Whitley Circuit Court Clerk appointed me Warning Order Attorney in the above matter to notify you of the nature and pendency of this action. Please contact me: Donald R. Sutton, Attorney at Law, 225 Main Street, Williamsburg, KY; (606) 539-0979

 

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 08-CI-00630

JAMES  F. SHAW,  PLAINTIFF,

VS.              

KENNETH RAY SHAW, JR., AND HIS WIFE, VICKIE SHAW, MARY SUSAN SHAW-JAYNES, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Agreed Order entered by the Whitley Circuit Court on March 4, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 12, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The property to be sold is as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky, on Highway No. 25W and being part of land conveyed to the first parties by T.E. Monhollen and wife by deed dated Aug. 9, 1928, which is recorded in deed book 173 at page 287, and by deed from Elizabeth Lovitt and husband by deed bearing date, Aug. 21, 1948, which is duly recorded in deed book173, page 334, County Court Clerk’s office, containing….acres more or less. And bounded as follows, viz: Beginning at a stake in edge of Highway #25W., and running thence in western direction a straight line 130 feet to a stake in the line of Lee Brown; thence in a northern direction with the line of Lee Brown 205 feet to a concrete post, corner of the said Lee Brown; thence still with his line but in an eastern direction 127 feet to a concrete post in edge of State Highway #25W; thence in a southern direction with the line of said Highway 224 feet to the beginning.  Also the following described strip of land beginning at a stake that is 21 feet from the beginning corner of the first above lot, and running thence in a southern direction with a line curved in a southern direction to a locust post that is 58 feet from the right of way of the Highway aforesaid; thence continuing in a curved line, but in a southeastern direction to a stake in edge of the right of way of Highway #25W that is 25 feet from the corner of Ora Ball Filling Station; thence in a southern direction with the line of said Highway 15 feet to a stake, that is 10 feet from the corner of the said Ora Ball Filling Station; thence parallel line with the aforesaid line but 15 feet therefrom to a stake in the line of the lot described above; thence in an eastern direction with the line of above first described above; thence in an eastern direction with the line of above first described lot 15 feet to the beginning.

To have and to hold the same together with all the appurtenances thereunto belonging unto the parties of the second part their heirs and assigns forever.  And the said parties of the first part hereby covenants with the said parties of the second part, that they will warrant the title to the property hereby conveyed unto the said parties of the second part and their heirs and assigns forever. 

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 (1/3) down with the balance in 30 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 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 18th day of June, 2010.

HOWARD O. MANN,  MASTER  COMMISSIONER

WHITLEY CIRCUIT COURT

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. 08-CI-00512

SELENA FINANCE, L.P. AS SERVICER FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORP., PLAINTIFF,

VS.

BRIAN MAIDEN, CHRIS MAIDEN, COUNTY OF WHITLEY, COMMUNITY TRUST BANK, INC., F/K/A COMMUNITY TRUST BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO FARMERS NATIONAL BANK, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 10, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 12, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Brian Maiden, Chris Maiden, County of Whitley, Community Trust Bank, Inc. f/k/a Community Trust Bank, National Association successor by merger to Farmers National Bank, plus costs, are as follows:

(1) The principal sum in the amount of $77,605.98, plus interest from 01/01/08 in the amount of $7,795.17, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,215.97, plus attorney fees (KRS 411.195) in the amount of $1,150.00, for a total in the amount of $87,767.12

The property to be sold is as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky, and being all the same land conveyed to Brian Maiden, by deed dated January 15, 2007 and recorded in Deed Book 474, page 462 of the Whitley County Clerk’s Records and more particularly described as follows:

BEGINNING at an iron stake in the line of Dusky Simms, running in a northeasterly direction about 310 feet to iron post; thence running with Haun line in an easterly direction about 180 feet to iron stake in Barbara Maiden line, thence in a southerly direction with Maiden line about 270 feet to a iron post on the banks of the County Road; thence in a westerly direction with the County Road 95 feet to an iron post in the line of Bowlin/Simms, the point of the beginning.

BEING THE SAME PROPERTY CONVEYED TO BRIAN MAIDEN, NO MARITAL STATUS GIVEN, FROM DUSKY SIMMS, AN UNREMARRIED WIDOW, BY DEED DATED JANUARY 15, 2007 AND RECORDED ON JANUARY 16, 2007, IN DEED BOOK 474, PAGE 462, OFFICE OF THE WHITLEY COUNTY COURT CLERK’S OFFICE.

ALSO

Manufactured mobile home included with said real estate.

Said property address is:  572 Jacks Fork Road,  Rockholds, Kentucky 40759.

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 (1/3) down with the balance in 30 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 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 18th day of June, 2010.

HOWARD O. MANN,  MASTER  COMMISSIONER

WHITLEY CIRCUIT COURT

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. 09-CI-00185

MARY L. MAYNE,    PLAINTIFF,

VS.

RANDELL L. MAYNE, DEFENDANT

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 19, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 12, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The property shall be sold as a whole and the proceeds obtained from the sale of said real estate shall be divided between the parties hereto as their respective interest may appear after payment of all costs of sale and after payment of all expenses incurred by the plaintiffs in the prosecution of this action, including a reasonable attorney’s fee.

The property to be sold is as follows:

DEED ONE:

A certain tract or parcel of land lying in Whitley County, Kentucky, and being all of the grantor’s interest in the land conveyed to the grantor and grantee by deed from Delema Taylor, an unremarried widow, dated October 22, 1996, recorded in Deed Book 388, Page 658, Whitley County Court Clerk’s Office, which property is more particularly described as follows:

BEGINNING at a set stone in the north line of the county road leading to Rockhold, also center of a branch; thence with the middle of the branch when reduced to a straight line, N 34 E 91 feet; thence N 80 E 52 feet; thence N 45 E 196 – ½ feet; thence N 20 E 467.4 feet to a point where the branch forks; thence with the west fork of the branch N 25 W 122-1/2 feet to a set stone; thence leaving the branch and with a private road, S 30 W 64 feet to a point; thence S 83 W 30 feet to a pine by the private road; thence leaving such road and with top of ridge, N 75 W 369 feet to a white oak;  thence N 40 E 300 feet to a stake; thence N 22 E 145 – ½ feet to a stake; thence N 39 W 333 feet to a stake; thence N 22 E 300 feet to a stake; thence N 26 E 454 feet to a stake; thence N 50 E 103 – ½ feet to a stake; thence N 31 E 241.3 feet to a stake; thence N 47 E 300 feet to a stake; thence N 31 E 125 feet to a stone and white oak on top of the ridge, and still with said ridge, S 51 E 421 feet to a stone; thence leaving top of ridge, S 15 E 274 feet to a stake; thence due South 246 feet to a stake; thence S 2 E 262 feet to a stake; thence S 25 E 223 feet to a stake; thence S 37 E 97 feet to a post oak; thence S 4 W 300 feet to a stone; thence S 25 W 360  feet to a stake; thence South 46 West 1354 feet to a stone in the north line of the county road to Rockhold; thence with such road, N 60 W 253 feet to the point of beginning. 

THERE IS EXCEPTED FROM THE ABOVE AND FOREGOING PROPERTY, THE FOLLOWING:

1) One acre sold to Clifton Goins and wife, Lois Goins which is duly recorded in Deed Book 305, Page 657, on August 30, 1984, Whitley County Clerk’s Office.

2) One acre sold to Larry Bradly and wife, Susan Bradly which is duly recorded in Deed Book 279, Page 557, on April 14, 1979, Whitley County Court Clerk’s Office.

3) Five acres sold to Artis Brass which is duly recorded in Deed Book 306, Page 319, on October 27, 1984, Whitley County Court Clerk’s Office.

4) Portion conveyed to Lloyd V. Johnston and wife, Bess Johnston, and Jean Helton, by Delema Taylor, a widow, by deed dated May 18, 1992, and recorded in Deed Book 356, Page 42, Whitley County Court Clerk’s Office. 

There is also conveyed by this deed all the grantor’s interest in that certain tract or parcel of land lying in Whitley County, Kentucky, conveyed to the grantor and grantee by deed from Raymond Mayne, an unremarried widower, dated October 17, 1996, recorded in Deed Book 389, Page 60, Whitley County Court Clerk’s Office, which property is more particularly described as follows:

BEGINNING on a hickory tree on the bank of Tidal Wave Road; thence with said county road 497 feet to a white oak on bank of same road; Oscar Foley’s corner; thence N 43 ¼ E with Foley’s line 52 poles to a white oak corner, the Jackson, Davis and Foley corner; thence with Harp line S 59 W 421 feet to a pine tree; thence southwest a straight line 613 feet to the BEGINNING CORNER.

To have and to hold together with all the appurtenances thereunto belonging unto the grantee, his heirs and assigns forever, with covenant of general warranty.

In testimony whereof, the grantor subscribed her name the day and year aforesaid.

DEED TWO

A certain tract or parcel of land lying in Whitley County, Kentucky, and being a part of the land conveyed to the first party, Delema Taylor, and Luster Taylor, her husband, now deceased, by Wesley Golden and wife, Joyce Golden, with rights of survivorship, by deed dated October 2, 1985, and of record in Deed Book 311, Page 279, Whitley County Court Clerk’s Office, and bounded and described as follows:

BEGINNING at a set stone in the north line of the county road leading to Rockhold, also center of a branch; thence with the middle of the branch when reduced to a straight line, N 34 E 91 feet; thence N 80 E 52 feet; thence N 45 E 196 – ½ feet; thence N 20 E 467.4 feet to a point where the branch forks; thence with the west fork of the branch N 25 W 122- ½ feet to a set stone; thence leaving the branch and with a private road, S 30 W 64 feet to a point; thence S 83 W 30 feet to a pine by the private road; thence leaving such road and with top of ridge, N 75 W 369 feet to a white oak; thence N 40 E 300 feet to a stake; thence N 22 E 145 – ½ feet to a stake; thence N 39 W 333 feet to a stake; thence N 22 E 300 feet to a stake; thence N 26 E 454 feet to a stake; thence N 50 E 103- ½ feet to a stake; thence N 31 E 241.3 feet to a stake; thence N 47 E 300 feet to a stake; thence N 31 E 125 feet to a stone and white oak on top of the ridge; and still with said ridge, S 51 E 421 feet to a stone; thence leaving top of ridge, S 15 E 274 feet to a stake; thence due South 246 feet to a stake; thence S 2 E 262 feet to a stake; thence S 25 E 223 feet to a stake; thence S 37 E 97 feet to a post oak; thence S 4 W 300 feet to a stone; thence S 25 W 360 feet to a stake; thence South 46 West 1354 feet to a stone in the north line of the county road to Rockhold; thence with such road, N 60 W 253 feet to the point of beginning.

THERE IS EXCEPTED FROM THE ABOVE AND FOREGOING PROPERTY, THE FOLLOWING:

1) One acre sold to Clifton Goins and wife, Lois Goins which is duly recorded in Deed Book 305, Page 657, on August 30, 1984, Whitley County Clerk’s Office.

2) One acre sold to Larry Bradly and wife, Susan Bradly which is duly recorded in Deed Book 279, Page 557, on April 14, 1979, Whitley County Court Clerk’s Office.

3) Five acres sold to Artis Brass which is duly recorded in Deed Book 306, Page 319, on October 27, 1984, Whitley County Court Clerk’s Office.

4) Portion conveyed to Lloyd V. Johnston and wife, Bess Johnston, and Jean Helton, by Delema Taylor, a widow, by deed dated May 18, 1992, and recorded in Deed Book 356, Page 42, Whitley County Court Clerk’s Office.

To have and to hold the same together with all the rights, privileges, buildings, improvements, hereditaments and appurtenances thereunto belonging unto the parties of the second part, for their joint lives with the remainder in fee simple to the survivor of them, his or her heirs and assigns forever.  And the said party of the first part hereby covenants with the said parties of the second part, that she will warrant the title to the property hereby conveyed unto the said parties of the second part and his or her heirs and assigns forever. 

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 (1/3) down with the balance in 30 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 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 18th day of June, 2010.

HOWARD O. MANN,  MASTER  COMMISSIONER

WHITLEY CIRCUIT COURT

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. 08-CI-923

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO LAUREL NATIONAL BANK, PLAINTIFF,

VS.

CHRISTINA YOUNG AND HER HUSBAND, BRIAN YOUNG; 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 10, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 12, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Christina Young and her husband Brian Young, plus costs, are as follows:

(1) The sum in the amount of $48,619.01 as of February 23, 2010, plus interest at the rate of 7.990% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

The property to be sold is as follows:

BEGINNING at a sycamore W.B. Siler, Jr., and Nan Perkins and Mack Siler corner; thence S. 86 ¾ E. 512.7 ft. to post at Meadow Creek at Tye’s Ferry Road; thence crossing road on same line to a stake on Cumberland River; thence up said river to Knox and Whitley Co., lines; thence with road and Co. line to the E. end of North Bank of pond corner of W.B. Siler, Jr., estate; thence N. 80 W 27 ½ poles to a stone on W. end and S. bank of pond; thence S. 80 W 68 poles and 10 feet to a sycamore to the BEGINNING.

Less and except the partial off-conveyance for a right of way to the Kentucky Department of Transportation dated January 29, 2008 and recorded in Deed Book 482, page 411 of the Whitley county Clerk’s office.

BEING PART OF THE SAME PROPERTY conveyed to Christina Young, single, by deed dated April 28, 2002, from Larry D. Harville and his wife, Brenda Harville, and recorded in Deed book 450, Page 374 of the Whitley County Court Clerk’s Office.

Mobile Home included with said property.

Said Property address is: 10589 Hwy. 779,  Rockholds,  KY 40759.

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 20% down with the balance in 25 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 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 18th day of June, 2010.

HOWARD O. MANN,  MASTER  COMMISSIONER

WHITLEY CIRCUIT COURT

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-100

FIRST STATE FINANCIAL, INC., PLAINTIFF,

VS.

CONTRACTING ASSISTANCE, INCORPORATED; ANGELIA CHAPPELL, a/k/a ANGELA CHAPPELL, a/k/a ANGELIA A. CHAPPELL; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVENUE, DIVISION OF COLLECTIONS; CONSOLIDATED PIPE & SUPPLY, INC.; JAMOS FUND 1, LP; US BANK – CUSTODIAN/SASS MUNI V DTR; WHITLEY COUNTY, KENTUCKY AND WILLIAMSBURG, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 27, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 12, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Contracting Assistance, Incorporated and Angelia Chappell, a/k/a Angela Chappell, a/k/a Angelia A. Chappell plus costs, are as follows:

(1) Count 1, the total sum of $77,126.38 as of January 13, 2010, plus interest thereon at the rate of 8.24% per annum until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full. 

(2) Count 2, the total sum of $234,180.14 as of January 13, 2010, plus interest thereon at the rate of 6% per annum until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

(3) Count 3, the total sum of $133,283.48  as of January 13, 2010 plus interest thereon at the rate of 8.79% per annum until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

The property to be sold is as follows:

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

TRACT I:

Said property being two lots, the numbers of which are 14 and 15 in Section A of Rains Subdivision of Williamsburg, Kentucky, and shown on Map Book 1, Page 214, Whitley County Court Clerk’s Office.

TRACT II:

BEGINNING at a stake in the west right of way line of U.S. Highway 25 W; thence S 66 ½ W passing along the east side of a family graveyard 606 feet to a stake in Everett Rains’ line; thence with it and fence when reduced to a straight line S 25 ½ W, 35 feet to a gum; thence S 54 ½ E, 102 feet to a stake; thence S 62 ½ E, 95 feet to a stake; thence N 81 E, 224 feet to a stake; thence N 57 E, 204 feet to the west line of State Highway 25 W, with west line of 25 W 186 feet to the BEGINNING.

TRACT III:

Said land being Lots No. 12 and 13 in Section A of the Rains Subdivision of Williamsburg, Kentucky, as shown on Map Book 1, Page 214, Whitley County Court Clerk’s Office.

Tract IV:

BEING Lots No. 4, 5, 6, 7, 8, 9, 10, and 11 in Section A of the Rains Subdivision of Williamsburg, Kentucky, as shown on Map Book 1, Page 214, Whitley County Court Clerk’s Office.

BEING THE SAME PROPERTY conveyed to Angelia Chappell, unmarried, by deed from Contracting Assistance, Inc., dated August 26, 2002 and recorded in Deed Book 438, Page 378-380, Whitley County Court Clerk’s Office.

Address: 2119 North Highway 25 W., Williamsburg, KY 40769.

THERE IS EXCEPTED FROM THE ABOVE DESCRIBED PROPERTY the following tract conveyed to Arie Croley and his wife, Penny Croley, by deed from Angelia Chappell, dated January 11, 2010, recorded in Deed Book 493, Page 789 of the Whitley County Court Clerk’s Office.

A certain tract of land in the community of Goldbug, Whitley County, Kentucky, on the waters of Watts Creek of Cumberland River and more particularly described as follows:

Unless stated otherwise, any monument referred to herein as a “Rebar and cap” is a set ½” diameter rebar, twenty-four inches (24”) in length, with yellow plastic cap stamped “BBA, PLS 3377”.  All bearings stated hereon are referred to the magnetic meridian as of June 16, 2009 taken near the westerly right of way of State Highway 25W.

BEGINNING at a 3” Steel I-Beam, said beam located 18.25’ northwest of the centerline of Factory Lane, corner to the parent tract of Angelia Chappell (Rains Subdivision, Lots 4 thru 15 in Section A, Map Book 1, Page 214, DB 438, PG 378), and Cathy Tackett (Rains Subdivision, Lots 16 thru 25 and part of Lot 26 in Section A, Map Book 1, Page 214, DB 365, PG 492), THENCE leaving said street and running with said Tackett tract N 14° 58’ 05” W, passing the corner post to a chain link fence at 1.85’ and continuing with said fence 337.87’ for a total distance of 339.72’ to a Chain Link Fence Corner Post, bearing N 14° 58’ 05” W. 10.43’ to a 2” Iron Pipe (Found); THENCE leaving said Tackett tract and severing said parent tract running with said chain link fence the following calls: N 56° 40’ 26” E. 264.01’ to a Chain Link Fence Corner Post; and S 13° 17’ 42” E, passing the corner post to said chain link fence at 321.62’ and continuing for 0.80’ for a total distance of 322.42’ to a ½” Rebar and cap, said rebar located 20.00’ northwest of the centerline of said street; THENCE running with said right of way along said chain link fence S 62° 32’ 05” W. 257.90’ to the POINT OF BEGINNING containing a calculated area of 1.944 acres as per a boundary survey by Bobby B. Anderson, PLS #3377, with Appalachian Technical Services, Inc. on June 14, 2009, and being a part of the same property conveyed to Angelia Chappell by Contracting Assistance, Inc. by deed dated August 26, 2002 and recorded in Deed Book 438, Page 378 in the records of Whitley County, Kentucky.

Said conveyance to Arie Croley and his wife, Penny Croley, was in satisfaction of the Land Contract recorded in Miscellaneous Book 136, Page 198 of the Whitley County Court Clerk’s Office.

BEING LOTS NO. 1, 2, 4, 5 and 6 of the Kingsview Subdivision, the metes and bounds of which are shown on plat of same, duly recorded in Whitley County Court Clerk’s Office in Map Book 4, Page 316 and located in the Whitley County Court Clerk’s Office in Cabinet 2, Slide 462.

BEING THE SAME PROPERTY conveyed to Angelia A. Chappell, by deed from Angelia A. Chappell, dated August 30, 2006, recorded in Deed Book 471, page 664 of the Whitley County Court Clerk’s Office.

Address: 64 AUTUMN LANE, WILLIAMSBURG, KY 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 with the balance in 30 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 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 18th day of June, 2010.

HOWARD O. MANN,  MASTER  COMMISSIONER

WHITLEY CIRCUIT COURT

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. 09-CI-00578

COMMUNITY TRUST BANK, INC., PLAINTIFF,

VS.

TONYA WILSON, WILLIAM WILSON, CHARLES HURT, NORMA HURT, COMMONWEALTH OF KENTUCKY, COMMONWEALTH OF KENTUCKY EDUCATIONAL CABINET EX REL DIVISION OF UNEMPLOYMENT INSURANCE WHITLEY COUNTY, KENTUCKY, WILLIAMSBURG INDEPENDENT CITY SCHOOL, AND CITY OF WILLIAMSBURG,      DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 10, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 12, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Tonya Wilson, William Wilson, Charles Hurt, Norma Hurt, Commonwealth of Kentucky, Commonwealth of Kentucky Educational Cabinet Ex Rel Division of Unemployment Insurance, Whitley County, Kentucky, Williamsburg Independent City School, and City of Williamsburg, plus costs, are as follows:

(1) The principal sum in the amount of $61,450.64, plus unpaid interest of $2,610.17, plus late charges in the amount of $413.37, plus other fees in the amount of $1,260.25 for a total payoff of $65,734.43, plus interest accruing daily at $11.4219950 (as of July 14, 2009).

The property to be sold is as follows:

Beginning at a 1/2” x 18” iron rebar with plastic cap stamped 1971 set in the intersection of the rights-of-way of the old Bon Jellico Railroad (now abandoned and a paved driveway) and US 25W, which point is S 19° 02’ 35” W, 629.64 feet from the centerline intersections of the parent tract; thence with the right-of-way of the old Bon Jellico Railroad, N 56° 13’ 46” E, 102.15 feet to a 1/2” x 18” steel rebar with plastic cap stamped 1971 set near a drain; thence leaving the said right-of-way S 35° 47’ 59” E, 113.28 feet to a 1/2” x 18” steel rebar with plastic cap stamped 1971 set this survey; thence S 57° 29’ 23” W, 207.46 feet to a 1/2” x 18” steel rebar with plastic cap stamped 1971 set in the right-of-way of US 25W; thence with the right-of-way of US 25W N 9° 12’ 37” E, 148.51 feet to the point of Beginning. Based on an on the ground survey performed by Claude Cox, KRLS #1971, 6711 at Highway 904, Williamsburg, Kentucky, 40769 (Phone 606-549-5657), on May 31 and June 1, 1999.

Being all of the same land conveyed to Tonya Wilson by deed from Charles Hurt and wife, Norma Hurt, dated July 31, 2006 and recorded in Deed Book 472, Page 241, in the Whitely County Court Clerk’s.

ALSO

This loan is further secured by a 2000 Mansion Mobile Home, Vin # MO323312

All day care equipment; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).

Said property address is: 1476 South Highway 25W 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 one-third (1/3) down with the balance in 30 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 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 18th day of June, 2010.

HOWARD O. MANN,  MASTER  COMMISSIONER

WHITLEY CIRCUIT COURT

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. 09-CI-00587

BAC HOME LOANS SERVICING, L.P. f/k/a COUNTRYWIDE HOME LOANS SERVICING, L.P., PLAINTIFF,

VS.

RONDALL WAYNE ALLEN, DEBRA ALLEN, UNITED STATES OF AMERICA, CAPITAL ONE BANK (USA), N.A., UNKNOWN DEFENDANT, SPOUSE OF KARON CLARK ON JANUARY 16,1998, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 4, 2010, and subsequent Order entered June 7, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 12, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Rondall Wayne Allen and Debra Allen, plus costs, are as follows:

(1) The principal sum in the amount of $55,793.14, plus interest at the rate of 7.6250 per annum from 12/01/08, in the amount of $3,342.20, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $739.93, plus late charges in the amount of $146.77, plus attorney fees (KRS 411.195) in the amount of $1,100.00 for a total in the amount of $61,122.04.

The property to be sold is as follows:

LYING AND BEING IN WHITLEY COUNTY, KENTUCKY, AND DESCRIBED AS FOLLOWS:

Revised Lot no. 219 of Tattersall Trails Estates in Corbin, Whitley County, Kentucky, comprised of a portion of Lot Nos. 218 and 220 as recorded in map Book 3, Page 43, Whitley County Court Clerk’s Office, and as shown on amended plat which has been duly recorded at Map Book 4, Page 76, Whitley County Clerk’s office, and being more particularly described as follows:

Beginning at a pipe in the west line of Forego Trail, said Forego Trail revised to be 40 in width, 40’ westwardly from and parallel to the east line of said Forego Trail, and also being the southeast corner of Lot #220, (as now established); thence S. 7 deg. 45’ W. along the west line of Forego Trail-120.00’ to a pipe, the northeast corner of Lot #218 (as now established); thence N. 81 deg. 21’ W. across Lot #218-220.05’ to a pipe at the northwest corner of Lot #218 (as now established), and in the east line of Tunney Hamlin “Lake” property; thence N. 7 deg. 57’ E. along the east line of said Lake property–109.20’ to a pipe, the southwest corner of Lot #220 (as established) thence S. 84 deg. 11’ E. along the south line of Lot #220 (as now established) – 220.17’ to the beginning. 

The foregoing property is subject to protective and restrictive covenants as set forth in Miscellaneous Book 30, Pages 10-14, Whitley County Court Clerk’s office.

Being the same property conveyed to Rondall Wayne Allen and Debra Allen, husband and wife, by Deed dated August 12, 1998, recorded on August 14, 1998 in Deed Book 402, Page 361 of the Clerk’s Records in Whitley County, Kentucky.

Said property address is:  311 Forego Trail, Corbin, Kentucky 40701.

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 (1/3) of the purchase price down with the balance in 30 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 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 21st day of June, 2010.

HOWARD O. MANN,  MASTER  COMMISSIONER

WHITLEY CIRCUIT COURT

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. 08-CI-00756

BAYVIEW LOAN SERVICING, LLC, PLAINTIFF,

VS.

TERESA LOVITT, NATIONAL CITY MORTGAGE CO., DONALD RILEY, GERALDINE RILEY, COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.

   NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on May 7, 2010, and subsequent Order entered April 5, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, July 12, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Teresa Lovitt, plus costs, are as follows:

(1) The principal sum in the amount of $85,377.62, together with accrued interest thereon at the rate of 5.00000% per annum from January 26, 2008, until the amount has been paid in full.

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

BEGINNING at the east end of a culvert under Highway 26, near Faber Underpass; thence with the L & N RR right of way N 17 E 11 poles to a cherry tree; thence still with right of way line N 32 ½ E 5 poles to a set stone; thence leaving the right of way line N 84 ¾ E 33 ½ poles to a set stone on west side of old county road; thence with said road S 1 ½ E 12 poles; thence S 10 E 9 poles, S 16 W 5 poles; thence leaving the county road near John Egner line N 85 W 22 ¾ poles to a stone; thence N 71 W 17 2/3 poles to the BEGINNING excepting a roadway 15 feet wide from the E.L. Williams property to Highway 26, said roadway to be at or near the west side of the property described herein.  (Containing 5 acres, less exceptions).

EXCEPTION: There is excepted from the above and not conveyed herein that portion conveyed to Roscoe Gambrell, et al., to Valentine Salazar and wife, Roberta Salazar, by deed dated June 19, 1979 and recorded in Deed Book 280, at page 103, Whitley County Court Clerk’s Office, and bounded and described as follows:

BEGINNING at road at Reeves line and with road North 170 feet to utility pole and stone; thence West 250 feet to a stone; thence South 155 feet to Reeves line; thence 250 feet East with Reeves line to the road, the BEGINNING.

There is also excepted from this property the parcel immediately behind the Salazar property extending from that lot to the back of the creek.

EXCEPTION: There is excepted from the above and not conveyed herein that porting conveyed by Nora Osborne, a widow, to Billie Osborne, a married person, by deed dated July 30, 1985 and recorded in Deed Book 310, at page 90, Whitley County Court Clerk’s Office, and bounded and described as follows:

BEGINNING at the east end of a culvert under Highway 26, near Faber underpass; thence with the L & N RR right of way Northeast 278 feet to a set stone; thence laving the right of way line Northeast 250 feet to a creek; thence running with said creek Southeast 315 feet to a set stone; thence Northwest 275 feet to the point of BEGINNING.

BEING ALL OF THE SAME PROPERTY conveyed to Donald Riley and Geraldine Riley, husband and wife, by deed of conveyance from Isom Junior Skidmore, single, dated December 20, 1995 and recorded December 22, 1995 in Deed Book 382, at page 653, Whitley County Court Clerk’s Office in Williamsburg, Kentucky.

BEING FURTHER ALL OF THE SAME PROPERTY CONVEYED TO Leland Von Syring DBA Charter Financial, dated October 27, 2006 and recorded on November 16, 2006 in Deed Book 473, at page 379, Whitley County Court Clerk’s Office in Williamsburg, Kentucky.

BEING FURTHER ALL OF THE SAME PROPERTY conveyed to Bayview Financial Property Trust, dated November 09, 2006 and recorded on November 16, 2006 in Deed Book 473, at page 399, Whitley County Court Clerk’s Office in Williamsburg, Kentucky

Also conveyed herein is a 28 x 48 mobile home.

Also included is a 1987 Redman 28’ x 52’ Mobile Home, Serial No. 11516664AB.

Said property address is: 1051 Old Corbin Road, Corbin, Kentucky 40701.

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 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 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 21st day of June, 2010.

HOWARD O. MANN,  MASTER  COMMISSIONER

WHITLEY CIRCUIT COURT

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-00177

FIRST STATE FINANCIAL, INC., PLAINTIFF,

VS.

VINCENT M. LAWSON, A/K/A VINCENT

MONROE LAWSON, WHITLEY COUNTY, KENTUCKY AND WILLIAMSBURG, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on May 3, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, July 12, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Vincent M. Lawson, a/k/a Vincent Monroe Lawson, plus costs, are as follows:

(1) The principle sum in the amount of $22,945.64 as of March 1, 2010 plus interest thereon at the rate of 7.888% per annum until date of judgment and thereafter at the judgment rate of 12% per annum until paid in full.

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

TRACT 1:

Two town lots in Williamsburg, the same being Lots 24 and 25 in Block D in Circle Park, Addition to the City of Williamsburg, Kentucky, which map is of record in Map Book 1, Page 16, Whitley County Court Clerk’s Office.  Said Lots being 25 feet wide and 120 feet long, that is each is 25 feet wide and 120 feet long.

BEING the same property conveyed to Vincent Monroe Lawson by deed from Verlin Lawson and his wife, Euna Jean Lawson, dated July 16, 1990, of record in Deed Book No. 342, Page 234, Whitley County Court Clerk’s Office.

Said property address is: 108 Circle Avenue, 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 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 30 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 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 21st day of June, 2010.

HOWARD O. MANN,  MASTER  COMMISSIONER

WHITLEY CIRCUIT COURT

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. 09-CI-00750

CHASE HOME FINANCE LLC, PLAINTIFF,

VS.

LARRY J. BROUGHTON, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on December 7, 2009, and subsequent Order entered May 3, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 12, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Larry J. Broughton, plus costs, are as follows:

(1) The principal sum in the amount of $76,213.81, plus interest from 05/1/09 in the amount of $2,670.86, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,222.22, plus attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $81,206.89.

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

BEGINNING at an iron pin at the right of way line of Corn Creek Road and right of way lane to Arvis Lawson property; thence with lane and Lawson line S 59º 00’ W 336’ to an iron pin in fence corner common to Lawson and Barton; thence with fence and Lawson line N 69º 00’ W 118’ to a post in fence corner common to Barton and Woodbine Volunteer Fire Department; thence a line common to Woodbine Volunteer Fire Department and Barton N 54º 21’ E 410’ to a post in the right of way line of the Corn Creek Road; thence with the right of way line of the Corn Creek Road S 31º 45’ E 126’ to the beginning corner containing 1.0 acres more or less.  Description from survey by Mark Sweet, R.L.S. 2806.

Being the same property conveyed to Larry J. Broughton from Martha Lynn Logan, single, on November 16, 2006 and recorded on December 1, 2006 in Deed Book 473, Page 566 of the records of the Whitley County Clerk’s Office.

Said property address is: 99 South Highway 1064 Woodbine, Kentucky 40771.

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 (1/3) of the purchase price down with the balance in 30 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 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 21st day of June, 2010.

HOWARD O. MANN,  MASTER  COMMISSIONER

WHITLEY CIRCUIT COURT

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. 09-CI-00776

BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING, L.P., PLAINTIFF,

VS.

ROBERT WILBE LEACH, SHERRY LEACH, UNKNOWN DEFENDANT, SPOUSE OF ROBERT WILBE LEACH, UNKNOWN DEFENDANT, SPOUSE OF MICHELLE LYNN LEACH ON DECEMBER 9, 1999, TERRY MOSES, UNKNOWN OCCUPANT, MIDLAND FUNDING, LLC, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on May 3, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, July 12, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Robert Wilbe Leach and Sherry Leach , plus costs, are as follows:

(1) The principle sum in the amount of $35,677.63, plus interest from 07/24/08, in the amount of $4,608.28, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $809.56, plus late charges in the amount of $40.42, plus Attorney fees in the amount of $1,100.00 for a total of $42,235.89.

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

Beginning on a set stone in the edge of right of way of the Peter Branch Road where the roadway leading to the Otis Caddell property intersects same and running with the southern edge of said Caddell Road in a northerly and easterly direction to a set stone in the corner common to Caddell and Bryant Davenport (recently acquired by previous parties); thence running with the Davenport line in a southerly direction to a set stone in the edge of the Peter Branch Road; thence running with the edge of said road in a westerly direction to the beginning.

EXCEPTION:

There is excepted from the above description a parcel (0.16 acre more or less), conveyed from Geneva Caddell, single, and Lucille Caddell, single, to Henry Caddell and wife, Dora Caddell, by deed dated August 2, 1983, recorded in Deed Book 300, Page 429, and reference is made to that deed for description the same as if copied in full herein.

BEING THE SAME PROPERTY CONVEYED TO ROBERT W. LEACH AND WIFE, MICHELLE L. LEACH, FROM ADIE PATTERSON, SINGLE, BY DEED DATED JULY 5, 1994 AND RECORDED ON JULY 8, 1994 IN BOOK 372, PAGE 555, OFFICE OF THE WHITLEY COUNTY COURT CLERK.

Said property address is: 528 Feather 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 one-third (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 30 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 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 21st day of June, 2010.

HOWARD O. MANN,  MASTER  COMMISSIONER

WHITLEY CIRCUIT COURT

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. 08-CI-00610

DARRELL CARPENTER, PLAINTIFF,

VS.              

JOHN S. MRAZ AND WIFE, ROSA M. MRAZ; 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 March 2, 2010, and subsequent Order on November 3, 2008, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 12, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, John S. Mraz and Rosa M. Mraz, plus costs, are as follows:

(1) The sum of $42,690.59, plus interest at the rate of 12% per annum until property is sold, plus costs incurred and a reasonable attorney’s fee.

The property to be sold is as follows:

BEGINNING on a stone on South side of a drain at HW 25W running East 221 2 ft. to Walter Huddleston line; thence with a wire fence 269 2 S & W to a stone in Wm. Huddleston line; thence W 121 ft. to a stone at old Hwy. 25W; thence N 316 feet with said Hwy. to the point of BEGINNING.

BEING THE SAME LAND acquired by John S. Mraz and wife, Rosa M. Mraz, by deed from Charlene Walden and husband, Jerome Walden, dated May 29, 2002, and recorded in Deed Book 438, Page 18-26, in the Whitley County Court Clerk’s Office.

Said property address is: 7520 Mtn. Ash Pike, 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 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 30 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 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 21st day of June, 2010.

HOWARD O. MANN,  MASTER  COMMISSIONER

WHITLEY CIRCUIT COURT

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