Legal Notices for 7/1/15

 

 

 NOTICE OF BOND RELEASE

Permit #918-0447

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

The bonds now in effect are as follows:

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

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

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

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

 

NOTICE OF BOND RELEASE

#918-0435

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

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

The bonds now in effect are as follows:

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

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

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

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

 

NOTICE OF BOND RELEASE

Permit #918-0413

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

The bonds now in effect are as follows:

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

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

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

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

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-5170, Renewal

In accordance with KRS 350.055, notice is hereby given that Southfork Coal Co., 2700 Lee Highway Suite B, Bristol, VA.  24202, has applied for renewal of a permit for an existing underground coal mining operation located 2.8 miles east of Hollyhill in McCreary/Whitley counties Kentucky. The operation disturbs 2.91 surface acres and underlies 171.60 acres for a total of 174.51 acres within the permit boundary.

The operation lies on Buck’s Branch approximately 2.1 miles southwest of State Rt. 92 intersection with State Rt. 1898 and 1.7 miles west of the confluence of Buck’s Branch and Jellico Creek. The Latitude is 36 degrees, 39 minutes, and 32 seconds, and the Longitude is 84 degrees, 17 minutes, and 37 seconds.

The operation is located on the Hollyhill USGS 7 1/2 Minute Quadrangle Map. The land overlying underground operations areas are owned and by Harold Campbell, Jr., Glenda Joyce Campbell, Donnie Patrick, Donnie Bruce Patrick, and Ronnie Patrick. The disturbed surface is owned by Harold Campbell, Jr. and Glenda Joyce Campbell.

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

NOTICE TO MICHELLE BALL & SENIA LAWSON

To the above individuals, I have been appointed Warning Order Attorney to notify you of Civil Action No. 15-CI-00060. You have fifty days from June 3, 2015 to file an answer or other pleadings in this case, or judgment may be taken against you.

DAVID O. SMITH, ATTORNEY AT LAW

PO BOX 699, CORBIN, KY 40702; 606-528-5001

 

NOTICE

To the Unknown Heirs and Next of Kin of Gary Lee Veach, Deceased.  On May 27, 2015, Sandra J. Reeves, Esq., an attorney licensed to practice law in the Commonwealth of Kentucky was appointed by the Whitley Circuit Court, Division II, in the matter of Edward Ray Angel, and wife, Joan Prewitt Angel, Plaintiffs vs. Estate of Gary Lee Veach Deceased, as Warning Order Attorney for the purpose of locating and serve the unknown heirs and next of kin of Gary Lee Veach with summons and complaint of the instant action. All heirs and next of kin of Gary Lee Veach, Deceased, and others who believe they may have a financial interest in the Estate of Gary Lee Veach, Deceased, who have not previously been served with notice of the instant action should contact Sandra J. Reeves, Attorney-At-Law, by phone at (606) 528-4376, personally, at 107 South Kentucky Avenue, Corbin, Kentucky, or in writing addressed to Sandra J. Reeves, P.O. Box 1341, Corbin, Kentucky 40702.

 

 

 

 

NOTICE

Time Warner Cable’s agreements with programmers and broadcasters to carry their services and stations routinely expire from time to time.  We are usually able to obtain renewals or extensions of such agreements, but in order to comply with applicable regulations, we must inform you when an agreement is about to expire.  The following agreements are due to expire soon, and we may be required to cease carriage of one or more of these services or stations in the near future: WLEX (SD & HD), Youtoo, Outdoor Channel (SD & HD), RFD, WPSD D2 Antenna TV, Pivot, Boomerang, Cartoon Network, CNN, CNN Espanol, HLN, TBS (SD & HD), TCM9 TNT (SD & HD), truTV, HBO (SD & HD), HBO West, HBO2 (East & West), HBO Comedy, HBO Family (East & West), HBO Latino, HBO Signature (East & West), HBO Zone, HBO On Demand, Cinemax (SD & HD), Cinemax West, 5StarMax, ActionMAX (East & West), Max Latino, MoreMAX (East & West), MovieMAX, OuterMAX, ThrillerMAX, Cinemax On Demand, NBC Sports Network (SD & HD).

In addition, from time to time we make certain changes in the services that we offer in order to better serve our customers. The following changes are planned: None at this time.

Programming is subject to change. Not all services available in all areas. Restrictions may apply.  For up-to-date listings of our packages and channels, visit our website at www.timewarnercable.com.

 

NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Fraziernantz, LLC., 541 Blakes Fork Rd., Williamsburg, Ky. 40769 has applied for a Phase 2&3 Bond Release on Permit Number 918-0432 which was last issued on June 11, 2012. The application covers an area of approximately 26.07 acres located 1.0 miles Southwest of Yaden in Whitley County.

The proposed operation is approximately 1.0 mile southwest from KY 904’s junction with Dal Road and located 0.1 mile west of the Cumberland River. The Latitude is 36-43-23 and the Longitude is 84-06-20.

The bond now in effect for increments 1,2,3 and is a total of $42,500 which is a Letter of Credit bond. Approximately 34.6% of the original bond amount of $122,600.00 is included in the application for reIease.

Reclamation work performed includes: Backfilling, grading, fertilizing, seeding, and mulching was completed in October of 2012.

Written comments, objections, and requests for a public hearing or informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, Kentucky 40601, by August 14, 2015 @ 11:00 am.

A public hearing on the application has been scheduled for August 17, 2015 @ 11:00 am at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, Regional State Office Building, 1804 E Cumberland, Middlesboro, KY 40906. The hearing will  canceled if no request for a hearing or informal conference is received by August 14, 2015 11:00 A.M.

 

NOTICE:

El Dorado II, LLC, mailing address 111 Cemetery Road, Apt. 2, Williamsburg, KY 40769 hereby declares intention(s) to apply for a Limited Restaurant License/Special Sunday Retail Drink License(s) no later than July 15, 2015. The business to be licensed will be located at 100 W Highway 92, Williamsburg, Kentucky 40769 doing business as El Dorado Mexican Restaurant.

The organizer/member is as follows:  Organizer/Member, Talina Garcia of 111 Cemetery Road, Apt. 2, Williamsburg, KY 40769.

Any person, association, corporation or body politic may protest the granting of the license(s) by writing the Dept. of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, KY 40601-8400, within 30 days of the date of this legal publication.    

 

BID NOTICE

Whitley County Water District will be accepting sealed bids for a 1998 Dodge Ram 2500 3/4 ton 2-wheel drive truck until 4:00 p.m. on July 20th, 2015. Please bring your sealed bids to our office at 19 South Highway 25W, Williamsburg, KY 40769 during regular business hours.

ANDREW MEADORS, WCWD CHAIRMAN

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 15-CI-00079

Wells Fargo Bank N.A., as Trustee for Lehman Mortgage Trust Mortgage Pass-Through Certificates, Series 2007-5, Plaintiff, VS. Aley Marcum; CitiFinancial Servicing LLC, FKA CitiFinancial Services, Inc.; Capital One Bank (USA), N.A., FKA Capital One Bank; 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 18, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on July 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Aley Marcum, plus costs, is as follows:

(1) The principal sum in the amount of $54,081.79, with interest on the principal sum at the rate of 8.35% per annum from May 15, 2014, until paid; plus costs and fees herein; plus reimbursement for attorney’s fees; plus any sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, or other advances made pursuant to the terms of the Note and Mortgage.

(2) There is a manufactured home located on the Real Property, Hort 24×52 manufactured home, VIN#H86663GLR.  The manufactured home was converted to real estate and shall be included with the real property.

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

Commonly known as: 303 Davenport Lane, Williamsburg, KY 40769

Parcel No.: 072-00-00-024.11

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

Being Lot #11 of the Davenport Estates as shown in map Book #4, page 137, Slide 333, Whitley County Court Clerk’s Office, and reference is made to the Map Book 4, page 137 for description the same as if copied in full herein.

Being the same property conveyed to Aley Marcum, no marital status shown, by virtue of a deed from James E. Davenport and wife, Sandy Davenport, dated February 27, 1997, filed July 28, 1997, recorded in Deed Book D391, Page 83, County Clerk’s Office, Whitley County, Kentucky.

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

TERMS OF SALE

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

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

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 30th day of June, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 14-CI-00264

FEDERAL NATIONAL MORTGAGE ASSOCIATION AKA FANNIE MAE AKA FNMA ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA,   PLAINTIFF VS. JAMES R. LACEFIELD, PAULA LACEFIELD AKA PAULA P. LACEFIELD, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 27, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem judgment against the Defendants, James R. Lacefield AND Paula Lacefield aka Paula P. Lacefield, plus costs, is as follows:

(1) The sum in the amount of $119,419.04, together with interest at a rate of 5.12500%, from 11/14/2014, until paid, plus additional fees, costs and expenses incurred.

The property concerned herewith is situated in Whitley County, Kentucky, with an address of 161 Trails End, Corbin, Kentucky 40701, (with a Tax ID Number: 084-40-01-055.00), and is more particularly described as follows:

Being Lot No. 343 of the Tattersall Trials Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 51, Whitley County Court Clerk`s Office and to which map or plat reference is hereby made for a more full and complete description of said lot.

Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence.

Being the same property conveyed from James A. Lacefield and wife, Tammy J. Lacefield, to James R. Lacefield and wife, Paula P. Lacefield, with right of survivorship, by virtue of a deed dated 07/21/2008 and recorded on 07/22/2008 at Deed Book 484, Page 751 of the Whitley County, Kentucky real estate records.

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% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 30th day of June, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 15-CI-012

JPMorgan Chase Bank, National Association, Plaintiff, VS. Jonathan Patterson a/k/a Jonathan Fred Patterson, Mindy Patterson, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 4, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Jonathan Patterson a/k/a Jonathan Fred Patterson and Mindy Patterson, plus costs, is as follows:

(1) The principal sum in the amount of $83,865.32, plus interest from 07/1/14 through 01/31/15 at 5.500% in the amount of $2,690.66, plus pre-acceleration late charges in the amount of $82.48, plus escrow in the amount of $55.02, plus property inspection in the amount of $56.00, for a total in the amount of $86,749.48 together with interest at the rate of 5.5000 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,700.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address:  164 Dantley Drive, Corbin, KY 40701

PIDN:

119-30-06-017.00

Being real property located in Whitley County, Commonwealth of Kentucky, and more particularly bounded and described as follows, to-wit:

Being Lot No. B-1, in Woodlawn Estates of Corbin, Whitley County, Kentucky, a map or plat of which is recorded in Map Book 2, Page 4, Whitley County Court Clerk’s Office, to which referenced is now made for complete description.

Being the same property conveyed to Jonathan Fred Patterson, a married man, from Huddleston Homes, Inc. by Shawn D. Huddleston, President, by deed dated July 27, 2009 and recorded July 29, 2009, in Deed Book 491, Page 293, of the records of the Whitley County Clerk’s Office, 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 one-third down (1/3) of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 30th day of June, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION II

CIVIL ACTION NO. 12CI-00509

FORCHT BANK, NA, PLAINTIFF VS: SCOTTY POWERS, a/k/a SCOTTY D. POWERS, single; US BANK CUSTODIAN/SASS MUNI V DTR; LIENS SOLUTIONS, LLC; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS

LIEN SOLUTIONS, LLC, CROSS-PLAINTIFF VS: SCOTTY POWERS, a/k/a SCOTTY D. POWERS, single; US BANK CUSTODIAN/SASS MUNI V DTR; 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 November 21, 2013, and a subsequent Order entered of record June 15, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Scotty Powers, a/k/a Scotty D. Powers, plus costs, is as follows:

(1) The sum in the amount of $38,392.77 as of November 11, 2013, plus interest thereon at the rate of 8.5% per annum ($8.882860 per day) until the date of Judgment and thereafter interest 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:

Current Property Address: 4710 Louden Road, Williamsburg, KY 40769.

A certain tract or parcel of land lying in Whitley County, Kentucky, on Big Patterson Creek, and which is bounded and described as follows:

BEGINNING at an oak tree on the ridge, now to be a corner common between Quincy Powers and Tony Powers, and thence S 52 E to a stake and stone at the lower side of a tram road and thence with it S 14 E 113.85 feet; thence S 49.15 W 82.5 feet; thence S 52 W 87.95 feet to a stone; thence S 23.30 W 146.85 feet; thence S. 63.15 W 152.46 feet to an iron pin, a corner or Lot No. 8 and leaving tram road in a northwest direction 543 feet to an iron stake, now to be a corner common Quincy Powers and Tony Powers; thence northwesterdly 350 feet to the BEGINNING.

Also conveyed herein as a right of way 15 feet wide iron this property over and on the property of Quincy Powers, previous grantor herein, as it no exists to the County Road.

RESERVATION: Grantors herein, Tony Powers and Rita Powers, hereby reserve unto themselves a life estate for the use and benefit of the property herein conveyed during their lifetimes, including the right to live on same until the death of the survivor of them.

BEING THE SAME PROPERTY acquired by Scotty Powers, single, by deed from Anthony Powers and his wife, Rebecca Powers and Vernon Payne and his wife, Rita Payne, f/k/a Rita Powers, dated August 1, 2007, recorded in Deed Book 478, Page 605 of the Whitley County Court Clerk’s Office.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Cross-Plaintiff or its representative is the purchaser, they shall only be required to pay costs and expenses of the sale and no down payment shall be required and no bond shall be executed by them and shall be entitled to take credit against the purchase price to the full extent of Cross-Plaintiff’s lien and costs and expenses, including attorney’s fees awarded herein, should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Cross- Plaintiff shall be entitled to take a credit against the purchase price in the amount of Cross-Plaintiff’s pro rata  share of the sale proceeds.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 30th day of June, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 13-CI-00094

FIRST STATE FINANCIAL, INC, PLAINTIFF, VS. PREMIER CONTRACTING, LLC,  A Kentucky Limited Liability Company; KENNETH R. ANDERSON and  LINDA ANDERSON, His Wife;  UNITED STATES OF AMERICA,  By and Through the Internal Revenue Service;  COMMONWEALTH OF KENTTUCKY,  By and Through the Department of Revenue  and Division of Unemployment Insurance; THE PEOPLES BANK, A Virginia Bank Corporation;  WHITLEY COUNTY, KENTUCKY;  AMERICAN TAX HELP SERVICE CO., LLC; and MID SOUTH CAPITAL PARTNERS, LP, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 13, 2014 and a subsequent Agreed Orders entered October 17, 2014 and April 9, 2015 along with a subsequent Order entered May 29, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 20, 2015, at 12:00 p.m., or thereabout, the real property and other items such as equipment and vehicle(s) described in this Notice.

The judgment against the Defendant, Premier Contracting, LLC, A Kentucky Limited Liability Company, plus costs, is as follows:

(1) The sum in the amount of $1,195,226.20, as of June 30, 2013 on Note”1” together with interest accruing thereon at the rate of $153.10 per day from June 30, 2013, until date of judgment for a total judgment amount of $1,223,396.60 as of December 31, 2013.  The judgment amount shall bear interest at 12% per annum from the date of judgment until paid in full.

(2) The sum in the amount of $268,206.08 as of June 30, 2013 on Note “2” together with interest accruing thereon at the rate of $40.29 per day from June 30, 2013 until date of judgment for a total judgment amount of $275,619.44 as of December 31, 2013.  The judgment amount shall bear interest at the legal rate of 12% per annum from the date of judgment until paid in full.

(3)  The sum in the amount of $5,498.76 for costs and attorney fees incurred.

(4) All disputes regarding the Triaxle Ford Truck, VIN No. 1FDYU8AOJVA53454 have been resolved and therefore will be excluded from the sale.

(5) Pursuant to the Agreed Order entered April 9, 2015, the real estate collateral will be first offered for sale by individual tracts and then secondly as a collective whole with the successful bid being the greater of the total amount of bid prices for the individual tracts of land compared to the highest bid for the collective whole of the collateral real estate. 

(6) The equipment and vehicle will be first offered for sale by individual units and then secondly as a collective whole with the successful bid being the greater of the total amount of bid prices for the individual units compared to the highest bid for the collective whole of the collateral equipment and vehicles.

The real property concerned herewith is situated in Whitley County, Kentucky, and is more particularly described as follows:

Physical Address of the Collateral Real Estate (Deed Book 493/733) 2394 North Highway 25 W, Williamsburg, Kentucky  40769

Being the same property conveyed to Premier Contracting, LLC by deed from Anderson Contracting, Inc., dated December 28, 2009, and recorded in Deed Book 493, pages 733-736 of the Whitley County Court Clerk’s Office.

BEGINNING at an steel pin found in the East side of a 30’ right of way and a corner to the V.F.W. Post 3167 and Daugherty Petroleum; thence with the line of said V.F.W. property S 21-21 E 359.79’ to an existing fence post in the Minnie Murphy line; thence with her line and fence N 56-41 E 178.65’ to a ½” steel pipe a new corner to Daugherty Petroleum; thence severing said Daugherty a new line N 25-15 W 345.39’ to a railroad spike set on the East side of a 30’ R.O.W;  thence with said right of way S 60-27 W 152.82’ to the BEGINNING.  Containing 1.32 acres more or less.

“The grantors shall have access and use of the existing road and shall have the right to run gas and water lines across the road.”  (This was retained by prior grantor).  

BEING THE SAME PROPERTY conveyed to Grantor by deed from Daugherty Petroleum, Inc., dated September 27, 1996, recorded in recorded in Deed Book 388, Page 323 of the Whitley County Court Clerk’s Office.

Physical Address of the Collateral Real Estate (Deed Book 493/728)

200 Bunker Hill Road, Williamsburg, Kentucky 40769-9410 

Being the same property conveyed to Premier Contracting, LLC by deed from Kenneth R. Anderson, a/k/a Kenneth Anderson and his wife, Linda Carol Anderson, a/k/a Linda Anderson dated December 28, 2009, and recorded in Deed Book 493, pages 728-732 of the Whitley County Court Clerk’s Office.

TRACT NO. 1:

BEGINNING on a sweet gum tree, a corner of Lawson’s and  Bryant’s line; thence running East to a stake; thence North 13 poles to a stake; thence North 12 poles to the county road to THE POINT OF BEGINNING; containing 17 ½ acres, more or less.  Note:  A prior deed lists this tract as containing one acre, more or less, but the tract is estimated to contain 17 ½ acres, more or less, as shown in Deed Book 282, page 501, Whitley County Court Clerk’s Office.

TRACT NO. 2:

BEGINNING on a corner of J.F. Lawson and Laura Reeves’s line; thence Eastward to a stone below the old coal road; thence with the Bryant and J.F. Lawson line to the Bryant and Lawson corner, a white oak; thence with the old Joel Bryant line a Northeast direction to a black oak corner; thence a North direction to a white oak corner; thence a West direction around the side of the hill to a pine corner; thence a Northwest direction to a sarvis tree corner; thence a Southwest direction to a black oak; thence down the hill to a stone at the county road; thence South with the road to the James Fox corner; thence with the James Fox line to the Laura Reeves’s line; thence with the Laura Reeves’s line in an Eastern direction to THE POINT OF THE BEGINNING; containing seven acres, more or less.

TRACT NO. 3.A.:  

BEGINNING on a black oak, Sarah Lawson and General Terry corner; thence West with Smith line to a beech corner between Sarah Lawson and General Terry, turning to the right to a branch, up the branch with a conditional line to the county road, with the county road to Joel Bryant’s line; thence turning to the right with a conditional course between Harvey Sparks’ line; thence turning to the right with Smith and Sparks’ line to the top of the cliff about 70 yards, P.P. Lawson line; thence turning with P.P. Lawson and Charlie Smith line to THE POINT OF THE BEGINNING.

TRACT NO. 3.B.:  

BEGINNING on a stone and gun (sic), Sarah Lawson corner; thence with her line to General Terry and Harvey Sparks’ conditional corner to a stone; thence turning to the left with General Terry line, also Harvey Sparks’ line, about 35 yards, a conditional corner, between Adkins and Jacobs, turning to the left with old hauling road to the oak; thence Northeastward to THE POINT OF THE BEGINNING; Tract Nos. 3.A. and 3.B. containing seven acres, more or less.

TRACT NO. 4:  

BEGINNING on a small black oak, General Terry’s corner, also a corner of Tillman Perry in P.P. Lawson line, running a Southeast course with P.P. Lawson line to the county or pike road; thence turning to the right Westward with the county or pike road to a branch, up the branch, a North course, to a beech, also Sarah L. Lawson and General Terry corner; thence Northwest to THE POINT OF THE BEGINNING; containing 1/2 acre, more or less.  

TRACT NO. 5:  

BEGINNING on Everett Sparks’ corner on line of the Dixie Highway; running thence an Easterly course, about 20 poles, with the line of the Dixie Highway to a branch; thence up said branch Northwardly about 20 poles to Laura Reeves’s corner; thence a Southwesterly course with Laura Reeves’s line to Everett Sparks’ line; thence with said Sparks’ line to THE POINT OF THE BEGINNING; containing 1-1/2 acres, more or less.

TRACT NO. 6:  

BEGINNING on a white oak in Joel Bryant’s line; thence South down the hill on the West side of the old hauling road to a corner in P.P. Lawson’s line, so as to include all of the old road, William Adkins’s; thence with P.P. Lawson line East to a sourwood, a corner of P.P. Lawson’s and Harvey Sparks’; thence running and turning with P.P. Lawson’s line up the branch to a black oak, P.P. Lawson’s line corner, also a corner of Joel Bryant; thence turning with Joel Bryant’s line on a white oak, TO THE POINT OF BEGINNING. It is understood that Laura Reeves is to have personal passway to the county road.  Tracts Nos. 1-6 being all the same land acquired by Lewis Siler et ux from Master Commissioner John H. Brown, by deed dated February 17, 1984, and recorded in Deed Book 302, page 423, Whitley County Court Clerk’s Office.

TRACT NO. 8: 

BEGINNING at Lewis Siler’s corner and running in a South direction with the county road to a stone; thence running in a East direction up the hill to a stone; thence running north to Edith Hatfield line; thence running in a Western direction back to Lewis Siler’s corner to THE POINT OF THE BEGINNING; being all the same land acquired by Lewis Siler et ux from George Siler et ux, by deed dated May 21, 1959, and recorded in Deed Book 197, Page 223, Whitley County Court Clerk’s Office.

EXCEPTION OF TRACT NO. 7: 

TRACT NO. 7 IS EXCEPTED from this conveyance as same has been previously conveyed to Michael Anderson et ux from Kenneth Anderson et ux, by deed dated August 2, 2003, and recorded in Deed Book 445, Page 497, Whitley County Court Clerk’s Office.  Tract No. 7 is particularly described as follows:

BEGINNING on a stone corner of R.L. Jones and Sarah Sparks’; thence East with their line 210 feet to a stone; thence North 210 feet to a stone; thence West 210 feet to a stone; thence North 210 feet to a stone; thence West 210 feet to a stone at the road; thence Southward with the road to THE POINT OF BEGINNING; containing one acre, more or less; being all the same land acquired by Lewis Siler et ux from Raymond Sexton et ux, by deed dated June 7, 1946, and recorded in Deed Book 163, Page 295, Whitley County Court Clerk’s Office.

RESERVATION EASEMENT:

THE FOREGOING TRACTS are subject to an easement reserved to Crown Communications, Inc., a Delaware Corporation, granted heretofore by Kenneth Anderson et ux, by deed of easement dated September 27, 2007, and recorded in the Whitley County Court Clerk’s Office in Misc. Book 148, Page 727.

BEING THE SAME PROPERTY conveyed to Grantors by deed from Lewis Siler, et ux., dated September 6, 1994, recorded in Deed Book 374, Page 122 of the Whitley County Court Clerk’s Office.

PREMIER CONTRACTING, LLC EQUIPMENT LIST

 Description    VIN #

1. 2005 VOLVO TRAVKHOE MODEL:

EC240BLC  EC240V10968

2. 1995 KOMATSU DOZIER MODEL: D31E-18  A40537

3. **REX ROLLER   3-70     HFR-116-T

4. 2001 CATERPILLAR TRACKHOE MODEL: 320-C 0320CAPANB02773

5. 1998 KOBELCO TRACKHOE MARK III SK220LC LLU0628

6. 1994 KOMATSU TRACK  HOE PC200LC-51  A70628

7. 1993 KOMATSU TRACKHOE PC150-5   6665

8. 1994 L9000 AEROMAX FLAT BED (16”)   1FTYS95B6RVA29367

9. 1987 FORD  L800 DUMP     1FDYU82A27043

10. 1995 BUCYRUS ERIE 320-C 16 TON CRANE  AD1207

11. 1967 LIMA 50 TON CRANE    350612

12. 2006 INGERSOL, RAND COMPACTOR, SD-70  162099

13. 2000 JOHN DEERE CRAWLER DOZIER 650-H  T065HX888419

14. MAMCO SWEEPER MAXI SWEEP 66000CU  MS881105

15. 1990 INTERNATIONAL SCRAPER 412B   5420114U016406

16. 1991 MACK SUPERLINER RW613             1M2AY75Y6MM006450

17. 2000 JOHN DEERE BACKHOE 310SE 4X4  TO310SE891844

18. 2000 JOHN DEERE BACKHOE 310SE 4X4  T0310SE891833

19. 1992 ROCKRAM HYDROLIC HAMMER 3000LB C-2

20. 1994 INGERSOL RAND COMPRESSOR P175C  18845U91324

21. 1992 INGERSOL RAND COMPRESSOR 375  164501U87942

22. 1993  INGERSOL RAND COMPRESSOR P175C  209905U

23. 2009 VOLVO EXCAVATOR  EC160BLC   EC10V11349

24. 2009 VOLVO COMPACT EXCAVATOR EC 55B  EC55BY34991

25. 2006 KOMATSU EXCAVATOR  PC300LC-7L  PC065E854A86849

Description Continued    VIN #

26. 2000 CATERPILLAR BACKHOE  420 D   CAT0420DVBLN08249

27. 2005 FINN HYDROSEEDER T75 TRAILER MOUNT SE-276

28. 2005 FINN STRAW BLOWER B-70 TRAILER MOUNT SE-3275

29. TRIAXLE MACK TRUCK     DM68655917

30. FORD FLATBED DUMP TRUCK    1FTY595B6RVAZ9367

31. FORD TANDEM DUMP TRUCK    1FDYU82A0HVA27043

TERMS OF SALE

1. The above property shall be sold as follows to produce the sum of money so ordered to be made.

2. Pursuant to the Agreed Order entered April 9, 2015, the real estate collateral will be first offered for sale by individual tracts and then secondly as a collective whole with the successful bid being the greater of the total amount of bid prices for the individual tracts of land compared to the highest bid for the collective whole of the collateral real estate. 

3. The equipment and vehicle will be first offered for sale by individual units and then secondly as a collective whole with the successful bid being the greater of the total amount of bid prices for the individual units compared to the highest bid for the collective whole of the collateral equipment and vehicles.

4. 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 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 down payment shall be required and no bond shall be executed by them.

5. 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.

6. 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.

7. 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.

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

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

Dated this 30th day of June, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 13-CI-00117

TAX EASE LIEN SERVICING, LLC, PLAINTIFF, VS SAMUEL W. WALTERS; UNKNOWN SPOUSE OF SAMUEL W. WALTERS, IF ANY; MARSHELLIA THOMAS; UNKNOWN SPOUSE OF MARSHELLIA THOAMS, IF ANY; CAROLYN F. ELLIOTT; UNKNOWN SPOUSE OF CAROLYN F. ELLIOTT, IF ANY; UNKNOWN OCCUPANTANTS OF CRESCENT HGTS, IF ANY; ASSET ACCEPTANCE, LLC; VELOCITY INVESTMENTS, LLC; COMMONWEALTH OF KY, COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 7, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Judgment against the Defendant, Samuel W. Walters, plus costs is as follows:

(1) The amount of $405.84 for the tax years 2009, plus accrued statutory simple interest thereon at the rate of 12% per annum from the date of assignment of the Certificate of Delinquency to the Tax Ease until paid; and for expenses, costs and attorney fees incurred herein.

The real property that is the subject to this action is known as 14 lots blk D; Lots 3, 11-24 and 28 at Crescent Heights Subdivision, Woodbine, KY 40771, with a Parcel/Map ID# 139-30-02, and is more fully described as follows:

BEGINNING at a stone at Everett Alsip’s corner on the south side of Sutton Road, thence S. 33 ½ E. 378 feet to a stone; thence S 17 ½ W 235 feet to a stake in Skinner’s line; thence S 61 E 208 feet to a maple; thence S 84 E 264 feet to a small beech and stone; thence N 22 W 891 feet to a stone at the Sutton Road; thence with the Sutton Road S 60 W 297 feet to the beginning.

Being all of the same property conveyed to Raymond Walters Living Trust by Raymond Walters and Nellie Walters, his wife, by deed dated September 12, 2003, recorded on September 17, 2003 in Deed Book Page 446, Page 612, duly recorded in the Whitley Circuit Court Clerk’s Office, Williamsburg, Kentucky 40769.

AND

BEGINNING at a railroad spike, at the intersection of Sutton Mill Road and Bennett Road (formerly known as Pond Hill Road); thence with Sutton Mill Road N 72 degrees 44’20” E 152.30 feet, thence N 78 degrees 29’ 07” E 131.94 feet; thence N 88 degrees 03’ 53” E 47.97 feet; thence S 80 degrees 04’ 07” E 45.97 feet; thence leaving Sutton Mill Road S 59 degrees 04’ 02” W 281.46 feet to a railroad spike at Bennett Road; thence with Bennett Road N 57 degrees 48’ 39” W 149.03 feet at the beginning.

Being all of the same property conveyed to Raymond Walters Living Trust by Raymond Walters and Nellie Walters, his wife, by deed dated September 12, 2003, recorded on September 17, 2003 in Deed Book Page 446, Page 616, duly recorded in the Whitley Circuit Court Clerk’s Office, Williamsburg, Kentucky 40769.

AND

Beginning at a stone in south line of Pond Hill Road, Shelton’s northeast corner, thence southwardly with Shelton line 100 feet to a stone; thence eastwardly 78 feet to a stone at Shumate’s line; thence northwardly 100 feet following Shumate’s line to a stone at the Pond Hill Road; thence westwardly following the said Road 78 feet to the beginning.

Being all of the same property conveyed to Raymond Walters Living Trust by Raymond Walters and Nellie Walters, his wife, by deed dated September 12, 2003, recorded on September 17, 2003 in Deed Book Page 446, Page 620, duly recorded in the Whitley Circuit Court Clerk’s Office, Williamsburg, Kentucky 40769.

AND

BEGINNING at a stone in Sutton’s line; thence a southwardly direction 80 feet to a stone; thence north 22 west with Rhoden’s line to a stone; thence northwardly direction a stone Bennett’s Road; thence with the road 165 feet to the beginning. SECOND TRACT: 25 feet of undivided property of Lola Barnett and Fosteen Barnett, a minor. Beginning at a stake; thence a northwardly direction with the Sutton road 25 feet to a stake; thence an eastwardly direction with the Walters line to a beech tree at barn; thence with the Walters line a northwestwardly direction to the Sutton road thence southwardly direction with the Sutton road to the beginning corner.

Being all of the same property conveyed to Raymond Walters Living Trust by Raymond Walters and Nellie Walters, his wife, by deed dated September 12, 2003, recorded on September 17, 2003 in Deed Book Page 446, Page 624, duly recorded in the Whitley Circuit Court Clerk’s Office, Williamsburg, Kentucky 40769.

AND

Bounded on the East, South and West by Isom Shumate property, and on the North by Pond Hill Road, and more particularly described as follows:  Being at a stone on the southern margin of the Pond Hill Road, corner of Isom Shumate Property; thence southwardly 100 feet to a stake; thence easterly 200 feet to a stake; thence northerly 100 feet to a stake; thence westerly in parallel [sic] with Pond Hill Road 200 feet to the point of beginning, and containing ½ acre more or less.

Being all of the same property conveyed to Raymond Walters Living Trust by Raymond Walters and Nellie Walters, his wife, by deed dated September 12, 2003, recorded on September 17, 2003 in Deed Book Page 446, Page 632, duly recorded in the Whitley Circuit Court Clerk’s Office, Williamsburg, Kentucky 40769.

Beginning on a stone, Isom Shumates line; thence eastwardly with a private roadway 150 feet to a stone, a corner of Alvis and Lois Bennett’s property; thence northwardly with Bennett’s line 150 feet to a stone, a corner of Bennett’s; thence westwardly with Bennett’s line 150 feet to a line in the Shumate property; thence southwardly with the Shumate property line 150 feet to the beginning.

Being all of the same property conveyed to Raymond Walter Living Trust by Raymond Walters and Nellie Walters, his wife, by deed dated September 12, 2003, recorded on September 17, 2003 in Deed Book Page 446, Page 628, duly recorded in the Whitley Circuit Court Clerk’s Office, Williamsburg, Kentucky 40769.

AND

A tract or parcel of land lying in Whitley County, Kentucky, and being Lots 3, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 28 of Block “D” of Crescent Heights Subdivision in the township of Woodbine, Kentucky.

Being all of the same property conveyed to Raymond Walters Living Trust by Raymond Walters and Nellie Walters, his wife, by deed dated September 12, 2003, recorded on September 12, 2003, recorded on September 17, 2003 in Deed Book Page 446, Page 636, duly recorded in the Whitley Circuit Court Clerk’s Office, Williamsburg, Kentucky 40769.

AND

A certain tract of land lying in Woodbine, Whitley County, Kentucky being lots #23 and 24 of Block “D” of Crescent Heights Subdivision in the township of Woodbine, Kentucky.

Being all of the same property conveyed to Raymond Walters Living Trust by Raymond Walters and Nellie Walters, his wife, by deed dated September 12, 2003, recorded on September 17, 2003 in Deed Book Page 446, Page 608, duly recorded in the Whitley Circuit Court Clerk’s Office, Williamsburg, Kentucky 40769.

AND

BEGINNING one hundred four (104) feet south of center of spill-way at pond at a stake or stone on the west side of KY #26, formerly U.S. #25; thence running one hundred twenty-five (125) feet south with Highway line to a tree; thence about west one hundred fifty feet to a stake or stone; thence about one hundred fifty (150) feet east to a stake or stone at the BEGINNING corner.

Being all of the same property conveyed to Raymond Walters Living Trust by Raymond Walters and Nellie Walters, his wife, by deed dated September 12, 2003, recorded on September 17, 2003 in Deed Book Page 446, Page 604, duly recorded in the Whitley Circuit Court Clerk’s Office, 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 thirty (30) days with interest at 12% per annum from the date of the sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, and should the bid of Plaintiff be less than its liens herein, then, and in that event, they may take a credit upon its judgment, and in that event, no down payment shall be required and no bond shall be executed by them.

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 30th day of June, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34th JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION I

CIVIL ACTION NO. 14-CI-00705

UNITED CUMBERLAND BANK, PLAINTIFF, (formerly Bank of McCreary County) VS. ESTATE OF JIMMY VANCE; DONNA VANCE, a widow; VANCE RENTAL PROPERTIES LLC; JASON VANCE and wife, KIM VANCE; KIMBERLY RAHN and husband, SHANNON RAHN; KENTUCKY REVENUE CABINET; JAMOS FUND I LP; FIRST NATIONAL BANK and TRUST;HOMETOWN BANK OF CORBIN INC; FORCHT BANK NA; SPRING HILL SIGNS LLC; WHITAKER BANK INC; FIESTA MEXICANA RESTAURANT of Corbin KY LLC; 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 29, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Donna Vance, widow, and Estate of Jimmy Vance, plus costs is as follows:

The Plaintiff shall recover from the Defendant(s), Donna Vance, widow, and Estate of Jimmy Vance, in rem, the sum of $571,828.27, inclusive if principal, interest and late charges through February 25, 2015. Plus a reasonable attorney fee ($8,887.50), plus costs associated and described in the judgment filed in the Court record.

The following real property located in Whitley County, KY, with a property address of 1885 Cumberland Falls Highway, Corbin, KY 40701, together with all of the improvements, fixtures, and appurtenances now or hereafter situated thereon and all rents and profits therefrom, which land is bounded and described as follows:

Beginning at a point in the south right of way of U.S. Highway 25 W (Cross Road No. 6). Said point being 90 feet south (right) from the centerline Station 23+60. Said point also being a northwest corner of property being presently occupied by the Marathon Oil Company Service Station; thence leaving the line of property presently occupied by the Marathon Oil Company Service Station, continuing with the South right of way of U.S. Highway 25 W, N 72 degrees 43 minutes 57 seconds, E., 193.20 feet to a point being 55 feet south (right) from centerline Station 25+50; Thence N 88 degrees 04 minutes 09 seconds E., 42.40 feet to a point being 58.62 feet south (right) from centerline Station 25+92.25; thence leaving the south right of way of U.S. 25W.,  S 06 degrees 30 minutes 00 seconds, E, 226.38 feet to a point; thence S 83 degrees 10 minutes 12 seconds W., 232.07 feet to a point being a southeast corner of property being presently occupied by Marathon Oil Company Service Station; thence N 06 degrees 30 minutes 00 seconds W., continuing with east line of property being presently occupied by the Marathon Oil Company Service Station, 195.00 feet to the beginning corner, containing 1.1473 Acres.

THERE IS EXCLUDED herefrom the following:

Beginning at a point in the south right of way of U.S. Highway 25 W (Cross Road No. 6). Said point being 90 feet south (right) from centerline Station 23+60. Said point also being a northeast corner of property being presently occupied by the Marathon Oil Company Service Station; thence leaving the line of property occupied by the Marathon Oil Company Service Station, containing with the south   right of way of U.S. Highway 25 W, N. 72 degrees 43 minutes 57 seconds E., 71.18 feet to a point being 77.11 feet south (right) from Centerline Station 24+30; thence leaving the south right of way of U.S. Highway 25W, S 06 degrees 30 minutes 00 seconds E, 207.90 feet to a point; thence S 83 degrees 10 minutes 12 seconds W, 69.93 feet to a point being a southeast corner of property being presently occupied by the Marathon Oil Company Service Station; thence N.            06 degrees 30 minutes 00 seconds W., continuing with the east line of property being presently occupied by the Marathon Oil Company Service Station, 195.00 feet to the beginning corner, containing 0.3234 Acres.

Being a part of the same land ( all of Tract III) conveyed from Mildred J. Vance to Jimmy L. Vance by Quitclaim Deed, dated December 18, 1989, and recorded December 22, 1989 in Deed Book 337, at page 423, in the office of the Whitley County Court Clerk at            Williamsburg, Kentucky.

Further being the same land conveyed from CRAP, a Kentucky Corporation, to Jimmy L. Vance and wife, Mildred Vance, by Deed dated July 15, 1985, and of record in Deed Book 332, at page 194, in the Clerk’s office aforesaid.

Upon information, the real property mortgaged and described in Findings of Fact, Paragraph 18, has been re-surveyed and that the following is a more accurate description of the property sought to be foreclosed and a more accurate inclusion of all sources of title and does not alter the intent of the debtors, Jimmy Vance and his wife, Donna Vance, to mortgage their interest in the restaurant property to the Plaintiff:

TRACT #1 RESTAURANT                       

BEGINNING at an iron pipe in the south right of way of U.S. Highway 25W. Said iron pipe lying and being N 72 degrees 30 minutes E, 74.37 feet from an iron pipe which is 90 feet south (right) from centerline Station 23+60 of U.S. Highway 25 W; thence continuing with the south Right of way of U.S. Highway 25 W, N 72 degrees 30 minutes E, 119.63 feet to an iron pipe being 55 south (right) from centerline station 25+50 of U.S. Highway 25 W; thence N 88 degrees 00 minutes E, 51.40 feet to an iron pipe; thence leaving the south right of way of U.S. Highway 25 W, S 00 degrees 52 minutes E, 204.01 feet to an iron pipe; Thence S 82 degrees 45 minutes W, 148.67 to a spike in the east line of a 40 feet roadway easement; thence N 06 degrees 30 minutes W, with the east line of a 40 foot roadway easement, 186.18 feet to BEGINNING CORNER, containing 0.7253 Acres.

TRACT #2 RESTAURANT                       

BEGINNING at a spike in the east line of property presently occupied by Marathon Oil Company. Said spike lying and being S 06 degrees 30 Minutes E, 59.62 feet from a spike which is 90 feet south (right) from Centerline Station 23+60 of U.S. Highway 25 W. Said spike also being in a south line of a 40 foot roadway easement; thence continuing with the south and west lines of a 40 foot roadway easement, N 83 degrees 30 minutes E, 33.00 feet to spike; thence S 06 degrees 30 minutes, E, 112.90 feet to an iron pipe; thence leaving the lines of a 40 foot roadway easement, S 82 degrees 45 minutes W, 33.00 feet to an iron pipe; Thence N 06 degrees 30 minutes 00 seconds W, 113.33 feet to BEGINNING CORNER, containing 0.0857 Acres.

 

TRACT #3 RESTAURANT                       

BEGINNING at an iron pipe in the south right of way of U.S. Highway 25 W. Said point being 90 feet south (right) from centerline station 23+60. Said point also being the northeast corner of property presently occupied by Marathon Oil Company; thence leaving line of property presently occupied by the Marathon Oil Company, continuing with the south right of way of U.S. Highway 25 W, N 72 degrees 30 minutes E, 33.62 feet to spike in the west line of a 40 foot roadway easement; thence leaving the south right of way U.S. Highway 25W, with the west and north lines of a 40 foot roadway easement, S 06 degrees 30 minutes E., 26.03 feet to spike; thence S 83 degrees 30 W, 33.00 feet to spike in an east line of property presently occupied by Marathon Oil Company; thence leaving the lines of a 40 foot roadway easement N 06 degrees 30 minutes W, with an east line of property presently occupied by Marathon Oil Company, 19.62 feet to BEGINNING CORNER, containing 0.0173 Acres.

There is also conveyed with this property the following:

40’ ROADWAY EASEMENT:       

BEGINNING at a spike in the northeast line of property occupied by Marathon Oil Company. Said spike lying and being S 06 degrees 30            minutes E., 19.62 feet from an iron pipe which is 90 feet south (right) from centerline Station 23+60 of U.S. Highway 25W; thence N 83 degrees 30 minutes E, 33.00 feet to spike; thence N 06 degrees 30 minutes W, 26.03 feet to spike in south right of way U.S. Highway 25 W; thence continuing with the south right of way of U.S. Highway 25 W, N 72 degrees 30 minutes E, 40.75 feet to spike; thence leaving the south right of way of U.S. Highway 25 W, S 06 degrees 30 minutes E, 186.18 feet to spike; thence S 82 degrees 45 minutes W, 40.00 feet to an iron pipe; thence N 06 degrees 30 minutes W, 112.90 feet to spike; thence S 83 degrees 30 minutes W, 33.000 feet to a spike in the east line of property presently occupied by Marathon Oil Company; thence N 06 degrees 30 minutes W, with an east line of property presently occupied by Marathon Oil Company, 40.00 feet to BEGINNING CORNER, Containing 0.1979 Acres.

Survey and description by J.D. Cannon and Associates Inc., while under the direct supervision of Bill Ed Cannon, Ky. Reg. Land Surveyor No. 2130.

Being the same land conveyed from CRAP, a Kentucky Corporation, to Jimmy L. Vance and wife, Mildred Vance, by Deed dated July 15, 1985, and of record in Deed Book 332, at page 194, in the office of Whitley County Court Court Clerk and

Being a part of the same land ( all of Tract III) conveyed from Mildred J. Vance to Jimmy L. Vance by Quitclaim Deed, dated December 18, 1989, and recorded December 22, 1989 in Deed Book 337, at page 423, in the office of the Whitley County Court Clerk at Williamsburg, Kentucky and

Being the same land conveyed from Jimmy L. Vance and his wife, Donna Hutson, to South Construction Co., LLC, a Kentucky Limited Liability Company, by Deed dated January 1, 2000, and of record in Deed Book 415, Page 400, Whitley County Court Clerk’s Office and

Being the same land conveyed from South Construction Co., LLC, a Kentucky Limited Liability Company, to Jimmy L. Vance and Donna B. Hutson, husband and wife, in survivorship, by Deed          dated June 30, 2003, and of record in Deed Book 444, Page 588, Whitley County Court Clerk’s Office and

Being the same land that came into the sole and exclusive ownership and possession of Donna B. Hutson Vance by operation of the survivorship clause in her Deed upon the untimely demise of her husband, Jimmy L. Vance, on December 20, 2011 and

Being the same land conveyed Donna B. Vance f.k.a. Donna B. Hutson, single, to Vance Rental Properties LLC, a Kentucky Limited Liability Company, by Deed dated June 19, 2012, and of record in Deed Book 508, Page 621, Whitley County Court Clerk’s Office.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 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% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.    In the event the Plaintiff or its representative is the purchaser, then, and in that event, no down payment shall be required and no bond shall be executed by them.

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

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the fiscal year 2015 and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 30th day of June, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 15-CI-00017

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF. vs.BOBBY HURST a/k/a BOBBY G. HURST; UNKNOWN SPOUSE OF BOBBY HURST a/k/a BOBBY G. HURST; MELESA J. HURST (in rem); UNKNOWN SPOUSE OF DONNIE L. SMITH (in rem); UNKNOWN SPOUSEOF BETTY J. SMITH (in rem); and COUNTY OF WHITLEY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 4, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Bobby Hurst a/k/a Bobby G. Hurst and Melesa J. Hurst (in rem), plus costs is as follows:

(1) The principal sum of $53,539.66, with interest through 03-23-15 in the amount of $3,791.22, plus late charges in the amount of $50.00, plus escrow in the amount of $1,360.06, plus attorney’s fees paid through 03-23-15 in the amount of $1,507.50, plus court costs and service fees in the amount of $484.00, plus a balloon payment in the amount of $9,514.25 for a total of $70,246.69, together with interest at the rate of 7.90% per annum from March 23, 2015, until entry of Judgment and thereafter at the judgment rate of 12.00% per annum, until paid, plus costs and sums expended.

(2) Also included in the sale is a 2006 Clayton mobile home, VIN CLR024173TNAB.

Real estate located at 4180 Dal Road, Williamsburg, Kentucky, (Map #147-00-00-033.01) more particularly described as follows:

A certain tract of land lying on the Cumberland River, at Dal Community, in Whitley County, Kentucky, and being a part of the land conveyed to Jesse Hurst by deed recorded in Deed Book 434 at page 565 in the records of Whitley County, Kentucky, containing 1.5 acres of land, more or less, bounded as follows:

NOTE:  All points referred to as iron pins in this description are ½” X 18” rebars with plastic cap stamped 1971 and have been set this survey.

Beginning at an iron pin in the eastern right of way (20’ from center) of Dal Road, said point is two tenths of one mile southerly from the railroad overpass.

1) thence N30°34’16”E for 71.13’ to an iron pin;

2)thence N19°36’50”E for 79.43’ to an iron pin;

3)  thence N10°35’14”E for 42.12’ to an iron pin near a 25” Hickory;

4)  thence S50°10’55”E for 490.72’ to an iron pin;

5)  thence S50°10’55”E for 13.00’ to an iron pin;

6)  thence S28°25’W for 88.70’ to an iron pin;

7)  thence N61°45’12” W for 471.40’ to the beginning, the Area being 1.50 Acres.

AND BEING the same property conveyed to Bobby Hurst by deed dated May 1, 2006, from Jesse Hurst, a single man, of record in Deed Book 468, at page 782, Office of the Whitley County Court Clerk.

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% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they shall only be required to pay costs and expenses of the sale and they may take a credit upon its judgment, and no down payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 30th day of June, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION I

CIVIL ACTION NO. 15-CI-00108

DONALD HOBBS and his wife, EILEEN HOBBS; ROY C. HOBBS and his wife, JANINE HOBBS; MARY LOU HOBBS, single; CHARLES T. McCRACKEN, single widower; SHERYL LOU McCRACKEN, single; CHARLES T. McCRACKEN, JR., single; BRENDA GAYLE GOETZE and her husband, RAYMOND H. GOETZE; DANIEL C. ROBERTS and his wife, JOLENE L. ROBERTS; and CHRISTINA JEANNE ROBERS SVABATA and her spouse, AKESIA H. SVABATA, PLAINTIFFS VS: JAMES L. HOBBS, III and his wife, KIMBERLY SUE HOBBS; 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 4, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment is for land partition and out of the proceeds of the sale a reasonable attorney fee for Plaintiff’s attorney shall be reimbursed along with all costs incurred, and the balance of the sale proceeds shall be distributed as indicated in the judgment herein.

The said real property is located in Whitley County, Kentucky with a property address of 838 5th Street, Corbin, KY 40701, and is more specifically described as follows:

Two lots #5 and 6, 5th Street in C.C. McHargue Addition:

BEGINNING on a stone or stake in the line of 5th Street, running a Northward direction 130 ft. to a 12 ft. alley; thence with said alley, a Westward direction 100 to a stone; thence a Southward course 124 ft. to the line of 5th Street; thence an Eastward course with the line of 5th Street, 100 ft. to the BEGINNING.  As shown by map.

BEING the same property conveyed to J.L. Hobbs by deed from C.C. McHargue, dated April 19, 1924, recorded in Deed Book 108, Page 48 of the Whitley County Court Clerk’s Office.

See also, Last Will of Leota V. Hobbs, recorded in Will Book 8, Page 527.  See also Affidavits of Descent recorded in Deed Book 524, Page 322; Deed Book 524, Page 325; Deed Book 524, Page 328; Deed Book 524, Page 331; and Deed Book 524, Page 334 all of the Whitley County Court Clerk’s Office.

TERMS OF SALE

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

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

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

 Dated this 30th day of June, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 12-CI-00736

 

U.S. BANK NATIONAL ASSOCIATION, a/k/a U.S. BANK N.A., PLAINTIFF, VS. ALVA BRIAN POTTER A/k/A BRIAN A. POTTER; CHASITY R. POTTER, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 22, 2013, and subsequent Orders entered June 18, 2013, October 20, 2014; October 31, 2014 and May 29, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Alva Brian Potter a/k/a Brian A. Potter and Chasity R. Potter, plus costs, is as follows:

(1) The sum of $252,289.12, plus accrued interest through December 14, 2012, plus all advances by Plaintiff of real estate taxes, assessments, insurance premiums, maintenance and costs, escrow fees and all other advances which Plaintiff must pay to preserve the real estate involved herein, plus late penalties thereon at the rate of $39.39 per day beginning December 14, 2012, until date of Complaint, plus costs expended herein, including a reasonable attorney fee in the amount of $1,150.00, plus interest on the entire balance at the rate of 6.00% per annum beginning December 14, 2012, until satisfied in full.

Property Address: 5115 Highway 511, Rockholds, KY 40759.

The subject property is more particularly described as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky, and being all of the same land conveyed to Arnold Jones and wife, Mary Margie Jones, by deed from John A. Harp and wife, Theresa L. Harp, dated April 22, 1996 and recorded in Deed Book 385, Pages 89-91, Whitley County Court Clerk’s Office, and obtained by Margie Jones by survivorship of Arnold Jones who is now deceased, and bounded and described as follows:

BEGINNING at a survey marker at KY 511 and corner common to John A. Harp and Margie Jones; thence running S 08° 37’ 59” W, 159.06 feet to a post thence running N 87° 37’ 16” W, 132.48 feet to a post thence in a southeast direction 47.69 feet to a survey marker; thence running in a southeast direction 110.48 feet to a survey marker; thence S 19° 24’ 51” E, 125.22 feet to a survey marker; thence S 01° 15’ 20” W, 180.28 feet to a survey marker at the existing fence; thence with the fence S 04° 24’ 40” W, 349.51 feet to a survey marker; thence S 15° 55’ 59” W, 163.33 feet to a survey marker; thence S 23° 05’ 14” E, 217.87 feet to a survey marker at the old county road; thence running in a northeast direction with the old county road and fence to KY 836; thence running in a northeast direction with KY 836 and fence to a fence post at KY 511 to a survey marker at the beginning; and

Being the same property conveyed to Brian A. Potter and wife, Chasity R. Potter, in Survivorship, by Warranty Deed dated March 29, 2004 and recorded on March 31, 2004 in Deed Book 451, Page 525 in the Office of the Clerk of the County Court of Whitley County, Kentucky.

TERMS OF SALE

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

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

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

 Dated this 30th day of June, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 14-CI-657

AMERICAN FINANCIAL RESOURCES, INC, PLAINTIFF, VS. JEREMY R. STEADMAN; UNKNOWN SPOUSE, IF ANY, OF JEREMY R. STEADMAN; COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 4, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Jeremy R. Steadman, plus costs, is as follows:

(1) The sum in the amount of $44,567.36, plus interest at the rate of 3.75000 percent per annum from November 1, 2013, together with amounts for late fees and assessments, advancements for protection of the property, and other fees associated herein.

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

Property Address:  412 W Third Street, Corbin, KY 40701.

BEGINNING on the South side of Third Street in the line of James Pritchard’s lot; hence, running North with the partnership line of A. B. Rains and J. W. Martin 200 feet to line of R. A. Early; thence with said Early’s line West 71 1/2  feet to James Johnson’s line; thence South 182 1/2 feet with the partnership line of James Johnson’s and A. B. Rains to Third Street; thence East 33 12 feet to a stone; thence 17 1/2 feet to a stake; thence East 38 feet to the BEGINNING.

Being the same property conveyed to Jeremy R. Steadman, single from Janice Manning, single, by Deed dated 01/31/2013, recorded 02/05/2013, Deed Book 513, page 59, Whitley County Clerk`s Records.

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 down (10%) of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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