Legal Notices for 7/7/10, page 4

 

  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

 

LEGAL NOTICE:

The U.S. Fish and Wildlife Service, Department of the Interior, announces a proposal to list the Cumberland darter (Etheostoma susanae), rush darter (Etheostoma phytophilum), yellowcheek darter (Etheostoma moorei), chucky madtom (Noturus crypticus), and laurel dace (Phoxinus saylori) as endangered species, without critical habitat. 

The Cumberland darter is endemic to the upper Cumberland River system above Cumberland Falls in Kentucky and Tennessee.  This species historically inhabited 21 streams in the upper Cumberland River system.  Currently the species is known to survive in short reaches (less than 1 mile) along 12 streams.  The rush darter is endemic to the Tombigbee-Black Warrior drainage in Alabama.  Historically, rush darters have been found in three watersheds in Alabama.  Currently, they are still found in the same three watersheds but in a more limited distribution.  The yellowcheek darter is endemic to the Little Red River basin in Arkansas. Yellowcheek darters still inhabit most streams within their historical range, but in greatly reduced numbers in the Middle, South, Archey, and Beech forks of the Little Red River.  The chucky madtom is endemic to the upper Tennessee River system in Tennessee.  Currently, only 3 specimens have been collected from one stream (Little Chucky Creek) since 2000.  The laurel dace is known historically from seven streams on the Walden Ridge portion of the Cumberland Plateau in Tennessee.  The current distribution of laurel dace comprises six of the seven streams that were historically occupied, but in shorter reaches.  In these six streams they are known to occupy reaches of approximately 0.2 to 5 miles in length.     

Section 7(a)(2) of the Endangered Species Act requires that Federal agencies ensure that actions they fund, authorize, or carry out are not likely to jeopardize the continued existence of an endangered or threatened species or result in the destruction or adverse modification of critical habitat. 

The Service is seeking comments, suggestions and any additional information on this proposed rule.   A final decision will consider all comments and information received in response to the proposal.  Comments from the public on the proposal should be submitted by August 23, 2010 using one of the following methods:

•Federal eRulemaking Portal: http://www.regulations.gov.  Follow the instructions for submitting comments on Docket No. FWS-R4-ES-2010-0027.

•U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R4-ES-2010-0027; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes.  We will post all comments on http://www.regulations.gov.  This generally means that we will post any personal information you provide us. 

Written requests for a public hearing will be accepted until August 9, 2010.

A copy of the proposed rule and other information about the Cumberland darter, rush darter, yellowcheek darter, chucky madtom, and laurel dace is available on the Internet at http://www.regulations.gov, or by contacting the Tennessee Field Office, 446 Neal Street, Cookeville, TN 38501, 931/528-6481.

 

NOTICE:

Christopher Helvey, 18 Glencove, Frankfort, KY 40601, has been appointed Executor over the estate of Marjorie Helvey, deceased.

Bonnie Hooper, 771 Gainsboro, Deltona, FL 32725, has been appointed Executrix over the estate of Lewis Davis, deceased.

Jewel Smith, PO Box 16, Williamsburg, KY 40769 has been appointed Administratrix over the estate of Magdaline Mills, deceased.

Vivian Howard, 72 N Maple Creek Subdivision, Williamsburg, KY 40769 has been appointed Administratrix over the estate of Bruce Howard, deceased.

Randy Poling, 1585 Hwy 26, Williamsburg, KY 40769 has been appointed Executor over the estate of Kay Poling, deceased.

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

Given under my hand this 30th day of June, 2010.

GARY W. BARTON, CLERK

WHITLEY COUNTY  DISTRICT AND  CIRCUIT COURT

WILLIAMSBURG, KY 40769

 

NOTICE:

Final settlement has been filed in the estate of Noel Goddard, deceased, by Marsha Leach, Executrix. A final hearing will be held on August 10, 2010 at 1:00 PM in the Whitley District Courtroom located in Williamsburg, KY.

Final settlement has been filed in the estate of James Casey, Sr., deceased, by James Casey Jr., Executrix. A final hearing will be held on August 10, 2010 at 1:00 PM in the Whitley District Courtroom located in Williamsburg, KY.

Final settlement has been filed in the estate of Amanda Croley, deceased, by Ancil Croley, Executor. A final hearing will be held on August 10, 2010 at 1:00 PM in the Whitley District Courtroom located in Williamsburg, KY.

Exceptions, if any, must be filed prior to August 10, 2010.

The hearing will be held at 1:00 PM in Whitley District Court, Williamsburg, KY.

Given under my hand this 30th day of June, 2010.

GARY W. BARTON, CLERK

WHITLEY COUNTY DISTRICT AND CIRCUIT COURT

WILLIAMSBURG, KY 40769

 

NOTICE:

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

Delmar D. Mahan, 1875 Frankfort School Rd., Corbin, KY 40701 has been appointed Executor for the estate of Anna Mae Mahan, deceased, Whitley Co., Ky. Hon. Timothy Crawford, 317 N Main St., Corbin, KY 40701, atty. for said estate.

Judy Harp, 215 W Dizney St., Corbin, KY 40701 has been appointed Executrix for the estate of Ernest Hill, deceased, Whitley Co., Ky. Hon. Amanda Hill, 1506 S Main St., Corbin, KY 40701, atty. for said estate.

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

Given under my hand this 30th day of June, 2010.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS WHITLEY COUNTY

WILLIAMSBURG, KY 40769  

NOTICE TO WHITLEY COUNTY TAXPAYERS

 

The Whitley County Clerk and the Whitley County Fiscal Court, pursuant to KRS 424.330, announce that the 2009 Delinquent Real Property Tax Bills (Certificates of Delinquency) will be published in the News Journal Newspaper on

July 14, 2010.

The list of Certificates of Delinquency is also available for public inspection during the hours of 7:30 am – 6:00 pm on Mondays and 7:30 am – 4:30 pm Tuesdays through Fridays, at the County Clerk’s office located at 200 Main St. {Courthouse} Room 2, Williamsburg, KY. This list may also be inspected on the following website 174.141.82.110. 

The tax sale will be held on August 24, 2010 beginning at 9:00 am. All interested participants must register with the County Clerk’s office by the close of business on August 10, 2010. The sale will be conducted in a manner similar to a professional sports draft in accordance with the provisions House Bill 262 enacted by the 2009 General Assembly.

The following methods of payment will be accepted by the Clerk’s office from third party purchasers: Cash, Check, Debit/Credit Cards.  We do not accept Visa Credit Cards.