Legal Notices for 7/9/14, page 2

 Dated this 1st day of July, 2014.

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-00145

U.S. BANK AS CUSTODIAN FOR SASS MUNI V DTR ASSUMED NAME FOR SASS MUNI V DTR, LLC N/K/A MUNI V, LLC, PLAINTFF vs. DANNY DAVENPORT a/k/a DANNY JAMES DAVENPORT; UNKNOWN SPOUSE OF DANNY DAVENPORT a/k/a DANNY JAMES DAVENPORT; GREGORY CLIFFORD; MARIA DICEGLIE CLIFFORD; CITY OF WILLIAMSBURG, KENTUCKY; WILLIAMSBURG INDEPENDENT SCHOOL DISTRICT FINANCE CORPORATION; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF FINANCE AND ADMINISTRATION CABINET, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 5, 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 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

Judgment against the Defendant, Danny Davenport, plus costs is as follows:

1. Plaintiff is awarded the sum of $4,378.19 as of May 31, 2014, which constitutes principal in the amount of $491.54 (1); interest in the amount of $398.39, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $4.92 per month until paid (2); administrative fees in the amount of $115.00 per certificate (3); pre-litigation attorney’s fees in the amount of $385.00; reasonable attorneys fees in the amount of $1,500.00 for prosecuting this foreclosure; (4) and costs in the amount of $1,488.26 that have arisen due to prosecuting this collection remedy.

PROPERTY ADDRESS: 1958 WEST HIGHWAY 204, WILLIAMSBURG, KY 40769.

FIRST TRACT: This property starts along Highway 204 West at point A, and follows existing driveway 317 feet straight back towards the woods to point B. Then follows along creek bed 158 feet to point C. Then 162 feet to point D. Then 296 feet to point E. Then follows along beside Highway 204 West 82 feet back to point A. All parties will use the existing driveway.

Being the same property conveyed by Geraldine Siler to Danny Davenport by deed dated February 25, 2000, of record in Deed Book 417, page 206, in the Office of the Whitley County 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 one-third percent (1/3%) 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 Plaintiff is the purchaser of the property, Plaintiff shall be entitled to take credit against the purchase price to the full extent of Plaintiff’s liens 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, Plaintiff shall be entitled to take credit against the purchase price in the amount of the 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 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 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 1st day of July, 2014.

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-00197

U.S. BANK AS CUSTODIAN FOR SASS MUNI V DTR ASSUMED NAME FOR SASS MUNI V DTR, LLC, PLAINTIFF VS. WOODY DOUGLAS WATKINS; ROSEZ WATKINS; FORD MOTOR CREDIT COMPANY; TAX EASE LIEN SERVICING, LLC; JPH LIEN SERVICES, LLC; JAMOS FUND I, LP; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVENUE, DIVISION OF COLLECTIONS; COMMONWEALTH OF KENTUCKY, ADMINISTRATIVE OFFICE OF THE COURTS; APEX FUND SERVICES CUSTODIAN FOR CERES TAX RECEIVABLES, LLC, and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF FINANCE AND ADMINISTRATION CABINET, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a (Renewed) Judgment and Order of Sale entered by the Whitley Circuit Court on May 5, 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 21, at 12:00 p.m., or thereabout, the real property described in this Notice.

Judgment against the Defendants, WOODY DOUGLAS WATKINS and ROSEZ WATKINS, plus costs is as follows:

1. Plaintiff is awarded the sum of $4,842.03 as of May 31, 2014, which constitutes principal in the amount of $1,236.60 (1); interest in the amount of $837.95, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $12.37 per month until paid (2); administrative fees in the amount of $115.00 per certificate; (3) pre-litigation attorney’s fees in the amount of $800.00; reasonable attorneys fees in the amount of $1,800.00 for prosecuting this foreclosure; (4) and costs in the amount of $734.42 that have arisen due to prosecuting this collection remedy; cost of the cancelled master commissioner sale in the amount of $3,023.14; and credit given to Defendant’s Woody Douglas Watkins and Rosez Watkins for payments received under the Agreed Judgment of which they are now in default of ($3,820.08).

PROPERTY ADDRESS:   6379 Highway 26, Rockholds, KY 40759, and more particularly described as follows:

BEGINNING at a point located on the right of way of Kentucky Highway 26 and bearing S 04-47-54 E, 83.30 feet from a power pole on the East side of Highway 26 and bearing S 41-16-03 W, 181.96 feet from an iron pin and Southeast most corner of Tract 1; thence leaving Highway 26 and running S 65-08-17 W, 350.28 feet to the L & N. Railroad right of way; thence running with the right of way N 22-00-00 W, 309.1 feet; thence continuing with the right of way N 36-00-00 W, 594.00 feet; thence continuing with the railroad right of way N 40-00-00 E, 33.00 feet to the right of way of Kentucky Highway 26; thence running tangent with Highway 26 the following S 61-30-10 E 235.23 feet; S 57-45-30 E, 179.77 feet; S 52-00-37 E, 152.06 feet; S 41-13-12 E, 358.61 feet; S 32-19-11 E, 87.20 feet to the point BEGINNING and containing 4.55 acres more or less.

AND:

BEGINNING at a point located on the right of way of Kentucky Highway 26 and bearing S 04-47-54 E, 83.30 feet from a power pole on the East side of Highway 26 and bearing S 41-16-03 W, 181.96 feet from an iron pin and Southeast most corner of Tract 1; thence leaving Highway 26 and running S 65-08-17 W, 350.38 feet to the L & N Railroad right of way; thence running with the right of way N 22-00-00 W, 309.1 feet; thence continuing with the right of way N 36-00-00 W, 594.00 feet, thence continuing with the railroad right of way N 40-00-00 E, 33.00 feet to the right of way of Kentucky Highway 26; thence running tangent with Highway 26; thence tangent with Highway 26 the following S 61-30-10 E, 235.23 feet; S 57-45-30 E, 179.77 feet; S 52-00-37 E, 152.06 feet; S 41-13-12 E, 358.61 feet; S 32-19-11 E, 87.20 feet to the point of BEGINNING and containing 4.55 acres more or less.

LESS AND EXCEPT FROM THE ABOVE DESCRIBED REAL PROPERTY:

BEGINNING 412 feet from the corner of the Rains property and Highway 26 at a pole; thence West 175 feet to Watts Creek; thence following Watts Creek North 185 feet to a pole; thence East 150 feet to a pole and the Highway 26 right of way; thence following the Highway 26 right of way South 185 feet to the point of BEGINNING.

LESS AND EXCEPT FROM THE ABOVE DESCRIBED REAL PROPERTY IS THE FOLLOWING DESCRIBED PROPERTY CONVEYED TO JESSICA SUE MURRAY BY DEED DATED APRIL 3, 1999 FROM WOODY DOUGLAS WATKINS AND ROSEZ WATKINS, HUSBAND AND WIFE, RECORDED IN DEED BOOK 407, PAGE 470, IN THE OFFICE OF THE WHITLEY COUNTY COURT CLERK:

BEGINNING at a point along Highway 26 and being the corner of Thomas Daniel Watson’s property; thence North 260 feet along Highway 26 to a point; thence West 51 feet with state line to a point; thence South 228 feet along the creek to a point; thence East 138 feet with Thomas Daniel Watson’s line to the point of BEGINNING.

Being the same property conveyed to Woody Douglas Watkins and Rosez Watkins, husband and wife, by Deed dated June 9, 1997, from William David Bray and Karen D. Bray, husband and wife, recorded in Deed Book 393, Page 55, in the 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. 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 percent (1/3%) 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, then, and in that event, and no bond shall be executed by them and they shall be entitled to take credit against the purchase price to the full extent of their liens 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, Plaintiff shall be entitled to take credit against the purchase price in the amount of the plaintiff’s pro rata share of the sale proceeds.

2. 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 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 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 1st day of July, 2014.

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-00282

 

U.S. BANK AS CUSTODIAN FOR SASS MUNI V DTR ASSUMED NAME FOR SASS MUNI V DTR, LLC N/K/A MUNI V, LLC, PLAINTFF  vs. TAMMY MALISSA L. BROCK; UNKNOWN SPOUSE OF TAMMY BROCK; BENEFICIAL KENTUCKY, INC. D/B/A BENEFICIAL MORTGAGE CO. OF KENTUCKY; JAMOS FUND I, LP; SKW PREP, LLC; SECURED CAPITAL INVESTMENTS, LLC; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF FINANCE AND ADMINISTRATION CABINET,DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 5, 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 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

Judgment against the Defendant, Tammy Malissa L. Brock, plus costs is as follows:

1. Plaintiff is awarded the sum of $4,690.37 as of May 31, 2014, which constitutes principal in the amount of $772.98 (1); interest in the amount of $533.82, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $7.73 per month until paid (2); administrative fees in the amount of $115.00 per certificate (3); pre-litigation attorney’s fees in the amount of $699.97; reasonable attorneys fees in the amount of $1,650.00 for prosecuting this foreclosure (4); and costs in the amount of $803.60 that have arisen due to prosecuting this collection remedy

PROPERTY ADDRESS:   125 GILLY LANE, ROCKHOLDS, KY 40759.

The property is located in Whitley County, Kentucky, and more particularly described as follows:

BEGINNING at a post oak and stone, a corner between W. J. Keisling and L.P. Law and Geo. Criscillis, running with said Keisling, Lay and Criscillis line W 16 poles to a stone at a road; thence southeastward 44 poles to a stone in the Lay and Criscillis line 41 poles to the BEGINNING.

Being the same property conveyed to Tammy Malissa L. Brock, by deed dated May 11, 1993, from Joyce Hayden, single, recorded in Deed Book 363, Page 429, in the 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 one-third percent (1/3%) 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 Plaintiff is the purchaser of the property, Plaintiff shall be entitled to take credit against the purchase price to the full extent of Plaintiff’s liens 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, Plaintiff shall be entitled to take credit against the purchase price in the amount of the 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 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 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 1st day of July, 2014.

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-668

JPMorgan Chase Bank, National Association, Plaintiff, VS. Thomas M. Manning; Debbie Manning; U.S. Bank National Association, ad Trustee of CVI Loan GT Trust I; and County of Whitley, Defendants.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 2, 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 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Thomas M. Manning and Debbie S. Manning, plus costs, is as follows:

(1) The principal sum in the amount of $46,747.01, plus interest from 05/01/13  in the amount of $1,490.04, plus pre-acceleration late charges in the amount of $134.80, plus total escrow in the amount of $61.46, plus property preservation in the amount of $569.00, plus property inspections in the amount of $154.00, for a total in the amount of $49,156.31, together with interest at the rate of 6.375 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus a reasonable attorney fee, 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:   435 South 3rd Street, Williamsburg, KY 40769

BEGINNING at a stake on the street corner of R.A. Mays, thence with said street S 26 E 75 feet to a stake; thence leaving said street N 72 1/2 E 170 feet to a right of way of the spur tract river branch of the Louisville & Nashville Railroad right of way; thence with same N 80 degrees W 75 feet to a stake corer of a lot of R.A. Mays; thence with a line of the same S 72 1/2 W about 200 feet to the BEGINNING.

BEING ALL OF THE SAME LAND acquired by Thomas M. Manning and Debbie S. Manning, husband and wife, by a deed of conveyance from James Willis and Phyllis Willis husband and wife, dated April 14, 2005 and recorded in Deed Book 460, at page 433, in the office of the Whitley County Court Clerk at Williamsburg, Kentucky.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (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 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 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 1st day of July, 2014.

HOWARD O. MANN

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-00029

GREEN TREE SERVICING LLC, AS ATTORNEY-IN-FACT FOR NATIONSCREDIT MANUFACTURED HOUSING CORPORATION; PLAINTIFF. vs. JEREMY A. RAINS (in rem);  DONNA RAINS, a/k/a DONNA P. RAINS (in rem); CUMBERLAND VALLEY NATIONAL BANK & TRUST COMPANY;INDEPENDENT CAPITAL HOLDINGS, LLC; and COUNTY OF WHITLEY, KENTUCKY, DEFENDANTS.

NOTICE OF MASTER COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 2, 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 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Default Judgment against the Defendants, Jeremy A. Rain and Donna Rains, a/k/a Donna P. Rains, jointly and severally, plus costs is as follows:

(1) The principal sum in the amount of $51,785.21, plus interest through 04-18-14 in the amount of $8,901.86, plus late fees through 04-18-14 in the amount of $25.00, plus advances for the protection of the property through 04-18-14 in the amount of $1,390.43, plus corporate advances through 04-18-14 in the amount of $270.00, plus attorney’s fees through 04-18-14 in the amount of $1,750.00, plus Court costs and services fees through 04-18-14 in the amount  of $551.74, for a total in the amount of $64,674.24, together with interest at the rate of  6.750% per annum ($9.58 per diem) from April 18, 2014, until entry of Judgment and thereafter at the judgment rate of 12.00% per annum, until paid, plus the costs expended herein and any sums expended by Plaintiff for insurance, ad valorem taxes and for preservation of real estate until date of sale, and attorney fees incurred after April 18, 2014.

(2) Also included in the sale is a 1999 Champion 28’ x 64’ mobile home, VIN 21-99-119-9580A/B,

The property is located at 984 South Highway 1064, Woodbine, Kentucky, and more particularly described as follows:

A certain tract or parcel of land lying and being located in Woodbine, Kentucky, and being located on East side of KY. #1064 approximately one mile from KY. #1064 and KY. #6.

All corners or witness monuments referred to herein as iron pins rear 1/2” x 18” with an orange plastic cap marked L.S. 1253 EXCEPT as otherwise noted all bearings are referenced to the meridian of record in Deed Book 400, at page 675 in the records of the Whitley County Court Clerk’s Office at Williamsburg, Kentucky.

Beginning at a set iron pin in the west line of a one acre tract recorded in Deed Book 400, at page 675 and being, S 06 deg. 19’ 21” W 65.16’ from the north west corner of this one acre tract, thence with center line of a 20 ft. right of way as follows:  S 61 deg. 10’ 56” W 74.74’ to a point, S 43 deg. 30’ 06” W 51.22’, S 29 deg. 10’ 28” W 89.33’, S 47 deg. 27’ 23” W 136.65’, S 48 deg. 22’ 26” W 369.99’, S 80 deg. 56’ 52” W 85.52’, N 76 deg. 11’ 59” W 48.80’, N 55 deg. 24’ 19” W 60.01’, N 41 deg. 51’ 51” W 67.46’, N 19 deg. 39’ 02” W 49.73’, N 00 deg. 27’ 12” E 80.22’, N 06 deg. 08’ 14” W 135.86’, N 28 deg. 10’ 12” W 160.04’, N 57 deg. 48’ 40” W 94.31’, N 56 deg. 13’ 21” W 101.43’, N 46 deg. 03’ 05” W 168.30’, N 37 deg. 20’ 22” W 105.70’, N 44 deg. 42’ 07” W 73.32’, N 55 deg, 49’ 49” W 69.79’, S 52 deg. 20’ 36” W 22.38’, S 69 deg. 22’ 41” W 107.09’, N 74 deg. 29’ 40” W 31.57’, N 28 deg. 58’ 30” W 120.62’, N 25 deg. 30’ 09” W 52.98’, N 62 deg. 47’ 25” W 32.43’, S 64 deg. 50’ 20” W 110.47’. S 61 deg. 40’ 09” W 409.70’, S 60 deg. 26’ 41” W 123.62’ to a P.K. nail set in the center line of KY. #1064 and being S 65 deg. 45’ 32” E 23.52’ from Mike Elliott’s, (326/526) south west corner, and being a center line description for a 20 ft. right of way for all parties to egress and ingress from a one acre tract to KY. #1064.

Above property is subject to any and all right of ways or easements now of record or in existence.

Being a part of the same property conveyed to Charles H. Rains and Christina Rains, husband and wife, by Deed of Conveyance from Lynn Harmon and Sharon Harmon, husband and wife, dated the 10th day of September, 1982, of record in Deed Book 291, at page 291;  ALSO BEING the same property conveyed to Jeremey A. Rains and Donna P. Rains, husband and wife, by Deed of Conveyance dated the 5th day of May, 1998, of record in Deed Book 400, at page 675;  SEE ALSO Deed of Correction from Charles H. Rains and Christina Rains, husband and wife, to Jeremey A. Rains and Donna P. Rains, husband and wife, by Deed dated the 15th day of July, 1998, of record in Deed Book 402, at page 136;  SEE ALSO Deed of Conveyance from Jeremey A. Rains and Donna P. Rains, husband and wife, to Jeremey A. Rains and Donna P. Rains, husband and wife, for the sole purpose of including the resurvey description of record in Deed Book 402, at page 140, records of the Whitley County Court Clerk’s Office, 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 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 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 1st day of July, 2014.

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-00046

L&N FEDERAL CREDIT UNION,  PLAINTIFF, VS. RICHARD D. ROSE; and DORCIA F. ROSE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 19, 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 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Richard D. Rose and Dorcia F. Rose, plus costs is as follows:

(1) The principal sum in the amount of $88,339.68 on the first mortgage, plus interest of $1,740.38 through November 18, 2013, plus interest on the principal sum at the rate of 4.25% per annum from November 18, 2013 until the date of judgment and thereafter on the entire sum at the said rate until paid, and

(2) The principal sum of $37,196.16 on the second mortgage, plus interest of $970.44 through November 18, 2013, and interest of 970.44 through November 18, 2013, plus interest on the principal sum at the rate of 5.75% per annum from November 18, 2013 until the date of judgment and thereafter on the entire sum at the said rate until paid; and the fees of $1725.00 and costs of $562.92 incurred in this action.

Property Address is: 400 Buc Road, Williamsburg, KY 40769.

The following property located in Whitley County, Kentucky, to-wit:

BEGINNING at an iron pin on the West side of branch; thence running North 80 deg. 17 min. 04 sec. East 255.04 feet; South 04 deg. 03 min. 58 sec. West 252.57 feet; South 74 deg. 32 min. 58 sec. West 192.15 feet; North 24 deg. 06 min. 22 sec. West 168.07 feet to a point on the North side of road; thence running North 84 deg. 30 min. 02 sec. West 15.41 feet; thence leaving said road and running North 19 deg. 00 min. 34 sec. East 111.43 feet to the point of beginning, and containing 1.441 acres, more or less.

ALSO:

Lot #12 – BEGINNING at an iron pin at the corner of Lot 1 and Lot 12; thence running with the road, South 03 deg. 27 min. 30 sec. West 67.67 feet; thence continuing with the road, South 16 deg. 00 min. 00 sec. East 115.00 feet; thence leaving said road and running North 58 deg. 39 min. 52 sec. East 245.654 feet; thence running North 30 deg. 27 min. 56 sec. West 117.978 feet; thence running South 74 deg. 32 min. 58 sec. West 192.75 feet to the beginning, and containing 0.753 of an acre, more or less.

BEING ALL THE SAME LAND acquired by Richard R. Rose and Dorcia F. Rose, husband and wife, by deed of conveyance from David M. Shelley and Cindy L. Shelley, husband and wife, dated December 30, 2003 and recorded in Deed Book 449, at page 288, in the office of the Whitley County Clerk at Williamsburg, Kentucky.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (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 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 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 1st day of July, 2014.

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-136

Lester Carl Canada and wife, Rita Canada; Ruby Jean Canada Adkins and husband, David Adkins; Georgia Jo Canada Dupier and husband, Charles Dupier, III; Sandra Kay Canada, single; Gary Wade Canada and wife, Kimberly Canada;  Donna Ann Canada, single, Plaintiffs, VS. Alice Faye Canada Perkins and husband, George William Perkins; and Danna Beth Kerschen, Single, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 24, 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 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Alice Faye Canada Perkins and husband, George William Perkins; and Danna Beth Kerschen, Single, for partition of land.

(1) The below described real property shall be sold for the purpose of satisfying the interests herein and the proceeds of said sale shall be used and divided between the parties’, Plaintiffs and Defendants, after the costs of the sale according to their interests therein and after payment of the following: Plaintiff’s Attorney, Kimberly Frost, shall receive an attorney fee of $750.00 and costs advanced in this action of $510.00; and the payment of the remaining debts of Dora Alice Canada a/k/a Dora Canada, deceased, being medical bills owed to Cumberland GI, PSC on account #31146of $100.12 and Credit Bureau Systems Inc. on account #033259389 for debt owed to Baptist Health Corbin of $1,845.44.

(2) That at the time of her death, Dora Alice Canada a/k/a Dora Canada, owned  two (2) tracts or parcels of real property in Whitley County, Kentucky, which is more particularly bounded and described as follows:

Being that tract or parcel of land lying in Whitley County, Kentucky, on waters of Sanders Creek which was acquired by Dora Canada by deed of Ernest White and Roxie White, his wife, dated April 20, 1959, which is duly recorded at Deed Book 197, Page 101, Whitley County Court Clerk’s Office, and bounded as follows, viz:

TRACT NO. 1: BEGINNING on a maple at the Clay Smith corner; thence running with his line, Southwest to an oak;  thence Southwest to a white oak corner in the 86 acre survey;  thence a Northwest course with the 86 acre tract line to two white oaks, Thomas Smith corner;  thence Northeast to a small black oak, the said Smith Corner, containing 16 acres, more or less.

TRACT NO. 2:  Adjoining tract 1 above, and Beginning on a Sourwood near a branch, thence with the line of Isaac Smith tract to a stake, a corner of the John Smith tract sold by L. J. Steely;  thence down the hill a conditional line made by L. J. Steely and John Smith to a pine, thence with the John Smith line to where it crosses the county road;  thence with the county road to a branch known as the Big Branch;  thence up the branch with its meanders to the Beginning, subject to an existing easement for a road.

As the boundary lines now exist, this tract of land could be described as follows:

BEGINNING at a branch known as the Bid Branch where it crosses the Sanders Creek county road;  thence with the said county road and the Luther Thomas line to the Blue Smith line;  thence with the Blue Smith line to the J. L. Creech line;  thence with the J. L. Creech line to the BEGINNING, subject, however, to easement for an existing road through this property.

(A copy of said Deed is filed as Exhibit “C” to the Complaint.)

EXCEPTION: There is excepted from the above described tracts of real property that tract or parcel of land lying in Whitley County, Kentucky, on waters of Sanders Creek, which was conveyed by Dora Canada and husband, George W. Canada, to Alice Perkins and husband, George W. Perkins, by deed dated September 16, 1978, which is duly recorded at Deed Book 276, Page 595, Whitley County Court Clerk’s Office and reference is made to said deed for a more detailed description the same as if copied in full herein.

EXCEPTION:  There is excepted from the above described tracts of real property that tract or parcel of land lying in Whitley County, Kentucky, on waters of Sanders Creek, which was conveyed by Dora Canada and husband, George Canada, to Lester C. Canada and wife, Rita G. Canada , by deed dated August 1, 1981, which is duly recorded at Deed Book 290, Page 353, Whitley County Court Clerk’s Office and reference is made to said deed for a more detailed description the same as if copied in full herein.

(A copy of each deed which are exceptions is filed as Exhibit “D” and “E” to the Complaint.)

THE FOREGOING TRACT NO. 1 AND TRACT NO. 2 of real property are subject to Property Line Agreement between Dora Canada and husband, George Canada, and Hughie Smith, single, dated June 9, 1980, which is duly recorded at Misc. Book 35, Page 399, and recorded at Misc. Book 35, Pages 443, both being filed of record in the Whitley County Court Clerk’s Office and reference is made to said agreements for a more detailed description of the boundary line contained therein as if copied in full herein.        

(A copy of said Property Line Agreement is filed as Exhibit “F” to the Complaint.)

(3) That at the time of their respective deaths, George Canada and wife, Dora Canada, owned a tract of real property in Whitley County, Kentucky, which is more particularly bounded and described as follows;

Being a tract or parcel of land lying in Whitley County, Kentucky, on Sanders Creek, which was acquired by George Canada and wife, Dora Canada, by deed of Robert J. Chesnut and wife, Joyce Chesnut (a/k/a Robert J. Chestnut and wife, Joyce Chestnut); and Lee Croley and wife, Hazel Croley, dated May 14, 1980, which is duly recorded at Deed Book 284, Page 267, Whitley County Court Clerk’s Office, (The said Lee Croley and Hazel Croley having joined in this conveyance in order to release the lien retained on this property as shown by mortgage dated March 5, 1973, recorded in Mortgage Book 85, Page 365, Whitley County Court Clerk’s Office), containing 12.00 acres, more or less.  And bounded as follows, viz:

BEGINNING at an 8” hickory, a corner common to Canada and Chesnut;  thence S 80 degrees E 300 feet to center of dirt road;  thence with said road S 41 degrees 30’ E 100 feet to a stake;  thence S 16 degrees 30’ E 160 feet to a stake;  thence S 7 degrees W 100 feet to a stake;  thence S 57 degrees 30’ W 450 feet to a stake;  thence S 52 degrees E 487 feet to a stake;  thence S 29 degrees 30’ E 100 feet to a stake;  thence S 13 degrees E 494 feet to an 18” white oak;  thence N 75 degrees W 332 feet to a 10” maple;  thence N 8 degrees W 300 feet to a stake;  thence N 11 degrees 30’ W 96 feet to a stake;  thence N 18 degrees 15’ W 78 feet to an 8” pine;  thence N 53 degrees 15’ W 435 feet to a 7” poplar;  thence N 7 degrees 30’    E 725 feet to the Beginning.

(A copy of said deed is attached as Exhibit “G’ to the Complaint.)

PROPERTY ADDRESS:   5881 Highway 204 W, Williamsburg, KY 40769

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (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 sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  The prospective purchaser(s) of the property shall verify their ability to pay or secure the purchase price prior to bidding on said property.

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 1st day of July, 2014.

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-00166

L & N FEDERAL CREDIT UNION, PLAINTIFF VS: MICHELLE SMITH and SWADE SMITH, wife and husband, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 5, 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 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The personal judgment against the Defendant, Michelle Smith and an in rem judgment against the Defendant, Swade Smith, plus costs is as follows:

(1) The sum in the amount of $87,175.01, plus interest on the principal balance of $84,525.95 at the contract rate of 5.99% per annum from March 6, 2014 until paid. The additional sum of $4,401.61 plus interest on the principal balance of $4,208.94 at the contract rate of 6.875% per annum from March 6, 2014 until paid.

(2) The sum in the amount of 444.00 as costs herein expended; and attorney fees in the amount of $2,070.00, shall be reimbursed to the Plaintiff from the proceeds of the sale.

Property Address is: 205 Reasor Street, Corbin, KY 40701.

The following property located in Whitley County, Kentucky, to-wit:

Lot #3, Block “H” and part of Lot #1, Block “H” of the Ralph F. Reasor Subdivision to the City of Corbin, Whitley County, Kentucky.  The part of Lot #1, Block “H”, is more particularly described as follows: BEGINNING at a point in the right of way of Melody Lane NW. Said point being a corner between Lot #1 and Lot #3 in Block “H” of said subdivision; thence leaving the right of way of said Melody Lane NW and with the Lot #1 and Lot #3 property line, southwestwardly 125 feet to the back property line of Rains and Johnson; thence with the Rains and Johnson property line 30 feet to a point; thence northeastwardly 125 feet to a point in the right of way of said Melody Lane NW; thence with the right of way of said Melody Lane NW 30 feet to the point of beginning.  The above description being a rectangular tract of property 30 feet wide by 125 feet deep adjacent to Lot #3. 

The foregoing boundary included Lot #3, Block “H”, and a part of Lot #1, Block “H”, of the Ralph F. Reasor Subdivision to the City of Corbin, Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 1, page 266, in the office of the Whitley County Clerk at Williamsburg, Kentucky.

BEING ALL THE SAME LAND acquired by Michelle Smith by deed of conveyance from Ruby Delph, unmarried, dated February 28, 2005 and recorded in Deed Book 459, page 407, in the clerk’s office aforesaid.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within sixty (60) days with interest at 12% 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, and the purchase price is less than the amount of the Plaintiff’s judgment, then, and in that event, they 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 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 2014 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 1st day of July, 2014.

HOWARD O. MANN, MASTER COMMISSIONER          

WHITLEY CIRCUIT COURT

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