Legal Notices for 8/12/15

 

 Notice of Intention to Mine

Pursuant to Application Number 861-0528, Amendment #1

In accordance with KRS 350.070, notice is hereby given that Mountainside Coal Co., Inc.; 7692 South Hwy. 25W; Williamsburg, Kentucky 40769 has applied for an amendment to an existing permit for a surface/underground coal mining and reclamation operation located 1.7 miles northwest of the community of Permon in Knox and Whitley Counties, Kentucky.  The amendment will add 0.0 acres of surface disturbance and will underlie an additional 80.5 acres, for a total of 653.1 acres within the amended permit boundary.

The proposed amendment is approximately 1.6 miles northeast from HWY 1418’s junction with HWY 511 and located approximately 0.4 miles north of Cotton Creek. The Latitude is 36°48’52”N. The Longitude is 84°00’53”W.

The proposed amendment is located on the Barbourville & Rockholds U.S.G.S. 7½ minute quadrangle maps. The amendment will underlie land owned by Robert Brown & Kathy Brown, Hubert Grant & Arnold David Grant, Ray & Geneva Hill, David Logan & Tim Logan, Randy D. Mackey, Norma Lene Foley, Arthur Foley, David & Brenda Monhollen, Jack & Sadie Smith, Blair Farms, L.L.C., Kevin Holbrook and Gary Partin.

The amendment application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office; 1804 East Cumberland Avenue; Middlesboro, Kentucky 40965-1229. Written comments, objections, or requests for a permit conference must be filed with the Director; Division of Permits; #2 Hudson Hollow Road, U.S. 127 South; Frankfort, Kentucky 40601.

 

NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Denali Energy Group, 1140 Tanbark rd. Lexington, KY. 40505 has applied for a Phase 2&3 Bond Release on Permit Number 918-0430 which was last issued on June 2012.  The application covers an area of approximately 44.43 acres located 1.20 miles north of Louden in Whitley County.

 The proposed area is approximately 0.2 miles north from KY 1064’s junction with Poynter Road and located 0.5 miles east of Whetstone Creek. The Latitude is 36°46’08”and the Longitude is 84°02’20” and is located on the Rockholds U.S.G.S. 7 ½-minute quadrangle map.

The bond now in effect for increments 1,2,3 and 4 is a total of $37,400 which is cash bond,  Approximately 43% of the original bond amount of $87,600 is included in the application for release.

Reclamation work performed includes:  Backfilling, grading, fertilizing, seeding, and mulching was completed in April of 2011.

This is the final advertisement of the application. 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    September 11, 2015 @ 9:00am.

A public hearing on the application has been scheduled for September 14, 2015@ 9:00am 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 be canceled if no request for a hearing or informal conference is received by September 11 2015 @ 9:00am.

 

NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Denali Energy Group, LLC 1140 Tanbark rd., Lexington KY 40505 has applied for a Phase II and III Bond Release on Permit Number 918-0431 which was last issued on August 2011.  The application covers an area of approximately 34.4 acres located 1.20 miles north of Louden in Whitley County.

 The proposed area is approximately 0.2 miles north from KY 1064’s junction with Poynter Road and located 0.5 miles east of Whetstone Creek. The Latitude is 36°46’21”and the Longitude is 84°02’49” and is located on the Rockholds U.S.G.S. 7 ½-minute quadrangle map.

The bond now in effect for increments 1,2,3,4,5,6,7,8,9 is a total of $52,000 which is cash bond,  Approximately 45% of the original bond amount of $114,600 is included in the application for release.

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

This is the final advertisement of the application. 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    September 11, 2015 @ 10:00am.

A public hearing on the application has been scheduled for         September 14 2015@ 10:00am at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, Regional State Office Building, 1804 E Cumberland Ave, Middlesboro, KY 40965.  The hearing will be canceled if no request for a hearing or informal conference is received by September 11 2015 @ 10:00 A.M.

 

NOTICE:

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

Kenneth Wayne Hill, 3309 Brighton Place Drive, Lexington, KY 40509 was appointed Executor on 07/06/2015 for the estate of James Douglas Hill (deceased).

Melinda Bennett (now Cassidy), 274 N Highway 1223, Corbin, KY 40701 was appointed Executrix on 07/06/2015 for the estate of Donna Bennett (deceased).

James Edward Harris, 20 Meadowbrook Drive, Corbin, KY 40701 and Nicholas Harris, 300 8th Street, Corbin, KY 40701 were appointed Co-Executors on 07/13/2015 for the estate of Billy Edward Harris (deceased). Attorney for the Co-Executors is Jeffrey K. Hill, PO Box 1185, Corbin, KY 40702.

James Wesley Burnett, 7498 Northgate Drive, Hannah, South Carolina 29410 was appointed Administrator on 07/27/2015 for the estate of Lowell Steven Burnett (deceased). Attorney and local agent for the Administrator is Marilyn Benge McGhee, PO Box 1408, London, KY 40743-1408.

Coy R. Evans, 161 Texas Avenue, Corbin, KY 40701 was appointed Executor on 07/27/2015 for the estate of Sarah Evans (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 31st day of July, 2015.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

NOTICE:

Jeff Manus has filed a partial settlement for the estate of George Manus.

Debbie Parsons has filed a periodic settlement for the estate of Harold Onkst.

Exceptions, if any, must be filed prior to September 1st, 2015.

The hearing will be held at Whitley District Court, 805 South Main  Street, Corbin, KY 40701.

Given under my hand this 31st day of July, 2015.

GARY W. BARTON

WHITLEY CIRCUIT/DISTRICT COURTS

WILLIAMSBURG, KY 40769

 

REQUEST FOR CONSULTING ENGINEERING SERVICES

The Williamsburg- Whitley County Airport Board is hereby soliciting statements of qualifications and experience from airport engineering consultants for a Continuing Services Agreement for the Williamsburg-Whitley County Airport in Williamsburg, KY. The terms of the agreement may extend for a period of up to five (5) years and include multiple projects. Subject to receipt of Federal and/or State funds, these projects may include, but are not limited to, design, planning. environmental analysis, grant management and administration, construction administration, construction observation, bidding, contract negotiations, and special services required for projects funded by FAA grants. The selection of a consultant, in concert with FAA regulations, shall be based upon a comparative analysis of the professional qualifications necessary for satisfactory performance of the services required.

Selection criteria will include: firm background; relevant project experience; team members’ experience, client references, evidence of firm’s Equal Opportunity Employment Policy and past performance meeting professional services DBE goals. Please submit 6 copies of qualifications. Limit submission to 25 pages.

A qualification based selection process conforming to the FAA Advisory Circular 150/5100-14D will be utilized. Fee information will not be considered in the selection process and must not be submitted with the statement of qualifications.

Detailed scope of work and fees will be negotiated as individual projects arise. Statements of qualifications will be received by the Williamsburg-Whitley County Airport Board, 1000 Airport Blvd., Williamsburg, KY 40769 until August 31, 2015 at 2:00 p.m. Eastern Time.

For further information or questions, please contact: Mr. Rich Prewitt, Acting Chairman, Williamsburg-Whitley County Airport Board, 1000 Aviation Blvd., Williamsburg, KY 40769 at 606-549-2688.

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION II

CIVIL ACTION NO. 14-CI-00469

WHITAKER BANK, INC., SUCCESSOR-IN-INTEREST TO UNION PLANTERS BANK, NA, PLAINTIFF VS: THE ESTATE OF CHARLOTTE TRUAX, DECEASED, BY ITS PUTATIVE EXECUTRIX, DANIELLE O’DELL MILSPAUGH, and INDIVIDUALLY, AND HER UNKNOWN SPOUSE IF ANY; SARA O’DELL EDWARDS, AND HER UNKNOWN SPOUSE, IF ANY; SHEILA K. O’DELL, AND HER UNKNOWN SPOUSE, IF ANY; DEBBIE S. GREENE, AND HER UNKNOWN SPOUSE, IF ANY; DONALD O’DELL, AND HIS UNKNOWN SPOUSE, IF ANY; TERESA BAYNARD, AND HER UNKNOWN SPOUSE, IF ANY; UNKNOWN HEIRS AND NEXT OF KIN OF CHARLOTTE TRAUX, DECEASED: 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 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, August 17, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem judgment against the Defendant, the Estate of Charlotte Truax, deceased, plus costs, is as follows:

(1) The sum in the amount of $16,274.79 as of May 22, 2015, plus interest at the rate of 6% per annum until the date of judgment and thereafter at the maximum judgment rate plus Court costs and reasonable attorney fees, until paid.

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

Property Address:  504 Chestnut Street, Corbin, KY 40701.

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

BEGINNING on a light pole in N.W. edge of Chestnut Street, a corner of O’Bannon; thence with his line, N 57 ½ W. 100 feet to an iron stake, a corner of Walker; thence with Walker’s line S. 39 ½ W. 50 feet to an iron stake, a corner of Jack Green, thence with Green’s line S. 57 ½ E. 100 feet to a stake on West edge of property line of Chestnut Street; thence with said Street N. 39 ½ E. 50 feet to the BEGINNING.

This being the same property conveyed to Charlotte Truax from Phyllis An Cummins, herein by Deed dated October 13, 1999, and recorded October 15, 1999 in deed Book 413 at Page 68 of the Whitley County 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-five (35) 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 28th day of July, 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-00738

US Bank NA as Legal Title Trustee for Truman 2013 SC4 Title Trust Title Vested in Name of US Bank NA as Legal Title Trustee for Truman 2013 SC4 title Trust, Plaintiff, VS. Ralph W. Morgan a.k.a. Ralph Morgan; Linda Morgan, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 17, 2014, and an Notice of Termination of Automatic Stay entered 04/30/15 in U.S. Bankruptcy Court, Eastern District of Kentucky, being Case #15-60030, and subsequent Order entered of record on June 12, 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, August 17, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Ralph W. Morgan a.k.a. Ralph Morgan and Linda Morgan, plus costs, is as follows:

(1) The principal sum in the amount of $48,915.19, plus interest from 6/1/2013 in the amount of $2,417.31, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $255.12, plus late charges in the amount of $42.57, plus property inspections in the amount of $34.50 for a total (excluding attorney fees) in the amount of $51,664.69, together with interest at the rate of 4.8750 percent per annum from the date above until paid; plus late charges, advances for taxes and insurance, and its costs herein expended, including attorney’s fees in the amount of $1,700.00, plus any other fees expended for services performed in connection with the Defendant’s default and for the purposes of protecting Plaintiff’s interest in the property and its rights under the terms of the Note and Mortgage.

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

Property Address: 1343 Frankfort School Road, Corbin, KY 40701

BEGINNING at a stake on the west side of the Frankfort School Road; thence West 110 feet to an oak at the Boyde Heirs line; thence North 660 feet with the Boyde heirs line to a large oak tree on the Frankfort School Road; thence South with the Frankfort School Road back to the BEGINNING stake.

BEING ALL OF THE SAME LAND acquired by Ralph Morgan and Linda Morgan, husband and wife, from Kimberly Lynn Ellis and Jeffery Ellis, husband and wife, by a deed of conveyance dated August 3, 2002 and recorded August 5, 2002 in Deed Book 437, page 81, 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 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 28th day of July, 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-00435

COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. MARGIE CANADA and LLOYD CANADA, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 26, 2015, and a subsequent Order entered of record on June 3, 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, August 17, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Margie Canada and Lloyd Canada, plus costs is as follows:

(1) The principal sum in rem of $30,833.87, plus unpaid interest of $2,207.19, plus forced place insurance of $923.78, plus other fees of $11,740.71 for a total payoff of $45,831.08, plus interest and accruing daily at a rate of $8.3508398 (as of June 13, 2014).

(2) There is included with the real property a 1990 Fleetwood 24 X 52 MobileHome; VIN#: TNFLL27A02834GB.

Property Address: 146 Francie Canada Road, Williamsburg, KY 40769.

 All that parcel of land in Whitley County, Commonwealth of Kentucky, as described in Deed Book 339, Page 369, ID#073-00-00-013.01, being known and designated as follows:

Containing one lot acres, more or less and bounded as follows viz:

Beginning on a triple black oak in the Jim Walker fence rowe; thence northward 245 feet to a red oak in edge of field; thence eastward 175 feet to a stake in the field; thence southward 124 feet to a large white oak in the fence row; thence with the fence row southwestward 205 feet to the point of beginning.

By fee simple deed from Harold Canada, single as set forth in book 339 page 369 dated 02/13/1990 and recorded 04/09/1990, Whitley County records, Commonwealth of Kentucky.

EASEMENT:

Also conveyed hereby is a fifteen (15’) foot wide easement for the purpose of ingress and egress from Francie Canada Road through the real property more particularly descibed in Deed Book 473, Page 637 of the Whitley County Court Clerk’s Office to the real property described in Deed Book 339, Page 369 of the Whitley County Court Clerk’s Office. Said easement shall follow the current driveway across the real property described in Deed Book 473, Page 637 of the Whitley County Court Clerk’s Office.

Being the same property conveyed to Lloyn N. Canada and Margie Canada, married, by Strawman Deed dated June 11, 2012 and recorded in Deed Book 513, Page 360, in 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 (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 purchaser is a party to his action, and is adjudged to have a lien on the particular tract or parcel of real property, then, and in that event, said party shall not be required to make any cash deposit or bond. In the event said party is a junior lienholder other than the Plaintiff then at the end of the thirty (20) days, said party shall pay the full purchase price.

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

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the fiscal year 2014 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 28th day of July, 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-00050

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF. vs. LARRY REED; UNKNOWN SPOUSE OF LARRY REED; CAMELOT EAST; COMMONWEALTH OF KENTUCKY, 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 1, 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, August 17, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, Larry Reed, plus costs is as follows:

(1) The sum of $37,150.69 as of December 25, 2014, with interest thereon at the contract rate of 9.5% per annum until the date of entry hereof, and thereafter at the contract rate, until paid.

(2) Also included in the sale is a 2006 Clayton Mobile Home, Serial No. CWP016142TN.

Property Address:  115 Savoy Church Road, Williamsburg, KY 40769.

Being a certain tract or parcel of land lying in Whitley County, Kentucky, on the waters of Clear Fork River, and being a part of the same property conveyed to Margaret White and Dorothy Hines, as tenants by the entireties with right of survivorship, (Margaret White is deceased having died on February 8, 2003) from Margaret White, unmarried, by Warranty Deed dated May 12, 2000, and recorded in the Whitley County Clerk’s Office in Deed Book 452, Page 584, and bounded and described as follows, viz:

Beginning on a stake in the north side of Savoy Church Road, thence a westwardly direction along said Savoy Church Road 50 feet to a stake; thence a northwardly direction 150 feet to a stake; thence a eastwardly direction 50 feet to a stake; thence a southwardly direction 150 feet to the point of beginning.

Being the same property conveyed to Larry Edward Reed by General Warranty Deed recorded November 23, 2005, in Deed Book 465, Page 461, 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 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 forty-five (45) 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 2015 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 28th day of July, 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-625

Wells Fargo Bank, N.A., Plaintiff, VS. Albert Thornberry; April Thornberry; PNC Bank, National Association; Conseco Finance Service Corp., Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 6, 2014, and subsequent Orders entered on August 4, 2014, November 3, 2014, and April 6, 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, August 17, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Albert Thornberry and April Thornberry, plus costs, is as follows:

(1) The principal sum in the amount of $73,498.64, plus interest from 11/1/12 in the amount of $4,999.95, plus hazard insurance in the amount of $469.43, plus taxes in the amount of $322.70, for a total in the amount of $79,290.72, together with interest at the rate of 6.5000 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 $1,450.00, 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.

(2) There is a manufactured home described as being a Make: 2000 HOME, Model Legacy, Color Unknown with a VIN: HL58781ABAL and Title #: 123191180058, that is located on the property and is permanently affixed to the land and will be sold together with the land.

Property Address: 260 Casey Road, Corbin, KY 40701.

PIDN: 069-00-00-023.04

A certain tract or parcel of land located on the South side of an unnamed county road in Whitley County, Kentucky, approximately 0.3 miles from the junction of the unnamed county road and Stoney Fork Road.

Beginning at an iron pin set on the South right-of-way of an unnamed county road, said pin being North 73 degrees 41 minutes 08 seconds for a distance of 547.14 feet from the corner of Mack Withrow (Deed Book 403, Page 612) and Larry Wilson (Deed Book not on record) and said pin being a new corner with Warren Hale (Deed Book 394, Page 089); thence with the right-of-way of an unnamed county road 82 degrees 25 minutes 58 seconds East for a distance of 232.72 feet to an iron pin found; thence with the right-of-way North 83 degrees 14 minutes 40 seconds East for a distance of 129.48 feet to an iron pin found; said pin being a corner with Warren Hale (Deed Book 394, page 069) ; thence leaving the right-of-way with a new division line of Hale, South 05 degrees 18 minutes 03 seconds East for a distance of 142.11 feet to an iron pin set, said pin being a new corner with Hale; thence with a new division line of Hale, South 53 degrees 45 minutes 28 seconds West for a distance of 118.18 feet to an iron pin set being a new corner with Hale; thence with the new division line of Hale, South 48 degrees 17 minutes 31 seconds West for a distance of 107.21 feet to an iron pin set, said pin being a new corner with Hale; thence with the new division line of Hale, North 79 degrees 21 minutes 38 seconds West for a distance of 94.06 feet to an iron pin set, said pin being a new corner with Hale; thence with a new division line of Hale, North 74 degrees 43 minutes 18 seconds West for a distance of 209.24 feet to an iron pin set, said pin being a new corner with Hale; thence with a new division line of Hale, North 29 degrees 53 minutes 24 seconds East for a distance of 185.43 feet to an iron pin set, which is the point of beginning.

The above described having an area of 2.0000 acres as surveyed by Bobby Hudson, LPLS 1263 on August 29, 2000, and being a portion of the property conveyed to Warren Hale, by Deed recorded in Deed Book 326, Page 069, records of the Whitley County Court Clerk’s Office at Williamsburg, Kentucky.

All corners or witness monuments referred to herein as iron pins set are one-half inch rebar 18 inches long and capped with an orange cap marked LS 1253, except otherwise noted. All bearings are referenced to the magnetic meridian.

This property is subject to any and all rights-of-way and/or easements of record and/or in existence at this time and regulations that may apply through planning and zoning.

Being the same property conveyed to Albert Thornberry and April Thornberry, husband and wife, from Warren C. Hale and Oreita Hale, husband and wife, by Deed dated August 8, 2000 and recorded August 17, 2000 in Deed Book 420, Page 653, records 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 (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 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 28th day of July, 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. 10-CI-00410

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF, VS. UNKNOWN SPOUSE OF CLEO R. THOMPSON, DECEASED; RICHARD THOMPSON and UNKNOWN SPOUSE; BILLY THOMPSON and UNKNOWN SPOUSE; DREW THOMPSON and UNKNOWN SPOUSE; ANJA THOMPSON and UNKNOWN SPOUSE; SARAH THOMPSON and UNKNOWN SPOUSE; AMY LEE SCHNAPF and UNKNOWN SPOUSE; TOBIN FOSTER and UNKNOWN SPOUSE; COLBY FOSTER and UNKNOWN SPOUSE; KENTUCKY TAX COMPANY, LLC; THE 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 4, 2015 (and in reference to Orders entered of record February 2, 2015, December 1, 2014 and November 3, 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, August 17, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Summary Judgment against the Defendant, Amy Lee Schnapf, plus costs is as follows:

(1) The sum in the amount of $240.10 for acquisition costs of the 2008 tax bill, plus twelve percent (12%) interest per annum from the date of the Plaintiff’s acquisition of said bill of August 24, 2009; plus an administration fee of $100.00; plus pre-litigation attorney fees of $79.50; plus the sum of $206.45 for acquisition costs of the 2007 tax bill, plus twelve percent (12%) interest per annum from the date of the Plaintiff’s acquisition of said bill of August 20, 2008; plus an administration fee of $100.00; plus pre-litigation attorney fees of $2046.45; plus title search fees of $400.00; plus court costs, litigation expenses, service fees and warning order attorney fees totaling $2,092.83; plus fees previously paid to Master Commissioner, Howard Mann in connection with the prior canceled sale totaling $2,413.44; and litigation attorney fees totaling $7,222.11.

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

Property Address: 507 West Fifth Street, Corbin, Kentucky 40701. 

Lot No. 27 in Block No. 78 of the Hawkins Addition to the town of Corbin, Whitley County, Kentucky, and bounded as follows:

BEGINNING at a stake at the southeast corner of Fifth and Sycamore Streets; thence southward with the east line of Sycamore Street 130 feet to an alley; thence with said alley eastwardly 65 feet to a stake at corner of Lot No. 26; thence northwardly with said lot 130 feet to a stake in south line of Fifth Street and corner of Lot No. 26; thence with said street westwardly 65 feet to    the BEGINNING.

Being all the same property acquired by George W. Thompson and Cleo           Thompson by Deed dated July 1, 1955 and recorded in Deed Book 188 at Page 331, records of the Whitley County 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 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 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 28th day of July, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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