Legal Notices for 8/14/13, page 2

 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 29th day of July, 2013.

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-00080

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. EDWARD O. VEACH (in rem); ANGELA N. BANKS (in rem); UNKNOWN SPOUSE OF EDWARD O. VEACH (in rem); RUTH ROSE (in rem); BETTY WOODS (in rem); TAX EASE LIEN SERVICING LLC; and COUNTY OF WHITLEY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 3, 2013, 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 19, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Default Judgment against the Defendants, Edward O. Veach and Angela N. Banks and Ruth Rose (in rem), and Betty Woods (in rem), jointly and severally, plus costs is as follows:

(1) The principal sum in the amount of $61,401.47, plus interest through 04-30-13 in the amount of $4,854.34, plus late charges in the amount of $65.00, plus escrow in the amount of $114.02, plus attorney’s fees paid through 04-30-13 in the amount of $1,156.00, plus costs and services fees in the amount  of $679.40, plus advancements for protection of the property in the amount of $926.82, for a total in the amount of $69,197.05, together with interest at the rate of  8.74% per annum from April 30, 2013, 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 30, 2013.

(2) Also included in the sale is a 2010 Giles mobile home, VIN GM9510AB.

Property Address: 3772 Whetstone Road, Rockholds, Kentucky 40759.

Map #173-00-00-014.00

Edward O. Veach real estate at 3772 Whetstone Road, Rockholds, Whitley County, Kentucky, and more particularly described as follows:

Beginning on a stake by a small branch also corner of Albert Peace; thence with Peace line S 39-1/2º East 227 feet to a stake and fence in Billy Woods line; thence with Woods Line S 44º West 88 feet to a stake by a small branch also corner of Woods and Carl Griffith; thence down the branch with Griffith’s line N 40º West 226 feet to a stake by a small branch; thence with the branch N 44º East 88 feet to the beginning.

Also: There is a 16 foot wide roadway connecting this property with the Whetstone Road going with this conveyance.

BEING the same property conveyed to Edward O. Veach from Harold Lee Rose and Teresa Lynn Rose, his wife, and Carol Ann Rose Frazier, single, by deed dated May 5, 2006, of record in Deed Book 470, Page 474, 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 thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a 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 29th day of July, 2013.

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-00164

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. DORIS B. MAZANEC;  UNKNOWN SPOUSE, IF ANY, OF DORIS B. MAZANEC; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON BEHALF OF SECRETARY OF REVENUE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 17, 2013, 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 19, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Default Judgment against the Defendant, Doris B. Mazanec, plus costs is as follows:

(1) The principal sum in the amount of $111,133.97, plus accrued interest thereon at the Note rate of 6.75% starting from September 1, 2012 until paid, plus accrued interest, for any other charges which have accrued; and for its costs expended, plus attorney fees which are not included in this Judgment, but will be determined at a subsequent hearing.

(2) Also included in the sale is a 2006 Clayton manufactured home VIN: CAP020873TNAB which was converted to real property by Affidavit of Conversion recorded on October 20, 2009 in Miscellaneous Book 159, Page 716, in the Office of the Clerk of Whitley County, Kentucky.

Property Address: 608 Casey Road, Corbin, KY 40701, and more particularly described as follows:

Being Lot No. 7 of the Casey Ridge Subdivision as shown on Slide 527, Page 384, Whitley County Court Clerk’s Office, and subject to the Protective Covenants and Restrictions for Casey Ridge, LLC, filed December 28, 2006 in Miscellaneous Book 144, Page 189, Whitley County Court Clerk’s Office.

Being the same property conveyed to Doris B. Mazanec, by Deed dated December 29, 2006, being of record in Deed Book 474, Page 262, in the office of the Clerk of Whitley County, Kentucky.

TERMS OF SALE

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

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

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a 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 29th day of July, 2013.

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; 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 July 1, 2013, 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 19, 2013, 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) For the sum of $1,236.60 as of the dates of purchase, with interest thereon at the rate of twelve percent (12%) per annum until paid; and (2) costs and expenses herein expended, including any fees, penalties, and a reasonable attorney’s fee. The sum of $5,015.36 as of June 28, 2012, which constitutes principal in the amount of $1,236.60; interest in the amount of $714.34, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $12.36 per month until paid; administrative fees in the amount of $115.00 per certificate; pre-litigation attorney’s fees in the amount of $800.00; reasonable attorneys fees in the amount of $1,500.00 for prosecuting this foreclosure; and costs in the amount of $534.42 that have arisen due to prosecuting this collection.

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%.  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, Defendant/Counterclaimant / Cross-Claimant 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 29th day of July, 2013.

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-00200

FIRST STATE FINANCIAL, INC., f/k/a TOWN AND COUNTRY BANK, PLAINTIFF VS. ROBERTA DAVENPORT, a/k/a ROBERTA HOWARD, single; FORCHT BANK, NA; 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 July 1, 2013, 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 19, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Roberta Davenport, a/k/a Roberta Howard, plus costs, is as follows:

(1) The sum in the amount of $38,376.42 as of March 18, 2013, plus interest thereon at the rate of 6.5% per annum until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

(2) There is a 1995 26×67 Foxwood mobile home, VIN: MY9536039ABF, which shall be included with the real property.

PROPERTY ADDRESS:   200 Mountain View Road, Williamsburg, KY 40769.

MAP NO.: 109-00-00-027.01

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

BEGINNING at a stake in the edge of Mountain View Road, corner of Wilda Carr; thence with Mountain View Road S 15° 12’ 45” E 210 feet to a stake; thence in an eastern direction to a stake; thence N 01° 02’ 20” W 200 feet to an 18” steel “T” stake with cap stamped 1971; thence with Carr’s line S 89° 41’ 01” W 276.44 feet to the BEGINNING.

 BEING the same property conveyed to John Davenport and wife, Roberta Davenport, by deed from Michael Cusick and wife, Loretta Cusick, dated September 2, 1999, of record in Deed Book No. 412, Page 386, Whitley County Court Clerk’s Office.  John Davenport conveyed his interest in said real property to Roberta Davenport, a/k/a Roberta Howard, by deed dated August 1, 2012, recorded in Deed Book 509, Page 675 of the Whitley County Court Clerk’s Office.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days with interest at 12%.  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 court costs and expenses of the sale and 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 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 29th day of July, 2013.

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-232

Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP,  Plaintiff, VS. Rosa B. Carter, Defendant.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 3, 2013, 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 19, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Rosa B. Carter, plus costs, is as follows:

(1) The principal sum in the amount of $122,600.83, plus interest from 10/1/11 in the amount of $9,277.59, plus advancements total in the amount of $3,369.07, plus credits in the amount of ($205.46), for a total in the amount of $135,042.03, together with interest at the rate of 4.3750 percent per annum from the above ate until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,700.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

PROPERTY ADDRESS: 524 Forego Trail, Corbin, KY 40701.

Being Lot No. 207 of Tattersall Trails Estates in Whitley County, Kentucky, a map of plat of which is duly recorded in Map Book 3, Page 43, Whitley County Court Clerk’s Office and to which map reference is hereby made for a more full and complete description of said lot.

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

Being all of the same property Rosa B. Carter, a widow, acquired from Frank G. Errico, a widower by Deed dated November 5, 2010, recorded November 10, 2010 in Deed Book 498, Page 787, in the Office of the Recorder of Whitley County, Kentucky.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, 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 29th day of July, 2013.

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. 11-CI-00714

PILGRIM ENERGY, INC., PLAINTIFF, VS. JOANNE BLACK; UNKNOWN SPOUSE OF JOANNE BLACK; UNKNOWN HEIRS OF JOANNE BLACK; UNKNOWN DEVISEES OF JOANNE BLACK; UNKNOWN LEGATEES OF JOANNE BLACK; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY; AND TAXCO, LLC, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 17, 2013, 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 19, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, in rem, plus costs, is as follows:

(1) $75.78 being Pilgrim’s acquisition cost of the 2000 tax bill made the basis of this suit, plus $36.37, twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009; an administration fee of $100.00; and a pre-litigation attorney fees of $75.78; actual and reasonable attorney’s fees of $1,200.00; court costs and service costs, including Warning Order attorney fees of $521.39; and Master Commissioner, Advertising, Appraisers, Judicial Sale Administrative and additional fees and costs herein expanded.

(2) To secure Pilgrim the above listed recovery, Pilgrim is adjudged to have liens on the following described property:

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

A 0.00224 working interest in Lease Name Stanley Bertha, Lease Number 611033

A 0.00334 working interest in Lease Name Hensley Roy 2, Lease Number 623014

A 0.0015 working interest in Lease Name Clark Jack 2, Lease Number 623015

A 0.0015 working interest in Lease Name Bennett Alvin 1, Lease Number 623016

A 0.00334 working interest in Lease Name Hill Ray 1, Lease Number 623018

A 0.00334 working interest in Lease Name Sammy Hill 4, Lease Number 623028

A 0.00334 working interest in Lease Name Hill Sammy 5, Lease Number 623032

A 0.00334 working interest in Lease Name Wynn Willard, Lease Number 623034

A 0.00334 working interest in Lease Name Lester Darrell, Lease Number 623036

A 0.003591 working interest in Lease Name Chandler Raymond 1, Lease Number 623041

A 0.00334 working interest in Lease Name Bunch Henry Hrs 1, Lease Number 623043

A 0.0012 working interest in Lease Name Hill Ray 3, Lease Number 623052

A 0.0012 working interest in Lease Name James Reeves 1, Lease Number 623054

A 0.0012 working interest in Lease Name Hamblin Mont 1, Lease Number 623057

A 0.00174 working interest in Lease Name Gambrel Otto 1, Lease Number 623058

A 0.0012 working interest in Lease Name Wilson Calvin 2, Lease Number 623061

A 0.0016 working interest in Lease Name Pence Clyde 1, Lease Number 623063

A 0.0012 working interest in Lease Name Hendrickson GB, Lease Number 623064

A 0.0016 working interest in Lease Name Johnson Howard F 1, Lease Number 623065

A 0.0012 working interest in Lease Name Hill Louisa 1, Lease Number 623067

A 0.00224 working interest in Lease Name Mackey Cecil 1, Lease Number 623073

A 0.00286 working interest in Lease Name Woods Myrtle 1, Lease Number 623074

A 0.00286 working interest in Lease Name Berry Frank 1, Lease Number 623079

A 0.00286 working interest in Lease Name Woods Emma 1, Lease Number 623089

TERMS OF SALE

1. Pilgrim’s lien is on the undivided natural gas interest in the described property; however, since the oil and natural gas are indivisible in that one (oil) cannot be produced without producing the other, the Court has ordered the sale of the oil and natural gas interest owned by Joanne Black, together, free and clear of all liens and claims of the parties hereto. This lien is also deemed to cover the to any unpaid proceeds or royalties from the well(s) located on said Property, which shall also be sold along with the undivided oil and natural gas interest. Said mineral interest (undivided oil and natural gas) is indivisible and cannot be divided without materially impairing its value and said mineral interest 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%.  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 less than its Judgment, then, and in that event, they may take a credit upon its Judgment, and shall only be required to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes, pro rata, 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, and leases of record;

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

c. Any facts which an inspection and accurate survey or inspection 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 29th day of July, 2013.

HOWARD O. MANN, MASTER COMMISSIONER – WHITLEY CIRCUIT COURT

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