Legal Notices for 8/14/13, page 3

 

 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