Legal Notices for 8/25/10, page 4

 

THE FOLLOWING DESCRIBED PROPERTY IN WHITLEY COUNTY, KENTUCKY, WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING LOT NO. 30 IN THE OAKLAWN SUBDIVISION TO THE CITY OF CORBIN, KENTUCKY, A MAP OR PLAT OF WHICH DULY APPEARS OF RECORD IN MAP BOOK 2, PAGE 60, WHITLEY COUNTY COURT CLERK’S OFFICE, AND TO WHICH REFERENCE IS HEREBY MADE FOR A MORE FULL AND COMPLETE DESCRIPTION OF SAID LOT. TAX ID #119-40-02-022.00

TIM AND BETH CORDELL, HUSBAND AND WIFE, FOR AND DURING THEIR JOINT LIVES WITH SURVIVORSHIP RIGHTS, WITH THE REMAINDER IN FEE SIMPLE TO THE SURVIVOR OFTHEM BY DEED FROM CHARLES E. MOORE AND EULENE P. MOORE AS SET FORTH IN BOOK 460 PAGE 399 DATED 04/11/2005 AND RECORDED ON 04/14/2005, WHITLEY COUNTY RECORDS.

Said property address is:  488 Oaklawn Circle, Corbin, Kentucky 40701.

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 with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of August, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 10-CI-00158

NATIONSTAR MORTGAGE LLC, PLAINTIFF, VS. MARK TROSPER, ET AL., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on  June 14, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 13, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Mark Trosper and Angela Trosper, plus costs, are as follows:

(1) The principal sum of $69,498.97, plus interest on the principal sum at the rate of 7% per annum from June 1, 2009 until paid, plus costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate. 

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

THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF KENTUCKY, COUNTY OF WHITLEY, CITY OF CORBIN, AND DESCRIBED AS FOLLOWS:

BEGINNING AT A STAKE ON MCKINLEY STREET BEING A DISTANCE OF 200 FEET FROM CLEVELAND STREET NORTHWARDLY; THENCE S. 65 DEGREES 30 MINUTES W. 100 FEET TO A STAKE; THENCE N. 24 DEGREES 30 MINUTES W. 125 FEET TO A STAKE; THENCE N. 65 DEGREES 30 MINUTES E. 100 FEET TO A STAKE; THENCE S. 24 DEGREES 30 MINUTES E. 125 FEET TO A STAKE AT THE BEGINNING.

Being the same property conveyed to Mark Trosper and Angela Trosper, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from United Companies Lending Corporation, by and through Integrated Asset Services, Inc., as Attorney in Fact, filed February 11, 2000, recorded in Deed Book 415, Page 600, County Clerk’s Office, Whitley County, Kentucky

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

Commonly known as: 1394 McKinley Avenue, Corbin, KY 40701.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of August, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 08-CI-00837

PHH MORTGAGE CORPORATION DBA CENTURY 21 MORTGAGE, PLAINTIFF, VS. MARGARET E. MEADOWS AKA MARGARET MEADOWS; ZACHARY M. MEADOWS AKA ZACHARY MEADOWS, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 5, 2009, and subsequent Order on July 6, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 13, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Margaret E. Meadows aka Margaret Meadows and Zachary M. Meadows aka Zachary Meadows, plus costs, are as follows:

(1) The principal sum of $49,585.94, plus interest on the principal sum at the rate of 8.20000% per annum from July 1, 2008, until paid, plus costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate.

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

Situate and located in Whitley County, Kentucky, which is more particularly described as follows, to-wit:

Beginning at a stone in east side of Madison Street; thence in an eastern direction with adjoining property owner’s line about 145 feet; thence in a southern direction with east line of Lot #11, 50 feet from a stone; thence in a western direction and parallel to the 145 foot line mentioned above, about 135 feet to a stone in the west line of Lot #15; thence northward 50 feet to the beginning.

Subject to any and all easements, restriction, conditions, and legal highways of record and/or in existence.

Being the same property conveyed from Lillian Stinchcomb by Clara Joyce Helton, her Attorney in Fact, to Margaret E. Meadows, and her husband, Zachary Meadows, by virtue of a deed dated 10/22/2003 and recorded on 10/24/2003 at Deed Book 447, Page 657, of the Whitley County, Kentucky, real estate records.

Said property address is:  1509 Madison Street, Corbin, Kentucky 40701.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down with the balance in 60 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of August, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00794

PHH MORTGAGE CORPORATION DBA PHH MORTGAGE SERVICES, PLAINTIFF, VS. DEBORAH MITCHELL AKA DEBORAH L. MITCHELL AND UNKNOWN SPOUSE, IF ANY, OF DEBORAH MITCHELL AKA DEBORAH L. MITCHELL AND HOMETOWN BANK OF CORBIN, INC., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on July 6, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, September 13, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Deborah Mitchell aka Deborah L. Mitchell, plus costs, are as follows:

(1) The principle sum in the amount of $63,332.99, plus interest on the principal sum at the rate of 6.500% per annum from April 1, 2009, plus costs and fees, plus reimbursement for attorney’s fees, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate.

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

BEGINNING at a stake in the south line of Third Street 130 feet west of the southwest corner of Third and Poplar Street; thence with South line of Third Street about 79 feet to E. O. Blankenship’s northeast corner; thence S. 14 12” E. 105 feet to a stake, George Brown’s now Crawford’s line; thence N. 75 13 E. about 79 feet to Wolfington’s line; thence N. 14, 12 W. with said Wolfington’s line 105 feet to the BEGINNING.

It is agreed that a private alley eight feet wide shall be maintained for Third and Fourth Street along the east side this lot for the private use of the owners of the property which adjoins said alley.

Being the same land conveyed to Deborah L. Mitchell by deed from Russell L. Wagers, et al, dated June 28, 2002, and of record in Deed Book 436, Page 59, Whitley County Clerk’s Office.

Said property address is: 307 West Third Street, Corbin, Kentucky 40701.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of August, 2010.

HOWARD O. MANN

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 09-CI-00854

WHITAKER BANK, INC., PLAINTIFF, VS. GREGORY WILCHECK AND WIFE, DEBRA WILCHECK AND WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 19, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 13, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Gregory Wilcheck and Debra Wilcheck, plus costs, are as follows:

(1) The principal sum in the amount of $1,155,170.81 as of November 5, 2009, plus interest at the rate of 6.0% per annum until the date of judgment and post-judgment interest at the rate of twelve (12%) percent per annum against Defendant, Gregory Wilcheck, plus reasonable attorney’s fees in the amount of $1,750.00, plus other costs and fees in this action.

The property to be sold is as follows:

TRACT 2: BEGINNING at a ½ inch steel pipe found on the northwest bank of Bark Camp Creek, a corner to William Daniels (DB 465, PG 780), Tattersall Trails Estates (Plat Cabinet Slide 206) and the tract described herein; thence with the Tattersall Trails Estate line the following calls: S00-42-03 W, 78.46 feet to a steel stake found (“3358”), S00-30-06 W, 254.60 feet to a steel stake set, a new corner to Rupert Sherratt (DB 465, PG 476) and the tract described herein; thence severing the Rupert Sherratt property N 84-27-25 W, 142.95 feet to a point in the center of Bark Camp Creek, bearing N 82-27-25 W,  11.71 feet from a steel stake set, a corner to William Daniels and the tract described herein, thence with the creek centerline the following calls:  N26-52-49 E, 28.01 feet; N 09-09-06 W, 35.71 feet; N 07-24-55 E, 36.98 feet; N 37-55-16 E, 33.50 feet; N 31-30-59 E, 47.84 feet; N 69-22-57 E, 18.64 feet; N 25-42-26 E, 19.82 feet; N 04-46-58 W, 28.88 feet; N 36-04-25 E, 58.50 feet; N 28-47-57 E, 62.35 feet back to the point of beginning, containing 0.63 acres, more or less, all according to a survey performed by Grande Engineering, conducted by Edvard Grande, Kentucky Licensed Professional Land Surveyor No. 3276, on February 2, 2006.

Being the same real property conveyed to Greg Wilcheck and wife, Debbie Wilcheck, by deed from Rupert Sherratt and wife, Jeanne Martin, dated April 8, 2006, of record in Deed Book no. 468, Page 297, 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 10% cash down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of August, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616 

 

NOTICE TO TERRY SMITH D/B/A TINY TRACTOR SERVICE, LLC

To, Terry Smith d/b/a Tiny Tractor Service, LLC, I have been appointed Warning Order Attorney to notify you of Civil Action No. 10-CI-00436, W.D. Bryant & Son, Inc. vs. Terry Smith and Tamara Smith dba Tiny Tractor Service, LLC, Hometown Bank of Corbin, and Whitley County, Kentucky, Whitley Circuit Court.

You have fifty days from July 12, 2010 to file an answer or other pleadings in this case, or judgment may be taken against you.

DAVID O SMITH, ATTORNEY AT LAW

208 GORDON ST, CORBIN KY 40701

 

NOTICE OF ADMINISTRATIONIN THE MARION SUPERIOR COURT 8, PROBATE DIVISION

In the matter of the Estate of Sally A. Gilmer, deceased.

Cause Number 49D08-1007-ES-033214

Notice is hereby given that Peter L. Winters, M.D., was on July 28, 2010, appointed Personal Representative of the estate of Sally A. Gilmer, deceased, who died on March 25, 1997.

All persons having claims against said estate, whether or not now due, must file the same in the office of the Clerk of this Court within three (3) months from the date of the first publication of this notice, or within nine (9) months after the decedent’s death, whichever is earlier, or said claims will be forever barred.

Dated at Indianapolis, Indiana this July 28, 2010.

Elizabeth L. White, Clerk of the Marion Superior Court

 

NOTICE OF PHASE III BOND RELEASE

PURSUANT TO PERMIT 918-0379 Increment’s 1, 2, 3 & 5

In accordance with the provisions of KRS 350.093, notice is hereby given that Candle Ridge Mining, Inc., 517 Beechwood Drive, London, KY 40744, has applied for Phase III bond release on permit number 918-0379 Increment’s 1, 2, 3 & 5 which was last issued on October 1, 2001.  The application covers an area of approximately 38.9 acres located 2.2 miles north of Louden in Whitley County.

The permit area is approximately 1.5 miles south from St. Rt. 779 junction with St. Rt. 1064 and located on Whetstone Creek.  The Latitude is 36° 47’ 09”.   The Longitude is 84° 02’ 48”.

The bonds now in effect for the permit are Letter of Credit in the amount of $40,800. Approximately 50% of the original bond amount of $79,300 is included in the application for release.

Reclamation work performed includes: Backfilling, grading and final seeding.  Trees were planted in October 2000.

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 October 1, 2010.

A public hearing on the application has been scheduled for October 4, 2010 at 9:00 A.M. at the Department for Natural Resources, Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965.  The hearing will be canceled if no request for a hearing or informal conference is received by October 1, 2010.

 

NOTICE OF HEARING

WHITLEY COUNTY BOARD OF EDUCATION

The Whitley County Board of Education will hold a public hearing at the Whitley County Board of Education Central Office on September 1, 2010 at 6:00 p.m. to hear public comments regarding a proposed tax levy of 38.6 cents for real property and 43.3 cents for personal property.

The General Fund tax rate levied in fiscal year 2010 was 38.6 cents for real property and 43.3 cents for personal property and produced revenue of $2,805,021.  The proposed General Fund tax rate of 38.6 cents for real property and 43.3 cents for personal property is expected to produce $2,795,336.  Of this amount, $322,636 is from new and personal property.  The compensating tax rate for 2011 is 39.8 cents on real property and 42.3 cents on personal property and is expected to produce $2,862,997.

The General Assembly has required publication of this advertisement and the information contained herein.

 

NOTICE OF PUBLIC HEARING

The Public Service Commission of Kentucky will hold a public and an evidentiary hearing on September 8, 2010, beginning at 10:00 a.m., Eastern Daylight Time, in Hearing Room 1 of the Commission’s offices, located at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of receiving public comment and allowing the cross-examination of the witnesses of Applicants and Intervenors in Case Nos. 2010-00204, 2010-00205, and 2010-00206, which were filed concurrently.  Case No. 2010-00204 is the Joint Application of

PPL Corporation, E.ON AG, E.ON US Investments Corp., E.ON U.S. LLC, Louisville Gas and Electric Company (“LG&E”), and Kentucky Utilities Company (“KU”) for Ap-proval of an Acquisition of Ownership and Control of Utilities, and Case Nos. 2010-00205 and 2010-00206, are Applications of LG&E and KU, respectively, for an Order Authorizing the Restructure and Refinancing of Unsecured Debt and the Assumption of Obligations and for Amendment of Existing Authority.

LOUISVILLE GAS AND ELECTRIC COMPANY

KENTUCKY UTILITIES COMPANY

220 West Main Street, Louisville, Kentucky