Legal Notices for 8/26/09, page 1

 

 NOTICE TO UNKNOWN SPOUSE OF CHARLES L. BOYD, II

To, The Unknown Spouse of Charles L. Boyd, II, I have been appointed Warning Order Attorney to notify you of Civil Action No. 09-CI-00527, Branch Banking & Trust Company vs. Charles L. Boyd, II and the Unknown Spouse of Charles L. Boyd, II, Whitley Circuit Court.

You have fifty days from July 13, 2009 to file an answer or other pleadings in this case, or judgment may be taken against you.

DAVID O. SMITH, ATTORNEY-AT-LAW, PO BOX 699, CORBIN, KY 40702

 

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 3, 2009 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 2009 was 38.6 cents for real property and 43.8 cents for personal property and produced revenue of $2,251,360.  The proposed General Fund tax rate of 38.6 cents for real property and 43.3 cents for personal property is expected to produce $2,409,164.  Of this amount, $344,653 is from new and personal property.  The compensating tax rate for 2010 is 38 cents on real property and 41.7 cents on personal property and is expected to produce $2,440,097.

The general areas to which revenue or $188,737 above 2009 revenue is to be allocated are as follows: Cost of Collections, $7,549; instruction $181,188.

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

 

PUBLIC NOTICE OF BLASTING SCHEDULE

Davenport Coal Company, LLC, P. 0. Box 856, Jellico, TN 37762, telephone 423-912-3700, shall conduct blasting operations on its 24.3 acre surface mine permit located approximately three miles east of Lot in Whitley County, and located 0.6 mile northeast of Lot-Mud Creek Road’s junction with Doc Siler Road.

The latitude is 36° 36’ 32” the longitude is: 84° 02’ 01”. The surface area on which blasting operations will be conducted is owned by Michael E. Holt, Debra Chapman, Ava Dee Vanderpool, Robert Jones, Maggie Lay Hartle, Charles C. Siler, and Harry Siler.

Blasting Operations will begin 8-23-2009. Blasting will be conducted each day Monday through Saturday during daylight hours. No blasting will be conducted after official sunset. This schedule shall be in effect from 8-23-2009 to 8-23-2010.

Any major alterations to the blasting scheduled will be published. Unscheduled blasting may occur in emergency situations when rain, lightning or other atmospheric conditions or operator or public safety requires unscheduled detonation. The nearby residents will be notified of the unscheduled blast by the most appropriate means and the blast shall then proceed as a regular blast. Control of the blasting area will be maintained by blocking access roads to the area minutes prior to the blast. Post-detonation access to the blasting area will be allowed only after an inspection and determination that no hazard exists. A warning signal will be given, that consists of a one minute series of long blasts of a siren, sounded five (5) minutes prior to the blast signal. The blast signal will consist of a series of short siren blasts given one (1) minute prior to the detonation of the shot. A post-detonation all-clear signal, consisting of a prolonged siren signal, will follow the inspection of the blast site. These signals will be audible within one half mile of the blasting site and will be given with a siren. This notice is published pursuant to CFR 715.19 Surface Mining and Reclamation and Enforcement Provisions and KRS 350.220 and the regulations relating thereto. The Kentucky DNR Permit Number is 918-0401.

 

NOTICE OF INTENTION TO MINE  

Pursuant to Application 918-0412

 In accordance with the provisions of KRS 350.055, notice is hereby given that Mountainside Coal Company, Inc.,7692 South Highway 25W, Williamsburg, KY 40769, has applied for a permit for a surface coal mining and reclamation operation affecting 200.0 acres located 1.5 miles northwest of Frakes in Whitley County.

The proposed operation is approximately 0.45 mile northeast of State Route 1595’s junction with Mud Creek Road and located 0.25 mile northwest of Pine Mountain. 

 The proposed operation is located on the Frakes U.S.G.S. 7 ½ minute quadrangle map.  The operation will use the area, contour and auger methods of surface mining.  The surface area to be disturbed is owned by Tommy Stewart, Charlisa Stewart, Tommy Gambrel, Ethel Gambrel and TKY Acquisition, LLC. 

The application has been filed for public inspection at the Division of Mine Reclamation and Enforcement’s Middlesboro Regional Office, 1804 E. Cumberland Ave., Middlesboro, Kentucky  40965.  Written comments, objections or requests for a permit conference must be filed with the Director of the Division of Mine Permits#2 Hudson Hollow Complex, U.S. 127 South, Frankfort, Kentucky  40601.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 09-CI-00315

 

COMMUNITY TRUST BANK, INC., PLAINTIFF,

VS.

ASHTON MICHELLE CRAIG, EDWARD CRAIG 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 13, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 14, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Ashton Michelle, Edward Craig and Edward Craig, plus costs, are as follows:

(1) The sum of in the amount of $11,545.71 plus unpaid interest of $788.81, plus other fees in the amount of $1,245.02, plus other fees in the amount of $1,164.50 for a total payoff in the amount of $12,254.00, plus interest at a rate of 8.630% per annum until paid in full.  Interest accrues at $2.7677633 daily (as of April 10, 2009).

The property to be sold is as follows:

A certain tract or parcel of land lying in the Community of Corbin, Whitley County Kentucky and being a portion of the same tract of land conveyed to Harold Craig by deed dated November 8th, 1993 and recorded in Deed Book 376 at Page 690, records of the Whitley County Court Clerk’s Office and more particularly described as follows:

Beginning on a set iron pin and cap in a line common to (now or formerly) George Bennett (DB 370 pg 705), said pin also being located N 81-46-17 E 460.72 feet from an iron pin and cap in the Eastern edge of Nolan Drive, which is located approximately 1600 feet Southeast of the Intersection of Nolan Drive and Black Diamond Road, thence with the line common to said Bennett S 77-36-18 E 433.61 feet to a found 1/2” iron pipe  a corner common to (now or formerly) James L. Hill (DB 429 Pg 087), thence with line common to said hill S 70-52-33 W 382.69 feet to a set iron pin and cap, thence leaving line common to said hill and with a new division line severing the parent tract N 15-49-46 W 227.06 feet to the point of beginning, containing 1.00 acres by survey conducted on February 6, 2006 by Richard A. Reece, PLS 3358 with H and R surveying.

There is also conveyed herein an easement 30 feet in width for ingress and egress, utilities, etc. over Tract 2 of this division and described along the Northern edge as follows: Beginning at the Northwest corner of the tract described above thence N 77.36-41 W 111.41 feet to a set iron pin and cap, thence S 75-29-27 W 358.60 feet to a set iron pin and cap in the Eastern edge of Nolan Drive. Unless stated otherwise any monument referred to herein as a “set pin and cap” is a set 1/2” by 18” iron pin with orange plastic cap stamped H and R PLS 3358.  All Bearings given herein are referenced to the magnetic meridian as obtained from the parent tract deed source and observed along the Western boundary between a found 1/2” iron pin with yellow plastic cap stamped Ledington PLS3192 and a found set stone on the Southwest corner of the parent tract. Richard A. Reece, PLS 3358, February7, 2006.  Said lot or parcel is subject to the restriction as follows;

1. Each home must have 1500 square feet minimum living area.

2. No Pre-manufactured homes may be built on this property.

3. No abandoned vehicles may be left on property. (vehicles not garaged or moved for a period of one month.)

Being the same property conveyed to Edward Craig and Ashton Michelle Craig, husband and wife from Harold Craig Jr. and Tina Craig, husband and wife by that deed dated 02/14/2006, recorded 03/03/2006 in Book 467, Page 460 of the Whitley County Court Clerk’s Office. 

The above-described property is subject to the following Easements:

Non-Exclusive Utility Easements dated September 24, 2002 in favor of Donna J. Ledington for the improvement of ingress and egress for utilities, recorded September 27, 2002 in Deed Book 438, Page 553, in the Whitley County Clerk’s Office. 

Easement in deed dated December 27, 2002 in favor of Vickie Hunter for the improvement of ingress and egress, recorded December 28, 2002 in Deed Book 440, Page 479, in the Whitley County Clerk’s Office.

Easement in deed dated December 28, 2002 in favor of Harold W. Craig, Jr. for the improvement of ingress and egress, recorded December 28, 2002 in Deed Book 440, Page 485, in the Whitley County Clerk’s Office. 

Easement in deed dated July 16, 2003 in favor of Larry Brown and Missy Brown for the improvement of ingress and egress, recorded July 18, 2003 in Deed Book 445, Page 71, in the Whitley County Clerk’s Office.

Easement in deed dated July 31, 2003 in favor of Donald and Brenda Campbell for the improvement of ingress and egress, recorded July 31, 2003 in Deed Book 455, Page 355 in 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 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 14th day of August, 2009.                                   

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT, P. O. DRAWER 1344                  CORBIN, KY 40702; PHONE:606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 08-CI-00987

 

AMERICAN GENERAL HOME EQUITY, INC., PLAINTIFF,

VS.

KATHY R. SIMPSON, UNKNOWN HEIRS OF CARLEY D. BENNETT, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 11, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on September 14, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Kathy R. Simpson and the Unknown Heirs of Carley D. Bennett, plus costs, are as follows:

(1) The sum of $36,872.30 plus interest at the rate of 14.33% per annum from December 2, 2008, until the date of Judgment and thereafter at the legal rate of 12% per annum until paid in full.

The property to be sold is as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky, in the waters of Meadow Creek, and more particularly described as follows:

Beginning at a stake on the Meadow Creek Road with the line of Walter Hill and running Walter Hill’s line 250 feet due west to a stake then turning 90 degrees and running 170 feet due south to a stake then turning 90 degrees due east and running 250 feet back to a stake on the Meadow Creek Road then turning 90 degrees due north and running 170 feet with the Meadow Creek Road back to the beginning containing 1 acre more or less.

Being the property conveyed in Warranty Deed from Charlotte Elizabeth Bennett, a single woman, to Carley D. Bennett, a single man, dated March 11, 2005, in Deed Book 459, Page 601, in the County Clerk’s Office for Whitley County, Kentucky.

Said property address is:  4491 Tyes Ferry Road, Rockholds, KY 40759.

 

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 14th day of August, 2009.

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT, P. O. DRAWER 1344                  CORBIN, KY 40702; PHONE:606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 07-CI-00132

 

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE SOUNDVIEW HOME LOAN TRUST 2005-1 ASSET-BACKED CERTIFICATES, SERIES 2005-1, PLAINTIFF,

VS.             

JOHN GRUBB; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY; AND JAIME L. GRUBB A/K/A JAMIE GRUBB, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 10, 2009, and subsequent Orders entered on May 12, 2008, October 13, 2008 and March 9, 2009  I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 14, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, John Grubb and Jamie Grubb, plus costs, are as follows:

(1) The sum in the amount of $119, 148.44, together with accrued interest thereon at the rate of 11.87375% per annum from December 12, 2007, until the amount has been paid for in full. 

The property to be sold is as follows:

Being Lot No. 177 of the Tattersall Trails Estates in Whitley County, Kentucky, maps or plats of which are duly recorded in Map Book 3, at Page 20, in the Whitley County Court Clerk’s Office, Williamsburg, Kentucky, and to which map or plat reference is hereby made for a more full and complete description of said lots. 

The foregoing property is subject to protective and restrictive covenants as set forth in Miscellaneous Record Book 27, at pages 425-427, Whitley County Clerk’s Office.

Being the same property conveyed to John Virgil Grubb and Jamie Grubb a/k/a Jaime Grubb, husband and wife, by deed dated November 24, 2004, and recorded December 2, 2004 in Deed Book 457, Page 484, in the Office of the Clerk of Whitley County, Kentucky. 

Said property address is: 121 Citation Trail, 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 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 14th day of August, 2009.

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT, P. O. DRAWER 1344                  CORBIN, KY 40702; PHONE:606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 9-CI-00150

 

CHASE HOME FINANCE LLC SUCCESSOR BY MERGER TO CHASE MANHATTAN MORTGAGE CORPORATION, PLAINTIFF,

VS.

THOMAS H. SNELL, STACI L. SNELL, CITIFINANCIAL SERVICES, INC., DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 13, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 14, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Thomas H. Snell and Staci L. Snell, plus costs, are as follows:

(1) The sum in the amount of $ 51,838.95 plus interest from 07/01/08 in the amount of $2,398.75 plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $596.98, plus attorneys fees (KRS 411.195) in the amount of $1,100.00 for a total in the amount of $55,934.68.

The property to be sold is as follows:

Exhibit “A”

TRACT 1

BEGINNING on a steel pipe by the curb of Circle Ave. in the corner common to Barly and Kidd and running S 27° 30’ W 69.5 feet to a steel pipe; thence running N 41° E 67 feet to a steel pipe by the curb of Circle Avenue; thence running with Circle Avenue N 47° W 17 feet to the beginning.

 

TRACT II

BEGINNING at a corner of Fred Smith’s property on Circle Avenue; thence with the street 48 ½ E 75 feet to a stake against the curb; thence S 27 W 191.5 feet to a stake in the property line of Joe H. Barly; thence N 59 W 75 feet to a stake on the corner of Fred Smith’s property; thence N 27 ½ W 205 feet to the Beginning corner.

Being the same property conveyed to Thomas H. Snell and Staci L. Snell, husband and wife, from Ruth N. Shepard, single, by Deed dated March 2, 2004, and filed for record on March 4, 2004 in Deed Book 450, Page 668 in the Office of the Whitley County Court Clerk.

 

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, 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 14th day of August, 2009.

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT, P. O. DRAWER 1344,                  CORBIN, KY 40702; PHONE:606-528-0616

 

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00078

 

CHASE HOME FINANCE LLC, PLAINTIFF,

VS.

JAMES PARKER, JAMIE HELTON, CITY OF CORBIN, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 6, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 14, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, James Parker, Jamie Helton and City of Corbin, plus costs, are as follows:

(1) The sum in the amount of $ 90,431.67 plus interest from 07/1/08 – 3/2/09 in the amount of $ 3,934.81 plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,857.71 plus attorney fees (KRS 411.195) in the amount of $1,100.00 for a total in the amount of $97,324.19.

The property to be sold is as follows:

Legal Description

Exhibit “A”

BEGINNING at the southeast corner of intersection of Early and 19th Street; thence S 82 degrees 20’ E along the south line of the19th Street 50.0 feet to a pipe; thence S 0 degrees 30’ E across land of subject owner. E.N. Early Heirs.  137.0 feet to a pipe in the north line of Mrs. Jim Smith property thence S 76 degrees 40’ W along the north line of Mrs. Jim Smith property, thence N 4 degrees 26’ W along east line of Early Street 153.4’ to the Beginning.

Being the same property conveyed to James Parker and Jamie Helton from Charles Day and recorded on March 28, 2007 in Deed Book 476 at page 54, of the Whitley County Court Clerk’s Office.

Said property address is:  209 19th Street, 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 one-third 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 of the date of sale 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 14th day of August, 2009.

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT, P. O. DRAWER 1344,                  CORBIN, KY 40702; PHONE:606-528-0616

 

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 08-CI-00725

 

TAYLOR, BEAN and WHITAKER MORTGAGE CORPORATION, PLAINTIFF,

VS.

TAMMY L. HUFF; HOMETOWN BANK OF CORBIN, COMMONWEALTH OF KENTUCKY, – FINANCE and ADMINISTRATION CABINET; WADE E. CARR; and  COUNTY  OF WHITLEY, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 13, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 14, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Tammy L. Huff, plus costs, are as follows:

(1) The sum in the amount of $90,477.17 plus interest from 10/1/08 in the amount of $3,527.23 plus attorney fees in the amount of $1,100.00 plus unapplied funds balance in the amount of $(450.54).

The property to be sold is as follows:

Beginning at a point in the West right of way line of Todd Street in the line of Lot 107, 60 feet from the point on Todd Street where Lot 105 meets Lot 107; thence running with the East boundaries of Lots 107 and 109 North 37 degrees 29 minutes East 200 feet to a stake; thence leaving Todd Street and running North 49  degrees 26 minutes West 181.50 feet to a point in the East boundary of Lot 210; thence South 37 degrees 29 minutes West 200 feet to a stake in the East boundary of Lot 208; thence leaving the East boundary of Lot 208 and running South 49 degrees 26 minutes East 181.50 feet to the beginning. 

Being the same property or a portion of the same property conveyed to Tammy Lynn Huff Shafer and Troy K. Shafer, as joint tenants with rights of survivorship by Quit Claim Deed dated May 21, 2004 from Tammy Lynn Huff, sole owner filed on August 30, 2004 in Book 455 at Page 258 in the Whitley County records. 

Commonly known as: 7609 Todd Street, Corbin, KY 40701

Parcel Number: 085-00-00-097.08

Said property address is: 7609 Todd Street, 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 one-third of the purchase price together with a bond for the remainder of the purchase price 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 14th day of August, 2009.

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT, P. O. DRAWER 1344                  CORBIN, KY 40702; PHONE:606-528-0616

 

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 08-CI-00668

 

COMMUNITY TRUST BANK, INC., PLAINTIFF,

VS.

CARL KENTON VAUGHN AND JENNIFERVAUGHN, HUSBAND AND WIFE; WHITLEY COUNTY, KENTUCKY; And TAX EASE LIEN INVESTMENTS 1,LLC, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 21, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 14, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Carl Kenton Vaughn and Jennifer Vaughn, plus costs, are as follows:

(1) The principal sum in the amount of $254,402.20, plus unpaid interest in the amount of $4,129.40, plus late charges in the amount of $3,188.85, plus other fees in the amount of $259.00, for a payoff in the amount of $261,979, plus interest at 2.0% in excess of the current index rate from August 11, 2008 until paid, plus Court costs and a reasonable attorney fee.  Interest accrues daily at $63.6005500 per day. 

The property to be sold is as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky in the City of Williamsburg, on the waters of Cumberland River, and being all of the same land conveyed to Kenton Vaughn and wife, Jennifer Vaughn, by deed from Harold L. Huddleston and wife, Marilyn J.K. Huddleston, dated June 3, 2002 and recorded in Deed Book 435, Page 441, Whitley County Court Clerk’s Office and bounded and described as follows:

BEGINNING on a set P/K nail in concrete, said nail being the northwest corner of the parent tract and a corner common to Lot 3 of the Jackson Mall (Map Book 3, Page 37) (Ershco, LLC Deed Book 423, Page 340), said nail also being located N 36-29-54 E, 219.69 feet from the northwest corner of Lot 3 (a found “T” stake with aluminum cap stamped C. Cox PLS #1971), and located approximately 0.20 miles south of the intersection of KY Highway 25 W and KY Highway 92; thence leaving line common to Lot 3 N 36-30-15 E, 92.00 feet to a set P/K nail in concrete; thence with 3 new division lines severing the parent tract S 53-56-49 E, 108.50 feet to a set P/K nail in concrete; thence S 28-43-06 W, 21.54 feet to a set iron pin and cap; thence S 45-08-43 E, 43.37 feet to a set iron pin and cap in the northwest right-of-way of KY Highway 25W; thence along the said right-of-way S 35-00-23 W, 84.82 feet to a found “T” stake with aluminum cap stamped C. Cox PLS #1971, a corner common to Lot 3 of the Jackson Mall (Map Book 3, Page 37); thence with line common to said Lot 3 N 46-22-06 W, 157.76 feet to the point of beginning, containing 0.34 acres by survey conducted on April 24, 2002 by Richard A. Reece, PLS #3358 with H&R Surveying.

Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set ½” by 18” iron pin with red plastic cap stamped H&R PLS #3358.  All bearings given herein are referenced to the plat of Jackson Mall as recorded in Map Book 3, Page 37 and observed along the southwest boundary of Lot 1.

RESTRICTIONS:  (2) there shall be no portable buildings on said property; (3) there shall be no gas stations on said property; (4) there shall be no convenience stores on said property. 

The Real Property or its address is commonly known as 997 25 W. South Hwy., Williamsburg, KY 40769.

 

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 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 14th day of August, 2009.                 

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT, P. O. DRAWER 1344                  CORBIN, KY 40702; PHONE:606-528-0616

 

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO.08-CI-00818

 

JIMMY L. VANCE and DONNA B. VANCE, PLAINTIFF,

VS.

COMMONWEALTH DEVELOPMENT GROUP, LLC., FIRST SOUTHERN NATIONAL BANK; WHITLEY COUNTY,  KENTUCKY, LAUREL COUNTY, KENTUCKY, STEVEN H. BROCK, JACOB C. CARR III, HUGH BROCK and BROCK ENTERPRISES, LTD. DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 5, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 14, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Commonwealth Development Group, LLC., plus costs, are as follows:

(1) The sum in the amount of $4,362,292.69, plus per diem interest until this judgment is entered and interest at the highest legal rate from judgment until paid in full.

The property to be sold is as follows:

COMMONWEALTH DEVELOPMENT GROUP, LLC

A tract of land located in Whitley County, Kentucky, and being located on the north side of US Highway 25 W near the South Corbin interchange of I-75, BEGINNING at an iron pipe in the north right of way line of US 25W, said point being 75 feet North of centerline station 26+60 of Cross Road No. 6, of the Interstate system.  Said iron pipe also being a corner common to the property now or formerly belonging to Enco Oil Station; thence with the lines of said property and with property now or formerly belonging to Russell E. Wagers, North 2 degrees 30 minutes West with and near a drain 506.85 feet to an iron pipe in a fence line; a corner common to Russell E. Wagers; thence with the lines of said Wagers, South 83 degrees 15 minutes West, with and near a fence line, 221.85 feet to a concrete post; thence North 0 degree 10 minutes West, with and near a fence line 361.85 feet to a fence post at the end of said fence line; thence North 16 degrees 36 minutes West 802.35 feet to a point in the east Controlled Access right of way fence line of I-75.  Said point also being a corner common to Russell E. Wagers; thence leaving the line of said Wagers, North 8 degrees 54 minutes East, with the said right of way of fence line, 323.00 feet to a point in said fence line.  Said point being a corner to Russell E. Wagers; thence leaving the east Controlled Access right of way line of I-75, with a line of said Wagers, North 51 degrees 20 minutes East, 281.40 feet to a set concrete block.  Said block being a corner common to said Wagers and with property now or formerly belonging to Henry Martin; thence leaving the lines of Russell B. Wagers, with the lines of Henry Martin, and with property now or formerly belonging to Speed Bingham and with property now or formerly belong to J.T. Crabtree, South 61 degrees 43 minutes East, 192.00 feet to a fence corner; thence South 59 degrees 10 minutes East, with a fence line, 168.90 feet to a fence post; thence South 77 degrees 50 minutes East with a fence line, 207.85 feet to a fence post; thence South 72 degrees 30 minutes East with a fence line, 499.00 feet to a large tree in the fence line, near a gate; thence South 1 degree 40 minutes East with a fence line 7.00 feet, to a fence post; thence South 72 degrees 30 minutes East, with and near a fence line, 139.25 feet to a “Set’ Concrete Block near a large tree.  Said block being a corner common to J.T. Crabtree and with property now or formerly belonging to Anson Begley; thence leaving the lines of said Crabtree, with a line of Anson Begley, South 0 degrees 55 minutes West, with a low ridge or point, with and near a farm road, 1131.85 feet to a point in the center of a concrete Cylinder.  Said point being a corner common to Anson Begley and property now or formerly belonging to Dewey Earls; thence leaving the lines of said Begley, with the lines of Dewey Earls, South 72 degrees 55 minutes West, and leaving the ridge line, 363.55 feet to a point in a drain.  Said point being South 72 degrees 55 minutes West and approximately 14 feet from a bolt set in a concrete Cylinder; thence down and with the meanders of said drain South 4 degrees 00 minutes West 105.00 feet to a point; thence South 15 degrees 40 minutes East, 100.95 feet to a point; thence South 8 degrees 22 minutes East, 130.75 feet to a point; thence South 2 degrees 15 minutes West, 97.80 feet to a point near the centerline of a Concrete Culvert running under U.S. highway 25-W.  Said point being a corner common to Dewey Earls and also being in the north right of way line of U.S. Highway 25-W, being 35 feet North from the centerline of said Highway; thence leaving the lines of Dewey Earls, with the North right of way of U.S. Highway 25-W, a line 35 feet northwardly from and parallel to the center line of said Highway, South 84 degrees 12 minutes West 340.92 feet to an iron pipe in said North right of way line, 35 feet North from centerline of said highway; thence continuing from said right of way line of U.S. Highway 25-W and on a line also parallel to the center line thereof, South 84 degrees 12 minutes West, 12.20 feet to a point 35 feet from the center line of U.S. Highway 25-W; thence North 5 degrees 48 minutes West, 25.00 feet to a point 60 feet northwardly from centerline of said Highway, said call being along the right of way of U.S. Highway 25W where the same has been widened, also being the end of construction of Cross Road No. 6 of the Interstate System; thence continuing with the North right of way line of said Highway and Cross Road No. 6, South 88 degrees 14 minutes West, 238.75 feet to the Beginning, corner, containing 47.11 acres more or less. 

THERE IS EXCEPTED from the above described tract of land a certain boundary of land retained by Nannie Earls which is bounded and described as follows:

Beginning at a point in the center line of a drain, near the mouth of a concrete Culvert, running under U.S. Highway 25-W.  Said point also being 35 feet northwardly from the centerline of said Highway and also being in line of said Culvert under US Highway 25-W.  Said point also being a corner common to Dewey Earls; thence leaving the line of Dewey Earls, with a line 35 feet northwardly from a parallel to the centerline of said Highway, South 84 degrees  12 minutes West, 212.82 feet to an iron pipe; thence leaving the north right of way line of US Highway 25-W, North 3 degrees 16 minutes West, 578.10 feet to an iron pipe; thence North 86 degrees 44 minutes East, 215.23 feet  to an iron pipe in the drain; thence down and with the meanders of said drain, South 2 degrees 12 minutes West 138.99 feet to a point. Said point being a corner common to Dewey Earls; thence South 4 degrees 00 minutes West 105.00 feet to a point; thence South 15 degrees 40 minutes East 100.95 feet to a point; thence South 8 degrees 22 minutes East, 130.75 feet to a point; thence south 2 degrees 15 minutes West 97.80 feet to the Beginning corner, containing 2.60 acres, more or less. 

(Exception:  This conveyance is subject to any rights, if any, existing under a gas lease to Merle Piper which lease is recorded in Lease Book 9, at page 220 Whitley County Court Clerk’s Office.  In no event shall anything contained herein be construed to extend to the rights of Merle Piper, his heirs, executors or assignees in the property described herein, but any rights which he may have are limited by the lease referred to in this paragraph).

THERE IS EXCEPTED FROM THE ABOVE DESCRIBED PROPERTY AND NOT CONVEYED HEREIN THE FOLLOWING: 

1. 0.212 acres conveyed by Boyce Worley et al to the Commonwealth of Kentucky by deed dated August 8, 1994 as appears of record in Deed Book 374, at page 488, Whitley County Clerk’s Office, Kentucky.

2. 1.443 acres conveyed by Jimmy Vance et al to Boddie Noell Enterprises, Inc. by deed dated September 13, 1994 as appears of record in Deed Book 375, at page 94, Whitley County Clerk’s Office, Kentucky.

3. 2.8227 acres conveyed by Reeves Days Inc. to Sajan Enterprises, LLC by deed dated September 9, 1998 and recorded in Deed Book 399 at page 195, Whitley County Court Clerk’s Office, Kentucky.

BEING ALL THE SAME LAND acquired by Commonwealth Development Group, LLC, by a deed of conveyance from Jimmy L. Vance and Donna B. Vance, husband and wife, dated May 30, 2007 and recorded in Deed Book 477, at page 405 in the office of the Whitley County Court Clerk at Williamsburg, Kentucky. 

 

EXHIBIT “B”

COMMONWEALTH DEVELOPMENT GROUP, LLC

Description of a 4.10 Acre survey of the Sudhir R. Patel, et al Property (Deed Book 477 Page 322) Lying and being in Whitley County, Kentucky on the waters of the Laurel River and being a 4.10  acre survey of the Sudhir R. Patel, et al Property (DB 477 PG 322).  The property is located on the north side of U.S. 25W and adjacent to the east right-of-way of I-75 at Exit 24 near Corbin, Whitley County, Kentucky and being more particularly described as follows:

Note: All rebar (set) are 5/8” x 18” steel rebar with plastic cap marked R.S.R. PLS 3347 Direction is based on the record bearing of the center line of U.S. 25W.  The center line was surveyed by Roark Engineering on June 17, 2007.  The record bearing is given as N 82°59’ 40”E.

Beginning at a 12” Pine tree corner with a witness rebar (found) at its base and lying in the line of the Commonwealth Development Group, LLC (DB 477 PG 405).  Said corner also being the northeast corner of the Neel Investments, Inc. Tract #2 (DB 381 PG 390).  Thence leaving the Commonwealth Development Group, LLC Property and with the Neel Investments, Inc. Tract #2 Property South 83 degrees 56 minutes 46 seconds West (S 83°56’ 46” W), a distance of 106.27 feet to a rebar (found) and being a common corner to the Sudhir R. Patel, et al Property (DB 381 PG 605) and lying in the east line of a 40’ wide right-of-way; South 83 degrees 31 minutes 28 seconds West (S 83°31’ 28” W), a distance of 40.01 feet to a rebar (found) in the west line of the 40’ wide right-of-way and being a common corner to the Neel Investments, Inc. Tract #1 Property (DB 381 PG 390); Thence leaving the west line of the 40’ wide right-of-way of the Sudhir R. Patel, et al. Property and with the Neel Investments, Inc.  Property Tract #1 South 87 degrees 17minutes 09 seconds West (S 87°17’ 09” W), a distance of 260.79 feet to a rebar (found) in the existing fence line of the east controlled access right-of-way of I-75; Thence leaving the Neel Investments, Inc. Property Tract #1 and with the east controlled access right-of-way of I-75 the following calls:  North 06 degrees 30 minutes 01 seconds East (N 06°30’ 01” E), a distance of 118.30 feet to a rebar (set) in the east controlled access right of way of I-75 at 120 feet east of Station 9+50; North 15 degrees 07 minutes 22 seconds East (N 15°07’22”E), a distance of 256.60 feet to a rebar (set) in the east controlled access right-of-way of I-75 at 180 feet east of Station 12+00; North 23 degrees 21 minutes 34 seconds East (N 23°21’24”E), a distance of 216.02 feet to a rebar (set) in the east controlled access right-of-way of I-75 at 260 feet east of Station 14+00; North 04 degrees 12 minutes 11 seconds West (N 04°12’11”W, a distance of 341.37 feet to a rebar (found) in the east right-of-way of I-75 at 220 feet east of Station 1351+58 and being a common corner to the Commonwealth Development Group, LLC Property (DB 477 PG 405);  Thence leaving the east right-of-way of I-75 and with the Commonwealth Development Group, LLC Property South 20 degrees 29 minutes 18 seconds East (S 20°29’18” E), a distance of 740.35 feet to a rebar (set); Thence continuing with the Commonwealth Development Group, LLC Property South 01 degrees 49 minutes 46 seconds East (S 01°49’ 06” E), a distance of 182.54 feet to the point of beginning, containing 4.10 acres more or less, as surveyed by Robert S. Roark of Roark Engineering on October 6, 2007.

THERE EXCEPTED AND NOT CONVEYED the following described property:  Lying and being in Whitley County, Kentucky on the waters of the Laurel River and being a 0.51 acre portion of the Sudhir R. Patel, et al. Property (DB 477 PG 322). The property is located on the north side of U.S. 25W and adjacent to the east right-of-way of I-75 at Exit 24 near Corbin, Whitley County, Kentucky, and being more particularly described as follows:

Note:  All rebar (set) are 5/8” x 18” steel rebar with plastic cap marked R.S.R.  PLS 3347 Direction is based on the record bearing of the center line of U.S. 25W.  The center line was surveyed by Roark Engineering on June 17, 2007.  The record bearing is given as N 82°59’40” E. 

Beginning at a 12” Pine tree corner with a witness rebar (found) at its base and lying in the line of the Commonwealth Development Group, LLC (DB 477 PG 405).  Said Corner also being the northeast corner of the Neel Investments, Inc. Tract #2 (DB 381 PG 390).  Thence leaving the Neel Investments Inc. Property Tract #2 and with the Commonwealth Development Group, LLC Property North 01 degrees 49 minutes 46 seconds West (N 01°49’06”W), a distance of 145.40 feet to a rebar (set);  Thence leaving the Commonwealth Development Group, LLC Property and with a new line dividing the Sudhir R. Patel, et al Parent Tract Property (DB 477 PG 322) South 85 degrees 50 minutes 15 seconds West (S 85°50’15” W), a distance of 151.86 feet to a rebar (set);  Thence continuing the new division line South 04 degrees 03 minutes 53 seconds East (S 04°03’53”E), a distance of 150.40 feet to a rebar (fond).  Said rebar (found) being a common corner to the Neel Investments, Inc. Tract #1 Property (DB 381 PG 390) and also being a common corner to the Sudhir R. Patel, et al. Property (DB 381 PG 605) and lying in the west line of a 40’ wide right-of-way; Thence leaving the Neel Investments, Inc. Property Tract #1 and with the 40’ wide right-of-way of the Sudhir R. Patel, et al Property North 83 degrees 31 minutes 28 seconds East (N 83°31’28”E), a distance of 40.01 feet to a rebar (found) in the east line of the 40’ wide right-of-way and being a common corner to the Neel Investments, Inc. Tract #2 Property (DB 381 PG 390);  Thence leaving the east line  of the 40’ wide right-of-way of the Sudhir R. Patel, et al Property and with the Neel Investments, Inc. Property Tract #2 North 83 degrees 56 minutes 46 seconds East (N 83°56’46”E), a distance of 106.27 feet to the point of beginning, containing 0.51 acres, more or less, as surveyed by Robert S Roark of Roark Engineering on October 6, 2007. 

The aforesaid property is conveyed by the Grantors without direct access through the remaining property of the Grantors to US Highway 25W and the Grantee accepts the property without any access to US Highway 25W or other public road, and the Grantee waives any claim against the Grantors for an access easement whether by a contract or agreement to deliver such easement, an express easement, an easement by implication, an easement by necessity, or otherwise.

BEING THE SAME PROPERTY acquired by Commonwealth Development Group, LLC by deed from Sudhir R. Patel, Dushyant R. Patel and Jayram D. Patel dated 16th day of November, 2007 and recorded in Deed Book 480, Page 462, 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 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 14th day of August, 2009.                 

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT, P. O. DRAWER 1344                  CORBIN, KY 40702; PHONE:606-528-0616

 

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 09-CI-317

 

CHASE HOME FINANCE LLC, PLAINTIFF,

VS.

GEORGE ALLEN SNELSON, DEFENDANT.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on   2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 14, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, George Allen Snelson, plus costs, are as follows:

(1) The principal sum in the amount of $74,756.78 plus interest from 10/1/08 through 6/5/09 in the amount of $3,799.28 plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $245.30 plus attorney fees (KRS 411.195) in the amount of $1,100.00 for a total in the amount of $79,901.36.

The property to be sold is as follows:

Beginning at a notch cut on the north side of the sidewalk, corner of Dallas Meadows; thence with the Meadows line and with a fence that almost comes to the sidewalk, N.9 degrees 25’W.115 feet to the end of the fence at a post; thence with line of Mrs. K.L. Witt property and with a line fence N. 77 degrees 30’ E. 47 feet to a fence post in the west line of a 15 foot alley; thence leaving the Witt line and with the west line of the alley, S. 11 degrees 30’E. 182 feet to a notch cut into the north edge of the sidewalk on 7th Street; thence with the inside line of such walk, S. 83 degrees 30’W.52 feet to the point of beginning.  This description is according to survey made by W.C. Cannon civil engineer, on April 1, 1961

Being all the same property George Allen Snelson, single obtained title to by deed dated 7/27/07, executed by Virginia Collins and husband, Robert Bruce Freeman of record in DB 478 at Page 415 in the Whitley County Clerks Office

Being all the same property conveyed to Virginia M. Collins, a unmarried person from Eldon David Jr., and Nancy Davis husband and wife and Barbara Ann Hall and Kenny Hall, wife and husband, Thomas G. Davis and Norma Davis, husband and wife, by Deed dated August 25, 2006 recorded August 31, 2006 in Deed Book 471, Page 687, records of the Whitley County Court Clerk’s Office. 

And being all of the same property which Eldon Davis and Gladys Bell Davis, his wife, acquired from David E. Bonza and Alza Fay Bonza, his wife, and First National Bank of Corbin Kentucky, by deed of conveyance dated May 09, 1961 and of record in Deed Book 202, Page 313, records of the Whitley County Court Clerk’s Office, For further source of title see the Last Will and Testament of Eldon Davis, dated October 23, 1999, recorded in Will Book 25, Page 198, records 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 one-third down with the balance in 30 days with interest from the day of the sale 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 14th day of August, 2009.                 

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT, P. O. DRAWER 1344                  CORBIN, KY 40702; PHONE:606-528-0616

 

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00216

 

PHH MORTGAGE CORPORATION dba PHH MORTGAGE SERVICES, PLAINTIFF,

VS.

DONNA MOSS aka DONNA R. MOSS GARY MOSS,  DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 6, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 14, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Donna Moss aka Donna R. Moss and Gary E. Moss, plus costs, are as follows:

(1) The principal sum in the amount of $192,905.16 plus interest on the principal sum at the rate of 6.25000% per annum from October 1, 2008 until paid plus the 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 property to be sold is as follows:

 

EXHIBIT “A”

Property Address: 242 Winner Circle, Corbin, KY 40701 

PIDN:        102-20-00-102.00

Group:

Prior Instrument: Deed Book 454, Page 320 of the Whitley County Clerk’s Office

Office File Number: 09-1250

PIDN: 102-20-00-102.00

Being Lot Number 59 of the Tattersall Trails Estate, in Whitley County, Kentucky, a map or plat of which is dully recorded by Map Book 3, Page 14, Whitley County Court Clerk’s Office, and to which map or plat 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 Record Book 27, Page 35, Whitley County Court Clerk’s Office.

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

Being the same property conveyed from John H. Chandler and wife, Sharon Chandler, to Gary E. Moss and wife, Donna Moss, by virtue of a deed dated 07/23/2004 and recorded on 07/28/2004 at Deed Book 454, Page 320 of the Whitley County, Kentucky real estate records.

 

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 14th day of August, 2009.                 

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT, P. O. DRAWER 1344                  CORBIN, KY 40702; PHONE:606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00272

 

Countrywide Home Loans Servicing, L.P., PLAINTIFF,

VS.

Ernest Goodin, III County of Whitley, DEFENDANT.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 9, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 14, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Ernest Goodin, III, plus costs, are as follows:

(1) The principal sum in the amount of $178,265.00  plus interest from 06/1/08 in the amount of $12,720.71, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,781.89, plus late charges in the amount of $445.97, plus attorney fees (KRS 411.195) in the amount of $1,100.00.  Credits in the amount of $(46.77), for a total in the amount of $195,266.80.  

The property to be sold is as follows:

EXHIBIT A

A certain tract or parcel of land lying in Whitley County, Kentucky, and being further referred to as Lot 14, Westwood Lane, and bounded and described as follows:

BEGINNING at a 5/8” X 20” steel rod set at the base of a wooden post, 12.5 feet north of the centerline of Westwood Lane, part of Deed Book 370, Page 708 a corner to the Shelby Mays reserve parcel, part of Deed Book 370, Page 708; thence leaving said Mays reserve parcel and running with said Westwood Lane, S-71-09-57-W, 139.35 feet to a 5/8”X 20” steel rod set, 12.5 feet north of centerline of said lane; thence S-50-53-23 W. 36.84 feet to a 5/8”X 20” steel rod set 9 feet Northwest of centerline of said Lane, a corner to the Shelby Mays Lot 13, part of Deed Book 370, Page 708; thence leaving said Westwood Lane and running with the line said Shelby Mays Lot 13, N 32-12-28 W, 297.95 feet to a 16” Chestnut Oak found with three backs on two sides, a corner to Charles Cornelius, Deed Book 298, Page 319, and Grant Hamblin, Deed Book 388, Page 482, and from which a 5/8” X 20”steel rod reference monument set with a plastic cap stamped RSP, PLS 2776, Ref. Mon., bears S 15-48-42 W, 4.29 feet; thence leaving said Mays Lot 13, and said Hamblin and running with line of said Cornelius, S 82-42-41 E, 323.36 feet to a set stone found, a corner to the aforementioned Shelby Mays reserve parcel; thence leaving said Cornelius and running with the line of said Mays, S 00-34-09 W, 142.85 feet to the place of  beginning.

Being the same property conveyed to Robert Freeman and wife, Kelly Freeman. by virtue of a deed from Marvin Lee Bryant Jr. and wife, Sue Anne Litton, dated October 3, 2003, filed October 8, 2003, recorded in Deed Book 447, Page 293, County Clerk’s Office, Whitley County, Kentucky.

Being the same property conveyed by deed to Ernest Goodin III from Kelly Freeman, dated April 20th, 2007, recorded in Deed Book 476 of records in the Whitley County Clerk’s Office, Williamsburg, KY.  

 

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 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 14th day of August, 2009.

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT, P. O. DRAWER 1344                  CORBIN, KY 40702; PHONE:606-528-0616

 

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL COURT

WHITLEY

CIRCUIT COURT

CIVIL ACTION NO. 08-CI-00799

SPECIAL JUDGE

 

W.D. BRYANT AND SONS, INC., PLAINTIFF

VS.

JESSIE ROY PERKINS A/K/A ROY L. PERKINS and wife, NADINE PERKINS, WHITLEY COUNTY, KENTUCKY; COMMUNITY TRUST BANK, TOM DAVIS and wife, DONNA DAVIS; LUMBER KING, INC.; JULIE MCCULLAH CHAPMAN, individually, and as Administratrix of the Estate of Wesley Disel Chapman, deceased, DEFENDANTS

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 18, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 14, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Jessie Roy Perkins a/k/a Roy L. Perkins and his wife, Nadine Perkins, plus costs, are as follows:

(1) The sum of $ 6321 3.89, as of July 11, 2007, plus interest at 8.5% per annum thereafter until date of judgment and interest on the Judgment at the legal rate until paid.

(2) The Plaintiff herein named is adjudged to have a line on the following described property subject only to the first and prior lien held by Community Trust Bank and the liens of Whitley County, Kentucky.

The property to be sold as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky, and being all the same land conveyed to Roy L. Perkins and wife, Nadine Perkins, by deed from Jerry T. Johnson and wife, Linda W. Johnson, Karen K. Johnson, unmarried, and Cecil E. Johnson, unmarried, dated February 16, 2004, and recorded in Deed Book 433, Page 24, Whitley County Court Clerk’s Office and bounded and described as follows:

Beginning on a cross-tie post common to the Johnny Roaden and the ELzo Bargo parcel; thence two courses with the Elzo Bargo parcel S 22° 23’ E, 165.30 feet to an iron pin N 67° 28’ E, 79.18 feet to an iron pin located on the west side of Bee Creek Road common to the Elzo Bargo parcel; thence with the west side of Bee Creek Road, S 21° 38’ E. 155.84 feet to an iron pin located on the north side of a 30 foot easement; thence two courses with a 30 foot easement S 74° 05’ W, 76.95 feet to an iron pin S 56° 00’ W, 820.63 feet to an iron pin located on the north side of the 30 foot easement common to the U.S. Forestry Service Tract 1371P; thence with the U.S. Forestry Tract Service, N 66° 00’ W. 260.60 feet to a cross-tie post common to the U.S. Forestry Service tract and the Johnny Roaden parcel; thence N 51° 09’ E, 1023.36 feet to a place of BEGINNING, containing 6.22 acres, more or less, per Ted P. Hensley survey.

 

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 make a deposit of ten percent (10%) of the purchase price with the balance on credit for thirty (30) days. If the purchase price is not paid in full, the successful bidder shall be required to give a bond with good surety thereon for the unpaid purchase price, said bond to bare interest at a rate of twelve percent (12%) per annum from the date of sale until paid.

3. 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.

4. The property shall be sold free and clear of any right, title and interest of all parties to the action and all liens and encumbrances of the parties, and free and clear of any liens, encumbrances or deeds to the subject property filed subsequent to the recording to the Plaintiffs’ Notice of Lis Pendens in the office of the Whitley County Court Clerks office, except easements and restrictions of record in the Whitley County Court Clerk’s Office.

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

Dated this 19th day of August, 2009.

SANDRA J REEVES, Special Master Commissioner, Whitley Circuit Court, 1015 Master St, P.O. Box 1341, Corbin, Ky 40702; phone:606-528-4376

 

NOTICE OF BOND SALE $16,630,000

WHITLEY COUNTY, KENTUCKY PUBLIC PROPERTIES CORPORATION

FIRST MORTGAGE REVENUE BONDS(JUSTICE CENTER PROJECT), SERIES 2009

The Judge-Executive of Whitley County, Kentucky will until 11:00 a.m. EST, on September 15, 2009, receive sealed competitive bids for the purchase of $16,630,000 of Whitley County Public Properties Corporation First Mortgage Revenue Bonds (Justice Center Project), Series 2009, dated September 1, 2009, (the “Bonds”). Official bid terms, bid form and Preliminary Official Statement are available from the Ross, Sinclaire & Associates web site at www.rsamuni.com

By:/s Judge-Executive of Whitley County, Kentucky