Legal Notices for 8/28/13, page 2

 

 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 12-CI-00697

PHH Mortgage Corporation dba PHH Mortgage Services, Plaintiff, VS. Glenda J. Schiesz aka Glenda Schiesz; Byron L. Schiesz aka Byron Schiesz; United States of America – c/o Attorney General; United States of America – c/o U.S. Attorney (KY-Eastern); Commonwealth of Kentucky – Finance and Administration Cabinet, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 15, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, September 16, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Glenda J. Schiesz aka Glenda Schiesz and Byron L. Schiesz aka Byron Schiesz, plus costs, is as follows:

(1) The principal sum in the amount of $86,395.92, plus interest from 05/1/12 in the amount of $4,594.61, plus advances for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,098.12, plus NSF in the amount of $25.00, plus property inspection fees in the amount of $90.00, plus late charges in the amount of $137.94, plus attorney fees in the amount of $1,450.00, for a total in  the amount of $94,791.59, together with interest at the rate of 5.7500 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address:  1211 Forest Circle Drive, Corbin, KY 40701

TRACT I:

Being Lot #3 in Forest Hills Subdivision, Corbin, Kentucky, and more particularly described as follows:

BEGINNING at an iron stake in the N.W. line of Forest Circle, thence N. 54 degrees 59’ W. 220.45; to an iron stake; thence N. 35 degrees 15’ E., 116.10’ to an iron stake; thence N. 55 degrees 02’ W. 200.32’ to an iron stake in said Forest Circle; thence along Forest Circle N. 25 degrees 40’ E. 119.98’ to the BEGINNING.

TRACT II:

The following is a description of a portion of Lot #4, consisting of 0.08 acres, of the Forest Hills Subdivision.  This tract is located on the north side of Forest Circle Drive and can be more specifically described as beginning at an existing one-half inch metal pipe common with the southwest corner of Lot #3 of the Forest Hills Subdivision, said pipe bears S 75 degrees 32 minutes 04 seconds W. 1.77 feet from a utility pole; thence running tangent with the north right of way of Forest Circle Drive S. 25 degrees 40 minutes 00 seconds W., 16.57 feet to a set iron pin survey marker, said marker bears N 25 degrees 40 minutes 00 seconds E., 103.42 feet from a disturbed one-half inch metal pipe witnessed by a utility pole and being common with the original southeast corner of Lot #5 of the Forest Hills Subdivision, currently owned by Rusty and Jana Cobb (DB 345, P 252); thence leaving the north right of way of Forest Circle Drive while running through Lot #4 N 61 degrees 16 minutes 08 seconds W. 79.43 feet to a set iron pin survey marker; thence continuing through Lot #4 N 45 degrees 07 minutes 15 seconds W. 146.35 feet to a one-half inch metal pipe located on the south line of the Glenn R. Freeman property and common with the northwest corner of Lot #3 and the northeast corner of Lot #4; thence leaving the south line of the Freeman property while running with the dividing line between Lots #3 and #4 S 54 degrees 58 minutes 44 seconds E. 220.47 feet to the point of beginning and containing 0.08 acres as surveyed and described by Harold W. Gibson, RLS #2541.

Note that all set iron pin survey markers consist of a 1 ¾ inch yellow survey cap, labeled Harold W. Gibson, RLS #2541 attached to a ½ inch diameter rebar that is 18 inches in length. Bearings shown in description reflect monuments found at the site and past recorded lot descriptions.

Being the same property conveyed to Byron L. Schlesz and Glenda J. Schiesz, husband and wife, by deed dated January 04, 2002, and recorded in Deed Book 432, Page 166 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 (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 21st day of August, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 12-CI-00458

MidFirst Bank, Plaintiff, VS. Billy Rains aka Billy J. Rains; and CitiFinancial Services, Inc., Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to an Amended Judgment and Order of Sale entered by the Whitley Circuit Court on August 5, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, September 16, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, Billy Rains aka Billy J. Rains, is as follows:

(1) The principal sum in the amount of $58,790.03, plus interest on the principal sum at the rate of 8.55% per annum from December 1, 2011 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, plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note.

Property Address: 101 Wells Lane, Corbin, Kentucky 40701.

Parcel Number: 051-00-00-017.01.

Being Lot Number One (1) of the residential development identified as Biltmore Grove estates located in Whitley County, Kentucky; and for a more complete and detailed description of said lot, reference is hereby made to the plat of said subdivision which has been duly recorded and appears of record in Plat File 373 in the office of the Whitley Court Clerk’s Office at Williamsburg, Kentucky.

The property identified herein is subject to the terms and provisions of the declaration of Protective Covenants for Biltmore Grove Estates dated July 11, 1997, and appearing of record in Miscellaneous Book 96, at page 55, in the Clerk’s Office aforesaid.

EXCEPTION: There is not conveyed on this deed and this conveyance is subject to the undivided one-half interest in the mineral estate reserved by Cecil Osborne and Sarah Josephine Osborne, husband and wife, in that certain deed of conveyance to Diana K. Moore, dated February 16, 1993 and recorded in Deed Book 362, at page 125, in the Clerk’s office aforesaid.  Said interest was subsequently acquired by Diana K. Moore by deed of conveyance from Cecil Osborne and Sarah I Josephine Osborne, husband and wife, in that certain deed of conveyance to Diana K Moore, dated February 16, 1993 and recorded in Deed Book 362, at page 129, in the clerk’s office aforesaid.

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

Being the same property conveyed to Billy Rains, no marital status shown who acquired title by virtue of a deed from Lester Canada and wife Rita Canada, dated July 25, 2003, filed July 25, 2003, recorded in Deed Book 445, Page 197, County Clerk’s Office, Whitley County, Kentucky.

TERMS OF SALE

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

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

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 21st day of August, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 13-CI-00124

KENTUCKY HOUSING CORPORATION, PLAINTIFF, VS. GERALD A. WILSON; ROSIA E. WILSON; WHITLEY COUNTY, KENTUCKY and CENTURY LENDING COMPANY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 5, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, September 16, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Gerald A. Wilson and Rosia E. Wilson, plus costs, is as follows:

(1) The principal sum in the amount of $91,710.37, plus interest at the rate of 5.75% per annum from August 1, 2012 until paid, and late fees assessed, plus sums advanced in payment of ad valorem taxes, insurance premiums, and property preservation, the costs of this action; and reimbursement for attorney’s fees in this action.  

PROPERTY ADDRESS:   108 Wells Lane, Corbin, Kentucky

Property Tax ID No.:          051-00-00-017.08

BEING LOT NUMBER EIGHT (8) of the residential development identified as Biltmore Grove Estates located in Whitley County, Kentucky; and for a more complete and detailed description of said lot, reference is hereby made to the plat of said subdivision which has been duly recorded and appears of record in Plat File 373 in the office of the Whitley County Court Clerk’s Office at Williamsburg, Kentucky.

The property identified herein is subject to the terms and provisions of the declaration of Protective Covenants for Biltmore Grove Estates dated July 11, 1997, and appearing of record in Miscellaneous Book 96, at page 55, in the Clerk’s Office aforesaid.

Being the same land acquired by Gerald A. Wilson and wife, Rosia E. Wilson by deed from Wilfredo Rivera and wife, Rachel Rivera, dated the 9th day of August, 2007, and recorded in Deed Book 478, Page 575, Whitley County Clerk’s Office.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay court costs and expenses of the sale and no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 21st day of August, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 12-CI-00555

JPMorgan Chase Bank, National Association, Plaintiff, VS. Ray Hugill; Shannon McConaughey, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 12, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, September 16, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, plus costs, is as follows:

(1) The principal sum in the amount of $83,142.57, plus interest from 04/1/12 in the amount of $2,702.16, plus late charges in the amount of $145.80, plus advances for the protection of the property, including taxes and insurance (negative escrow) in the amount of ($363.53), for a total in  the amount of $85,627.00, together with interest at the rate of 6.5000 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address:  503 Idaho Street, Corbin, KY 40701.

Beginning at a survey marker (a ½” rebar with plastic cap marked W.C. Cannon R.L.S 463) in the South line of Idaho Street, (25’ in width) 100’ westwardly from the southwest corner of Williams Street and Idaho Street and also located at the northwest corner of lot no. 4-block B, in Upland Heights Subdivision to Corbin, KY.  In map book no. 1- page 33 now owned by Gillis Ray Smith and wife Marie Smith (D.B. 365, Pg. 423-425); thence S 27 deg. 40’ W along the west line of said Smith property and also along the west line of lot #5 in Revised Plan of Upland Terrace Subdivision to Corbin, KY (now owned by Howard O. Mann (D.B. 311, Page 498) in all 105’ to a survey marker; thence N 58’ 00’ W along the north line of Lot #8 of Revised Plan of Upland Terrace Subdivision (Plat Book #1, Page 244) owned by Link Pennington, Jr. (D.B. 201, Page 687) – 100.00’ to a survey marker, the southeast corner of Lot #9 of said Upland Terrace, owned by said Pennington; thence N 27 deg.  40’ E along the east line of Pennington – 105.00’ to a survey marker in the south line of said Idaho Street; thence S 58 deg. 00’ E along the South line of Idaho Street – 100.00’ to the point of beginning, containing 0.22 acres.  Source of title D. B. 365, Page 423, Whitley Co. Court Clerk.

This conveyance is subject to a 24’ wide perpetual easement for a 4” sanitary sewer line across the south end of property for the benefit of the property on the east side thereof and more particularly described as follows:

A 4’ sanitary sewer, 25’ wide easement from lot nos. 1,2,3 &4 of the Upland Heights Subdivision to Corbin, KY across lot nos. 5,6,7 & 8 of Gillis Ray Smith and wife, Marie Smith.

The grantor reserves the Grants to the Grantee, a 25’ wide perpetual easement for a 4’ sanitary sewer line across the above described property (Lot nos. 5,6,7 & 8 in the Upland Heights Subdivision to Corbin, KY) which is a portion of Gillis Ray Smith & wife, Marie property that is found in D.B. 365, Pg. 423-425 and said perpetual easement runs along the south side of this property from the west line of Lot No. 4 in said Upland Heights Subdivision (D.B. 265 – Pg. 423-425) said 4” sewer  line being located approximately 27’ northwardly from the southeast corner of said Smith property, running to a Wye Connection near or at the South line of the above described property, & located approximately 20’ eastwardly from the southwest corner of said Smith property.  The above, with all necessary right of ingress and egress, for the use and benefit of the Grantor, their heirs and assigns, to maintain and repair the 4” sanitary line and a wye connection (4” to 6”); provided however, that the Grantor and their heirs and assigns shall at their sole expense, remove all pipe and other property placed upon the premises, fill and level all ditches, ruts and depressions, remove all debris and generally restore the surface of the premises as near to its former condition as may be possible, all within reasonable time after the maintenance or repair operations.

Also, a legal instrument to allow for a 25’ wide perpetual easement for a 6” sanitary sewer across a Link Pennington, Jr. Lot #8 to the Revised Plan of the Upland Terrace Subdivision (Misc. Book 81, Page 242)

Subject to a sewer line easement found in favor of Corbin City Utilities Commission, dated 8/24/93, recorded 8/25/93 of record in E.B. 81, at Page 242 in the Whitley County Clerk’s Office.

Said property was conveyed to Ray Hugill and Shannon McConaughey, husband and wife, by Rhonda Messer Bargo, a single woman, on March 11, 2008, by a deed recorded on March 13, 2008, in Deed Book 482, Page 390, in the Office of the Whitley County Clerk’s Office.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 21st day of August, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 13-CI-168

Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, Plaintiff, VS. Marlena Hibbard aka Marlena A. Hibbard; Daniel Hibbard aka Daniel L. Hibbard; Unknown Defendant, Spouse of Marlena Hibbard; Unknown Defendant, Spouse of Daniel Hibbard, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 15, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, September 16, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants plus costs is as follows:

(1) The principal sum in the amount of $61,310.59, plus interest from 05/1/11  in the amount of $7,050.65, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $4,049.14 for a total in the amount of $72, 431.34, together with interest at the rate of 6.0000 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

PROPERTY ADDRESS: 600 West 5th Street, Corbin, KY 40701.

Beginning at a point on the west wedge of west edge of the sidewalk, said point being 79.30 feet North of the intersection of the north edge of the sidewalk on 5th Street and said west edge of the sidewalk on Sycamore Street and also being in line with the existing chain link fence; thence S 78-15-00 W 50.00 feet to a point in the line of Lot #3; thence with the line of said Lot #3 N 11-45-00 W 35.70 feet to a stake in the line of an alley; thence with said alley N 78-15-00 E 50.00 feet to the line of Sycamore Street; thence with said street S 11-45-00 E 35.70 feet to the point of beginning containing 1785.00 sq. feet.

Subject to easements, conditions and restrictions of record.

Being the same property conveyed to Daniel L. Hibbard and Marlena A. Hibbard, husband and wife, by deed dated October 06, 2008 and recorded in Deed Book 487 Page 317, 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 (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 21st day of August, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 10-CI-582

U.S. Bank National Association, as Trustee for JPMorgan Mortgage Acquisition Trust 2006-HE2, Asset Backed Pass-Through Certificates, Series 2006-HE2, Plaintiff, VS. Donna Dean; Mortgage Electronic Registration Systems, Inc.,  Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 11, 2012, and a subsequent Orders entered January 7, 2013, April 1, 2013 and July 15, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, September 16, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Donna Dean, plus costs, is as follows:

(1) The principal sum in the amount of $104,482.04, plus pre-acceleration late charges in the amount of $22.41, plus interest from 03/1/10 in the amount of $9,433.49, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $14,438.71, plus property inspection in the amount of $370.00, for a total in the amount of $128,746.65 together with interest at the rate of 4.2500 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,350.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 334 Kelso Trail, Corbin, KY 40701.

Being Lot No. 238 of the Tattersall Trails Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 43, 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.

Being the same property conveyed to Donna Dean by deed dated April 21, 2006 and recorded at Deed Book 468, Page 679, Whitley County Clerk’s 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 one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 21st day of August, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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