Legal Notices for 8/31/2011, page 3

 

 the “PC” of a curve; thence running with said right-of-way along a curve to the right having a radius of 45.00 feet, an arc length of 75.76 feet a chord length of 67.13 feet and a chord bearing  of N. 10 deg. 43’ 02” E. to a ½” Rebar and cap, said rebar located at the “PT” of said curve; thence, continuing with said right-of way N. 58 deg. 56’ 59” E., 76.54 feet to the Point of Beginning and containing a calculated area of 1,000 acres as per boundary survey by Bobby Anderson, PLS #3377, with Appalachian Technical Services, Inc., on May 8, 2003.

BEING THE PROPERTY CONVEYED IN Warranty Deed from Lonnie Ray Bennett And Wife, Marilyn Bennett And James Mckiddy And Wife, Cora Mckiddy to Mary Douglas, dated 10/15/2004, recorded 10/18/2004, in Deed Book 456, Page 388, In the County Clerk’s Office for Whitley County, Kentucky.

Property Address is: 93 Mac Bennett Drive, 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 ten percent (10%) down with the balance in sixty (60) 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, it shall not be required to make down payment 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 22nd day of August, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 11-CI-00352

FORCHT BANK, NA SUCCESSOR IN INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. ROBERTA DAVENPORT and Her husband, JOHN DAVENPORT; TAX EASE LIEN SERVICING, LLC; 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 11, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 12, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Roberta Davenport and Default Judgment In Rem against John Davenport, plus costs, is as follows:

(1) The principal sum of $39,274.05 as of June 7, 2011, plus interest at the rate of 8.5%. 

(2) The Plaintiff is adjudged to have a security interest in the Defendant’s 1997 Clayton mobile home, Vin No. CAP003223TNAB.

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

BEING all of the New Lot of 217 of the Hemlock Subdivision, Section–B as recorded in Map Book 4, Page 9, Whitley County Court Clerk’s Office, described as follows:

BEGINNING on an iron pin at the corner of Lot 216 and running N 56° 40’ E 150.00 feet to an iron pin corner of Lot 213; thence running N 24° 33’ 13” W 172.69 feet to an iron pin; thence S 76° 15’ W 40.00 feet to an iron pin; thence S 79° 58’ 24” W 99.42 feet to an iron pin; thence S 21° 21’ 51” E 228.39 feet to the BEGINNING.

Party of the first part reserves for himself and his heirs and assigns the oil and gas rights of the within property.

There is a 10 foot easement for utilities along the property lines of the above parcel.

BEING THE SAME PROPERTY conveyed to Roberta Davenport and her husband John Davenport, by deed from Juanita Rose, single, dated September 23, 2003 and recorded in Deed Book 447, Page 93 of the Whitley County Clerk’s Office.

Property Address is: 475 Hemlock Drive, 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 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 less than its Judgment, then, and in that event, they shall only be required to pay the costs and expenses of the Commissioner’s sale, 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 22nd day of August, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701; TELEPHONE: (606) 528-0616

 

Notice of Intention to Mine

Pursuant to Application Number 918-0413

In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC; 332 W. Cumberland Gap Pkwy., Suite 100; Corbin, Kentucky 40701 has applied for a permit for a surface coal mining and reclamation operation. The proposed operation will disturb 100.8 surface acres and will underlie 18.5 acres, and the total area within the permit boundary will be 119.3 acres. The proposed operation is located approximately 2-1/2 miles north of Rock Spring Road’s intersection with KY Hwy 904, and approximately 3 miles northeast of the community of Nevisdale, in Whitley County, Kentucky.

The proposed operation is located on the Saxton U.S.G.S. 7-1/2 minute quadrangle map. The operation will use the Contour and Auger methods of mining. The surface area is owned by Michael Powers, Ernie McCullah, Terry Lowe, Doris Fay Fletcher, Jeff Fear and Tim Fear. The operation will not affect an area within 100 feet of a public road. The operation will not involve relocation and/or closure of a public road.

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office; 1804 East Cumberland Avenue; Middlesboro; Kentucky 40965-1229. Written comments, objections, or requests for a permit conference must be filed with the Director; Division of Permits; #2 Hudson Hollow Road, U.S. 127 South; Frankfort, Kentucky 40601.

 

The Williamsburg Independent Board of Education will hold a public hearing in the Auditorium on September 13, 2011 at 5:30 P.M. to hear public comments regarding a proposed general fund tax levy of 41.7 cents on real property and 42.6 cents on personal property.

The General Fund tax levied in fiscal year 2011 was 40.3 cents on real property and 43.4 cents on personal property and produced revenue of $590,713.58.  The proposed General Fund tax rate of 41.7 cents on real property and 42.6 cents on personal property is expected to produce $621,721.82.  Of this amount $67,570.35 is from new and personal property.  The compensating tax for 2012 is 40.1 cents on real property and 41 cents on personal property and is expected to produce $597,931.12.

The general areas to which revenue of $31,008.24 above 2011 revenue is to be allocated are as follows:  Cost of collections, $0; building fund, $0; instruction $31,008.24; transportation, $0; and maintenance of plant, $0.

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

 

PUBLIC NOTICE:

The Williamsburg Police Department has recovered a White 5th wheel camper trailer brand name Wildcat by Forest River. Camper has been abandoned at the WalMart parking lot for approximately one year. Anyone having claims to the property should contact the Williamsburg Police Department at 606-549-6087 and provide proof of ownership or the property will be sold by the Williamsburg Police Department.

 

Notice of Blasting Schedule

Alden Resources LLC, 332 W. Cumberland Gap Parkway, Suite 100,  Corbin, KY  40701, phone (606)523-9760, gives notice that blasting operations will be conducted on its coal mine permit number 918-0433, covering 98.15acres owned by David Boyd, Dee Woods Heirs, William and Edna Hill, Ray and Geneva Hill and Doris Vanover.

The proposed operation is located approximately 0.5 miles north of Perkins, Kentucky.  The proposed operation is approximately 0.80 miles east of the Maple Creek Road junction with Brown Creek Road and located 3.9 miles north of the mouth of Maple Creek.  The latitude is N36°47’21”.  The longitude is W84°03’25”.

Blasting operations are projected to commence September 2011.  Blasting will be conducted between sunrise and sunset except in emergency situations.  Emergency situations include, but are not limited to, lightning, the imminent threat of lightning, or other circumstances that require unscheduled detonation for the safety of the public or miners.

Signs or barriers identify entry points to the blast area.  A representative or representatives of the permittee will monitor the access point(s) and prevent entry of unauthorized persons during the blast.

The pre-blast warning signal will be a one (1) minute series of long blasts five (5) minutes prior to the blast signal.  The final blast warning signal will be a series of short blasts one (1) minute prior to the detonation.  The all clear signal will be a prolonged blast following the inspection of the blast area.