Legal Notices for 8/7/13, page 1

 

 PUBLIC NOTICE

Second Reading of a proposed Ordinance amending the Whitley County Budget for Fiscal Year 2013-2014, to include unanticipated receipts increasing/decreasing from the General, Road, Jail, LGEA, AMB, Forest, Occupational Tax, Tourism and 911 funds in the amount of $378,690.00 and increasing/decreasing expenditures in the General, Road, Jail, LGEA, AMB, Forest, Occupational Tax, Tourism and 911 funds in the amount of $ 378,690.00 will be held on 08/20/13 at 6:00 PM in the Whitley County Fiscal Court Room during the Regular Meeting. A copy of the proposed Ordinance with full text is available for public inspection at the Office of the County Judge Executive during normal business hours.

Pat White, Jr., County Judge ExecutivE

 

 

PUBLIC NOTICE

The annual financial statement of the County Treasurer required by KRS 424.220 has been prepared and accepted by the Whitley County Fiscal Court for the fiscal year ended June 30, 2013. Copies will be provided to each local newspaper of general circulation, each news service and local radio and television station which has a written request to be provided a statement.

The Whitley County Fiscal Court, pursuant to KRS 424.220 (8) chooses to however publish the auditor’s report for the fiscal year ended June 30, 2013.

Pat White, Jr., Whitley County Judge/Executive 

 

NOTICE:

Notice is hereby given by order of the Whitley District Court, that the following appointments have been made:

Doyle L. Hill, 7508 Meadow Creek Rd., Rockholds, KY 40759 has been appointed executor for the estate of Eunice Grant Hill, deceased, Whitley Co., Ky. Hon. Timothy C. Wills, 333 W Vine St, Ste 1700, Lexington, KY 40507, atty for said estate.

Hon. Amanda Hill, 1506 S Main St, Corbin, KY 40701 has been appointed administratrix for the estate of Ledford Carl Robinson, deceased, Whitley Co, Ky. Hon. David Hoskins, PO Box 1185, Corbin, KY 40702 and Hon. Paul Croley, PO Box 447, Williamsburg, KY 40769, attys for said estate.

Darrell Massengale, 9219 Cumberland Falls Hwy, Corbin, KY 40701 has been appointed administrator for the estate of Donald Masengale, deceased, Whitley Co., Ky.

Irene Holloway, 85 Holloway Dr., Corbin, KY 40701 has been appointed executrix for the estate of Shirley Patrick, deceased, Whitley Co., KY. Hon. Robert Hammons, PO Box 1388, Corbin, KY 40702, atty for said estate.

All persons having claims against the said estates are requested to present same, verified according to law to the said appointees, not later than six months from said date of appointment.

Given under my hand this 30th day of July, 2013.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS, WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

NOTICE:

Carmella Slone has filed the final settlement for the estate of Lewis Mills. Bobby Chavis has filed the final settlement for the estate of Barthelta Chavis.

Exceptions, if any, must be filed prior to Sept. 9, 2013.

The hearing will be held at the Whitley District Court, 805 South Main Street, Corbin, KY 40701.

Given under my hand this 30th day of July, 2013.

GARY W. BARTON

WHITLEY CIRCUIT/DISTRICT COURTS, WILLIAMSBURG, KY

 

NOTICE:

Melissa A. Lawson, 1752 Keswick Road, Williamsburg, Kentucky 40769 has been appointed Administratrix over the Estate of Bennie T. Prewitt, deceased.

Michael R. Huey, 932 Alsile Road, Williamsburg, Kentucky 40769 has been appointed Executor over the estate of Doris Carpenter, deceased.

Carla Shelton, 112 Red Witt Road, Williamsburg, Kentucky 40769 has been appointed Administratrix over the Estate of Larry W. Shelton, deceased.

Donald Griffey, Jr., 3841 Hillock Ct, Charlotte, NC 28215 and Edgar Griffey, Villa Rica, GA 30180 have been appointed Co-Executors over the Estate of Donald D. Griffey, Sr., deceased.

Kevin Jackson, 5642 Hwy 511, Rockholds, Kentucky 40759 has been appointed Executor over the Estate of Peggy Muntz, deceased.

Paul Bell, 70 Tyes Ferry Road, Rockholds, Kentucky 40759 has been appointed Administrator over the Estate of Zera P. Bell, deceased.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS, WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

NOTICE:

Final settlement has been filed in the Estate of Oscar Canada, deceased, by Willena Canada, Administrator. A final hearing will be held September 10, 2013 at 1:00 PM at the Whitley County Judicial Center, District Courtroom located in Williamsburg, Kentucky.

Exceptions, if any, must be filed prior to September 10, 2013. The hearing will be held at 1:00 PM in the Whitley District Court, Williamsburg, Kentucky.

Given under my hand this 31st day of July, 2013.

GARY W. BARTON

WHITLEY CIRCUIT/DISTRICT COURTS, WILLIAMSBURG, KY

 

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 August 22, 2013 at 5:45 p.m. to hear public comments regarding a proposed tax levy of 38.6 cents for real property and 39.8 cents for personal property.

The General Fund tax rate levied in fiscal year 2013 was 38.6 cents for real property and 39.8 cents for personal property and produced revenue of $2,389,790.  The proposed General Fund tax rate of 38.6 cents for real property and 39.8 cents for personal property is expected to produce $2,577,160.  Of this amount, $21,287 is from new and personal property.  The compensating tax rate for 2014 is 38.5 cents on real property and 38.5 cents on personal property and is expected to produce $2,557,876.

The general area to which revenue of $19,284 is to be allocated is instruction.

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

 

 

 

Public Notice

Corbin Board of Education Notice of Non-Discrimination

Students, their families, employees and potential employees of the Corbin Independent School District are hereby notified that the Corbin Independent School System does not discriminate on the basis of race, color, national origin, age, religion, marital status, sex or disability in employment, vocational programs, or activities as set forth in compliance with federal and state statutes and regulations.

Any persons having inquiries concerning Corbin Independent Schools’ compliance with Title II, Title IV, Title VI, Title IX and/or Section 504 may contact: Dave Cox or Ramona Davis, Assistant Superintendent or Jane Chandler, 504 Coordinator; Corbin Board of Education, 108 Roy Kidd Avenue, Corbin, KY 40701; (606)528-1303 – david.cox@corbin.kyschools.us, Ramona.davis@corbin.kyschools.us, or jane.chandler@corbin.kyschools.us

The Corbin Independent School District System offers the following career and technical education programs for all students regardless of race, color, national origin, including those with limited English proficiency, sex or disability in grade 9-12: Business and Office Technology, Electricity, Health Sciences, Automotive Repair and Refurbishing, Technical Drawing and Welding. Persons seeking further information concerning the vocational education offerings and specific pre-requisite criteria should contact: Toni Carloftis or Nancy Wyatt, Guidance Counselors, Corbin High School, 1901 Snyder Street, Corbin, KY 40701; (606) 528-3902, www.corbinschools.org

To obtain this information in a language other than English, call (606) 528-1303.

 

LEGAL NOTICE

In accordance with Chapters 65 and 424 of the Kentucky Revised Statutes, the financial report and supporting data may be inspected by the general public at the Whitley County Conservation District, located at 1707 Cumberland Falls Hwy, Suite L3, Corbin, KY, between the hours of 8:00am and  4:30pm Monday through Friday.  Meetings are held on a monthly basis on the third Thursday of the month at 6:30pm, with the exceptions of July and December, and are open to the public. Citizens serving on the Whitley County Conservation District Board of Supervisors are:

Lee Edd Sears, 2435 Louden Road, Williamsburg KY 40769, Chairman

Charles Ohler, 5101 Cumberland Falls Hwy, Corbin KY 40701, Vice-Chairman

Harold Prewitt, 211 Angel Road, Williamsburg, KY 40769, Sec-Treasurer

Jack Clark, 6911 Hwy 779, Rockholds KY 40759, Member

Joann Siler, 114 Lud Tolliver Road, Williamsburg KY 40769, Member

Jack R. Smith, 920 Corinth Cemetery Road, Corbin KY 40701, Member

Barry Arnett, PO Box 389, Williamsburg KY 40769, Member

 

 

 

NOTICE TO WHITLEY COUNTY TAXPAYERS

Kay Schwartz, Whitley County Clerk, pursuant to KRS 424.130, and the Whitley County Fiscal Court, announces that the 2012 Delinquent Real Property Tax Bills (Certificates of Delinquency) will be published in the News Journal Newspaper on August 14, 2013.

The list of Certificates of Delinquency is also available for public inspection during the hours of 7:30 am – 6:00 pm on Mondays and 7:30 am – 4:30 pm Tuesdays through Fridays, at the County Clerk’s office located at 200 Main St. (Courthouse) Room 2, Williamsburg, KY. This list may also be inspected on the Software Management, LLC website at kydtax@smllc.us. The Uniform Resource Locater (URL) of the website is 174.141.82.110.

The tax sale will be held on September 17, 2013 beginning at 9:00 am. All interested participants must register with the County Clerk’s office by the close of business on September 6, 2013.

Please contact the County Clerk’s office if you need additional information about the tax sale registration process. Taxpayers can continue to pay their delinquent tax bills to the County Clerk’s office any time, during business hours, prior to the tax sale. Some delinquencies – although they have been advertised – will be excluded from the tax sale in accordance with the provisions of KRS 134.504(10)(b).

The following methods of payment will be accepted by the Clerk’s office from tax payers and third party purchasers: Cash, Check, Debit/Credit Cards. If you have any questions, please do not hesitate to contact the County Clerk’s office at 606-549-6002.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0462

In accordance with KRS 350.055, notice is hereby given that Investment Energy LLC, P O Box 174, 169 France Dr., Gray, KY 40734, has applied for a permit for a surface coal mining and reclamation operation located 1 miles north of Mountain Ash in Whitley County. The proposed operation will disturb 12.36 surface acres and will underlie 4.96 acres, and the total area within the permit boundary will be 17.05 acres.

The proposed operation is approximately 1.2 miles north from Old Mountain Ash Road’s intersection with US25E and located 0.5 miles east of Clear Fork.

The propose operation is located on the Williamsburg/Saxton U.S.G.S. 7-1/2 minute quadrangle maps.  The operation will use the contour and auger methods of surface mining.  The surface area to be disturbed is owned by Kathy Carpenter.

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

 

COMMONWEALTH OF KENTUCKY – 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION NO. I

CIVIL ACTION NO. 11-CI-00501

TAX EASE LIEN SERVICING, LLC, PLAINTIFF VS. UNKNOWN HEIRS OF JACKIE LAWRENCE GILREATH; JAMOS FUND I, LP; WHITLEY COUNTY; and U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR IN INTEREST TO WACHOVIA CUSTODIAN FOR SASS MUNI V. DTR, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 1, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, August 19, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

Defendant/Counterclaimant/Cross-Claimant, U.S. Bank National Association as successor in interest to Wachovia Custodian for Sass Muni V. DTR is awarded a Default Judgment in rem against the Defendants, Unknown Heirs of Jackie Lawrence Gilreath, and Summary Judgment against Plaintiff, Tax Ease Lien Servicing, LLC, and Defendants, Jamos Fund I, LP, and Whitley County, as to their interest in the subject property, (1) for the sum of $342.50 as of July 31, 2007, with interest thereon at the rate of twelve percent (12%) per annum until paid; and (2) costs and expenses herein expended, including any fees, penalties, and a reasonable attorney’s fee of $999.00 for protecting its Certificate of Delinquency already involved in litigation and prosecuting this collection, along with its reasonable attorneys’ fees hereinafter incurred; its costs that have arisen due prosecuting this collection in the amount of $476.00; attorney’s fees in the amount of $285.00 for collection efforts prior to litigation; and administrative fees in the amount of $100.00 for each certificate.

PROPERTY ADDRESS:   O Jellico, Williamsburg, KY 40769.

Map ID No. 135-40-00-009.00.

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

TRACT ONE: BEGINNING at the North west corner of the building owned by Aaron Smith, once occupied as a restaurant; thence with said building as east course about 91 feet to a stake in the west line of Kentucky Street; thence with Kentucky Street northwardly about 41 feet to a stake corner of lot owned by Josie Lewis and others; thence with said Josie Lewis line 55 feet to a stake in the E.  Line of Main Street thence with Main Street 50 feet to the BEGINNING.

TRACT TWO: BEGINNING at an iron pin which is on the east side of Kentucky Street and is 33 2/10 feet from the state line stone; running thence North 130 west 19 6/10 feet to an iron pin near the S.W. corner of the porch; thence north 7 degrees and 25 seconds 45 3/10 feet to an iron pin at the corner of Kentucky Street and ________ Street; thence north 75 degrees and 25 seconds 123 feet to an iron pin; thence south 5 degrees East 84 1/2 feet to an iron pin; thence south 84 degrees 25 minutes west about 115 feet to the BEGINNING.

There is EXCEPTED and EXCLUDED from this property, however, a certain parcel of land consisting of 580.58 square feet conveyed by Edith Hall, a single woman, and Mary Jane Harville to Whitley County Urban Renewal and Community by deed dated February 26, 1981 and recorded in the Whitley County Court Clerk’s Office in Deed Book 288, Page 187.

Being the same property conveyed to Jackie Lawrence Gilreath by deed dated August 1, 1997, recorded in Book 394, page 468, Office of 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.

On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (1/3%) down with the balance in thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Defendant/Counterclaimant/Cross-Claimant, U.S. Bank National Association as successor in interest to Wachovia Custodian for Sass Muni V. DTR or its representative is the purchaser, then, and in that event, and no bond shall be executed by them and they shall be entitled to take credit against the purchase price to the full extent of their lien(s) and costs and expenses, including attorney’s fees awarded herein.  Should the sale not bring     sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Defendant/Counterclaimant / Cross-Claimant shall be entitled to take credit against the purchase price in the amount of the Defendant/Counterclaimant/Cross-Claimant’s pro rata share of the sale proceeds.

2. 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 29th day of July, 2013.

HOWARD O. MANN, MASTER COMMISSIONER – WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY – 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION NO. II

CIVIL ACTION NO. 12-CI-00013

FREEMAN AND CHILDERS, PLAINTIFF, VS. LESTER PEACE; GEORGE PEACE; CHARITY PEACE MEADORS; NOBLE PEACE; MARY PEACE BROOKS; BEN A. PEACE; HERMAN ARCHER PEACE; PHYLLIS ANN PEACE LONG; JOHANNA PEACE KISSINGER; ESTATE OF DON ED PEACE, a/k/a DONALD E. PEACE; UNKNOWN HEIRS OF DON PEACE; HAWLEY HUGHES; SECURED CAPITAL INVESTMENTS, LLC; CORBIN NURSING HOME, INC.; WHITLEY COUNTY, KENTUCKY; CITY OF CORBIN, KENTUCKY; WILLIAM BRADLEY PEACE; ALICE BROOKS BAILER; MARTHA JEAN BROOKS FRASER; JEFF BROOKS; PAUL EDWARD BROOKS; JAMES ANDREW BROOKS; DOUGLAS NORMAN BROOKS; DONNA LYNNE BROOKS HAAN; PEGGY ANN BROOKS ABELL; EMMA JEAN BROOKS AYRES; HUGH BALLARD BROOKS; DANA CAROLE CRANFORD NIPPER; MICHAEL DALE CRANFORD; LINDA MEADORS ZEIGLER; DONALD WAYNE MEADORS; MARTHA SUE WONDERS; GERALD MICHAEL MEADORS; STEVE MEADORS; PATRICIA MEADORS HUMPHREY; HERMAN ARCHER PEACE, JR.; BETTY KATHERINE PEACE STEM; ERIC CHRISTOPHER LONG;

DREW WESLEY LONG; DAVID SULFREDGE; DORA ROBBINS RISNER; RONALD DEAN ROBBINS; JOHN F. ROBBINS; BEVERLY ROBBINS; BILL ROBBINS; PHYLLIS ROBBINS; JOHN EDWARD ROBBINS; DAVID KEITH ATCHLEY; JANICE LYNN DICKERSON; MELISSA ATHERTON; ROBIN HURST; JOHN LEE ROBBINS; MARY ELIZABETH DEBERG; WILLIAM ROBBINS; PAULINE JACKSON; EARL JACKSON; KENNETH JACKSON; RICHARD THOMPSON; BILLY THOMPSON; DREW THOMPSON; ANJA THOMPSON; SARA THOMPSON; AMY LEE THOMPSON SCHNAPS; MILDRED EATON HUMPHRIES; ROBERT WAYNE EATON; and KIMBERLY EATON RAGSDALE, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 29, 2013 and a subsequent Order entered May 10, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, August 19, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

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

(1) The principal and interest from February 18, 2009 in the amount of $10,988.43, plus interest at the rate of 12% per annum from the above date until paid, its costs herein expended in the amount of $2,700.73, and any other fees expended for services performed in connection with the Defendants’’ default and for purposes of protecting Plaintiff’s interest in the property.

Property Address: 205-209 South Main Street, Corbin, Whitley County, Kentucky, Number 137-41-26-008.00 (Estate of Don Peace Parcel A) and 137-41-26-006.00 (Peace Realty Inc. Parcel B) which real property is more particularly described as follows:

SECOND TRACT: A certain tract on parcel of land being on the east side of main street, in Corbin, Whitley County, Kentucky, and being the same land conveyed to W.G. Buchanan, et al, by Wm. Hacker, et al, by deed dated June 25, 1927, which is recorded in Deed Book 117, at page 573, Whitley County Court Clerk’s office, and bounded as follows:

Beginning at a stake in the east line of said Main Street 52 feet, 6 inches south of second Street, same being a corner of Wm. Wells and A.T. Diecidue, thence eastwardly with the line of said Wells and Diecidue 105 feet to a stake in the line between Lots No. 1B and 10; thence running in a southern direction with the line dividing said lot 25 foot to a stake in said line; thence running in a western direction through said lot 1B parallel with the line of said Wells and Diecidue and parallel with Second Street 105 feet to a stake in main street; thence northward with Main Street 25 feet to the beginning.

THIRD TRACT: Being a southern part of Lot No. 18 in Chestnut addition to the City of Corbin, Kentucky plat of which is of record in Deed Book 23, at page 319, Whitley County Court Clerk’s office, being the same property conveyed to W.G. Buchanan et al, by Chas Sulfredge and wife, by deed dated Feb., 23, 1927, which is recorded in Deed Book 111, page 140, Whitley County Court Clerk’s office, and being described as follows:

Beginning at a stake in the east line of Main Street 77 feet, 6 inches south of Second Street and corner of John Q. Sammons, running thence in an eastern direction with the line of said Sammons and parallel with Second Street to a stake in the line between lots 18 and 9; thence running in a southern direction with the line dividing said lots 27 feet, 6 inches to the corner of Lots 9, 18 and 19, and the ice plant lot shown a B on said plat above; thence running with the south line of Lot 18 in a western direction 105 feet to Main Street; thence with the line of Main Street in a northern direction 27 feet, 6 inches to the Beginning. 

It is further provided, stipulated and agreed that an alley or passageway is reserved some ten feet in width beginning at the line of Wells and Diecidue and running southward along the line between said lots 19 and 9, same to be a private and not a public alley, and for the use of the other lots south of the lot above described.  The alleyway above described connects with the concrete on Second St. 

Being the same real property inherited by Don Ed Peace by the Will of Edward Peace or record in Will Book No. 8 page 46, and by the affidavit of descent of Lucy Peace of record in Deed book 305 page 236.  For further source of title see Deed book No. 143 page 500 and Deed book No. 150 page 395 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 percent (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, 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 29th day of July, 2013.

HOWARD O. MANN, MASTER COMMISSIONER – WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY – 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION NO. I

CIVIL ACTION NO. 13-CI-00080

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. EDWARD O. VEACH (in rem); ANGELA N. BANKS (in rem); UNKNOWN SPOUSE OF EDWARD O. VEACH (in rem); RUTH ROSE (in rem); BETTY WOODS (in rem); TAX EASE LIEN SERVICING LLC; and COUNTY OF WHITLEY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 3, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, August 19, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Default Judgment against the Defendants, Edward O. Veach and Angela N. Banks and Ruth Rose (in rem), and Betty Woods (in rem), jointly and severally, plus costs is as follows:

(1) The principal sum in the amount of $61,401.47, plus interest through 04-30-13 in the amount of $4,854.34, plus late charges in the amount of $65.00, plus escrow in the amount of $114.02, plus attorney’s fees paid through 04-30-13 in the amount of $1,156.00, plus costs and services fees in the amount  of $679.40, plus advancements for protection of the property in the amount of $926.82, for a total in the amount of $69,197.05, together with interest at the rate of  8.74% per annum from April 30, 2013, until entry of Judgment and thereafter at the judgment rate of 12.00% per annum, until paid, plus the costs expended herein and any sums expended by Plaintiff for insurance, ad valorem taxes and for preservation of real estate until date of sale, and attorney fees incurred after April 30, 2013.

(2) Also included in the sale is a 2010 Giles mobile home, VIN GM9510AB.

Property Address: 3772 Whetstone Road, Rockholds, Kentucky 40759.

Map #173-00-00-014.00

Edward O. Veach real estate at 3772 Whetstone Road, Rockholds, Whitley County, Kentucky, and more particularly described as follows:

Beginning on a stake by a small branch also corner of Albert Peace; thence with Peace line S 39-1/2º East 227 feet to a stake and fence in Billy Woods line; thence with Woods Line S 44º West 88 feet to a stake by a small branch also corner of Woods and Carl Griffith; thence down the branch with Griffith’s line N 40º West 226 feet to a stake by a small branch; thence with the branch N 44º East 88 feet to the beginning.

Also: There is a 16 foot wide roadway connecting this property with the Whetstone Road going with this conveyance.

BEING the same property conveyed to Edward O. Veach from Harold Lee Rose and Teresa Lynn Rose, his wife, and Carol Ann Rose Frazier, single, by deed dated May 5, 2006, of record in Deed Book 470, Page 474, in the Office of the Whitley County 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 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 29th day of July, 2013.

HOWARD O. MANN, MASTER COMMISSIONER – WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY – 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION NO. II

CIVIL ACTION NO. 13-CI-00164

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. DORIS B. MAZANEC;  UNKNOWN SPOUSE, IF ANY, OF DORIS B. MAZANEC; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON BEHALF OF SECRETARY OF REVENUE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 17, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, August 19, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Default Judgment against the Defendant, Doris B. Mazanec, plus costs is as follows:

(1) The principal sum in the amount of $111,133.97, plus accrued interest thereon at the Note rate of 6.75% starting from September 1, 2012 until paid, plus accrued interest, for any other charges which have accrued; and for its costs expended, plus attorney fees which are not included in this Judgment, but will be determined at a subsequent hearing.

(2) Also included in the sale is a 2006 Clayton manufactured home VIN: CAP020873TNAB which was converted to real property by Affidavit of Conversion recorded on October 20, 2009 in Miscellaneous Book 159, Page 716, in the Office of the Clerk of Whitley County, Kentucky.

Property Address: 608 Casey Road, Corbin, KY 40701, and more particularly described as follows:

Being Lot No. 7 of the Casey Ridge Subdivision as shown on Slide 527, Page 384, Whitley County Court Clerk’s Office, and subject to the Protective Covenants and Restrictions for Casey Ridge, LLC, filed December 28, 2006 in Miscellaneous Book 144, Page 189, Whitley County Court Clerk’s Office.

Being the same property conveyed to Doris B. Mazanec, by Deed dated December 29, 2006, being of record in Deed Book 474, Page 262, in the office of the Clerk of 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 29th day of July, 2013.

HOWARD O. MANN, MASTER COMMISSIONER – WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY – 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION NO. I

CIVIL ACTION NO. 13-CI-00197

U.S. BANK AS CUSTODIAN FOR SASS MUNI V DTR ASSUMED NAME FOR SASS MUNI V DTR, LLC, PLAINTIFF VS. WOODY DOUGLAS WATKINS; ROSEZ WATKINS; FORD MOTOR CREDIT COMPANY; TAX EASE LIEN SERVICING, LLC; JPH LIEN SERVICES, LLC; JAMOS FUND I, LP; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVENUE, DIVISION OF COLLECTIONS; COMMONWEALTH OF KENTUCKY, ADMINISTRATIVE OFFICE OF THE COURTS; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF 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 1, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, August 19, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

Judgment against the Defendants, WOODY DOUGLAS WATKINS and ROSEZ WATKINS, plus costs is as follows:

(1) For the sum of $1,236.60 as of the dates of purchase, with interest thereon at the rate of twelve percent (12%) per annum until paid; and (2) costs and expenses herein expended, including any fees, penalties, and a reasonable attorney’s fee. The sum of $5,015.36 as of June 28, 2012, which constitutes principal in the amount of $1,236.60; interest in the amount of $714.34, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $12.36 per month until paid; administrative fees in the amount of $115.00 per certificate; pre-litigation attorney’s fees in the amount of $800.00; reasonable attorneys fees in the amount of $1,500.00 for prosecuting this foreclosure; and costs in the amount of $534.42 that have arisen due to prosecuting this collection.

PROPERTY ADDRESS:   6379 Highway 26, Rockholds, KY 40759, and more particularly described as follows:

BEGINNING at a point located on the right of way of Kentucky Highway 26 and bearing S 04-47-54 E, 83.30 feet from a power pole on the East side of Highway 26 and bearing S 41-16-03 W, 181.96 feet from an iron pin and Southeast most corner of Tract 1; thence leaving Highway 26 and running S 65-08-17 W, 350.28 feet to the L & N. Railroad right of way; thence running with the right of way N 22-00-00 W, 309.1 feet; thence continuing with the right of way N 36-00-00 W, 594.00 feet; thence continuing with the railroad right of way N 40-00-00 E, 33.00 feet to the right of way of Kentucky Highway 26; thence running tangent with Highway 26 the following S 61-30-10 E 235.23 feet; S 57-45-30 E, 179.77 feet; S 52-00-37 E, 152.06 feet; S 41-13-12 E, 358.61 feet; S 32-19-11 E, 87.20 feet to the point BEGINNING and containing 4.55 acres more or less.

AND:

BEGINNING at a point located on the right of way of Kentucky Highway 26 and bearing S 04-47-54 E, 83.30 feet from a power pole on the East side of Highway 26 and bearing S 41-16-03 W, 181.96 feet from an iron pin and Southeast most corner of Tract 1; thence leaving Highway 26 and running S 65-08-17 W, 350.38 feet to the L & N Railroad right of way; thence running with the right of way N 22-00-00 W, 309.1 feet; thence continuing with the right of way N 36-00-00 W, 594.00 feet, thence continuing with the railroad right of way N 40-00-00 E, 33.00 feet to the right of way of Kentucky Highway 26; thence running tangent with Highway 26; thence tangent with Highway 26 the following S 61-30-10 E, 235.23 feet; S 57-45-30 E, 179.77 feet; S 52-00-37 E, 152.06 feet; S 41-13-12 E, 358.61 feet; S 32-19-11 E, 87.20 feet to the point of BEGINNING and containing 4.55 acres more or less.

LESS AND EXCEPT FROM THE ABOVE DESCRIBED REAL PROPERTY:

BEGINNING 412 feet from the corner of the Rains property and Highway 26 at a pole; thence West 175 feet to Watts Creek; thence following Watts Creek North 185 feet to a pole; thence East 150 feet to a pole and the Highway 26 right of way; thence following the Highway 26 right of way South 185 feet to the point of BEGINNING.

LESS AND EXCEPT FROM THE ABOVE DESCRIBED REAL PROPERTY IS THE FOLLOWING DESCRIBED PROPERTY CONVEYED TO JESSICA SUE MURRAY BY DEED DATED APRIL 3, 1999 FROM WOODY DOUGLAS WATKINS AND ROSEZ WATKINS, HUSBAND AND WIFE, RECORDED IN DEED BOOK 407, PAGE 470, IN THE OFFICE OF THE WHITLEY COUNTY COURT CLERK:

BEGINNING at a point along Highway 26 and being the corner of Thomas Daniel Watson’s property; thence North 260 feet along Highway 26 to a point; thence West 51 feet with state line to a point; thence South 228 feet along the creek to a point; thence East 138 feet with Thomas Daniel Watson’s line to the point of BEGINNING.

Being the same property conveyed to Woody Douglas Watkins and Rosez Watkins, husband and wife, by Deed dated June 9, 1997, from William David Bray and Karen D. Bray, husband and wife, recorded in Deed Book 393, Page 55, 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.

On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (1/3%) down with the balance in thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, and no bond shall be executed by them and they shall be entitled to take credit against the purchase price to the full extent of their liens and costs and expenses, including attorney’s fees awarded herein.  Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Defendant/Counterclaimant / Cross-Claimant shall be entitled to take credit against the purchase price in the amount of the plaintiff’s pro rata share of the sale proceeds.

2. 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 29th day of July, 2013.

HOWARD O. MANN, MASTER COMMISSIONER – WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY – 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION NO. I

CIVIL ACTION NO. 13-CI-00200

FIRST STATE FINANCIAL, INC., f/k/a TOWN AND COUNTRY BANK, PLAINTIFF VS. ROBERTA DAVENPORT, a/k/a ROBERTA HOWARD, single; FORCHT BANK, NA; 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 1, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, August 19, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Roberta Davenport, a/k/a Roberta Howard, plus costs, is as follows:

(1) The sum in the amount of $38,376.42 as of March 18, 2013, plus interest thereon at the rate of 6.5% per annum until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

(2) There is a 1995 26×67 Foxwood mobile home, VIN: MY9536039ABF, which shall be included with the real property.

PROPERTY ADDRESS:   200 Mountain View Road, Williamsburg, KY 40769.

MAP NO.: 109-00-00-027.01

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

BEGINNING at a stake in the edge of Mountain View Road, corner of Wilda Carr; thence with Mountain View Road S 15° 12’ 45” E 210 feet to a stake; thence in an eastern direction to a stake; thence N 01° 02’ 20” W 200 feet to an 18” steel “T” stake with cap stamped 1971; thence with Carr’s line S 89° 41’ 01” W 276.44 feet to the BEGINNING.

 BEING the same property conveyed to John Davenport and wife, Roberta Davenport, by deed from Michael Cusick and wife, Loretta Cusick, dated September 2, 1999, of record in Deed Book No. 412, Page 386, Whitley County Court Clerk’s Office.  John Davenport conveyed his interest in said real property to Roberta Davenport, a/k/a Roberta Howard, by deed dated August 1, 2012, recorded in Deed Book 509, Page 675 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 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, 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 29th day of July, 2013.

HOWARD O. MANN, MASTER COMMISSIONER – WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY – 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION NO. I

CIVIL ACTION NO. 13-CI-232

Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP,  Plaintiff, VS. Rosa B. Carter, Defendant.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 3, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, August 19, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Rosa B. Carter, plus costs, is as follows:

(1) The principal sum in the amount of $122,600.83, plus interest from 10/1/11 in the amount of $9,277.59, plus advancements total in the amount of $3,369.07, plus credits in the amount of ($205.46), for a total in the amount of $135,042.03, together with interest at the rate of 4.3750 percent per annum from the above ate until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,700.00, 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: 524 Forego Trail, Corbin, KY 40701.

Being Lot No. 207 of Tattersall Trails Estates in Whitley County, Kentucky, a map of plat of which is duly recorded in Map Book 3, Page 43, Whitley County Court Clerk’s Office and to which map 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 Book 30, Pages 10-14, Whitley County Court Clerk’s Office.

Being all of the same property Rosa B. Carter, a widow, acquired from Frank G. Errico, a widower by Deed dated November 5, 2010, recorded November 10, 2010 in Deed Book 498, Page 787, in the Office of the Recorder of 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 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 29th day of July, 2013.

HOWARD O. MANN, MASTER COMMISSIONER – WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY – 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION NO.  II

CIVIL ACTION NO. 11-CI-00714

PILGRIM ENERGY, INC., PLAINTIFF, VS. JOANNE BLACK; UNKNOWN SPOUSE OF JOANNE BLACK; UNKNOWN HEIRS OF JOANNE BLACK; UNKNOWN DEVISEES OF JOANNE BLACK; UNKNOWN LEGATEES OF JOANNE BLACK; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY; AND TAXCO, LLC, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 17, 2013, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, August 19, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, in rem, plus costs, is as follows:

(1) $75.78 being Pilgrim’s acquisition cost of the 2000 tax bill made the basis of this suit, plus $36.37, twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009; an administration fee of $100.00; and a pre-litigation attorney fees of $75.78; actual and reasonable attorney’s fees of $1,200.00; court costs and service costs, including Warning Order attorney fees of $521.39; and Master Commissioner, Advertising, Appraisers, Judicial Sale Administrative and additional fees and costs herein expanded.

(2) To secure Pilgrim the above listed recovery, Pilgrim is adjudged to have liens on the following described property:

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

A 0.00224 working interest in Lease Name Stanley Bertha, Lease Number 611033

A 0.00334 working interest in Lease Name Hensley Roy 2, Lease Number 623014

A 0.0015 working interest in Lease Name Clark Jack 2, Lease Number 623015

A 0.0015 working interest in Lease Name Bennett Alvin 1, Lease Number 623016

A 0.00334 working interest in Lease Name Hill Ray 1, Lease Number 623018

A 0.00334 working interest in Lease Name Sammy Hill 4, Lease Number 623028

A 0.00334 working interest in Lease Name Hill Sammy 5, Lease Number 623032

A 0.00334 working interest in Lease Name Wynn Willard, Lease Number 623034

A 0.00334 working interest in Lease Name Lester Darrell, Lease Number 623036

A 0.003591 working interest in Lease Name Chandler Raymond 1, Lease Number 623041

A 0.00334 working interest in Lease Name Bunch Henry Hrs 1, Lease Number 623043

A 0.0012 working interest in Lease Name Hill Ray 3, Lease Number 623052

A 0.0012 working interest in Lease Name James Reeves 1, Lease Number 623054

A 0.0012 working interest in Lease Name Hamblin Mont 1, Lease Number 623057

A 0.00174 working interest in Lease Name Gambrel Otto 1, Lease Number 623058

A 0.0012 working interest in Lease Name Wilson Calvin 2, Lease Number 623061

A 0.0016 working interest in Lease Name Pence Clyde 1, Lease Number 623063

A 0.0012 working interest in Lease Name Hendrickson GB, Lease Number 623064

A 0.0016 working interest in Lease Name Johnson Howard F 1, Lease Number 623065

A 0.0012 working interest in Lease Name Hill Louisa 1, Lease Number 623067

A 0.00224 working interest in Lease Name Mackey Cecil 1, Lease Number 623073

A 0.00286 working interest in Lease Name Woods Myrtle 1, Lease Number 623074

A 0.00286 working interest in Lease Name Berry Frank 1, Lease Number 623079

A 0.00286 working interest in Lease Name Woods Emma 1, Lease Number 623089

TERMS OF SALE

1. Pilgrim’s lien is on the undivided natural gas interest in the described property; however, since the oil and natural gas are indivisible in that one (oil) cannot be produced without producing the other, the Court has ordered the sale of the oil and natural gas interest owned by Joanne Black, together, free and clear of all liens and claims of the parties hereto. This lien is also deemed to cover the to any unpaid proceeds or royalties from the well(s) located on said Property, which shall also be sold along with the undivided oil and natural gas interest. Said mineral interest (undivided oil and natural gas) is indivisible and cannot be divided without materially impairing its value and said mineral interest shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (1/3%) down with the balance in thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum less than its Judgment, then, and in that event, they may take a credit upon its Judgment, and shall only be required to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes, pro rata, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations, and leases of record;

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

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

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

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

Dated this 29th day of July, 2013.

HOWARD O. MANN, MASTER COMMISSIONER – WHITLEY CIRCUIT COURT

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