Legal Notices for 8/8/12, page 7

 

 

 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO.  11-CI-00922

COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. DONALD ARCHER and   SHANNON ARCHER, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 13, 2012, and the Defendants having filed a Chapter 7 Bankruptcy (being case #12-60360) on or about March 19, 2012, and an Order entered of record on June 5, 2012 in that Bankruptcy proceeding terminating the automatic stay and allowing the Plaintiff to sell the property herein described, 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 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Donald Archer and Shannon Archer, plus costs, is as follows:

(1) The principal sum of $71,692.64, plus unpaid interest of $1,854.05, plus late charge of $98.48, and an escrow balance of $563.82, for a total payoff of $74,208.99, plus interest and accruing daily at a rate of $13.9402356 (as of November 14, 2011).

Property Address:  2499 Tyes Ferry Road, Rockholds, KY 40759.

The property to be sold is as follows:

 That was conveyed on 16 day of August, 2007 by Daniel Stewart and wife Natasha Stewart. To Donald Archer and wife Shannon Archer. By deed recorded in Deed Book 478 Page 763 in the Whitley County Court Clerks Office as described in the attached description which is hereby incorporated by reference as if fully copied at length.

All that parcel of land in Whitley County, Commonwealth of Kentucky, in Deed Book 478, Page 763, iD#158-00-00-006.00, being known and designated as beginning at big pine tree on county road thence southward 300 feet  to post; thence southeast 126 feet to post, thence eastward 179 feet to post; thence northward 483 feet to county road; thence westward 154 feet following county road to the beginning.

By fee simple deed from Natasha Stewart and Daniel Stewart, and wife as set forth in Book 478 Page 763 dated 08/16/2007 and recorded 08/23/2007, Whitley County records, Commonwealth of 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 successful bidder is a party to this action, which has been adjudged to have a lien on the particular tract or parcel of real property bid upon, then, 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO.  12-CI-00220 and 09-CI-00008

COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. WANDA HART AND SONNY HART, Husband and Wife; R.C. Miller OIL CO., INC.; DISCOVER BANK, Issuer of  the Discover Card, By Its Servicing Agent, DFS SERVICES, LLC; THE HOSE HOUSE INCORPORATED; CITY OF CORBIN; WHITLEY COUNTY, KENTUCKY; TAX EASE LIEN INVESTMENTS 1, LLC; US BANK CUST SASS MUNI VI dtr; and KENTUCKY TAX COMPANY, LLC, DEFENDANTS.

And

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFFS VS. WANDA HART; SONNY HART; COMMUNITY TRUST  BANK, INC., AKA FARMERS NATIONAL BANK; DFS SERVICES, LLC; COMMONWEALTH OF KENTUCKY And CITY OF CORBIN KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 12, 2012, and a subsequent Order consolidating the above cases entered of record on June 12, 2012, 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 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment for the Plaintiff Tax Ease against the Defendants, Wanda Hart and Sonny Hart, plus costs, is as follows:

(1) The sum of $1,389.47 for tax years 2003, 2004, 2005 and 2007, plus accrued statutory simple interest thereon at the rate of 12% per annum from the date of assignment of the Certificate of Delinquency to the Plaintiff until; paid; and pursuant to CR 54.04 and KRS Chapter 134, Plaintiff’s expenses, costs and attorney fees incurred herein to the established by subsequent affidavit as the proceedings may warrant.

Property Address:  399 23rd Street, Corbin, KY 40701, Parcel/Map ID# 138-00-00-015.00, and more fully described as follows:

REAL ESTATE SITUATED IN WHITLEY COUNTY, KENTUCKY, TO-WIT:

Beginning at a corner junction of a 20-foot right-of-way and a graveyard road; thence N. 36 degrees 41 minutes E. 146 ft. along the 20-foot road right-of-way to a point; thence N. 39 degrees 30 minutes E. 162 ft/ along the 20-foot right-of-way to a corner; thence N. 84 degrees 55 minutes W. 284 ft. along a fence row to a pointe; thence N. 87 degrees 30 minutes W. 277 ft. along a fence row to a point; thence N. 81 degrees 20 minutes W. 96.5 ft. along the fence row to a point; thence N. 89 degrees 30 minutes W. 270 ft. along the fence row to a corner stake; thence S. 4 degrees E. 211 ft. along a proposed road to a corner; thence S. 82 degrees 50 minutes E. 147 ft. along the graveyard road to a point; thence S. 85 degrees 30 minutes E. 114.5 ft. along the graveyard road to a point; thence S. 82 degrees 55 minutes E. 468 ft. along the graveyard road to the beginning corner.

Being the same property conveyed to Wanda Hart and Sonny Hart, by Deed dated the 29th day of August, 1992, and of record at Deed Book 358, Page 16, 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616