Legal Notices for 9/09/09, page 4

EXHIBIT A

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

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

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

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

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 1/3 down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 14th day of August, 2009.

HOWARD O. MANN. MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL COURT

WHITLEY CIRCUIT COURT

CIVIL ACTION NO. 08-CI-00799

SPECIAL JUDGE

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

VS.

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

NOTICE OF COMMISSIONER’S SALE

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

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

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

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

The property to be sold as follows:

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

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

TERMS OF SALE

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

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

3. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years. All taxes or assessments upon the property for prior years shall be paid from the sale proceeds.

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 19th day of August, 2009.

SANDRA J REEVES, Special Master Commissioner

Whitley Circuit Court

1015 Master St, P.O. Box 1341, Corbin, Ky 40702

phone:606-528-4376

 

NOTICE:

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

Norma Swallows, 1000 Kentucky Ave., Corbin, KY 40701 has been appointed Executrix for the estate of Maley Rose Erwin, deceased, 1000 Kentucky Ave., Corbin, KY 40701. Hon. C. Bishop Johnson, PO Drawer 128, Pine-ville, KY 40977, atty. for said estate.

Darlene Osborne, 58 Barton Mill Rd., Corbin, KY 40701 has been appointed Administratrix for the estate of Esty Richmond, deceased, 96 Barton Mill Rd., Corbin, KY 40701. Hon. Greta Price, 225 Main Street, Williamsburg, KY 40769, atty. for said estate.

Robert P. Hammons has been appointed Administrator for the estate of Theresa C. Hammons, deceased, Whitley Co., Ky. Hon. Gary Brittain, PO Box 1388, Corbin, KY 40701, 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 31st day of August, 2009.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY – WILLIAMSBURG, KY 40769

 

NOTICE:

Hon. Kirk A. Correll has filed the final settlement for the estate of Lola Stewart.

Linda L. Boggs has filed the final settlement for the estate of Alma Gilbert Pennington.

Hon. Darrell L. Saunders has filed the final settlement for the estate of Mami L. Napier.

Deanna Darr has filed the final settlement for the estate of David Darr.

Mary Allender has filed the final settlement for the estate of John S. Allender.

Jim David Thomas has filed the final settlement for the estate of Jason Wells.

Exceptions, if any, must be filed prior to October 5, 2009.

The Hearing will be held at Whitley-Corbin District Court.

Given under my hand this 31st day of August, 2009.

GARY W. BARTON, CLERK

DISTRICT AND CIRCUIT COURTS

WHITLEY COUNTY – WILLIAMSBURG, KY 40769