Legal Notices for 9/14/2011, page 2

 

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

Said property address is: 1890 Alsile Road, Williamsburg, Kentucky 40769.

BEGINNING at a stake set on the east right of way of Alisle Road; about 200 feet south of the house; thence S 56 E 1265 feet to a corner of the Cumberland College land; thence N 36.38 E 212.5 feet to a stake; thence N 43 W 1330 feet, leaving the college line to a stake on the east side of Alisle Road; thence with the road as it meanders 500 feet to the BEGINNING.

Being the same property conveyed to Lee Edward Smith, by the Heirs of Edward Smith and Florence Smith, husband and wife, Mary S. Houchins and Herbert Houchins, wife and husband, and Charles W. Smith and Mattie Smith, husband and wife, by Deed dated September 2, 1974, recorded in Deed Book 266, Page 189, 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 (1/3rd) 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 of the property, then, and in that event, no down payment shall be required and no bond shall be executed by them, and they shall be entitled to take a credit against the purchase price to the full extent of Plaintiff’s liens and costs and expenses, including attorney’s fees awarded in the judgment dated August 1, 2011.  Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.

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.

d. Any applicable zoning regulations.

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 13th day of September, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616 / FACSIMILE: (606)  528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO.: 10-CI-00209

CUMBERLAND VALLEY NATIONAL BANK AND TRUST COMPANY, PLAINTIFF, VS. VIRGIL CAMPBELL AND DONNA CAMPBELL, DEFENDANTS.

 NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, October 3, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Jeffrey Virgil Campbell and Donna Campbell, plus costs, is as follows:

(1) The principal sum in the amount of $10,595.42 together with interest as of April 4, 2011, in the amount of $295.99, secondary interest that has accrued thereon as of April 4, 2011, in the amount of $1,455.90, and interest continuing to accrue thereafter at the rate of 8.48% per until fully paid, plus late fees in the amount of $756.58.

The property to be sold is as follows:

Located in Whitley County, Kentucky:

Said Property Located At: 1065 Amos Falls Road, Williamsburg, KY 40769.

BEING all of the same property which borrower, Virgil Campbell and Donna Campbell, Husband and Wife, acquired from, Ann Arbor Financial Services, Inc., deed of conveyance dated the 18th day of September, 2000, and of record in Deed Book 421, Page 524, records of the Whitley County Court Clerk’s Office, and which property is more particularly described as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky and being a portion of the same land conveyed to Grantor by Andrea Suzzette Canada and husband, Jerry Canada, by deed dated July 26, 1999, which is duly recorded in Deed Book 410, page 648, Whitley County Court Clerk’s Office. Being Lot No. 1 and Lot No. 2 of the Amos Falls Subdivision as shown on Plat by Gary R. Owens, RLS, dated September 26, 1992 and recorded in Map Book 54, Page 155, slide 351 and bounded and described as follows, viz:

LOT NO.1: BEGINNING on a survey marker in the north line of Craig Road, said marker being the southeast corner of the Elbert Prewitt Heirs tract; thence with said road the following calls: N 85 deg. 47 min. 25 sec. E, 11.96 feet to a point; thence S 88 deg. 32 min. 30 sec. E, 138.27 feet to a point; thence S 84 deg. 30 min. 49 sec. E, 72.74 feet to a survey marker in the easterly line of U.S.F.S. Forest Service Road No. 4252 (Amos Falls Road); thence leaving Craig Road and running with the easterly line of said Forest Service Road the following calls: N 40 deg. 23 min. 59 sec. E, 22.89 feet to survey marker; thence N 14 deg. 41 min. 13 sec. W, 67.86 feet to appoint; thence N 40 deg. 06 min. 05 sec. W, 38.41 feet to appoint; thence N 48 deg. 46 min. 26 sec. W, 104.24 feet to a point; thence N 43 deg. 17 min. 23 sec. W, 25.99 feet to a point at the southeast corner of Lot No. 2; hence leaving U.S.F.S. Road No. 4252 (Amos Falls Road) and running with the southerly line of Lot No. 2, S 65 deg. 59 min. 59 sec. W, 195.53 feet to  appoint at the southwesterly corner of Lot No. 2, and in the easterly line of the Elbert Prewitt Heirs tract; thence with the Prewitt Heirs line S 35 deg. 35 min. 17 sec. E, 136.42 feet to the point of beginning containing a calculated area of 0.917 acres as per survey and plat dated September 26, 1992, by Gary R. Owens, R.L.S.

LOT NO.2:  BEGINNING on a survey marker in the intersection of the easterly line of U.S.F.S. Road 4252 (Amos Falls Road) and the southerly line of a 40’ roadway and running thence with said 40” roadway S 87 deg. 43 min. 23 sec. W, 212.23 feet to a survey marker in the easterly line of the Elbert Prewitt Heirs tract; thence with the Prewitt Heirs line S 35 deg. 35 min. 17 sec. E, 341.12 feet to a point at the northwest corner of Lot No. 1; thence with the northerly line of Lot No. 1, N 65 deg. 59 min. 59 sec. E, 195.53 feet to a point in the easterly line of U.S.F.S. Road 4252 (Amos Falls Road); thence with the easterly line of said road the following calls: N 43 deg. 17 min. 23 sec. W, 106.00 feet to a point; thence N 38 deg. 00 min. 05 sec. W, 11.32 feet to a point; thence N 29 deg. 55 min. 54 sec. W, 47.80 feet to the point of BEGINNING containing a calculated area of 1.268 acres as per survey and plat dated September 26, 1992, by Gary R. Owens, R.L.S.

The above property is subject to an oil and gas reservation as set forth in the prior deed.

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%) of the purchase price 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, and in that event, no payment shall be required and no bond shall be executed by them if the amount of the Plaintiff’s Judgment equals or exceeds its bid.

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 13th day of September, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

NOTICE OF INTENTION TO MINE

Pursuant to Application 918-0429

In accordance with the provisions of KRS 350.055, notice is hereby given that Mountainside Coal Company, Inc., 7692 South Highway 25W, Williamsburg, KY 40769, has applied for a permit for a surface and auger coal mining operation located approximately 2.5 miles west of the community of Jellico Creek in McCreary and Whitley Counties. The proposed operation will disturb 285.40 surface acres and underlie an additional 115.93 acres. The total area within the permit boundary will be 401.33 acres.

The proposed operation is approximately 0.15 mile northeast and 0.15 mile south of KY Route 1673’s junction with KY Route 92, and 0.1 mile south and 0.1 north of Pleasant Run of Jellico Creek.

The proposed operation is located on the Hollyhill U.S.G.S. 7 ½ minute quadrangle maps. The operation will use the contour and auger methods of surface mining. The surface area to be disturbed is owned by George & Daisy Caddell, Bobby & Freda Mays, Donnie Patrick, Donald B. Patrick, Ronnie Patrick, Thomas & Inez Troxel, Paul & Delores Rowe, Keith Rowe, and White Lumber Sales, LLC. The operation will affect an area within 100 feet of KY Route 1673. The operation will not involve relocation of the public road.

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