Legal Notices for 9/2/15

 

 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 September 10, 2015 at 5:45 p.m. to hear public comments regarding tax levies for fiscal year 2016. 

The General Fund tax rate levied in fiscal year 2015 was 40.2 cents for real property and 40.2 cents for personal property resulting in tax bills of $2,847,544 before delinquencies and exonerations.  The Whitley County Board of Education is proposing a 1.0 cent increase over last year’s real property rate (41.2 cents) personal property rate (41.2 cents), along with the allowable additional 0.4 cents on each rate to compensate for last year’s exonerations per KRS134.590. 

The proposed General Fund real estate tax rate and personal property tax rate (including the allowable 0.4 cents for prior year’s exonerations per KRS134.590) is expected to produce $2,532,090 prior to delinquencies and exonerations.  Of this amount, $465,033 is from new and personal property. The compensating tax rate for 2016 is 40.1 cents on real property and 40.1 cents on personal property (including the allowable 0.4 cents added for prior year’s exonerations per KRS134.590) and is expected to produce $2,717,488. The general area to which revenue of $130,056 is to be allocated is instruction.

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

 

Time Warner Cable’s agreements with programmers and broadcasters to carry their services and stations routinely expire from time to time.  We are usually able to obtain renewals or extensions of such agreements, but in order to comply with applicable regulations, we must inform you when an agreement is about to expire.  The following agreements are due to expire soon, and we may be required to cease carriage of one or more of these services or stations in the near future: WATE (SD & HD), WKRN (SD & HD), Youtoo, Outdoor Channel (SD & HD), RFD, WPSD D2 Antenna TV, Pivot, Boomerang, Cartoon Network, CNN, CNN Espanol, HLN, TBS (SD & HD), TCM9 TNT (SD & HD), truTV, HBO (SD & HD), HBO West, HBO2 (East & West), HBO Comedy, HBO Family (East & West), HBO Latino, HBO Signature (East & West), HBO Zone, HBO On Demand, Cinemax (SD & HD), Cinemax West, 5StarMax, ActionMAX (East & West), Max Latino, MoreMAX (East & West), MovieMAX, OuterMAX, ThrillerMAX, Cinemax On Demand, Jewelry TV.

In addition, from time to time we make certain changes in the services that we offer in order to better serve our customers. The following changes are planned:

On or after September 8th, WHBQ D2 Movies will be added to Digital Broadcast channel 189 in Brownsville and Ripley, TN.

Programming is subject to change. Not all services available in all areas. Restrictions may apply.  For up-to-date listings of our packages and channels, visit our website at www.timewarnercable.com.

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance amending the Whitley County Budget for Fiscal Year 2015-2016, to include unanticipated receipts increasing/decreasing from the Road Fund in the amount of $58,472.00 and increasing/decreasing expenditures in the Road Fund in the amount of $58,472.00 will be held on 09/15/15 at 6:00 PM in the Whitley County Fiscal Court Room during a Special 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 adopted Budget, Financial Statements and most recent Audit/Attestation Reports for the Whitley County Cooperative Extension Service may be examined by the public at the Whitley County Courthouse, 200 Main Street, Williamsburg, Kentucky, on Wednesday, September 16, 2015, from 1 to 3 P.M. EDT.

 

INVITATION TO BID

WHITLEY COUNTY FISCAL COURT, P.O. BOX 237, WILLIAMSBURG, KY 40769

BRIDGE ABUTMENTS – Hensley Cemetery Bridge

Bids will be accepted for the concrete bridge abutments for a 12’x32’ bridge on Hensley Cemetery Road

Sealed bids must be at the County Judge Executive’s office no later than 3:00 pm, 14 September 2015. Bids will be opened at that time. The bid will be awarded at the Fiscal Court meeting which begins a 6 pm, 15 September 2015. Envelops must be Mark Seal Bid “Hensley Cemetery Bridge”

Detailed plans are available at the Whitley County Judge Executive’s office or on the county’s website: www.whitleycountyfiscalcourt.com. As the steel deck has already been bid and accepted the contractor will disregard that portion of the plans except where it pertains to the abutments.

Contractor shall provide the Whitley County Fiscal Court proof of Liability Insurance and a bid bond equal to ten percent (10%) of the total bid.

County road department personnel will be responsible for demolition of existing structure and construction of detour around bridge site.

The county will procure all necessary permits prior to installation. Whitley County Road Department will be responsible for backfilling both ends of the bridge to road grade.

Contractor will not begin work until given the release to start work. The county will give the contractor a notice to proceed after receiving the permitting and the KYDOH Memorandum of Agreement. Once notified to begin the contractor will be given 30 working days to complete the project.

The Whitley County Fiscal Court reserves the right to reject any and all bids

Conflicts of interest, gratuities and kickbacks are defined in KRS 45A.445 and as provided for in KRS 45A.445 are absolutely prohibited.

 

Advertisement for Request for Proposal

The Whitley County Fiscal Court will be receiving responses to a Request for Proposal for an Energy Services Performance Contract

Firms wishing to respond must attend a mandatory Pre-Proposal Conference to be held Sept 10 2015 at the Whitley County Courthouse 200 Main St Williamsburg, KY 40769 at 11:00 a.m. EDT. Firms planning to attend the conference and site visits must notify the Contact, and request a RFP packet at least 24 hours prior to the meeting by contacting:

The Office of the Whitley County Judge Executive

Whitley County Courthouse

200 Main St

Williamsburg, KY 40769

Only responses from those attending the conference will be considered.

Responses will be due by October 23, 2015 by 2:00 pm EDT time, at the

The Office of the Whitley County Judge Executive

Whitley County Courthouse

PO Box 237

200 Main St

Williamsburg, KY 40769

All questions concerning this RFP will be answered at the pre-proposal conference or must be in writing to the above contact prior to October 23, 2015.

 

NOTICE OF PUBLIC HEARING

The Public Service Commission of Kentucky issued an order on August 21, 2015, scheduling a hearing to be held on September 14, 2015, at 10:00 a.m., Eastern Daylight Time, in Hearing Room 1 of the Commission’s offices located at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of cross-examining witnesses in Case No. 2015-00194, which is the Investigation of Kentucky Utilities Company’s and Louisville Gas and Electric Company’s Respective Need for and Cost of Multiphase Landfills at the Trimble County and Ghent Generating Stations.

Louisville Gas and Electric Company

Kentucky Utilities Company

220 West Main Street

Louisville, Kentucky 40202

 

AIR QUALITY PERMIT NOTICE

Draft Federally Enforceable/Conditional Major Operating Permit F-15-021

Delta Natural Gas Company, Inc. – Johnson Compressor Station

Plant ID: 21-235-00075 – Agency Interest: 96351

Delta Natural Gas Company, Inc. of 3617 Lexington Road, Winchester, KY 40391-9797 has applied to the Kentucky Division for Air Quality for a permit to operate a natural gas compressor station (Johnson Compressor Station) 0.8 miles west of the intersection of Ellison Bend Road and Wolf Creek River Road, Whitley County, Williamsburg, KY 40769.

The plant is classified as a Conditional Major source due to potential emissions of nonhazardous

regulated air pollutants greater than a major source threshold. This permit contains practically enforceable limitations to restrict this source’s potential emissions to less than a major source threshold.

An electronic copy of the draft permit should shortly become available at http://air.ky.gov/Pages/PublicNoticesandHearings.aspx. Official Copies of the draft permit and relevant supporting information are available for inspection by the public during normal business

hours at the following locations: Division for Air Quality, 200 Fair Oaks Lane, 1st Floor, Frankfort, KY 40601, Phone (502) 564-3999; Division for Air Quality London Regional Office, 875 S. Main Street, London, KY 40741, Phone (606) 330-2080; and the Whitley County Public Library, 285 South Third Street, Williamsburg, KY 40769-1265, Phone (606) 549-0818.

For a period of 30 days the Division will accept comments on the draft permit and afford

the opportunity for a public hearing. The first day of the 30 day period is the day after the publication of this notice. Comments and/or public hearing requests should be sent to Ms. Shauna Switzer at the above Frankfort address or e-mail Shauna.Switzer@ky.gov. Any person who requests a public hearing must state the issues to be raised at the hearing. If the Division finds that a hearing will contribute to the decision-making process by clarifying significant issues affecting the draft permit, a hearing will be announced. All relevant comments will be considered in issuing the final permit. Further information can be obtained by calling Ms. Durga Patil at (502) 564-3999.

The Commonwealth of Kentucky does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services and provides, upon request, reasonable accommodation including auxiliary aides and services necessary to afford individuals an equal opportunity to participate in all programs and activities. Materials will be provided in alternate format upon request.

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION II

JEREMY BRYANT and MELINDA WELLS, PLAINTIFFS

CIVIL ACTION NO. 12-CI-00082

LAURA D. BENJAMIN, ET AL, DEFENDANTS

CONSOLIDATED WITH

PAUL EDWARD BENJAMIN and LAURA D. BENJAMIN; GLORIA JEAN BENJAMIN; CHERYL B. CONNERS and CHARLES CONNERS, PLAINTIFFS

CIVIL ACTION NO.: 12-CI-00721

JEREMY W. BRYANT and MELINDA GAIL WELLS, husband and wife; FORCHT BANK, NATIONAL ASSOCIATION; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVENUE,

DIVISION OF COLLECTIONS; COMMONWEALTH OF KENTUCKY, EDUCATION CABINET, EX REL., DIVISION OF UNEMPLOYMENT INSURANCE; COMMONWEALTH CD FUND, LLC; WHITLEY COUNTY, KENTUCKY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to Defendant Forcht Bank’s Judgment and Order of Sale entered by the Whitley Circuit Court on July 2, 2015, 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 September 21, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Plaintiffs/Defendants, Jeremy W. Bryant and Melinda Gail Wells, plus costs, is as follows:

(1) Pursuant to Count I  of the Judgment:  The sum in the amount of $68,639.23 as of October 22, 2014, plus interest at the rate of 6.5% per annum until the date of judgment and thereafter at the judgment rate of 12% per annum until paid in full.

(2) Pursuant to Count II of the Judgment: The sum of $3,016.38 as of October 22, 2014, plus interest at the rate of 5.25% per annum until the date of judgment and thereafter at the judgment rate of 12% per annum until paid in full.

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

BEGINNING at an iron pin in the Rose line; thence S 23 W 285 feet to a stake on the creek; thence N 49 E 63 feet to a stake; thence N 73 E 167 feet to a stake; N 87 E 100 feet to a stake; thence S 86 E. 123 feet to a stake; thence N 28 W 245 feet to a stake; thence S 78 W 286 feet to the BEGINNING.

BEING THE SAME PROPERTY conveyed to Jeremy W. Bryant and his wife, Melinda Gail Wells, by deed from Aaron Sims and his wife, Leah Gomez Sims, and Jenny Sims, n/k/a Jenny Carr, single, dated August 25, 2009, and recorded in Deed Book 492, Page 264 of the Whitley County Court Clerk’s office.

Property Address: 300 Scott Road, Corbin, KY 40701

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% per annum from the date of sale until paid.  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, they shall only be required to pay costs and expenses of the sale and no down 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 1st day of September, 2015.

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. 15-CI-00301

FIRST STATE FINANCIAL, INC, PLAINTIFF, VS. FRED POWERS, a/k/a FREDDIE W. POWERS, and his wife, PATRICIA POWERS, a/k/a PATRICIA ANN POWERS; CITY OF WILLIAMSBURG, KENTUCKY; WILLIAMSBURG INDEPENDENT SCHOOL; 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 20, 2015, 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, September 21, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Fred Powers, a/k/a Freddie W. Powers, Patricia Powers, a/k/a Patricia Ann Powers, plus costs, is as follows:

(1) The sum in the amount of $77,815.43 as of March 16, 2015, plus interest thereon at the rate of 6% per annum until date of judgment and thereafter at 12% per annum until paid in full.

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

PROPERTY ADDRESS:  308 Cumberland Avenue, Williamsburg, Kentucky 40769

Map No. 110-20-05-004.00

A certain tract or parcel of land lying in Whitley County, Kentucky, and bounded and described as follows:

BEGINNING on a stake on Cumberland Avenue, corner of lots conveyed by H. R. White and wife, to R. A. Miller and running thence with the line dividing Lots 16 and 17 herein referred to as the line of R. A. Miller, 116.8 feet to an alley, said course being a northwestern direction; thence with the alley and in a northeastern direction 50 feet to a stake; thence with the alley and in a northeastern direction 50 feet to a stake; thence in a southeastern direction and parallel with the above first line 117.55 feet to a stake at Cumberland Avenue; thence a southwestern course with Cumberland Avenue 50 feet to the beginning corner, same being Lots 12, 13, 14, 15, and 16 of the Parking Lot Subdivision map of which is recorded in the Whitley County Court Clerk’s Office in Map Book 1 at page 129.

BEING THE SAME PROPERTY ACQUIRED by Patricia Powers, by Deed dated July 17, 1995, from Robert Cox and his wife, Frances Cox, and recorded in Deed Book 379, Page 577 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 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% per annum from the date of sale until paid.  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, 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 1st day of September, 2015.

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 I

CIVIL ACTION NO. 15-CI-00116

WHITAKER BANK, INC., PLAINTIFF VS: DONNIE RAY HENSLEY LIVING TRUST DATED 7/13/2001, BY AND THROUGH DONNA BETH HENSLEY BOCOCK, REPLACEMENT TRUSTEE; DONNA BETH HENSLEY BOCOCK, AND HER UNKNOWN SPOUSE, IF ANY; MYRA DON MARLETT, AND HER UNKNOWN SPOUSE, IF ANY; CITY OF CORBIN, KENTUCKY; 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 6, 2015, 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, September 21, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem judgment against the Defendant, Donna Ray Hensley Living Trust dated 7/13/2001, plus costs, is as follows:

(1) The sum in the amount of $33,017.60 as of May 26, 2015, plus interest at the rate of 6% per annum until the date of judgment and thereafter at the maximum judgment rate plus Court costs and reasonable attorney fees, until paid.

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

Property Address:  911 8TH Street, Corbin, KY 40701.

DEED ONE:

A tract of land in the County of Whitley, State of Kentucky, located on 8th Street, (formerly Union Street) in the City of Corbin, and bounded on the North by 8th Street and on the east and south by property belonging to John M. Jervis and on the west by property belonging to Billy Ray Mann, and further described as follows:

BEGINNING at a concrete marker on the southern property line of 8th Street and adjacent to the John M. Jervis property; thence south two degrees and forty five minutes west (S2°45’W) a distance of one hundred forty eight and twenty-two hundredths feet (148.22’) to a stake; thence north eight-nine degrees and zero minutes west (N 89° 00’ W) a distance of ninety three and ninty fourt hundreds feet (93.94’) to a stake; thence north ten degrees and zero minutes east (N 10° 00’ E) a distance of one hundred and fifty and zero hundredths feet (150.00’) to a concrete marker on the line of 8th Street south eighty nine degrees and zero minutes east (S 89° 00’ E) a distance of seventy five and zero hundredths feet (75.00’) to the BEGINNING.

BEING THE SAME PROPERTY conveyed to Donnie Ray Hensley, Trustee(s), or his successor(s) in trust, under the Donnie Ray Hensley Living Trust dated July 13, 2001, by Deed dated July 13, 2001, from Donnie Ray Hensley, single, and recorded in Deed book 428, page 110 of the Whitley County Clerk’s Office.

 

DEED TWO:

BEGINNING at a point in the southerly line of 8th Street (formerly Union Street) at a point corner of Reuben Hodge property; thence S. 2° 45’ W. 148.5 feet to a stake; thence N. 89° 00’ W. 49 feet to a stake; thence E. 12° 30’ East 160 feet to a stake at a point corner to W. R. Jervis; thence S. 70° 00’ W. 111 feet to a stake; thence S. 21° 55’ W. 167.5 feet to a stake a point corner with J. T. Enlow; thence N. 68°45’W. 130 feet to a point corner with Charles Sears; thence N. 16°30’East 178 feet to a point; thence N. 10° 00’ East 137 feet to a point corner to Mrs. Ernest Mann and Reuben Hodge; thence S. 89° 00’ E. 143 feet to a concrete monument in line with Lewis McKnight; thence N. 2° 45’ East 148.5 feet to a concrete monument in the Southerly line of 8th Street; thence with the southerly line of 8th Street S. 89° 00’ East 85 feet to the point of BEGINNING.

BEING THE SAME PROPERTY conveyed to Donnie Ray Hensley Living Trust dated July 13, 2001, by Deed dated July 13, 2001, from Donnie Ray Hensley, single, and recorded in Deed Book 428, Page 113 of the Whitley County Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold separately 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-five (35) days with interest at 12% per annum from the date of sale until paid.  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, they shall only be required to pay costs and expenses of the sale and no down 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 1st day of September, 2015.

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. 14-CI-00640

PNC Bank, National Association successor by merger to National City Bank successor by merger to National City Bank of Kentucky, Plaintiff, VS. Mary White aka Mary Helen White; Dennis White aka Dennis W. White; Kentucky Housing Corporation; Americredit Financial Services; Great Seneca Financial Corp, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 6, 2015, 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, September 21, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Mary White aka Mary Helen White, plus costs, is as follows:

(1) The principal sum in the amount of $40,912.42, plus interest from 4/1/2014 in the amount of $2,733.17, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $830.62, plus late charges in the amount of $20.03 for a total in the amount of $44,496.24, together with interest at the rate of 8.8750 percent per annum from the date above until paid; plus late charges, advances for taxes and insurance, and its costs herein expended, including attorney’s fees in the amount of $2,250.00, plus any other fees expended for services performed in connection with the Defendant’s default and for the purposes of protecting Plaintiff’s interest in the property and its rights under the terms of the Note and Mortgage.

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

BEGINNING, at an iron pipe in the center of an existing 15 foot roadway; thence N 42 deg. 08 min. 00 sec. W., with the center the said 15 foot roadway, 160.84 feet to an iron pipe; thence N 46 degrees 03 minutes 00 seconds E., leaving said roadway, 142.72 feet to an 18” white oak tree; thence N. 02 degrees 20 minutes 16 seconds W., with an existing fence, 62.48 feet to an iron pipe; thence S. 43 degrees 04 minutes 41 seconds E., leaving the existing fence, 232.32 feet to an iron pipe; thence S. 46 degrees 03 minutes 00 seconds W., 60.58 feet to an iron pipe; thence N. 37 degrees 00 minutes 00 seconds W., 25.00 feet to an iron pipe; thence S. 46 degrees 03 minutes 00 seconds W., 128.22 feet to the BEGINNING CORNER, containing 0.738 acres.

BEING ALL THE SAME LAND acquired by Mary White, and Dennis White, wife and husband, from Rosie Jane Veach nka Rosie Jane Taylor and Freddie Taylor, husband and wife, by deed dated March 22, 2000, and recorded March 23, 2000, in Deed Book 416, Page 591, in the office of the Whitley County Court Clerk, Williamsburg, Kentucky.

Property Address: 5854 Cumberland Falls Highway, Corbin, KY 40701

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 with the balance in thirty (30) days with interest at 12% per annum from the date of sale until paid.  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 equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no down 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 1st day of September, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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