Legal Notices for 9/21/2011, page 1

 

 Notice of Intention to Mine

Pursuant to Application Number 918-0413

In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC; 332 W. Cumberland Gap Pkwy., Suite 100; Corbin, Kentucky 40701 has applied for a permit for a surface coal mining and reclamation operation. The proposed operation will disturb 100.8 surface acres and will underlie 18.5 acres, and the total area within the permit boundary will be 119.3 acres. The proposed operation is located approximately 2-1/2 miles north of Rock Spring Road’s intersection with KY Hwy 904, and approximately 3 miles northeast of the community of Nevisdale, in Whitley County, Kentucky.

The proposed operation is located on the Saxton U.S.G.S. 7-1/2 minute quadrangle map. The operation will use the Contour and Auger methods of mining. The surface area is owned by Michael Powers, Ernie McCullah, Terry Lowe, Doris Fay Fletcher, Jeff Fear and Tim Fear. The operation will not affect an area within 100 feet of a public road. The operation will not involve relocation and/or closure of a public road.

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office; 1804 East Cumberland Avenue; Middlesboro; Kentucky 40965-1229. Written comments, objections, or requests for a permit conference must be filed with the Director; Division of Permits; #2 Hudson Hollow Road, U.S. 127 South; Frankfort, Kentucky 40601.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0426, Renewal

In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for renewal of a permit for a surface coal mining and reclamation operation affecting 72.7 acres located 2.0 miles southeast of Siler in Whitley County.

The proposed operation is approximately 0.57 miles east from KY 92’s junction with Limestone Branch Road and located 0.37 mile south of Poplar Creek on Little Round Mountain. 

The proposed operation is located on the Frakes and Saxton, KY 7½ minute quadrangle maps.  The operation will use the area method of surface mining.  The surface area to be disturbed is owned by Penn Virginia Resource GP, LLC.

The application has been filed for public inspection at the Department for Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229.  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, Kentucky 40601.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00294

KENTUCKY HOUSING CORPORATION, PLAINTIFF, VS. JORDAN WALTERS A/K/A JORDAN R. WALTERS; ASHLEY WALTERS, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 8, 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, Jordan Walters a/k/a Jordan R. Walters and Ashley Walters, plus costs, is as follows:

(1) The principal sum in the amount of $128,166.75, plus interest at the rate of 4.50% per annum from October 1, 2010 until paid, plus its costs herein expended.

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

Property Address: 312 Kelso Trail, Corbin, Kentucky 40701.

PIDN: 085-30-00-021.00

Being Lot No. #239 of the Tattersall Trails Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 43, Whitley County Court Clerk’s Office, and to which map or plat 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 Record Book 30, Page 10, Whitley County Court Clerk’s Office.

Also a part of Lot No. 240.

ALSO: Beginning at an iron pin on the west side of Kelso Trail right of way and the corner of Lot#240; thence leaving Kelso Trail right of way with Lot #240, N. 76 degrees 30’ W. 223.8’ to an iron pin; thence N. 16 degrees 00’ E. 25.0’ to an iron pin; thence S. 70 degrees 05’ E. 223.40’ to the BEGINNING.

Being the same property conveyed to Jordan Walters and Ashley Walters by deed dated April 20, 2007 and of record in Deed Book 476, Page 565, 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%.  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 should the bid of Plaintiff be less than its lien herein, Plaintiff may comply with the terms of sale by taking credit upon its judgment, 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 13th day of September, 2011.

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. I

CIVIL ACTION NO. 10-CI-00226

TAX EASE LIEN INEVESTMENTS 1, LLC, PLAINTIFF, VS. RAY MUDDIMAN; MARION MUDDIMAN; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF JONATHAN MILLER, SECRETARY OF FINANCE AND ADMINISTRATION CABINET; AND JAMOS FUND 1, LP, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on October 4, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, October 3, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Ray Muddiman and Marion Muddiman, husband and wife, and Commonwealth of Kentucky, County of Whitley, by and on relation of Jonathan Miller, Secretary of Finance and Administration Cabinet, plus costs, is as follows:

(1) The sum in the amount of $1,639.68 as of the dates of issuance, 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.  Plaintiff is awarded the sum of $818.50 for pre-litigation attorney’s fees pursuant to KRS 134.452(3) (a); reasonable attorneys fees in the amount of $1,300.00 for prosecuting this foreclosure pursuant to KRS 134.452(3) (c) and reimbursement for the cost of a title search on the subject property in the amount of $400.00 pursuant to KRS 134.452(3) (c); and administrative fees in the amount of $100.00 pursuant to KRS 134.452(4).

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

Said property address is: known as 0 Laurel River, Whitley County, Kentucky.

Beginning on Whitman’s Branch on Laurel River at a white oak (now gone) this being at the North Corner of P.G. Underwood’s thence North 80 about 100 poles to an iron pin in the ball and schridnerline: Thence with the Ball and Schridnerline to a Flat Rock in the Branch then N 75 E about 2800 feet to the U.S. Survey Southeastern direction Survey Corner and former June Disney Corners Rock in the Branch: N S 20 W up the Branch 1064 feet to the Beginning.

Being a part of the same property conveyed to Ray Muddiman and Marion Muddiman, husband and wife, by G.A. Alsip and Nannie Alsip, husband and wife, by deed dated July 30, 1975, of record in Deed Book 256, Page 151, 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 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 October 4, 2010.  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. II

CIVIL ACTION NO. 10-CI-00668

 

PNC BANK, NATIONAL ASSOCIATION SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES LLC SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE, INC., FKA NATIONAL CITY MORTGAGE CO, PLAINTIFF, VS. TERESA KERSEY; COMMUNITY TRUST BANK, N.A.; COMMONWEALTH OF KENTUCKY – FINANCE and ADMINISTRATION CABINET; COMMONWEALTH OF KENTUCKY – EDUCATION CABINET EX. REL., DIVISION of UNEMPLOYMENT INSURANCE;  UNITED STATES OF AMERICA, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 8, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, October 3, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Teresa Kersey, plus costs, is as follows:

(1) The principal sum in the amount of $28,462.55, plus interest from 05/01/10 in the amount of $2,351.94, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $9,701.35, plus late charges in the amount of $200.59, plus property preservation in the amount of $463.00, for a total amount of $41,179.43, plus Attorney fees (KRS 411.195) in the amount of $1,350.00, together with interest at the rate of 6.7500 percent per annum from the above date until paid plus late charges, advances for taxes and insurance, and its costs herein expended.

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

Said property address is: 680 Alsip Trail, Corbin, Kentucky 40701.

Beginning at an iron pin survey marker located on the right of way of Alsip Trail Estates road, said point also being the southwest corner of Lot#3; thence leaving Lot#3 and running with the Alsip Trail road, S 53-13-32 W 56.34 feet to an iron pin survey marker; thence continuing with the road N 29-31-20 W, 0.65 feet to an iron pin survey marker; thence continuing with the road S 79-47-48 W, 134.00 feet to an iron pin survey marker common with the southeast corner of Lot#8; thence leaving the Alsip trail road and running with the east line of Lot#8 N 36-58-53 W, 414.40 feet to an iron pin survey marker common with the northeast corner of Lot#8 and also located on a south line of Dennis G. Lay and Mark I. Akins tract (DB 379, Page 200); thence leaving Lot#8 and running with the Lay and Akins line N 66-30-13 E, 180.88 feet to an iron pin survey marker common with the southwest corner of Lot#3; thence leaving the Lay and Akins line and running with the west line of Lot#3 s 36-58-53 E, 433.43 feet to the point of beginning and containing 1.75 acres as surveyed and described by Harold W. Gibson, RLS#2541.

Easement Note:  This lot is subject to a 10 feet easement located on the south line of Lot#9, which has been conveyed to the Corbin City Utilities Commission for the construction and maintenance of a six inch water line. In addition is it subject to all other easements shown on the Alsip Trail Estates subdivision plat prepared by Harold W. Gibson.

Restrictions:  This lot is subject to all restrictions shown on the Alsip Trail Estates subdivision plat prepared by Harold W. Gibson.

Said property was conveyed to K. David Kersey and Teresa Kersey, husband and wife, by Chris Jasper and Patricia Jasper, husband and wife, on January 15, 1998, by deed recorded on January 26, 1998, in Deed Book 398, Page 443, in the Office 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, it shall be entitled to a credit of its judgment against the purchase price and only be obligated to pay court costs, and 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 United States Right of Redemption, under 28 U.S.C. Section 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-00753

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF, VS. LEE EDWARD SMITH; UNKNOWN SPOUSE OF LEE EDWARD SMITH; ENERGY ASSOCIATES, INC.; U.S. BANK NATIONAL ASSOCIATION ND, D/B/A ELAN FINANCIAL SERVICES; U.S. BANK, NATIONAL ASSOCIATION AS SUCCESSOR IN INTEREST TO WACHOVIA CUSTODIAN FOE SASS MUNI V DTR; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF JONATHAN MILLER, SECRETARY OF FINANCE AND ADMINISTRATION CABINET,  DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 1, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, October 3, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The Default Judgment in rem and in personam, against the Defendant, Lee Edward Smith, and in rem judgment against the Defendant Unknown Spouse of Lee Edward Smith; a default judgment against the Defendant U.S. Bank National Association ND, d/b/a Elan Financial Services, and Summary Judgment against U.S. Bank, National Association as successor in interest to Wachovia Custodian for SASS Nuni V DTR and Commonwealth of Kentucky, County of Whitley, by and on Relation of Jonathan Miller, Secretary of Finance and Administration Cabinet, as to their interest in the subject property, plus costs, is as follows:

(1) The sum in the amount of $346.16 as of August 20, 2008, and $436.76 as of August 24, 2009, 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.

(3) Plaintiff is awarded the sum of $3,695.66 through July 30, 2011, which constitutes principal in the amount of $782.92; interest in the amount of $229.20, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $7.82 per month until paid; administrative fees in the amount of $100.00 per certificate; pre-litigation attorney’s fees in the amount of $498.96; reasonable attorneys fees in the amount of $1,300.00 for prosecuting this foreclosure; reimbursement for the cost of a title search on the subject property in the amount of $400.00; and costs in the amount of $658.44 that have arisen due to prosecuting this collection remedy, plus continuing interest, costs and fees that may be incurred herein.

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.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0442

In accordance with 405 KAR 8:010 notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 intends to transfer permit number 918-0419 to Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701.  The new permit number will be permit number 918-0442.  The operation disturbs 24.9 surface acres.  No new acreage is affected by the transfer.

The operation is located 1.3 miles south of Louden in Whitley County.  The operation is approximately 0.1 miles south from Louden Road’s junction with Mayes Cemetery Road and located 0.1 mile west of the Cumberland River.  The operation is located on the Saxton U.S.G.S. 7½ minute quadrangle map.

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229.  Written comments or objections must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.  All comments or objections must be received within fifteen (15) days of today’s date.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0443

In accordance with 405 KAR 8:010, notice is hereby given that Alden Resources LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 intends to transfer permit number 918-0425 to Alden Resources LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701.  The new permit number will be permit number 918-0443.  The operation disturbs 334.19 surface acres and underlies 56.66 acres.  No new acreage is affected by the transfer.

The operation is located 3.2 miles southeast of Nevisdale in Whitley County.  The operation is approximately 2.7 miles southeast from Keswick-Gatliff Road’s junction with KY 904 and located near the head of Cane Creek.  The operation is located on the Frakes and Saxton U.S.G.S. 7½ minute quadrangle maps.

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229.  Written comments or objections must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.  All comments or objections must be received within fifteen (15) days of today’s date.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-8015

In accordance with 405 KAR 8:010 notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 intends to transfer permit number 918-8014 to Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701.  The new permit number will be permit number 918-8015.  The operation disturbs 55.6 surface acres.  No new acreage is affected by the transfer.

The operation is located 2.0 miles southeast of Nevisdale in Whitley County.  The operation is approximately 8.5 miles southeast from KY Hwy. 92’s junction with KY Hwy. 904 and located 0.01 mile south of Bennetts Branch.  The operation is located on the Saxton U.S.G.S. 7½ minute quadrangle map.

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229.  Written comments or objections must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.  All comments or objections must be received within fifteen (15) days of today’s date.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 861-5342, Renewal

In accordance with the provisions of KRS 350.055, notice is hereby given that Mountainside Coal Co., Inc., 7692 S. Hwy. 25-W, Williamsburg, Kentucky  40769, has applied for renewal of an existing coal mining and reclamation, coal processing operation located 0.25 mile north of the community of Rain, Kentucky, in Knox County.  The operation will disturb 25.3 acres of surface disturbance and will underlie an additional  304.6 acres.  

The proposed renewal is located approximately 0.25 mile north of KY Route 1809’s junction with Goldens Creek Road and located 0.01 mile west of Davis Branch.

The operation is located on the Frakes U.S.G.S. 7 2 minute quadrangle map. The surface area to be affected is owned by David Gray, Tommy Gambrel, Carley Bennett and Girdner Properties, LLC., and will underlie land owned by David Gray, Tommy Gambrel, Carley Bennett and Girdner Properties, LLC.    

The renewal application has been filed for public inspection at the Department for Natural Resources Middlesboro Regional Office, 1804 E. Cumberland Avenue, 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.

 

PUBLIC NOTICE:

This public notice is to address Open Records Request pertaining to the Whitley County E-911 Center in reference to retention periods for recordings at the center. Whitley County E-911 shall retain all recordings for a period of 12 months from the date of the original call(s). Anyone having any question pertaining to this retention scheduled may contact Mr. Charles Davis, Chief of Police/E-911 Supervisor during normal business hours at 606 549-6017 or mail to Whitley County E-911, PO Box 237, Williamsburg, KY 40769.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0444

In accordance with 405 KAR 8:010 notice is hereby given that Alden Resources LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 intends to transfer permit number 918-0426 to Alden Resources LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701.  The new permit number will be permit number 918-0444.  The operation disturbs 72.7 surface acres.  No new acreage is affected by the transfer.

The operation is located 2.0 miles southeast of Siler in Whitley County.  The operation is approximately 0.57 miles east from KY 92’s junction with Limestone Branch Road and located 0.37 mile south of Poplar Creek on Little Round Mountain. The operation is located on the Frakes U.S.G.S. 7½ minute quadrangle map.

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229. Written comments or objections must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.  All comments or objections must be received within fifteen (15) days of today’s date.

 

PUBLIC NOTICE:

Pursuant to 405 KAR 8:010, Section 16(5), the following is a summary of permitting decisions made by the Department for Natural Resources, Division of Mine Permits with respect to applications to conduct surface coal mining and reclamation operations in Whitley County. DENALI ENERGY GROUP LLC, 9180431; 08/05/2011.

 

NOTICE

The Whitley County Project Development Board will hold a specially called meeting on Thursday, September 22, 2011, at 5:00 p.m. in the Whitley Circuit Courtroom, 2nd Floor, Whitley County Courthouse, Williamsburg, KY  40769, to discuss dedication planning, move schedule, change orders and project updates.