Legal Notices for 9/23/09, page 2

 

 the amount of $406.72.

The property to be sold is as follows:

BEING all of the same property which borrowers, Mark Payne and Denise Payne, husband and wife, acquired from Dorothy Melton, Widowed and unremarried, deed of conveyance dated the 19th day of May, 2003, and of record in Deed Book 443, Page 453, records of the Whitley County Court Clerk’s Office, and which property is more particularly described as follows:

BEGINNING at a small persimmon and stone at the County road and joining corner with Richard L. Mullins and his wife, Mae Mullins; thence North following this line approximately 385 feet in direction of a large spring to a stone; thence East South East approximately 305 feet to a grape vine, post, and concrete stone, running parallel to lower edge of fish lake dam, with approximately 15 feet separation, thence approximately 104 feet in South Eastern direction to a persimmon on edge of County Road; thence following the County Road approximately 530 feet in Westerly direction to the BEGINNING

Said property address is: 2704 Bacon Creek Road, Corbin, Kentucky 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 10% down with the balance in 60 days with interest at 12% per annum from the date of sale until the purchase price is paid in full.  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.

8. It is further provided that where the real estate sold includes insurable improvements, the successful bidder at the sale shall, at the successful bidder’s own expense, carry fire and extended coverage insurance on the improvements from the date of the sale until the purchase price is fully paid, to the extent of the court appraised value of the improvements or the unpaid balance of the purchase price, whichever is less, at a minimum, with a loss clause payable to the Master Commissioner of the Whitley Circuit Court or the plaintiff herein.  Failure of the successful bidder to effect such insurance shall not affect the validity of the sale or the successful bidders liability there under, but shall entitle, but not require, the plaintiff to effect the insurance and furnish the policy or evidence thereof to the Master Commissioner if it so desires, and the premium thereon or the proper portion thereof shall be charged to the successful bidder as the successful bidder’s cost.

Dated this 18th day of September, 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 CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-0015

REGIONS BANK d/b/a REGIONS MORTGAGE SUCCESSOR by MERGER TO UNION PLANTERS BANK, NA, PLAINTIFF,

VS

BRADLEY A. BOYD, et al., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 25, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, October 12, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Bradley A. Boyd and Shirley D. Boyd, plus costs, are as follows:

(1) The sum in the amount of $61,262.18 plus interest at the rate of 7.75000% per annum from February 3, 2009, together with advances, negative escrow, penalties, late charges and attorney’s fees, until paid.

The property to be sold is as follows:

BEGINNING at a 36 inch sweet gum corner of James and Brenda Woods; thence N. 86 degrees 42’ 55” W. 155.69 feet to a stone 2 feet below 30 inch black oak; thence N. 39 degrees 23’ 07” W. 148.74 feet to an iron pin set; thence N, 50 degrees 12’ 24” E. 106.02 feet to a stake; thence S. 40 degrees 24’ 49” E. 84.89 feet to a stake; thence S. 18 degrees 48’ 26” E. 42.42 feet to a stake; thence S, 63 degrees 03’ 26” E. 146.98 feet to a stake; thence S, 48 degrees 24’ 39” W. 42.89 feet to the point of BEGINNING, containing 0.542  acres more or less.  It is agreed that second party is to have a roadway not exceeding 14 feet in width through other property owned by the first parties and  which property is adjacent to the property herein, said roadway to be located by the first parties hereto, and same when established to run with the land.  It is understood by all parties hereby that the term “second party” to whom a roadway was granted in this description was Curtis Woods and the “first parties” were the grantors, Verna Hill and Owen Hill.  There is also hereby conveyed a perpetual easement, 50 feet in width across the property described in that certain warranty deed from Brenda Woods and James Woods to Lella Woods recorded in Deed Book 257, Page 95, Whitley County Court Clerk’s Office.

Said property address is: 171 Woods Land, Williamsburg, KY 40769.

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 10% 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.  The Purchaser shall be responsible for the real estate taxes for the year 2008 and thereafter.

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 18th day of September, 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 CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  I

CIVIL ACTION NO. 09-CI-00436

FORCHT BANK, NA, PLAINTIFF,

VS.

ROBERTA E. KINSEY, SINGLE; 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 September 8, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, October 12, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Roberta E. Kinsey, plus costs, are as follows:

(1) The sum in the amount of $5,238.46 as of May 15, 2009, plus interest at the rate of 6% per annum until paid.

The property to be sold is as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky, on the waters of Skags Branch at Rockholds and bounded and described as follows:

BEGINNING on a stone where a large white oak stood on east side of road; thence with said road to a stone in original line;  thence with said line S 75-30 to a white oak in John Snyder line;  thence with it when reduced to a straight line S 17 W 77-75 P to a sourwood and gum, a corner of Charles Rockhold survey, also a corner of the John Snyder land;  thence N 45 W 33 P to the BEGINNING corner.

EXCEPTION:   There is excepted from the above and not conveyed herein that tract previously conveyed by Irene Grubb, a widow to Grubb and Grubb, by deed dated April 20, 1987, recorded in Deed book 320 , Pages 265-266, Whitley County Court Clerk’s Office, and reference is made to the deed for description the same as if copied in full herein.

BEING THE SAME PROPERTY conveyed to Roberta E. Kinsey, by Deed of Correction Life Estate Retained, dated February 7, 2006, from Sena Cusson, unmarried, and recorded in Deed book 466, page 776 of the Whitley County Court Clerk’s Office.  See also Deed Book 466, Page 361.

Said Property is located at: 746 Colonel Hollow Road, Rockholds, Kentucky 40759.     

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 10% 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 18th day of September, 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 CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00312

CHASE HOME FINANCE LLC, PLAINTIFF

VS.

MICHAEL TOLLIVER, TRACY TOLLIVER, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 8, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, October 12, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Michael Tolliver and Tracy Tolliver, plus costs, are as follows:

(1) The sum of $139,158.59 plus interest from 10/01/08 in the amount of $5,566.34 plus advancement for the protection of the property, including taxes and insurance (negative escrow) in the amount of $645.65 plus attorney’s fees in the amount of $1,100.00, for a total of $146,470.58.

The property to be sold is as follows:

Being Lot No. 62 of the Oaklawn Subdivision in the City of Corbin, Kentucky a map or plat of which is duly recorded in Map Book No. 2, page No. 60-B, Whitley county Court Clerk’s Office, Kentucky, to which reference is hereby made for a more full and complete description of said lot.

This conveyance is made subject to all protective and restrictive covenants as set forth in Miscellaneous Record Book No. 27, Page No. 35 Whitley County Court Clerk’s Office.

Being the same property conveyed to Michael Tolliver and his wife Tracy Tolliver from Michael Calloway as grantor by and through his attorney in fact Randy Kelster and his wife Beverly Calloway as grantor by and through her attorney in fact Randy Kelster and recorded in Deed Book 482, Page 100, in the office of the Whitley County Court Clerk’s Office.

Said property address is: 289 Oaklawn Circle, Corbin, Kentucky 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 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 18th day of September, 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 CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 09-CI-00325

HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED NOTEHOLDERS OF RENAISSANCE HOME EQUITY LOAN TRUST 2007-2, PLAINTIFF,

VS.

DANIEL DUANE CARROLL a/k/a  DANIEL D. CARROLL, MELISSA ANN CARROLL a/k/a

MELISSA C. CARROLL a/k/a MELISSA CARROLL, COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY AND CITY OF CORBIN, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 10, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, October 12, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Daniel Duane Carroll and Melissa Ann Carroll, plus costs, are as follows:

(1) The sum in the amount of $58,880.60, together with accrued interest thereon at the rate of 9.74000% per annum from July 1, 2009, until the amount has been paid in full.

The property to be sold is as follows:

Situate in Whitley County, State of Kentucky, to wit:

Beginning on a iron pin located on the southwest side of Willow-Brook street; thence south 71 degrees 55 west 122.83 feet to an iron pin common to the smith parcel; thence north 30 degrees 09 west 60.32 feet to an iron pin common to the Smith and Rutherford parcel; thence north 63 degrees 42’ east 128.33 feet to a water meter located on the southwest side of Willow-Brook Street common to the Rutherford parcel; thence with Willow-Brook Street south 22 degrees 45 east 77.69 feet to the place of beginning.  Containing 0.20 acres more or less.

BEING the same property conveyed to Daniel D. Carroll, by that Warranty Deed dated August 24, 1994 and recorded on August 27, 1994 in Book 373, at Page 575, of the Whitley County, Kentucky records.

Said property address is: 904 Willowbrook Avenue, 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 10% down with the balance in 60 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 18th day of September, 2009.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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