Legal Notices for 9/29/10, page 4

 COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 10-CI-00450

FIRST NATIONAL BANK AND TRUST, PLAINTIFF, VS. JERRY WAYNE HART; SONNY HART AND WIFE, WANDA HART; TAX EASE LIEN INVESTMENTS, LLC; TAX EASE LIEN INVESTMENTS 1, LLC; KENTUCKY TAX COMPANY, LLC; THE HOSE HOUSE, INCORPORATED, A/K/A THE HOSE HOUSE; DISCOVER BANK, ISSUER OF DISCOVERY CARD, BY ITS SERVICING AGENT, DFS SERVICES, LLC; CITY OF CORBIN, KENTUCKY AND WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 9, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, October 4, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Jerry Wayne Hart, plus costs, are as follows:

(1) The principal sum in the amount of $46,426.72 with interest continuing to accrue at the rate of 6.250% from and after July 26, 2010, until paid in full; plus any late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee and for other fees expended for services performed in connection with Defendant’s default and for the purposes of protecting Plaintiff’s interest in the property and its rights under the Mortgage instrument.

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

LOCATED AND BEING IN WHITLEY COUNTY, KENTUCKY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING at the point where the north edge of a driveway belonging to Sonny Hart, Sr. intersects the right of way of 23rd Street; thence with 23rd Street in a northerly direction a distance of 300 feet, thence in an easterly direction parallel with the Sonny Hart, Sr. driveway a distance of 240 feet; thence in a southerly direction parallel with 23rd Street a distance of 300 feet; thence in a westerly direction a distance of 240 feet to the point of beginning.

Being the same real property conveyed to Sonny Hart and wife, Wanda Hart, by deed from Kenneth Robert Hart et al, dated June 27, 1997, of record in Deed Book No. 393, Page 505.  Also see deed from Marie Hart to Sonny Hart and wife, Wanda Hart, dated March 27, 1997, of record in Deed Book No. 391, Page 457.  For further source of title, see Affidavit of Descent of Kenneth Hart of record in Deed Book No. 370, Page 634, Whitley County Court Clerk’s Office.

Also included is a 1996 Oakwood Mobile Home, Identification Number HONC02231084AB.

Said property address is: 359 23rd Street, 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 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 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 10th day of September, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616 • FACSIMILE: (606) 528-0709