Legal Notices for 9/8/10, page 2

 

 BEING the same property conveyed to Charles E. Allen and wife, Sandra F. Allen, by deed from First Deliverance Evangelistic, Inc , dated October 30, 1992, of record in Deed Book No. 359, Page 501, Whitley County Court Clerk’s Office.

TRACT 5: BEGINNING on the South side of the road leading Southern direction 335 feet to a stone in the hollow; thence North 81 degrees 55 minutes East about 30 feet to a white oak; thence with the same course about 100 feet to the Will Moses’ line at a stone; thence a Northern course with Moses’ line to a stone at the South edge of the wagon road; thence a Western direction with the road 500 feet to the BEGINNING.

ALSO: BEGINNING on top of the hill at a stone at King’s corner; thence North 17 East 194 feet to King’s corner; thence South 80 deg. 15 min. East 85 feet to the Moses’ line and fence; thence North with Moses’ line and fence to Dave Thomas’ corner; thence a Western direction with the Thomas line to Doolin’s line; thence a Southern course with Doolin’s line to a old hickory tree, Doolin’s corner; thence a straight line to the BEGINNING.

There is excepted form this conveyance about one acre where the Grantors house now stands and being as follows:

BEGINNING on a stone at the Doolin corner at the wagon road; thence with the road East 185 feet to a set stone; thence about South 279 feet to a stone; thence West 235 feet to Doolin’s line; thence North 240 feet with Doolin’s line to the road, the BEGINNING.

There is excepted from this property a parcel conveyed from Cornetts to Henry H. Cox, by deed dated February 1, 1975, of record in Deed Book 253, Page 199, and bounded and described as follows:

BEGINNING on a hickory on the bank of the road leading from East Tennessee to Proctor, Kentucky; thence with the Doolin line 150 feet to a stone; thence NE 150 ft. to stone in a hollow; thence SE 150 ft to a stone on bank of road; thence with the road 150 ft. to the BEGINNING.

There is excepted from this property a parcel conveyed from Charles Allen and wife, Sandra Allen to Randal Partin, 0.854 acres, dated June 14, 1999, of record in Deed Book No. 273, Page 235.

BEING the same property conveyed to Charles Allen and wife, Sandra F. Allen, by deed from Joan Cornett and husband, G.W. Cornett, dated March 25, 1978, of record in Deed Book No. 273, Page 235, Whitley County Court Clerk’s Office.

Said property address is: 1491 Black Oak Road, Williamsburg, Kentucky 40769.

TRACT 6: BEGINNING at a rock at the intersection of the Northwest line of Perkins Street with the Southwest line of Broyles Street; thence running with the Northwest line of Perkins Street, S 59 53 W, 163.68 feet to a stake, the Southeast corner of Lot 1 owned by Katie Phillips; thence leaving the Northwest line of Perkins Street and running with the Northeast line of Katie Phillips, N 29 36 W, 148 . , 72 feet to a stake in the Southwest line of the Jimmie and Ray Hicks lot; thence leaving Lot 1 owned by Katie Phillips and running with the Southeast line of lot 2 owned by Jimmie Ray Hicks, N 62 12 E, 174.33 feet to a stake in the Western line of Broyles Street; S 35 20 E, 142.16 feet to the point of BEGINNING, containing 0.563 acres. 

BEING the same property conveyed to Charles Allen and wife, Sandra Allen, by deed from Virgil Fuston and wife, Virginia Fuston, dated April 12, 1985, of record in Deed Book No. 308, Page 489, Whitley County Court Clerk’s Office.

Said property address is: 38 Clifton Lively Road, Williamsburg, Kentucky 40769.

AND:

TRACT I:

BEGINNING at a point in the Southwest line of Third Street (called Second Street in deed from Josephine Curd to R.H. Davis) S 40 E 18 feet from the Southeast corner of the brick building; thence S 50 W 50 feet; thence S 40 E 19.2 feet; thence N 50 E 50 feet to the line of Third Street; thence with the line of third Street N 40 W 19.2 feet to the BEGINNING, together with all the right, title and interest of the grantors in and to the 18-foot alley mentioned in the deed from Josephine Curd to R.H. Davis, being the same property on which the office building of Dr. L.X. Brown (now Ray D. Baldwin) and other improvements are located.

TRACT II:

BEGINNING at the corner of the Dr. L.X. Brown lot (now Linda L. Baldwin lot) on the alley and extending thence in a Western direction with said alley 40 feet to the corner of Lot No. 11; thence in a Southeastern direction with the line of Lot No. 11 – 18 feet to Lot No. 10 that extends from Lot No. 10 between Cumberland Avenue and the alley to 3rd Street, a distance of 40 feet to the back corner of the Dr. L.X. Brown lot (now Linda L. Baldwin lot); thence with Brown’s (now Baldwin’s) lot 18 feet to the BEGINNING.  This Lot is shown on Map of T.J. Curd in the office of the Clerk, Whitley County Court, in Map Book 1, Page 129.

TRACT III:

One town lot that is located on an alley running between 3rd Street and 4th Street which is further bounded and described as follows:

BEGINNING at a corner of Dr. L.X. Brown lot on the alley and running thence in a Westwardly direction with said alley 41.5 feet to the corner of H.R. White lot; thence in a Southeastern direction with the line of H.R. White 18 feet to a stone at H.R. White corner; thence in a Northeastern direction with White’s line 41.5 feet to a stone at the back corner of L.X. Brown lot; thence with Brown’s line 18 feet to the BEGINNING, as shown on the map of T.J. Curd in the Office of the Clerk of the Whitley County Court in Map Book 1, at Page 129.

ALSO lots number 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, in the subdivision known as the Parking Lot in Williamsburg, KY., and which are further bounded and described as follows:

BEGINNING at a stake in the Northwest line of Third Street, same being corner of Dr. R.H. Davis lot; and running thence with the line of Third Street 99.3 feet to the intersection of Cumberland Avenue and Third Street; thence with Cumberland Avenue a Southwest direction 101.5 feet to the corner of lot numbered 12; thence leaving g the street and running with the line dividing lots 11 and 12, 117.55 feet to an alley; thence with the line of said alley and the line of lot number 11, 10 feet to the corner of the T.J. Curd lot, which is the first lot described above; thence in a Southern direction with the East line of Lot #1, 18 feet to the corner of lot number 10 herein referred to, and thence in an Eastern direction with the North line of Lot #10 and the lines of the T.J. Curd lot and the Dr. R.H. Davis lot 91.5 feet to the BEGINNING, all of which boundary is shown on Blue Print Map known as the Parking Lot, which map is of record in map Book 1, Page 129, Whitley County Court Clerk’s Office, to which reference is made for more accurate description. 

BEING the same property conveyed to Charles Allen, II and wife, Donna Allen, by deed from Mike Widener and wife, Rhonda Widener, dated March 26, 2006, of record in Deed Book No. 451, Page 676, Whitley County Court Clerk’s Office.

Said property address is: 106 South Third Street, Williamsburg, Kentucky 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.

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 August, 2010.

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. 09-CI-00583

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. EARL SULFRIDGE, a/k/a EARL W. SULFRIDGE, single; TAX EASE LIEN INVESTMENTS, LLC; WILLIAM GROOME; 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 12, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 13, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Earl Sulfridge, a/k/a Earl W. Sulfridge, plus costs, are as follows:

Pursuant to Count I:

(1) The principal sum in the amount of $41,276.02 as of June 16, 2010, plus interest at the rate of 8.990% per annum until the date of Judgment and thereafter at 12% per annum until paid.

Pursuant to Count III:

(2) The sum in the amount of $1,905.80 as of June 16, 2010, plus interest at the rate of 12.717% per annum until paid. 

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

BEGINNING at a stone at the county road and Henry Sulfridge’s line, thence in an easterly direction 410 feet to a stone, corner of Henry Sulfridge and what is known as the Jim Davis Property; thence in a northeasterly direction 452 feet to a marked hickory tree, Frank Patrick’s corner; thence with the Patrick line in a northerly direction 278 feet to a stone; thence in a westerly direction crossing the county road 605 feet to a black pine tree; thence in a southerly direction 442 feet to the BEGINNING.

There is excepted and excluded from this conveyance, however, a portion of the above described land which is retained by Claude Ely, et. al., and more particularly described as follows:

BEGINNING at iron stake on a bank of Oak Ridge Church Road then S 83° 30’ E 309 ft. to 14 inch white oak, then N 0º 30’ W 73 feet.  Thence S 88° 15’ West 179 ft. to 15 inch white oak, then S 88º 15’ W 137 ft. to a iron stake, thence S 10° E 59 ft. with road to beginning.

BEING THE SAME PROPERTY acquired by Earl Sulfridge, single, by deed dated April 14, 2007, from Community Trust Bank, Inc., a Kentucky corporation, Successor in interest to Community Trust Bank, N.A. a national banking association, and recorded in Deed Book 476, Page 534 of the Whitley County Court Clerk’s Office.

Said property address is:  1476 Oak Ridge Church Road, Williamsburg, Kentucky 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.

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 August, 2010.

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. 09-CI-00818

GREEN TREE SERVICING, LLC, F/K/A GREEN TREE SERVICING CORP., PLAINTIFF, VS. TERRY J. BRYANT, MARY BRYANT, BENEFICIAL KENTUCY, US BANK CUSTODIAN/SASS MUNI V DTR 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 June 14, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 13, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Terry J. Bryant and Mary Bryant, plus costs, are as follows:

(1) The principle in the sum of $58,619.66 with interest thereon at the contract rate of 9.25% per annum from December 9, 2009, until paid.

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

Being Lot #30 of Section C-1 of the Hemlock Subdivision located in Whitley County, Kentucky reference is hereby made to plat of record in Deed Book 310, Page 524, of the Whitley County Court Clerk’s office for more complete description.

Being all the same property acquired by Terry J. Bryant and Mary Bryant, husband and wife, by deed of conveyance from Monroe Liford, Jr. and wife, Gertie Mae Liford, by and through her attorney-in-fact, Monroe Liford, Jr., see Miscellaneous Book 71, Page 462, Whitley County Court Clerk’s office, dated January 31, 1996, and recorded in Deed Book 383, Page 449, Whitley County Court Clerk’s office.

Also included is a 1996 Peach Mobile Home, 24’ x 52’.

Said property address is:  1053 Liford Lane, Williamsburg, Kentucky 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 45 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 13th day of August, 2010.

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-00130

HOUSEHOLD FINANCE CORP II, PLAINTIFF, VS. JAMES ALLEN A/K/A JAMES E ALLEN; NORMA ALLEN A/K/A NORMA FAYE ALLEN; UNKNOWN SPOUSE IF ANY OF DANNY CRAWFORD; COUNTY OF WHITLEY; JAMOS FUND 1, LLC; FIRST FINANCIAL CREDIT INC.; MGM COLLECTION AGENCY, INC.; LVNV FUNDING, LLC; W.D. BRYANT & SON, INC.; JUANITA M LEE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on July 6, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, September 13, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, James Allen a/k/a James E. Allen , plus costs, are as follows:

(1) The principle sum in the amount of $56,341.16, plus interest at the rate of 10.59000 percent per annum from April 1, 2009, together with amounts for late fees and assessments, advancements for protection of the property including but not limited to taxes and insurance, escrow advances, and attorney fees as permitted by KRS 411.195.

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

Beginning at a fence post corner in the north line of KY. State Road No. 26; thence leaving the north line of KY. State Road No. 26, N. 18 degrees 43 minutes 45 seconds W., with an existing fence, 240.87 feet to a fence post corner; thence N. 66 degrees 36 minutes 10 seconds E., with an existing fence 184.38 feet to a fence post corner; thence S. 16 degrees 00 minutes 14 seconds E., with an existing fence, 258.24 feet to a fence post corner in the north line of KY. State Road No. 26; thence with the north line of KY. State Road No. 26, S. 71 degrees 57 minutes 51 second W., 171.50 feet to the BEGINNING CORNER, containing 1.0161 acres.

Being the same property conveyed to James Allen and Norma Faye Allen, husband and wife, by deed dated February 2, 1989, and recorded March 1, 1989, in Book 332, Page 454, Whitley County Clerk’s Office.

Said property address is: 3207 Highway 26, 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 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 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 13th day of August, 2010.

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. 08-CI-00339

HSBC BANK USA, NATIONAL ASSOCIATION FOR THE BENEFIT OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC3, ASSET BACKED PASS-THROUGH CERTIFICATES, PLAINTIFF, VS. MICHAEL NEWBERRY, ROGER NEWBERRY AND LINDA NEWBERRY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 2, 2009, and subsequent Order of August 2, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 13, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Michael Newberry, Roger Newberry, and Linda Newberry, plus costs, are as follows:

(1) The sum of $73,237.60 plus interest at the rate of 9.700% per annum through 08/01/08, in the amount of $5,920.00 plus late charges in the amount of $63.14 plus costs incurred in the amount of $2,787.45 plus attorney’s fees in the amount of $1,490.00, for a total of $83,498.19.

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

A certain tract or parcel of land lying and being in Whitley County, Kentucky, and being more particularly described as follows, to-wit:

Beginning at an iron stake at the southwest corner of Fifth Street and Maynor Street; thence westward with the south line of Fifth Street 58 feet 11 inches to an iron stake; thence southward 105 feet to a stake in the north line of an alley; thence eastward with the line of said alley 58 feet 11 inches to a stake; thence northward with the west line of Maynor Street 105 feet to an iron stake, the beginning.

Being the same property conveyed to Michael Newberry, a single person, from Robert Carl Hampton and Tammy Hampton by deed recorded on May 19, 2004, in Deed Book 452, Page 655, in the Whitley County Clerk’s Office.  A quitclaim deed recorded July 5, 2006, in Book 470, Page 286, deed ½ interest to Roger Newberry, a married person.

Said property address is:  701 West Fifth 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 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;

a. Assessments for public improvements levied against the following real estate;

b. 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 August, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 09-CI-00822

HSBC BANK USA, NATIONAL ASSOCATION AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES, INC. MORTGAGE LOAN TRUST, SERIES 2003-4XS MORTGAGE PASS-THROUGH CERTIFICATES, PLAINTIFF, VS. WILLIAM WALIGORSKI, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 30, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 13, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, William Waligorski, plus costs, are as follows:

(1) The principal sum in the amount of $178,582.73, plus interest from 06/1/09 in the amount of $7,299.28, plus late charges in the amount of $140.42, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,465.34, plus attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $188,587.77.

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

A certain tract of land being near the community of Gausdale and on the waters of Meadow Creek in Whitley County, Kentucky, and being more particularly described as follows:

Unless stated otherwise, any monument referred to herein as an “iron pin and cap” is a set 1/2” iron rebar pin, 24” in length, with a yellow plastic cap stamped “RMF 3051”.  All bearings herein referred to the magnetic north meridian as observed March 18, 2003.

Beginning at an iron pin and cap on the north side right-of-way of KY. 1530, 20’ feet from the centerline, also being S 56 deg. 22’ 56” W, 51.55’ from the north end of a concrete headwall for KY. 1530, and being S 30 deg. 01’ 09” W, 1032.05’ from north line of the grantors tract; thence with the road right-of-way, S 48 deg. 02’01” W, 325.91’ to an iron pin and cap in a wire fence; thence leaving the right-of-way and up the hill with a wire fence bisecting a portion of the grantors tract, the following three calls (1) N 38 deg. 51’ 59” W 233.88’ to a metal post; thence,  (2) N 42 deg. 41’ 04” W, 70.98’ to an iron pin and cap; thence, (3) N 60 deg. 08’ 28” W, 105.20’ to a metal post; thence leaving the fence and around the hill, the following six calls, (1) N 0 deg. 49’ 04” W, 311.14’ to an iron pin and cap; thence, (2) N 48 deg. 36’ 44” E, 182.19’ to an iron pin and cap; thence down the hill, (3) S 48 deg. 52’53” E, 201.76’ to an iron pin and cap; thence, (4) S 46 deg. 31’ 16” E, 325.85’ to a metal post; thence, (5) S 19 deg. 23’ 36” E, 51.92’ to a metal post; thence, (6) S 5 deg. 44’ 11” W, 94.89’ to the point of the beginning.  Containing 5.25 acres more or less, according to a survey by Richard Frederick, PLS #3051 on March 18, 2003. 

Being the same property conveyed to William E. Waligorsky Jr., Jeremy L. Waligorsky, and William E. Waligorski, Sr., from William Waligorsky and his wife, Lola Waligorsky, by Deed dated February 16, 2007 and recorded in Deed Book 475, Page 467 in the Office of the Whitley County Court Clerk.

Said property address is:  335 Owens 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 one-third (1/3) 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 13th day of August, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 10-CI-00288

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, PLAINTIFF, VS. PAMELA G. FOX, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 14, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 13, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Pamela G. Fox, plus costs, are as follows:

(1) The principal sum in the amount of $103,349.05, plus interest from 7/01/09 in the amount of $5,275.10, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $339.87, plus late charges in the amount of $250.65, plus attorney fees (KRS 411.195) in the amount of $1,150.00 for a total in the amount of $110,364.67.

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

Being Lot No. 182 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.

Being the same property conveyed to Pamela G. Fox, unmarried, from Carl Cox and Wynda Deborah Townsend, both single persons, by deed dated June 28, 2004 of record in Deed Book 453, Page 713 in the Whitley County Court Clerk’s Office (and recorded simultaneously herewith).

Said property address is:  40 Ruffian Trail, 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 (1/3) 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 13th day of August, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO.  09-CI-00366

JPMORGAN CHASE BANK, N.A., PLAINTIFF, VS. SHERRY HILL a/k/a SHERRY L. HILL,  JOHN WILLIAM HILL, III, CHASE BANK USA, N.A., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 12, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 13, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Sherry Hill a/k/a Sherry L. Hill, and John William Hill, III, plus costs, are as follows:

(1) The principal sum in the amount of $108,183.17, plus interest from 12/1/08 in the amount of $ 13,068.76, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,236.23, plus late charges in the amount of $862.20, plus NSF charges in the amount of $45.00, plus attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $125,495.36.

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

A CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING IN WHITLEY COUNTY, COMMUNITY OF GOLDBUG, KENTUCKY ON THE WATERS OF REDBIRD CREEK OF CUMBERLAND RIVER AND BEING A PART OF THE SAME TRACT OF LAND CONVEYED TO LONNIE & KAREN PRIVETT BY DEED DATED FEBRUARY 22, 1999 AND RECORDED IN DEED BOOK 406 AT PAGE 551 OF THE WHITLEY COUNTY COURT CLERK’S OFFICE AND MORE PARTICULARLY DESCRIBED AS FOLLWS:

BEGINNING ON A SET IRON PIN AND CAP IN THE SOUTHERN EDGE OF BALLARD FORD EAST ROAD (15’ FROM APPROXIMATE CENTERLINE), SAID PIN BEING A NEW DIVISION CORNER ESTABLISHED THIS SURVEY AND BEING LOCATED N 27-30-15 E 229.48 FEET FROM THE NORTHWEST CORNER OF THE PARENT TRACT (A FOUND ½” IRON PIN WITH YELLOW PLASTIC CAP STAMPED PLS# 3192 IN THE SOUTHERN EDGE OF BALLARD FORD EAST ROAD), AND LOCATED APPROXIMATELY 0.5 MILES SOUTHWEST OF THE INTERSECTION OF BALLARD FORD EAST ROAD AND KY HWY 25W, THENCE WITH THE SOUTHERN EDGE OF SAID ROAD (15’ FROM AND PARALLEL TO APPROXIMATE CENTERLINE) N 28-14-58 E 142.11 FEET TO A POINT IN THE SOUTHERN EDGE OF SAID ROAD (WITNESSED BY A SET IRON PIN AND CAP BEARING N 56-33-55 W 5.41’), THENCE LEAVING SAID ROAD AND WITH 4 NEW DIVISION LINES SEVERING THE PARENT TRACT S 56-33-55 E 175.35 FEET TO A SET IRON PIN AND CAP (SAID PIN BEING LOCATED S 74-26-50 W 137.72 FEET FROM A CROSS  TIE POST, THE NORTHEAST CORNER OF THE PARENT TRACT), THENCE S 21-09-31 E 123.59 FEET TO A SET IRON PIN AND CAP, THENCE S 55-24-15 W 164.06 FEET TO A SET IRON PIN AND CAP, THENCE N 34-24-08 W 217.97 FEET TO THE POINT OF BEGINNING, CONTAINING 1.00 ACRES BY SURVEY CONDUCTED ON MARCH 24, 1999 BY RICHARD A REECE PLS # 3358 WITH H&R SURVEYING RT 1 BOX 240 GRAY, KY 40734.

UNLESS STATED OTHERWISE ANY MONUMENT REFERRED TO HEREIN AS A “SET IRON PIN AND CAP” IS A SET ½” BY 18” IRON PIN WITH A RED PLASTIC CAP STAMPED H&R PLS# 3358.  ALL BEARINGS GIVEN HEREIN ARE REFERRED TO THE MAGNETIC MERIDIAN AS OBTAINED FROM A PLAT OF SURVEY OF THE PARENT TRACT BY JOHN LEDINGTON PLS# 3192 DATED JUNE 6, 1996 AND OBSERVED ALONG THE SOUTHERN BOUNDARY OF THE PARENT TRACT.

Being the same property conveyed to John William Hill, III, and his wife, Sherry Hill, from Lonnie Privett, and his wife, Karen Privett, by Deed dated May 22, 2000 and recorded in Deed Book 418, page 393 in the Office of the Whitley County Court Clerk.

Said property address is:  627 Ballard Ford Road East, Williamsburg, Kentucky 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 one-third (1/3) 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 13th day of August, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 10-CI-00275

LOAN CARE A DIVISION OF FNF SERVICING, INC., PLAINTIFF, VS. TIM CORDELL; BETH CORDELL; UNKNOWN DEFENDANT, SPOUSE OF TIM CORDELL; UNKNOWN DEFENDANT, SPOUSE OF BETH CORDELL, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 12, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 13, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Tim Cordell and Beth Cordell, plus costs, are as follows:

(1) The principal sum in the amount of $163,953.06, plus interest from 10/1/09, in the amount of $5,987.29, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,344.55, plus late charges in the amount of $194.07, plus property inspection in the amount of $30.00, plus attorney fees (KRS 411.195) in the amount of $1,150.00, for a total in the amount of $172,658.97.

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

THE FOLLOWING DESCRIBED PROPERTY IN WHITLEY COUNTY, KENTUCKY, WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING LOT NO. 30 IN THE OAKLAWN SUBDIVISION TO THE CITY OF CORBIN, KENTUCKY, A MAP OR PLAT OF WHICH DULY APPEARS OF RECORD IN MAP BOOK 2, PAGE 60, WHITLEY COUNTY COURT CLERK’S OFFICE, AND TO WHICH REFERENCE IS HEREBY MADE FOR A MORE FULL AND COMPLETE DESCRIPTION OF SAID LOT. TAX ID #119-40-02-022.00

TIM AND BETH CORDELL, HUSBAND AND WIFE, FOR AND DURING THEIR JOINT LIVES WITH SURVIVORSHIP RIGHTS, WITH THE REMAINDER IN FEE SIMPLE TO THE SURVIVOR OFTHEM BY DEED FROM CHARLES E. MOORE AND EULENE P. MOORE AS SET FORTH IN BOOK 460 PAGE 399 DATED 04/11/2005 AND RECORDED ON 04/14/2005, WHITLEY COUNTY RECORDS.

Said property address is:  488 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 (1/3) 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 13th day of August, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 10-CI-00158

NATIONSTAR MORTGAGE LLC, PLAINTIFF, VS. MARK TROSPER, ET AL., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on  June 14, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 13, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Mark Trosper and Angela Trosper, plus costs, are as follows:

(1) The principal sum of $69,498.97, plus interest on the principal sum at the rate of 7% per annum from June 1, 2009 until paid, plus costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate. 

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

THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF KENTUCKY, COUNTY OF WHITLEY, CITY OF CORBIN, AND DESCRIBED AS FOLLOWS:

BEGINNING AT A STAKE ON MCKINLEY STREET BEING A DISTANCE OF 200 FEET FROM CLEVELAND STREET NORTHWARDLY; THENCE S. 65 DEGREES 30 MINUTES W. 100 FEET TO A STAKE; THENCE N. 24 DEGREES 30 MINUTES W. 125 FEET TO A STAKE; THENCE N. 65 DEGREES 30 MINUTES E. 100 FEET TO A STAKE; THENCE S. 24 DEGREES 30 MINUTES E. 125 FEET TO A STAKE AT THE BEGINNING.

Being the same property conveyed to Mark Trosper and Angela Trosper, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from United Companies Lending Corporation, by and through Integrated Asset Services, Inc., as Attorney in Fact, filed February 11, 2000, recorded in Deed Book 415, Page 600, County Clerk’s Office, Whitley County, Kentucky

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

Commonly known as: 1394 McKinley 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 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 13th day of August, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

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. 08-CI-00837

PHH MORTGAGE CORPORATION DBA CENTURY 21 MORTGAGE, PLAINTIFF, VS. MARGARET E. MEADOWS AKA MARGARET MEADOWS; ZACHARY M. MEADOWS AKA ZACHARY MEADOWS, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 5, 2009, and subsequent Order on July 6, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 13, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Margaret E. Meadows aka Margaret Meadows and Zachary M. Meadows aka Zachary Meadows, plus costs, are as follows:

(1) The principal sum of $49,585.94, plus interest on the principal sum at the rate of 8.20000% per annum from July 1, 2008, until paid, plus costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate.

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

Situate and located in Whitley County, Kentucky, which is more particularly described as follows, to-wit:

Beginning at a stone in east side of Madison Street; thence in an eastern direction with adjoining property owner’s line about 145 feet; thence in a southern direction with east line of Lot #11, 50 feet from a stone; thence in a western direction and parallel to the 145 foot line mentioned above, about 135 feet to a stone in the west line of Lot #15; thence northward 50 feet to the beginning.

Subject to any and all easements, restriction, conditions, and legal highways of record and/or in existence.

Being the same property conveyed from Lillian Stinchcomb by Clara Joyce Helton, her Attorney in Fact, to Margaret E. Meadows, and her husband, Zachary Meadows, by virtue of a deed dated 10/22/2003 and recorded on 10/24/2003 at Deed Book 447, Page 657, of the Whitley County, Kentucky, real estate records.

Said property address is:  1509 Madison 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 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 13th day of August, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

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. 09-CI-00794

PHH MORTGAGE CORPORATION DBA PHH MORTGAGE SERVICES, PLAINTIFF, VS. DEBORAH MITCHELL AKA DEBORAH L. MITCHELL AND UNKNOWN SPOUSE, IF ANY, OF DEBORAH MITCHELL AKA DEBORAH L. MITCHELL AND HOMETOWN BANK OF CORBIN, INC., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on July 6, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, September 13, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Deborah Mitchell aka Deborah L. Mitchell, plus costs, are as follows:

(1) The principle sum in the amount of $63,332.99, plus interest on the principal sum at the rate of 6.500% per annum from April 1, 2009, plus costs and fees, plus reimbursement for attorney’s fees, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate.

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

BEGINNING at a stake in the south line of Third Street 130 feet west of the southwest corner of Third and Poplar Street; thence with South line of Third Street about 79 feet to E. O. Blankenship’s northeast corner; thence S. 14 12” E. 105 feet to a stake, George Brown’s now Crawford’s line; thence N. 75 13 E. about 79 feet to Wolfington’s line; thence N. 14, 12 W. with said Wolfington’s line 105 feet to the BEGINNING.

It is agreed that a private alley eight feet wide shall be maintained for Third and Fourth Street along the east side this lot for the private use of the owners of the property which adjoins said alley.

Being the same land conveyed to Deborah L. Mitchell by deed from Russell L. Wagers, et al, dated June 28, 2002, and of record in Deed Book 436, Page 59, Whitley County Clerk’s Office.

Said property address is: 307 West Third 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 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 13th day of August, 2010.

HOWARD O. MANN

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 09-CI-00854

WHITAKER BANK, INC., PLAINTIFF, VS. GREGORY WILCHECK AND WIFE, DEBRA WILCHECK 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 March 19, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 13, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Gregory Wilcheck and Debra Wilcheck, plus costs, are as follows:

(1) The principal sum in the amount of $1,155,170.81 as of November 5, 2009, plus interest at the rate of 6.0% per annum until the date of judgment and post-judgment interest at the rate of twelve (12%) percent per annum against Defendant, Gregory Wilcheck, plus reasonable attorney’s fees in the amount of $1,750.00, plus other costs and fees in this action.

The property to be sold is as follows:

TRACT 2: BEGINNING at a ½ inch steel pipe found on the northwest bank of Bark Camp Creek, a corner to William Daniels (DB 465, PG 780), Tattersall Trails Estates (Plat Cabinet Slide 206) and the tract described herein; thence with the Tattersall Trails Estate line the following calls: S00-42-03 W, 78.46 feet to a steel stake found (“3358”), S00-30-06 W, 254.60 feet to a steel stake set, a new corner to Rupert Sherratt (DB 465, PG 476) and the tract described herein; thence severing the Rupert Sherratt property N 84-27-25 W, 142.95 feet to a point in the center of Bark Camp Creek, bearing N 82-27-25 W,  11.71 feet from a steel stake set, a corner to William Daniels and the tract described herein, thence with the creek centerline the following calls:  N26-52-49 E, 28.01 feet; N 09-09-06 W, 35.71 feet; N 07-24-55 E, 36.98 feet; N 37-55-16 E, 33.50 feet; N 31-30-59 E, 47.84 feet; N 69-22-57 E, 18.64 feet; N 25-42-26 E, 19.82 feet; N 04-46-58 W, 28.88 feet; N 36-04-25 E, 58.50 feet; N 28-47-57 E, 62.35 feet back to the point of beginning, containing 0.63 acres, more or less, all according to a survey performed by Grande Engineering, conducted by Edvard Grande, Kentucky Licensed Professional Land Surveyor No. 3276, on February 2, 2006.

Being the same real property conveyed to Greg Wilcheck and wife, Debbie Wilcheck, by deed from Rupert Sherratt and wife, Jeanne Martin, dated April 8, 2006, of record in Deed Book no. 468, Page 297, 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 10% cash 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 13th day of August, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616