Legal Notices for 9/8/10, page 4

 

 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