Legal Notices for 9/8/10, page 5

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