Legal Notices for 9/9/15

 

 NOTICE:

Josefina Avila Moberly, 9208 Bloomfield Ave., Apt. 80, Cypress, CA 90630 has been appointed as Executrix over the Estate of Don Roy Moberly, deceased.

Kathryn A. Miller, 100 Lowell Brown Rd, Rockholds, KY 40759 has been appointed as Executrix over the Estate of Anthony Richard Miller, deceased.

Kathey Begley, PO Box 49, Corbin, KY 40702 has been appointed Executrix over the Estate of John Begley, deceased.

Johnny Baird, Jr., 2265 Meadow Creek Road, Rockholds, KY 40759 has been appointed Administration over the Estate of Johnny Baird, Sr., deceased.

Larry Stivers, 800 Holly Lane, Corbin, KY 40701 has been appointed Executor over the Estate of Prudy Cannon Stivers, deceased.

lona C. Patrick, 386 Brush Arbor Rd, Williamsburg, KY 40769 has been appointed Executrix over the Estate of Maynard Lincoln Patrick, deceased.

Betty Rains, 465 Reynolds Hollow Rd, Williamsburg, KY 40769 has been appointed as Administratrix over the Estate of Charles Matthew Rains, deceased.

All persons having claim against the said estates are required to present same, verified according to law to the said appointees, not later than six months from said date of appointment.

Given under my hand this 31st day of August 2015.

Gary W. Barton

Whitley County District and Circuit Court

Williamsburg, Kentucky 40769

 

NOTICE:

Final Settlement has been filed in the Estate of Mildred Bunch, deceased, by Shirley Chinn, Executrix. A final hearing will be held October 6, 2015 at 1:00 PM in the Whitley County Judicial Center, District Courtroom located in Williamsburg, Kentucky.

Exceptions, if any, must be filed prior to October 6, 2015. The hearing will be held at 1:00 PM in the Whitley District Court, Williamsburg, Kentucky.

Given under my hand this 31st day of August 2015.

Gary W. Barton

Whitley County District and Circuit Court

Williamsburg, Kentucky 40769

 

ADVERTISEMENT FOR BIDS

WHITLEY COUNTY EXTENSION SERVICE (OWNER) will receive proposals through Codell Construction Company (CM) to furnish all labor and materials to complete the WHITLEY COUNTY EXTENSION SERVICE ADDITION/RENOVATION at 4275 N HIGHWAY 25W, WILLIAMSBURG, KY 40769.  Work is to be performed in accordance with plans, specifications, and addenda prepared by MURPHY + GRAVES + TRIMBLE, PLLC (ARCHITECT), PRESTON ENGINEERING (MECHANICAL AND ELECTRICAL ENGINEER), ABBIE JONES CONSULTING (CIVIL ENGINEER), and BACON FARMER WORKMAN (STRUCTURAL ENGINEER).

Drawings, specifications, and the project manual may be obtained by contacting LYNN IMAGING @ 859/255-1021.  Questions should be directed in writing to the C.M.’s attention:

MATT MILLS

Codell Construction Company

P. O. Box 17

Winchester, KY  40392

PHONE: (606) 545-2236

E-MAIL: mmills@codellconstruction.com

A complete set of Drawings, Specifications, and the project manual requires a refundable deposit of $200.00 payable to WHITLEY COUNTY EXTENSION SERVICE.

Bids will be due by September 30, 2015, at 1:00 PM, and will be opened at the WHITLEY COUNTY EXTENSION OFFICE-MEETING ROOM, 4275 N HIGHWAY 25W, WILLIAMSBURG, KY 40769.   Each bid must be accompanied by a 5% Bid Bond.  No Bidder may withdraw a bid submitted for a period of sixty (60) days after the date set for the opening of bids.

A pre-bid conference is scheduled for September 24, 2015, at 10:00 AM at WHITLEY COUNTY EXTENSION OFFICE-MEETING ROOM, 4275 N HIGHWAY 25W, WILLIAMSBURG, KY 40769. All bidders are urged to attend this meeting.

The Project is to be complete within 548 calendar days from the date of the official Notice to Proceed, and liquidated damages are $1,000.00/day thereafter, if the completion date is not met.  Successful Bidders are required to furnish a 100% Performance and Labor and Material Payment Bond for this Project.

WHITLEY COUNTY EXTENSION SERVICE AND CODELL CONSTRUCTION COMPANY

 

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION II

JEREMY BRYANT and MELINDA WELLS, PLAINTIFFS

CIVIL ACTION NO. 12-CI-00082

LAURA D. BENJAMIN, ET AL, DEFENDANTS

CONSOLIDATED WITH

PAUL EDWARD BENJAMIN and LAURA D. BENJAMIN; GLORIA JEAN BENJAMIN; CHERYL B. CONNERS and CHARLES CONNERS, PLAINTIFFS

CIVIL ACTION NO.: 12-CI-00721

JEREMY W. BRYANT and MELINDA GAIL WELLS, husband and wife; FORCHT BANK, NATIONAL ASSOCIATION; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVENUE,

DIVISION OF COLLECTIONS; COMMONWEALTH OF KENTUCKY, EDUCATION CABINET, EX REL., DIVISION OF UNEMPLOYMENT INSURANCE; COMMONWEALTH CD FUND, LLC; WHITLEY COUNTY, KENTUCKY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to Defendant Forcht Bank’s Judgment and Order of Sale entered by the Whitley Circuit Court on July 2, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on September 21, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Plaintiffs/Defendants, Jeremy W. Bryant and Melinda Gail Wells, plus costs, is as follows:

(1) Pursuant to Count I  of the Judgment:  The sum in the amount of $68,639.23 as of October 22, 2014, plus interest at the rate of 6.5% per annum until the date of judgment and thereafter at the judgment rate of 12% per annum until paid in full.

(2) Pursuant to Count II of the Judgment: The sum of $3,016.38 as of October 22, 2014, plus interest at the rate of 5.25% per annum until the date of judgment and thereafter at the judgment rate of 12% per annum until paid in full.

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

BEGINNING at an iron pin in the Rose line; thence S 23 W 285 feet to a stake on the creek; thence N 49 E 63 feet to a stake; thence N 73 E 167 feet to a stake; N 87 E 100 feet to a stake; thence S 86 E. 123 feet to a stake; thence N 28 W 245 feet to a stake; thence S 78 W 286 feet to the BEGINNING.

BEING THE SAME PROPERTY conveyed to Jeremy W. Bryant and his wife, Melinda Gail Wells, by deed from Aaron Sims and his wife, Leah Gomez Sims, and Jenny Sims, n/k/a Jenny Carr, single, dated August 25, 2009, and recorded in Deed Book 492, Page 264 of the Whitley County Court Clerk’s office.

Property Address: 300 Scott Road, 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 ten percent (10%) down with the balance in thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, they shall only be required to pay costs and expenses of the sale and no down payment shall be required and no bond shall be executed by them.

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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 1st day of September, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 15-CI-00301

FIRST STATE FINANCIAL, INC, PLAINTIFF, VS. FRED POWERS, a/k/a FREDDIE W. POWERS, and his wife, PATRICIA POWERS, a/k/a PATRICIA ANN POWERS; CITY OF WILLIAMSBURG, KENTUCKY; WILLIAMSBURG INDEPENDENT SCHOOL; 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 20, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, September 21, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Fred Powers, a/k/a Freddie W. Powers, Patricia Powers, a/k/a Patricia Ann Powers, plus costs, is as follows:

(1) The sum in the amount of $77,815.43 as of March 16, 2015, plus interest thereon at the rate of 6% per annum until date of judgment and thereafter at 12% per annum until paid in full.

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

PROPERTY ADDRESS:  308 Cumberland Avenue, Williamsburg, Kentucky 40769

Map No. 110-20-05-004.00

A certain tract or parcel of land lying in Whitley County, Kentucky, and bounded and described as follows:

BEGINNING on a stake on Cumberland Avenue, corner of lots conveyed by H. R. White and wife, to R. A. Miller and running thence with the line dividing Lots 16 and 17 herein referred to as the line of R. A. Miller, 116.8 feet to an alley, said course being a northwestern direction; thence with the alley and in a northeastern direction 50 feet to a stake; thence with the alley and in a northeastern direction 50 feet to a stake; thence in a southeastern direction and parallel with the above first line 117.55 feet to a stake at Cumberland Avenue; thence a southwestern course with Cumberland Avenue 50 feet to the beginning corner, same being Lots 12, 13, 14, 15, and 16 of the Parking Lot Subdivision map of which is recorded in the Whitley County Court Clerk’s Office in Map Book 1 at page 129.

BEING THE SAME PROPERTY ACQUIRED by Patricia Powers, by Deed dated July 17, 1995, from Robert Cox and his wife, Frances Cox, and recorded in Deed Book 379, Page 577 of the Whitley County 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 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 thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, for a sum less than its Judgment, then, they shall only be required to pay the costs and expenses of the Commissioner’s Sale, and in that event, no payment shall be required and no bond shall be executed by them.

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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 1st day of September, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION I

CIVIL ACTION NO. 15-CI-00116

WHITAKER BANK, INC., PLAINTIFF VS: DONNIE RAY HENSLEY LIVING TRUST DATED 7/13/2001, BY AND THROUGH DONNA BETH HENSLEY BOCOCK, REPLACEMENT TRUSTEE; DONNA BETH HENSLEY BOCOCK, AND HER UNKNOWN SPOUSE, IF ANY; MYRA DON MARLETT, AND HER UNKNOWN SPOUSE, IF ANY; CITY OF CORBIN, KENTUCKY; 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 6, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, September 21, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem judgment against the Defendant, Donna Ray Hensley Living Trust dated 7/13/2001, plus costs, is as follows:

(1) The sum in the amount of $33,017.60 as of May 26, 2015, plus interest at the rate of 6% per annum until the date of judgment and thereafter at the maximum judgment rate plus Court costs and reasonable attorney fees, until paid.

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

Property Address:  911 8TH Street, Corbin, KY 40701.

DEED ONE:

A tract of land in the County of Whitley, State of Kentucky, located on 8th Street, (formerly Union Street) in the City of Corbin, and bounded on the North by 8th Street and on the east and south by property belonging to John M. Jervis and on the west by property belonging to Billy Ray Mann, and further described as follows:

BEGINNING at a concrete marker on the southern property line of 8th Street and adjacent to the John M. Jervis property; thence south two degrees and forty five minutes west (S2°45’W) a distance of one hundred forty eight and twenty-two hundredths feet (148.22’) to a stake; thence north eight-nine degrees and zero minutes west (N 89° 00’ W) a distance of ninety three and ninty fourt hundreds feet (93.94’) to a stake; thence north ten degrees and zero minutes east (N 10° 00’ E) a distance of one hundred and fifty and zero hundredths feet (150.00’) to a concrete marker on the line of 8th Street south eighty nine degrees and zero minutes east (S 89° 00’ E) a distance of seventy five and zero hundredths feet (75.00’) to the BEGINNING.

BEING THE SAME PROPERTY conveyed to Donnie Ray Hensley, Trustee(s), or his successor(s) in trust, under the Donnie Ray Hensley Living Trust dated July 13, 2001, by Deed dated July 13, 2001, from Donnie Ray Hensley, single, and recorded in Deed book 428, page 110 of the Whitley County Clerk’s Office.

 

DEED TWO:

BEGINNING at a point in the southerly line of 8th Street (formerly Union Street) at a point corner of Reuben Hodge property; thence S. 2° 45’ W. 148.5 feet to a stake; thence N. 89° 00’ W. 49 feet to a stake; thence E. 12° 30’ East 160 feet to a stake at a point corner to W. R. Jervis; thence S. 70° 00’ W. 111 feet to a stake; thence S. 21° 55’ W. 167.5 feet to a stake a point corner with J. T. Enlow; thence N. 68°45’W. 130 feet to a point corner with Charles Sears; thence N. 16°30’East 178 feet to a point; thence N. 10° 00’ East 137 feet to a point corner to Mrs. Ernest Mann and Reuben Hodge; thence S. 89° 00’ E. 143 feet to a concrete monument in line with Lewis McKnight; thence N. 2° 45’ East 148.5 feet to a concrete monument in the Southerly line of 8th Street; thence with the southerly line of 8th Street S. 89° 00’ East 85 feet to the point of BEGINNING.

BEING THE SAME PROPERTY conveyed to Donnie Ray Hensley Living Trust dated July 13, 2001, by Deed dated July 13, 2001, from Donnie Ray Hensley, single, and recorded in Deed Book 428, Page 113 of the Whitley County Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold separately 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 with the balance in thirty-five (35) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, they shall only be required to pay costs and expenses of the sale and no down payment shall be required and no bond shall be executed by them.

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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 1st day of September, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 14-CI-00640

PNC Bank, National Association successor by merger to National City Bank successor by merger to National City Bank of Kentucky, Plaintiff, VS. Mary White aka Mary Helen White; Dennis White aka Dennis W. White; Kentucky Housing Corporation; Americredit Financial Services; Great Seneca Financial Corp, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 6, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on  Monday, September 21, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Mary White aka Mary Helen White, plus costs, is as follows:

(1) The principal sum in the amount of $40,912.42, plus interest from 4/1/2014 in the amount of $2,733.17, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $830.62, plus late charges in the amount of $20.03 for a total in the amount of $44,496.24, together with interest at the rate of 8.8750 percent per annum from the date above until paid; plus late charges, advances for taxes and insurance, and its costs herein expended, including attorney’s fees in the amount of $2,250.00, plus any other fees expended for services performed in connection with the Defendant’s default and for the purposes of protecting Plaintiff’s interest in the property and its rights under the terms of the Note and Mortgage.

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

BEGINNING, at an iron pipe in the center of an existing 15 foot roadway; thence N 42 deg. 08 min. 00 sec. W., with the center the said 15 foot roadway, 160.84 feet to an iron pipe; thence N 46 degrees 03 minutes 00 seconds E., leaving said roadway, 142.72 feet to an 18” white oak tree; thence N. 02 degrees 20 minutes 16 seconds W., with an existing fence, 62.48 feet to an iron pipe; thence S. 43 degrees 04 minutes 41 seconds E., leaving the existing fence, 232.32 feet to an iron pipe; thence S. 46 degrees 03 minutes 00 seconds W., 60.58 feet to an iron pipe; thence N. 37 degrees 00 minutes 00 seconds W., 25.00 feet to an iron pipe; thence S. 46 degrees 03 minutes 00 seconds W., 128.22 feet to the BEGINNING CORNER, containing 0.738 acres.

BEING ALL THE SAME LAND acquired by Mary White, and Dennis White, wife and husband, from Rosie Jane Veach nka Rosie Jane Taylor and Freddie Taylor, husband and wife, by deed dated March 22, 2000, and recorded March 23, 2000, in Deed Book 416, Page 591, in the office of the Whitley County Court Clerk, Williamsburg, Kentucky.

Property Address: 5854 Cumberland Falls Highway, 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 one-third (1/3) down with the balance in thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no down payment shall be required and no bond shall be executed by them.

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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 1st day of September, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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