Master Commissioner Sales 12-14-2022

MASTER COMMISSIONER SALES

In order to comply with the orders of the Whitley Circuit Court, the Master Commissioner will sell the property described in the following action(s) on MONDAY, DECEMBER 19, 2022 at the hour of 12:00 noon, at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky.

For each sale- individually: The said property shall be sold to raise the amounts hereinafter set forth, together with interest and the costs of the action, and upon the (unless otherwise indicated) following terms and conditions.

(A)  At the time of sale the successful bidder shall either pay cash or make a deposit of 10% of the purchase price with the balance on credit for thirty (30) days. In the event the successful bidder desires or elects to credit the balance, he or she will be required to post bond and furnish an acceptable surety thereon. Said bond shall be for the unpaid purchase price and bear interest at the rate the judgment bears, from the date of sale until paid in full, and shall have the force and effect of a judgment. The bond interest rate charged on any unpaid balance is listed for each case shown in Upcoming Sales.

(B)  The purchaser shall be required to assume and pay all taxes or assessments upon the property for the subsequent years after this sale (unless otherwise stated). All other delinquent 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 within ten (10) days from the date of sale.

(C)  The property shall otherwise be sold free and clear of any right, title, and interest of all parties to the action and of their liens and encumbrances thereon, excepting easements and restrictions of record in the Whitley County Court Clerk’s Office and such right of redemption as may exist in favor of the United States of America or the defendant(s).

(D) 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).

NOTICE: THE COVID-19 HEALTH AND SAFETY MEASURES WILL BE OBSERVED AS THIS SALE IS SUBJECT TO SOCIAL DISTANCING AND FACIAL COVERINGS OVER THE NOSE AND MOUTH ARE REQUIRED

THE FOLLOWING PROPERTIES WILL BE SOLD:

COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. II, CIVIL ACTION NO. 21-CI-606, CitiMortgage, Inc., Plaintiff, vs. Joseph Moore, as Heir and Real Estate Beneficiary of Mary Gwenn Moore, AKA Mary Gwendolyn Moore, et al, Defendants. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 15, 2022, and a subsequent Order entered of record November 21, 2022. The In Rem judgment against the Defendants, plus costs, is as follows: (1) The principal sum in the amount of $4,972.65, plus interest on the principal sum at the rate of 5.75% per annum from July 1, 2019 until paid; plus costs and fees of this actions; plus reimbursement for attorney’s fees; sums advanced in payment of property preservation; plus late fees, costs, attorney’s fees, and other advances made; plus any other amounts permitted. Property Address: 406 Cleveland Street, Corbin, Kentucky 40701. Parcel/Map ID#: 138-30-07-035.00

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. I, CIVIL ACTION NO. 22-CI-092, Lakeview Loan Servicing, LLC,  Plaintiff, vs. Delphia Sweney, et al, Defendants. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 7, 2022. The In Rem judgment against the Defendants, plus costs, is as follows: (1) The principal sum in the amount of $57,477.81, plus interest on the principal sum at the rate of 4.75% per annum from January 1, 2021 until paid; plus costs and fees of this actions; plus reimbursement for attorney’s fees; sums advanced in payment of property preservation; plus late fees, costs, attorney’s fees, and other advances made; plus any other amounts permitted. Property Address: 409 Florence Avenue, Corbin, KY 40701. Parcel/Map ID#:  137-32-18-002-00

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. I, CIVIL ACTION NO. 22-CI-102, DGS DEVELOPMENT, LTD, PLAINTIFF, vs. JAMES E. LIFORD, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 27, 2022. The judgment against the Defendant, plus costs, is as follows:  (1) The sum in the amount of $86,988.38 as of January 12, 2022, plus any interest at the rate set om the Promissory Note and additional late charges and/or fees from January 12, 2022, until paid in full, plus any attorney’s fees and court costs and any other amounts permitted. Commonly Known as Tracts 12 and 13, Lucy Lay Farms Located in Whitley County, Kentucky. Being all of Tracts 12 and 13, Lucy Lay Farms, as shown on plat recorded in Plat Cabinet 4, Slide 838, of the Whitley County, Kentucky, Clerk’s records. Subject to Protective Covenants and Restrictions recorded in Miscellaneous Book 205. Page 725, of the Whitley County, Kentucky Clerk’s records and subsequent amendments thereto. All or some subsurface and/or mineral rights may have been severed from surface rights. Those subsurface and/or mineral rights remain a separate estate and the surface may be subject to the subsurface rights. This conveyance is made subject to any prior exceptions or reservations of subsurface and/or mineral rights. Subject to conditions, easements, and restriction of record and/or in existence. Being part of the same property conveyed to the Grantor herein by Deed recorded in Deed Book 560, Page 871 of the Whitley County, Kentucky, Clerk’s records. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the tax year (2022), and all subsequent years.

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. II, CIVIL ACTION NO. 22-CI-281, U.S. Bank National Association, not in its individual capacity but solely as Trustee of NRZ Inventory Trust, Plaintiff, vs. Jessie Matthews, as Possible Heir to the Estate of Susan Leah Matthews, et al, Defendants. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 21, 2022. The In Rem judgment against the Defendants, plus costs, is as follows: (1) The principal sum in the amount of $71,600.11, plus interest at the rate of 5% per annum from August 1, 2021 until paid.; plus the costs and fees of this action; plus attorney’s fees; plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate; plus any and all fees, costs, attorney’s fees, and other advance made pursuant to the terms of the Note and Mortgage, and additional amounts permitted. (2) There is a manufactured home which was converted to real estate that is located on the real property, VIN# 8678 and it will be sold with the real property. Property Address: 312 Brush Arbor Road, Williamsburg, KY 40769. Parcel/Map ID#:  093-30-01-041-00

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. I, CIVIL ACTION NO. 22-CI-368, The Bank Of New York Mellon fka The Bank Of New York As Trustee For The Benefit Of The Certificate Holders of The CWALT, Inc., Alternative Loan Trust 2004-25cb, Mortgage Pass Through Certificates, Series 2004-25CB, Plaintiff, vs. Jamie Yount, Defendant. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 7, 2022. The In Rem judgment against the Defendant, plus costs, is as follows: (1) The principal sum in the amount of $46,958.28, plus interest on the principal sum at the rate of 6.25% per annum from March 1, 2022 until paid.; plus the costs and fees of this action; plus attorney’s fees; plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate; plus any and all fees, costs, attorney’s fees, and other advance made pursuant to the terms of the Note and Mortgage, and additional amounts permitted. Property Address: 58 Letha Petrey Road, Williamsburg, KY 40769-8186. Parcel/Map ID#:  055-00-00-030.02

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. II, CIVIL ACTION NO. 19-CI-503, TIMOTHY B. SHELTON and wife, MEGAN SHELTON, and DEBORAH G. HILL and husband, DONALD C. HILL, PLAINTIFFS, vs. MICHAEL HENSLEY, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 21, 2022. The judgment against the Defendants, plus costs, is as follows: (1) The judgment is for a land partition pursuant to Orders of the Court, and the balance of the sale proceeds shall be distributed as indicated in the judgment herein and an appraisal was not required.  TRACT 1: (Parcel ID Number:  053-00-00-058.00). Beginning at a stone where the white oak, a corner of the David Patton 400 acre survey one stood; thence with the line of said Patton survey reversed North 26 E. 109 3/4 poles to a stake in the forks of the creek; thence up the left prong of the creek and with its meanders North 88 45 E. 5.33 poles; thence S. 85 30 East 3.39 poles; thence N. 67 30 East 4 poles, thence N. 87 East 7.50 poles to a white oak corner of William Angel, thence with his line S. 65 E. 111.50 poles to a stone, leaving Angel’s lines S 33 West 112.00 poles to a stone in the line of the David Patton 400-acre survey, with four sourwoods and a pine marked for pointers thence with the Patton line reversed North 64 West 105.50 poles to the beginning. Containing 53.55 acres, after exceptions. A 30-foot right of way where the old road now runs is given through the remainder of said W. B. Davis survey running west to the said Minnie Angel land for road which leads to the said Cumberland Falls Pike Road. There is accepted from the above described property those certain tracts or parcels of land conveyed to, Helen Shelton, Jack Barton, Cyril Hensley and Mike Hensley. TRACT 2: (Parcel ID Number:  034-00-00-031.00). There is also conveyed by this deed those certain lots located on the Whipporwill Road, Whitley County, Kentucky, and described as follows: Being lots No. 16 and 31 in the Whipporwill Hills Sub-Division as recorded in Map Book # 2, pages 56 and 57. TRACT 3: (Parcel ID Number:  034-00-00-030.00) There is also conveyed by this deed that certain tract or parcel of land lying in Whitley County, Kentucky, and bounded and described as follows: Being lot or parcel of land situated in Whipporwill Hill Sub-division on Whipporwill Creek (Bark Camp, Ky), fronting 165 feet on Sue Lane and extending back for 200 feet to Peggy Lane with a frontage of 91 feet on Peggy Lane and is bounded on the west by Whipporwill Road; and being Lots numbers, 15 and 30 as shown on plat in Plat Book Number 2, at pages 56 and 57, records of the Whitley County Court Clerk’s Office. BEING ALL OF THE SAME PROPERTY acquired by Leo Hensley, H.C. Hensley, Jr., Wone Edith Gillim, Pauline Nunn, Jimmy Hensley, Theodore Hensley, Helen Shelton, Ray Hensley, Jerry Hensley, Marcella Barton, Carolyn Noe, and Mike Hensley, by deed dated August 14, 1981, and recorded in Deed Book 290, Page 571, records of the Whitley County Court Clerk’s Office.  See also Deed of Conveyance whereby Helen Fallon (formerly Helen Shelton) conveyed her one-twelfth (1/12) undivided interest to her children, Deborah G. Hill and Timothy B. Shelton, by deed dated June 13, 2019, and recorded in Deed Book 551, Page 317, records of the Whitley County Court Clerk’s Office.

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. I, CIVIL ACTION NO. 19-CI-649, MID SOUTH CAPITAL PARTNERS, LP,  PLAINTIFF, vs. EVA HODGE, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 3, 2022. The In Rem judgment against the Defendants, plus costs, is as follows: (1) The judgment for the fees/costs accrued relating to the Certificate(s) of delinquency for the tax year 2008, in the sum in the amount of $300.82, plus accrued interest in the amount of $472.57 through September 2022, administrative fees of $100.00, plus prelitigation attorney’s fees of $300.82 and tax year 2008 of $263.13, plus accrued interest in the amount of $412.91 through September 2022, administrative fees of $100.00, prelitigation attorney’s fees of $263.13, as well as litigation fees costs of $1,592.06, and reasonable attorney’s fees in the amount of $2,000.00, the total judgment as of the date of judgment being $5,805.44. BEGINNING on a set stone near the house; thence S 5 1/2 West, 88 feet to a maple; thence S 87 1/2 West, 427 feet to a set stone on the north bank of branch; thence due North 491 feet to a black oak; thence with Daniel Eagle’s line; and the wire fence S 80 East, 383 feet to a black oak; thence S 9 East, 319 feet to the beginning. Being the same property conveyed to Eva Hodge from David Elliott and Lily Elliott by deed dated May 15, 1979 and recorded in the office of the Whitley County Court Clerk in Deed Book 259, Page 601. MAP ID NO.:  NOT MAPPED. PROPERTY ADDRESS: Woodbine. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the tax year (2022), and all subsequent years.

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. II, CIVIL ACTION NO. 22-CI-062, SOUTHWEST STAGE FUNDING, LLC DBA CASCADE FINANCIAL SERVICES, PLAINTIFF,  vs. AARON MACK, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 21, 2022. The In Rem judgment against the Defendants, plus costs, is as follows: (1) The principal sum in the amount of $69,025.70, together with accrued interest on the principal sum thereafter at the rate of 8.00000% per annum from July 27, 2022, until paid in full. (2) There is a 2020 TRU Mobile Home VIN-CWP043309TN that is included with the real property. Address: 271 Shelby Hurst Road, Williamsburg, Kentucky 40769. Parcel/Map ID#: 113-00-00-041.02

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Dated this 6th day of December, 2022.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P.O. BOX 1344, CORBIN, KY 40702

PHONE: 606-528-0616