Master Commissioner Sales 12-8-2021

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 19-CI-278

Community Trust Bank, Inc., Plaintiff, VS. Dale Claudette Baird; Tracy Baird; and Unknown Spouse of Tracy Baird, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 1, 2021, 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 Wednesday, December 15, 2021, at 12:00 p.m., or thereabout, the real property described in this Notice.

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 judgment against the Defendant, Dale Claudette Baird, plus costs, is as follows:

(1) The principal sum in the amount of $6,911.45; plus unpaid interest in the amount of $612.86; plus legal fees in the amount of $8,144.87; plus forced place insurance in the amount of $314.56, for a total payoff of $15,983.74, plus interest and accruing daily at a rate of $0.8047579 or 4.25% (as of September 21, 2021).

(2) There is a 2001 Clayton Mobile Home: VIN #CLM076540TN that is located on the real property and will be sold with the real property.

Property Address: 855 Foley Bend Road, Williamsburg, KY 40769

PVA Map No: 151-00-00-135.01

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COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 19-CI-638

Freedom Mortgage Corporation, Plaintiff, VS. Misty Hensley; Wayne Hensley; Unknown Spouse of Wayne Hensley; Unknown Spouse of Misty Hensley, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 15, 2021, 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 Wednesday, December 15, 2021, at 12:00 p.m., or thereabout, the real property described in this Notice.

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 In Rem judgment against the Defendants, plus costs, is as follows:

(1) The principal balance in the amount of $111,372.25; with interest thereon in the amount of $12,778.61; plus hazard insurance in the amount of $2,883.23; plus taxes in the amount of $2,381.54; plus mortgage insurance in the amount of $1,715.28; plus previous bankruptcy fees/costs in the amount of $1,481.00; plus title work in the amount of $400.00; plus property inspections in the amount of $390.00; plus filing fees in the amount of $344.22; plus warning order attorney in the amount of $258.20; plus late charges in the amount of $ 142.38; plus service of process in the amount of $130.20; plus property inspections in the amount of $120.00; plus recording fee in the amount of $ 46.00; plus attorney fees in the amount of $1,800.00, for a total in the amount of $136,242.91, along with interest at the per diem rate of $14.4936 from October 31, 2021, until date of judgment, and with a post-judgment statutory interest rate of 4.75% thereafter on the judgment amount until paid, plus and additional attorneys’ fees and costs of collection, expenses and disbursements by Plaintiff for taxes and insurance, and other charges and costs incurred in this civil action.

Property Address: 524 Forego Trail, Corbin, KY 40701

PVA Map No: 103-00-00-018.00

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COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 20-CI-065

Corbin Materials, Inc., and William “Bill” Pennington, Plaintiff, VS. Pennington Farms, LLC; Whitley County, Kentucky; American Highwall Mining, LLC; and Cello Partnership d/b/a Verizon Wireless, as successor in interest to Bluegrass Cellular, Inc, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to an Amended Judgment and Order of Sale entered by the Whitley Circuit Court on October 4, 2021, 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 Wednesday, December 15, 2021, at 12:00 p.m., or thereabout, the real property described in this Notice.

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 In Rem judgment against the Defendants, plus costs, is as follows:

As of June 1, 2021, the sum in the amount of $974,000.00, together with interest at the rate of four percent (4%) per annum from June 2, 2021 until paid.

The sale of the property is subject to the existing and enforceable leasehold estates of American Highwall Mining, LLC., and Cellco Partnership d/b/a Verizon Wireless and the resolution of the boundary dispute between South Corbin, LLC, American Highwall Mining, LLC, and Pennington Farms LLC.

The property being sold is described as a Certain tract or parcel of land lying in Whitley County, Kentucky, being all of the same land conveyed to Pennington Farms, LLC by deed from Corbin Materials, Inc., dated May 16, 2005 and lodged in the Office of the Whitley County Court Clerk on May 17, 2005 in Deed Book 461, Pages 165 – 173.

 

DEED I:

 

TRACT I:

BEGINNING on the south side of the Hart Road and West side of Dixie Highway; thence about west with the said Hart Road to old Steve Part line; thence about south with the Steve Hart line to the Hatfield line; thence about south-west east with the Hatfield line to Dixie Highway No. 26; thence about north with west side of Dixie Highway to the BEGINNING.

 

TRACT II:

BEGINNING on a stone in Bledsoe line at Sutton’s old Pine corner, running thence west 20 poles to a stone, Sam Barton’s corner; thence N 58 W 24 poles to a stone at road near corner of old field; thence N 45 W 28 poles to a stone; thence N 36 E 23 poles to a maple; thence S 801/4 E 6 poles to a maple Cora Ellison corner; thence N 11 E 13 poles to a stone; thence East 44 poles to a stone in G.B. Skinners line; thence with it S 3 W 72 poles to the Beginning.

This conveyance is subject to exceptions, restrictions, conditions or provisions contained in deed of record in Deed Book 104, Page 320, relating to coal rights, if any.

 

TRACT III:

Beginning at the Northeast Corner of the land sold to Arthur A. White in line of the Highway, running in a northward direction with said highway, to the top of the hill being about _____ feet to a stone, thence in a Westward direction with the original line about ____ feet to a stone, thence in a Southward direction with the old original line about ____ feet to a stone, thence in an Eastward direction with the old original line on the line of the land sold to Arthur A. White about ____ feet to the beginning, and containing about 50 acres more or less.

 

TRACT IV:

Beginning on a stone at a bridge across a branch, Rosa Barton’s and R.M. Hart’s corner; thence running N. 3 E. 20 poles to a stone at Sam Barton’s gate; thence N. 50 w. 6 poles to a stone; N. 25 W. 4 poles to a stone; thence N. 9 W. 29 poles to a stone in Cora Ellison line; with it N. 58 W. 11 poles to a stone; thence N. 45 W. 30 poles to a stone; thence S. 18 W. 60 poles to a Stone in Rosa Barton’s line; thence S. 70 E. 67 poles to the beginning, excepting a 30 foot roadway along the first six lines on North side of plot.

 

TRACT V:

BEGINNING at the center of the creek at the Louisville and Nashville railroad right of way on the west side; thence with the railroad right of way N. 13-1 /2 W. 713.2 feet to a stone; thence S. 13-1/2 E. 487 feet to a stone; thence crossing the highway S. 83-1/2 W. 122 feet to a stone; thence the same course to a point in the center of the creek; thence with the meanders of the creek to the BEGINNING.

 

EXCEPTION:

There is excepted from the above and foregoing that property conveyed by the Grantors hereto to William Harold Pennington and his wife, Jan Rose Pennington, on February 20, 2961, recorded in Deed Book 202, Page 257, Whitley County Court Clerk’s office.

This deed is meant to convey that portion of property lying on the West side of Highway 26.

 

TRACT VI:

BEGINNING at a stone on the west side of Kentucky Highway #26, 52 feet north of concrete culvert, running North 1 W with the highway about 48 feet to a corner fence post; thence running S 90 W about 168 feet with the fence; thence N 1 W 24 feet with the fence; thence S 90 W about 135 feet with the fence; thence S 1 E about 72 feet to a corner post; thence N 90 E about 303 feet with the Kentucky Utilities property line to the BEGINNING.  Containing approximately 0.4 acres.

 

TRACT VII:

BEGINNING on a stone corner Ellison corner; thence northward with the big line 200 feet; thence South 166 feet to a stone; thence East 172 feet to a stone; thence North 97 feet to the BEGINNING.

Being the same property conveyed to Corbin Materials, Inc. by deed dated July 22, 1991 and recorded in Deed Book 349 at Page 187, in the Whitley County Court Clerk’s Office.

 

DEED II:

BEGINNING on a stone at L & N Right-of-way, C.U. Jarvis corner, thence with his line N 10 W 335 feet to a wild-cherry tree on bank of branch, thence up the branch with its meanders, when reduced to a straight line N 10 W 300 feet, to a stone on bank of branch; thence N 91/2 E 850 feet to a small locust; thence N 23 W 228 feet to a stone, two feet west of Mart Chestnut’s and R.B. Sutton’s line; thence with said Sutton’s line S 73 W to Lib Sutton’s corner; thence continuing about the same direction with Lib Sutton’s line to a stake in his line; thence turning at about a right angle and running with said Sutton’s line to the County Road, now Highway 26, at H.L. Taylor’s corner; thence continuing southwardly with said Taylor’s line to a stone at L & N right-of-way; thence northward with L & N right-of-way to the beginning.

There is excepted from the above described property the following described property located in Whitley County, Kentucky, recorded in Deed Book 316, Page 427, Office of the Whitley County Court Clerk’s Office, conveyed to Nadine Carr, et ux., on September 23, 1986, and being more particularly described as follows, to wit:

Beginning at a pipe corner in the north right of way line of State Highway #26, which is assume to be 25’ from center paving, said pipe being 19’ eastwardly from a power pole with transformer and across said highway from Home Builders Supply facility; thence S. 77º 45’ W. 25’ northwardly from and parallel to the center of paving of said highway-125.00’ to a pipe corner; thence across land of subject owner, Link Pennington Sr. heirs, N. 12º 20’ W. – 290.00’ to a pipe, N. 77º 45’ E.-125.00’ to a pipe and S 12º 20’ E. 290.00’ to the beginning, containing 0.83 acres.

There is further excepted from the above described tract that certain tract conveyed to Link Pennington, Jr., and his wife, Neva Pennington, on September 19, 1969, by Link Pennington and his wife, Lettie Pennington, recorded in Deed Book 224, Pages 79-80, Office of the Whitley County Court Clerk, and more particularly described as follows, to wit:

BEGINNING on a stone at L & N R. R. Right-of-way, C. U. Jarvis’ corner, thence with his line N 10 W to Highway 26; thence westerly with said Highway to a stake in the old outside line; thence with the old outside line southerly to the L & N R. R. Right-of way line; thence with it/northeasterly to the beginning.

Being the same property conveyed to Corbin Materials, Inc. by deed dated September 23, 1986 and recorded in Deed Book 316 at Page 432 Whitley County Court Clerk’s Office.

 

DEED III:

Formerly known as the R. B. Sutton farm, and bounded and described as follows:

BEGINNING on a stone 12 feet north 28 west of a white oak corner of L.S. Sutton and John Bryant on S.W. side of the road; thence South 80 ½ West 37 poles to a stone on ridge road and within 12 feet of A.J. Sutton’s (Wells) line; thence North 55 West 25 3/4ths poles to a sourwood in field on top of a ridge; thence with old ridge road North 47 West 42 poles to a stone at small double black oak bush; thence North 80 West 8 poles to a stone; thence North 60 West 6 poles to a stone; thence North 37 West 13 poles to a stone; thence North 55 West 13 ½ poles to a stone; thence North 46 West 15 poles to a stone; thence North 33 West 11 ½ poles to a stone in ridge road leading from Woodbine to Bacon Creek and in the L.S. Sutton and S.B. Hart line; thence with said Sutton and Hart line North 20 East 38 poles to a black oak, a corner of said Sutton and Hart; thence South 70 East 68 poles to a stone at Old Sassafras corner; thence north 59 East 18 poles to a spotted oak and maple stump; thence South 62 East 40 poles to a double maple; thence South 87 East 34 poles to a hickory, corner of G.B. Skinner; thence leaving old line and with said Skinner’s line South 21 West 20 poles to a chestnut; thence 39 East 18 poles to a chestnut; thence South 32 East 8 ½ poles to a small sourwood; thence South 34 East 11 poles to a small chestnut oak; thence South 62 East 5 ½ poles to a stone in Skinner’s line; thence South 49 West 4 feet to a stone 12 feet from Elifer Sutton’s beginning corner; thence South 76 West 8 ½ poles to a stone; thence north 76 West 6 poles to a stone; thence south 57 West 27 poles to a stone within 12 feet of and North 57 East of L.S. Sutton’s and John Bryant’s line 20 ½ feet to the beginning, and with all roads belonging to the same, containing 80 acres, more or less.

EXCEPTED AND EXCLUDED from the property hereinabove described and conveyed is all that real estate or parcel previously conveyed to Joel C. Bays, Jr. and Dorothy Bays, his wife, on the 29th day of March, 1962 by Joel Bays and Hazel Bays, his wife, as the same appears of record in Deed Book 253 at page 3, Whitley County Court Clerk’s office, Williamsburg, Kentucky, and which is more particularly bounded and described as follows, to-wit:

BEGINNING on a white oak in the Richard Wynn line at the entrance from the lane; thence in a northward direction with the Richard Wynn line (old Skinner line) about 700 feet; thence Northeastward still with the Richard Wynn line about 330 feet to the established fence, the Barton line; thence with the Barton line West about 735 feet to the Joel Bays line; thence southwardly with the Joel Bays line fence about 1360 feet to the Clifford Sullivan line; thence southeastwardly with the Sullivan line about 265 feet and continuing eastwardly with the ridge line to the BEGINNING about 1515 feet from the Sullivan corner.

Being the same property conveyed to Corbin Materials, Inc., by deed dated October 3, 1991 and recorded in Deed Book 350 at Page 498 office of the Whitley County Court Clerk’s Office.

 

DEED IV:

BEGINNING on a white oak in the Richard Wynn line at the entrance from the lane, thence in a northward direction with the Richard Wynn line (old Skinner line) about 700 feet, thence Northeastward still with the Richard Wynn line about 330 feet to the established fence, the Barton line; thence with the Baron line West about 735 feet to the Joel Bays line; thence Southwardly with the Joel Bays line fence about 1360 feet to the Clifford Sullivan line; thence Southeastwardly with the Sullivan line about 265 feet and continuing eastwardly with the ridge line to the BEGINNING, about 1515 feet from the Sullivan corner.

Said property being re-surveyed by W.C. Cannon, Ky. R.L.S. #463, and described as follows:

Beginning at a 30” maple at the end of a lane leading from Ky. State Highway #26 at a gate in the west line of Richard Wynn property; thence with a fence along the west line of said Wynn property (7 courses), N. 44º  44’ W. 72.62’ to a 24” pine, N. 41º 23’ W. -59.03 to a 24” oak, N. 24º 45’ W. -93.75 to a fence post, N. 26º 47’ W. 170.92’ to a 30” oak, N. 33º 05’ W. -302.04’ to a fence N. 29º 50’ E. -134.82 to a 30” oak and N. 22º 01’ E. -174.61’ to a fence post across a branch, in the south line of Shirley J. Barton property; thence N. 80” 35’ W. With a fence along the south line of said Barton property – 310.24’ to a 24” hickory, the southeast corner of Raymond Walters property; thence with a fence along the south line of said Walters property, (2 courses) N. 80º 24’W. – 287.92’ to a 15” black oak and N. 56º 48’ W. -137.27’ to an 8” white oak, the northeast corner of Warren Greer, (Melco) property; thence with the meanders of a fence along the east line of said Greer (Melco) property, straight lines being (7 courses) S. 32º 18’ W. – 92.03’ to a point, S. 28º 49’ W. – 163.82’ to a point, S. 23º 21’ W. – 217.28’ to a fence post, S. 8º 19’ W. 137.48’ to a fence post, S. 18º 05’ W. – 164.33’ to a fence post, S. 32º 03’ W. – 118.93’ to a fence post and S. 36º 22’ W. – 377.84’ to a fence post at the end of the fence at the toe of the strip mine highwall, the northwest corner of Mrs. Claude Sullivan property; thence partly with the meanders of the toe of said highwall along said Sullivan north line, straight lines being (2 courses) S. 44º 06’ E. – 218.93’ to a 4” twin maple and S. 71º 39’ E. – 187.74’ to a fence corner, said corner being common to said Sullivan, Harold Pennington and Jack Hall; thence with a fence along the top of said highwall, along the north property lines of said Hall, George Harris, Walter Pennington and Mrs. Ray Sutton, in all, (3 courses), N. 83º 36’ E. – 351.58” to a fence post, N. 77º 37’ E. 192.40’ to an 18” black oak, and N. 61º 21’ E. – 457.89 to a fence post corner; thence S. 74º 09’ E. with a fence along said Ray Sutton and also Charles Huff north east property line – 58.46’ to a point in the fence line; thence with a fence along said Charles Huff north line (3 courses), S. 60º 14’ E. – 94.36’ to a fence post, N. 83º 33’ E. – 74.28’ to a 24” oak and N. 68º 24’ E. – 17.58” to a crosstie gate post at the end of a lane; thence N. 29º 18’ E. with the gate – 14.12’ to the beginning containing 26.86 acres.

Being the same property conveyed to Corbin Materials, Inc. on October 9, 1989 and recorded in Deed Book 336 at Page 386 in the Whitley County Court Clerk’s Office.

 

DEED V:

BEGINNING at the ford of a branch running into Lynn Camp Creek, the ford being the old corner of M.A. and R.M. Hart, now the corner of Faulkner, thence S 69 E 39 poles to a stone; thence S 34 E 14 poles to a stone; thence 52 ½ W 28 poles to a stone; thence N 87 ½ /W 40 poles to a stone; thence S 61 ½ W 37 poles to a stone; thence S 49 W 15 1/3 poles to a stone; thence N 61 W 8 2/3 poles to a spotted oak and maple thence S 60 ½ W 18 poles to a stone; thence N 79 W 86 ½ poles to a stone; thence N 18 E 13 ½ poles to a stone; thence N 29 E 16 poles to a stone; thence 35 E 14 poles to a stone; thence N 49 E 17 1/3 poles to a stone; thence N 29 E 16 poles to a stone; thence N 35 E 14 poles to a stone; thence N 49 E 17 1/3 poles to a stone; N 44 ½ E 20.4poles to a stone, thence N 58 E 16 poles to a stone; thence N. 75 E. 10 poles to a stone; thence 51 ½ E 17 poles to a double dog wood; thence S 70 E 90 poles to the beginning.

There is also conveyed hereby the interest in and to the above described property conveyed to H W. Barton, by W. T. Barton and wife, Nellie Barton by deed dated July, 1944 and of record in deed book 156 page 524, Whitley County Court Clerk’s office and by Richard B. Barton, a single man, by deed dated December 5, 1932, of record in deed book 129 page 434, Whitley County Court Clerk’s office and by B.A. Barton and his wife, Kate Barton by deed dated November 29, 1940 which is of record in deed book 148, page 522, Whitley County Court Clerk’s office.

It is further agreed and understood that this conveyance is made subject to the exception and conditions relating to the ownership and mining of blue gem coal contained in the deeds of conveyance hereinbefore mentioned. Provided, however, the parties of the first part H. W. Barton and his wife, Hannah E. Barton, hereby convey to second party all their right, title and interest of every kind and description in and to the above described property.

Being the same property conveyed to Corbin Materials, Inc. on December 10, 2002 and recorded in Deed Book 440 at Page 249 in the Whitley County Court Clerk’s Office.

 

EXCEPTION:

THERE IS EXCEPTED FROM THE ABOVE DESCRIBED REAL ESTATE AND NOT INCLUDED IN THE PROPERTY TO BE CONVEYED HEREIN, A PARCEL OF REAL ESTATE CONVEYED TO MICHAEL S. REEVES AND SARAH TIPTON REEVES, HUSBAND AND WIFE, FROM D.G. CONSOLATED, LLC, A KENTUCKY LIMITED LIABILITY COMPANY,  BY DEED DATED SEPTEMBER 10, 2019, AND OF RECORD IN DEED BOOK 552, PAGE 249; FOR FURTHER SOURCE OF TITLE: BEING A PART OF THE PROPERTY ACQUIRED BY D.G. CONSOLIDATED, LLC FROM PENNINGTON FARMS, LLC, BY DEED DATED MAY 11, 2015, AND RECORDED IN DEED BOOK 528, PAGE 445, ALL RECORDS 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 full cash or may pay ten percent (10%) down with the balance in thirty (30) days. If the purchase price is not paid in full, the successful bidder shall execute a bond at the time of sale with sufficient surety approved by the master commissioner prior to the sale to secure the unpaid balance of the purchase price. Pursuant to KRS 426.705 the bond shall bear interest at the rate the judgment bears, 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 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 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:
6. Easements, restrictions, and stipulations of record;
7. Assessments for public improvements levied against the following real estate;
8. Any facts which an inspection and accurate survey of the following described real estate may disclose.
9. 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).
10. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 7th day of December, 2021.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P.O. BOX 1344, CORBIN, KY 40702

PHONE: 606-528-0616