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Legal Notices for 7/6/2011, page 2


 

 the same map number by the Whitley County Property Valuation Administrator, and declaratory judgment adjudging the property ownership should be entered in the Whitley Circuit Court or a new survey performed to determine the location and ownership interest of all parties.

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 sixty (60) days with interest at 12%.  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, then, and in that event, no payment shall be required and no bond shall be executed by them.  In the event that the successful bidder is a junior lienholder other than the Plaintiff, than at the end of the sixty (60) days, the said party shall pay the full purchase price.

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 17th day of June, 2011.

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-00978

PILGRIM ENERGY, INC., PLAINTIFF, VS. NEIL H. SINGER; and WILLIAM GROOME, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 9, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 11, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Neil H. Singer and William Groome, plus costs, is as follows:

(1) $220.83 being Pilgrim’s acquisition cost of the 2000, 2004, 2005, and 2006 tax bills made the basis of this suit, plus $52.98 twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009; actual and reasonable attorney’s fees of $500.00; Court costs and service costs of $210.64; and Master Commissioner and Appraisers fees.

(2) To secure Pilgrim the above listed recovery, Pilgrim is adjudged to have liens on the following described property:

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

A 0.0139042 working interest in Lease Name Otto Sulfridge 1, Lease Number 239/020

A 0.0139042 working interest in Lease Name E H Meadors 1, Lease Number 239/025

A 0.0139042 working interest in Lease Name W E Brooks 1, Lease Number 239/027

A 0.0139042 working interest in Lease Name Frank Cassidy 2, Lease Number 239/028

A 0.0139042 working interest in Lease Name Frank Patrick 2, Lease Number 239/030

A 0.0139042 working interest in Lease Name Bobby J Petrey 1, Lease Number 239/034

A 0.0139042 working interest in Lease Name Ronald Shupe 4, Lease Number 239/036

A 0.0139042 working interest in Lease Name Otto Sulfridge 1, Lease Number 239020

A 0.0139042 working interest in Lease Name E H Meadors 1, Lease Number 239025

A 0.0139042 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

A 0.0139042 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

A 0.0139042 working interest in Lease Name Frank Cassidy 2, Lease Number 239028

A 0.0139042 working interest in Lease Name Frank Patrick 2, Lease Number 239030

A 0.0139042 working interest in Lease Name Frank Patrick 3, Lease Number 239030

A 0.0139042 working interest in Lease Name Bobby J Petery 1, Lease Number 239034

A 0.0139042 working interest in Lease Name Bobby J Petery, Lease Number 239034

A 0.0139042 working interest in Lease Name Ronald Shupe 4, Lease Number 239036

TERMS OF SALE

1. Pilgrim’s lien is on the undivided natural gas interest in the described property; however, since the oil and natural gas are indivisible in that one (oil) cannot be produced without producing the other, the Court has ordered the sale of the oil and natural gas interest owned by Phillip W. Megna together, free and clear of all liens and claims of the parties hereto. This lien is also deemed to cover the to any unpaid proceeds or royalties from the well(s) located on said Property, which shall also be sold along with the undivided oil and natural gas interest. Said mineral interest (undivided oil and natural gas) is indivisible and cannot be divided without materially impairing its value and said mineral interest 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%.  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, and in that event, they may take a credit upon its Judgment, and shall only be required to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes, pro rata, 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, and leases of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey or inspection 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 17th day of June, 2011.

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. 10-CI-00977

PILGRIM ENERGY, INC., PLAINTIFF, VS. PHILLIP W. MEGNA, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 2, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 11, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Phillip W. Magna, plus costs, is as follows:

(1) $214.82 being Pilgrim’s acquisition cost of the 2000, 2004, 2005, and 2006 tax bills made the basis of this suit, plus $51.50 twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009, an administration fee of $400.00, and a pre-litigation attorney fees of $84.80; actual and reasonable attorney’s fees of $1,125.00; Court costs and service costs of $181.58; and Master Commissioner and Appraisers fees.

(2) To secure Pilgrim the above listed recovery, Pilgrim is adjudged to have liens on the following described property:

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

A 0.0128887 working interest in Lease Name Bobby J Petery 1, Lease Number 239034

A 0.0128887 working interest in Lease Name Bobby J Petery 1, Lease Number 239034

A 0.0128887 working interest in Lease Name Bobby J Petrey 1, Lease Number 239/034

A 0.0128887 working interest in Lease Name E H Meadors 1, Lease Number 239/025

A 0.0128887 working interest in Lease Name Frank Cassidy 2, Lease Number 239/028

A 0.0128887 working interest in Lease Name Frank Cassidy 2, Lease Number 239028

A 0.0128887 working interest in Lease Name Frank Cassidy 2, Lease Number 239028

A 0.0128887 working interest in Lease Name Frank Patrick 2, Lease Number 239/030 (Lease Number may have changed)

A 0.0128887 working interest in Lease Name Frank Patrick 3, Lease Number 239030

A 0.0128887 working interest in Lease Name Frank Patrick 3, Lease Number 239030

A 0.0128887 working interest in Lease Name Otto Sulfridge 1, Lease Number 239/020

A 0.0128887 working interest in Lease Name Otto Sulfridge 1, Lease Number 239020

A 0.0128887 working interest in Lease Name Otto Sulfridge 1, Lease Number 239020

A 0.0128887 working interest in Lease Name Ronald Shupe 4, Lease Number 239/036

A 0.0128887 working interest in Lease Name Ronald Shupe 4, Lease Number 239036

A 0.0128887 working interest in Lease Name Ronald Shupe 4, Lease Number 239036

A 0.0128887 working interest in Lease Name W E Brooks 1, Lease Number 239/027

A 0.0128887 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

A 0.0128887 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

TERMS OF SALE

1. Pilgrim’s lien is on the undivided natural gas interest in the described property; however, since the oil and natural gas are indivisible in that one (oil) cannot be produced without producing the other, the Court has ordered the sale of the oil and natural gas interest owned by Phillip W. Megna together, free and clear of all liens and claims of the parties hereto. This lien is also deemed to cover the to any unpaid proceeds or royalties from the well(s) located on said Property, which shall also be sold along with the undivided oil and natural gas interest. Said mineral interest (undivided oil and natural gas) is indivisible and cannot be divided without materially impairing its value and said mineral interest 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%.  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, and in that event, they may take a credit upon its Judgment, and shall only be required to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes, pro rata, 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, and leases of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey or inspection 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 17th day of June, 2011.

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

CIVIL ACTION NO. 07-CI-00610

DIV. NO. I

COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. ARNIE LEWIS (AKA ARNIE LEWIS, JR.) AND ROBIN LEWIS, HUSBAND AND WIFE; VINCENT DANIEL LEWIS, SR.; RANDALL SMITH; WHITLEY COUNTY, KENTUCKY; JOHN SIMCIK AND AMY SIMCIK, HUSBAND AND WIFE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on March 3, 2008, and subsequent Order entered by the Whitley Circuit Court on May 13, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 11, 2011, at 12:30 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, Arnie Lewis (aka Arnie Lewis, Jr.), plus costs, are as follows:

(1) The sum of $209,411.39 plus unpaid interest of $10,553.75 plus late charges of $180.07, other fees of $2,116.00, for a total payoff of $222,261.21 plus interest at 2.0% in excess of the current index rate from July 12, 2007, until paid plus Court costs and a reasonable attorney fee. Interest accrues daily at $59.6240763 per day.

The property to be sold is as follows:

The real property or its address is commonly known as Spruce Creek Road, Corbin, Kentucky 40701.

Beginning at a fence post in right of way of Spruce Creek Road and U.S. 25W; thence with right of way U.S. 25W and fence N 45° 10’ E a distance of 193 feet to a post, corner of Clarence Adams’ land; thence turning and running with said Adams land N 3° 45’ E a distance of 614.40 to a steel pipe corner of Veach land; thence with Veach land N 2° 12’ W a distance of 647 feet to a steel post, corner of Jean Worley land; thence turning and running with said Worley land 13 feet to a steel bar corner of Bear Town Subdivision; thence turning and running with said subdivision land S 37° 29’ W a distance of 927 feet to a steel bar, corner of Odell Worley, Jr. land; thence turning and running with Worley land S 49° 26’ E to a steel post; thence turning and running with said Odell Worley, Jr. land S 37° 29’ W a distance of 240 feet to a steel post in right of way of Spruce Creek; thence turning and running with said right of way of said road S 49° 26’ E a distance of 557.30 feet to beginning containing a calculated area of 11.47 acres +-, more or less.

Being the same real property conveyed to Arnie Lewis by deed from Jean, Worley, widow, dated November 29, 2005, of record in Deed Book No. 465, Page 684. Also see deed from Odell Worley, Jr., et at, to Arnie Lewis, dated March 13, 2006, of record in Deed Book No. 467, Page 620, Whitley County Court Clerk’s Office.

There is excepted from the above-described property approximately 3.54 acres of property that was conveyed by deed dated January 17, 2007, from Arnie Lewis and Robin Lewis, husband and wife, to L & L Contracting and Custom Homes, LLC of record in Deed Book 474, Page 471, Whitley County Clerk’s Office.

There is also excepted from the above described property, the following property:

Beginning on set iron pin and cap in the northern edge of Spruce Creek Road (15 feet from approximate centerline) and in the eastern edge of a 20’ wide private drive, said pin also being located N 48-22-34 W 536.67 feet from the southeast corner of the parent tract and the intersection of Ky Highway 25W, thence leaving Spruce Creek Road and along the eastern edge of said private drive N 39-45-13 E 134.93 feet to a set iron pin and cap, a corner common to tract 2 of this division, thence with line common to tract 2 S 47-53-53 E 168.52 feet to a set iron pin and cap, thence leaving tract 2 and with a new division line S 33-34-24 W 134.15 feet to a set iron pin and cap in the northern edge of Spruce Creek Road (15 feet from approximate centerline), then with the northern edge of said road N 48-34-22 W 182.90 feet to the point of beginning, containing 0.54 acres by survey conducted March, 22, 2006, by Richard A, Reece, PLS#3358 with H&R Surveying. Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set 1/2” x 18” iron pin with orange plastic cap stamped H&R PLS#3358. All bearings given herein are referenced to the magnetic meridian, as obtained in the field on March 22, 2006, by taking random sight and turning angles therefrom.

Being a portion of the same property conveyed to Arnie Lewis, Jr., et ux., by deed dated November 29, 2005, and of record in Deed Book 465, Page 684, Whitiey 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 b