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Legal Notices for 5/9/2012, page 1


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 INTENTION TO MINE

Pursuant to Application Number 918-0430, Amendment#2

In accordance with KRS 350.070, notice is hereby given that Denali Energy Group, 121 Prosperous Place Suite 13-B, Lexington, KY 40509 has applied for an amendment to an existing surface coal mining and reclamation operation located 1.20 miles north of Louden in Whitley County.  The amendment will add 26.87 acres of surface disturbance and will underlie an additional 34.00 acres making a total area of 193.87 acres within the amended permit boundary.

The proposed amendment area is approximately 0.2 miles north from KY 1064’s junction with Poynter Road and located 0.5 miles east of Whetstone Creek. The Latitude is 36°46’08”and the Longitude is 84°02’20”.

The proposed amendment is located on the Rockholds U.S.G.S. 7 ½-minute quadrangle map. The surface area to be disturbed by the amendment is owned by Ada Powers and Don Bunch. The amendment will underlie land owned by Ada Powers and  Don Bunch. The operation will use the area and auger methods of surface mining.  The operation will affect an area within 100 feet of public road KY 1064. The operation will not involve relocation or closure of the public road.

The amendment application has been filed for public inspection at the Division of Mining Reclamation and Enforcement Middlesboro Regional Office, 1804 E. Cumberland Ave, Middlesboro, KY 40965.  Written comments, objections, or requests for a permit conference must be filed with the Director, Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

NOTICE OF BOND RELEASE

In accordance with the provisions of KRS 350.093, notice is hereby given that D & H Coal Company of Laurel County, Inc., P.O. Box 1016, Williamsburg, KY 40769, has applied for a Phase I bond release of Permit No. 918-0415, Increments #1, #2, #3, and #4, which was last issued on 12-22-2010.  This application covers an area of 58.4 acres of surface area and located approximately one half mile southwest of the community of Faber in Whitley County, Kentucky.

The permit area is approximately 0.4 mile west of State Route 26’s junction with Faber Corinth Road and located 0.25 mile east of Interstate 75.  The latitude is 36°52’ 51”,  the longitude is 84° 08’ 01”. 

The letter of credit bonds now in effect total $103,300.00, of which approximately 60 percent is requested to be included in this phase of bond release.

Reclamation work performed includes:  As of December 24, 2010, the mine site has been backfilled to the approved post mining slope, and seeded and mulched according to the revegetation plan.   

Written comments, objections, and requests for a public hearing must be submitted to the Cabinet at:  Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY  40601, by June 29, 2012.

A public hearing has been scheduled for 9:00 a.m. on July 2, 2012, at  the Middlesboro Regional Office, 1804 E. Cumberland Ave., Middlesboro, KY  40965.  This hearing will be canceled if the Cabinet does not receive a request in writing for the public hearing by June 29, 2012.

 

NOTICE:

Speedway LLC-PO Box 1500, Springfield, OH 45501, mailing address Speedway LLC hereby declares intention(s) to apply for a Retail Beer License no later than May 10, 2012. The business to be licensed will be located at 1897 Cumberland Falls Hwy, Corbin, Kentucky 40701 doing business as Speedway 5411.

The  members are as follows: President, Anthony R. Kenney of PO Box 1500, Springfield, OH 45501; Vice-President, Glenn M. Plumby of PO Box 1500, Springfield, OH 45501; Secretary, David E. Ball of PO Box 1500, Springfield, OH 45501; Treasurer, Ronald L. Edmiston of PO Box 1500, Springfield, OH 45501.

Any person, association, corporation or body politic may protest the granting of the license(s) by writing the Dept. of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, KY 40601-8400, within 30 days of the date of this legal publication.

 

NOTICE:

Mac’s Convenience Stores LLC, mailing address PO Box 347, Columbus, IN 47202 hereby declares intention(s) to apply for a Retail Beer License no later than May 31, 2012. The business to be licensed will be located at 1142 Gordon Hill Pike, Corbin, Kentucky 40701-3041 doing business as Circle K #3291.

The  members are as follows: VP, Midwest Operations, Bruce Landini of 4377 West Minister Place, Columbus, IN 47201; Manager, LLC, Brian Hannasch of 8815 West SR 46, Columbus, IN 47201; Manager, LLC, Kathy Cunnington of 14202 S 12th Place, Phoenix, AZ 85048; Assistant Secretary, Betty Watts of 6465 W 950 N, Scipio, IN 47273.

Any person, association, corporation or body politic may protest the granting of the license(s) by writing the Dept. of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, KY 40601-8400, within 30 days of the date of this legal publication.

 

NOTICE:

Mac’s Convenience Stores LLC, mailing address PO Box 347, Columbus, IN 47202 hereby declares intention(s) to apply for a Retail Beer License no later than May 31, 2012. The business to be licensed will be located at 3782 Cumberland Falls Hwy., Corbin, Kentucky 40701-8897 doing business as Circle K #3292.

The  members are as follows: VP, Midwest Operations, Bruce Landini of 4377 West Minister Place, Columbus, IN 47201; Manager, LLC, Brian Hannasch of 8815 West SR 46, Columbus, IN 47201; Manager, LLC, Kathy Cunnington of 14202 S 12th Place, Phoenix, AZ 85048; Assistant Secretary, Betty Watts of 6465 W 950 N, Scipio, IN 47273.

Any person, association, corporation or body politic may protest the granting of the license(s) by writing the Dept. of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, KY 40601-8400, within 30 days of the date of this legal publication.

 

NOTICE:

Kroger Limited Partnership I, through its General Partner, KRGP, Inc. mailing address P.O. Box 32680, Louisville, KY 40232, hereby declares its intention to apply for a retail package malt beverage license no later than June 8, 2012. The business to be licensed will be located at 1019 Cumberland Falls Highway, Corbin, KY 40701, doing business as Kroger. The Principal Officers are as follows: President and COO, David B. Dillon of 1050 East Rookwood Drive, Cincinnati, OH 45208; Sr. Vice President and Secretary, Paul W. Heldman of 1135 Edwards Road, Cincinnati, OH 45208; Vice President and Treasurer, Scott M. Henderson of 10548 Secretariat Drive, Union, KY 41091; Manager, Dwayne L. Eggen, 48 Ponderosa Trail, Corbin, KY 40701. Any person, Association, corporation, or body politic may protest the granting of the license(s) By writing the Department of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, KY 40601, within 30 days of date of this legal publication.

 

NOTICE:

North Main Street Wine & Liquor, mailing address 315 N Main St., Corbin, KY 40701 hereby declares intention(s) to apply for a Retail Beer, Retail Liquor Package license(s) no later than May 31, 2012. The business to be licensed will be located at 315 N Main St., Corbin, Kentucky 40701 doing business as North Main Street Wine & Liquor.

The  owners are as follows: Owner, Lisa Snyder of 467 Bryant Rd., Corbin, KY 40701; owner, Patrick McCowan, 1256 Kennecot Way, Lexington, KY 40514.

Any person, association, corporation or body politic may protest the granting of the license(s) by writing the Dept. of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, KY 40601-8400, within 30 days of the date of this legal publication.

 

NOTICE:

Liquor Mart of Corbin, LLC, mailing address 2595 Cumberland Falls Highway, Corbin, KY 40701 hereby declares intention(s) to apply for a Retail Beer, Retail Liquor by the Package, Retail Liquor Package Sampling license(s) no later than May 4, 2012. The business to be licensed will be located at 2595 Cumberland Falls Highway, Corbin, Kentucky 40701 doing business as Liquor Mart of Corbin, LLC.

The  members are as follows: Member/Manager, Paul D. Taylor of 147 Plantation Dr., Richmond, KY 40475; member, Kurt Kraus, 1111 Scenic View Heights, Corbin, KY 40701; member, Teresa Carpenter, 1370 Seventh St., Corbin, KY 40701.

Any person, association, corporation or body politic may protest the granting of the license(s) by writing the Dept. of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, KY 40601-8400, within 30 days of the date of this legal publication.

 

NOTICE:

Tri County Elk’s Lodge #2826, Inc., mailing address 207 North Main St., Corbin, KY 40701 hereby declares intention(s) to apply for a Restaurant Liquor and Wine by the Drink, Retail Beer license(s) no later than May 18, 2012. The business to be licensed will be located at 207 North Main St., Corbin, Kentucky 40701 doing business as Tri County Elk’s Lodge #2826, Inc.

The  principal officers and directors are as follows: President, Gina Sears, 7877 KY 1232, Corbin, KY 40701; director, Mike Vance, 274 Spring Cut Circle, Corbin, KY 40701; treasurer, Amber Noell of 1103 Whitley Ave., Corbin, KY 40701.

Any person, association, corporation or body politic may protest the granting of the license(s) by writing the Dept. of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, KY 40601-8400, within 30 days of the date of this legal publication.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 08-CI-00973

PHH MORTGAGE CORPORATION, PLAINTIFF VS. FRANK G. ROOKSTOOL, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 5, 2012, 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, May 14, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Frank G. Rookstool, plus costs, is as follows:

(1) The principal sum of $165,360.56, plus interest on the principal sum at the rate of 7.00000% from the date referenced in the Account Status Affidavit, 10/21/2011, until paid, plus additional fees, costs and expenses in accordance with the terms of the Note and Mortgage, including advances in payment of ad valorem taxes, insurance premiums, assessments, winterization, and preservation of the Real Property.

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

Said property address is:  2880 Bacon Creek Road, Corbin, KY 40701.

PIDN: 103-00-00-087.00

Tract 1: A certain tract or parcel of land lying in the Community of Corbin, Whitley County, Kentucky, and being all of Tract II and a portion of Tract I of the same tracts of land conveyed to Lawrence & Bessie K. Skeen by deed dated March 17th, 1989, and recorded in Deed Book 333, Page 064, records of the Whitley County Court Clerk`s Office, and more particularly described as follows:

Beginning on a set iron pin and cap in the northern edge of Bacon Creek Road (20 feet from approximate centerline), said pin being located approximately 430 feet northeast of the intersections of Bacon Creek Road and Corinth Church Road and in the western edge of an old abandoned county road; thence leaving Bacon Creek Road N. 01-01-41 E., 19231 feet to a set iron pin and cap in a line common to Corinth Baptist Church (Deed Book 61, Page 132); thence leaving line common to said church and with 2 new division lines severing the parent tract N. 89-4-32 E., 479.40 feet to a set iron pin and cap; thence S. 44-51-39 W., 433.09 feet to a set iron pin and cap in the northern edge of Bacon Creek Road (20 feet from approximate centerline); thence with the northern edge of said road N. 50-39-55 W., 124.62 feet to a point; thence N. 55-07-21 W., 27.23 feet to a point; thence N. 67-04-08 E., 32.76 feet to a point; thence n. 79-36-14 W., 28.92 feet to the point of beginning, containing 2.03 acres by survey conducted in February and March 2005, 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” bye 18: iron pin with orange plastic cap stamped H&R PLS #3358. All bearings given hearin are referred to the magnetic meridian as obtained from a plat of Cottonwood Estates (Plat Book 4, Page 237) and observed along the southwest boundary of same.

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%.  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 of the Real Property and if the Plaintiff’s bid is less than its lien adjudged herein, then, and in that event, they may take a credit upon its judgment, 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 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 25th day of April, 2012.

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT

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. 09-CI-00658

CHASE HOME FINANCE LLC, PLAINTIFF VS. ASHLEY BRYANT FREDERICK ROBERTSON, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 2, 2009, and subsequent Orders entered on August 2, 2010 and March 5, 2012, 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, May 14, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants Ashley Bryant and Frederick Robertson, plus costs, is as follows:

(1) The principal sum in the amount of $58,258.41, plus interest from April 1, 2009, in the amount of $4,432.48, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,453.12, plus late charges in the amount of $202.08, plus attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $65,446.10.

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

A certain tract or parcel of land lying in Whitley County, Kentucky, on Highway 25W, and being bounded and described as follows:

TRACT NO. 1: BEGINNING at a stone at the edge of Highway 25W, which is 18 feet from Gant’s line; thence S 65 W, 157 feet to a stone; thence S 30 E, 166 feet to a stone in Bryant’s line; thence N 65 E 183 feet with Bryant’s line to the highway; thence with the highway, N 40 W, 168 feet to the point of beginning.

There is also granted the right to use the roadway about 16 feet in width which is located between this lot and the Gant property, that is, the said road is to be kept open at all time for the use of this property and the property of grantors that is at the back of this.

TRACT NO. 2: BEGINNING at Bryant’s corner at Highway 25W; thence N 40 W to a steel rod 93 2 feet, a corner; thence S 25 W 84 feet to interstate highway (more or less); thence S 30 E, 78 feet to a stone at Bryant’s line; thence N 65 E with Bryant’s line to the highway, 86 feet to the beginning.

Being the same property conveyed to Ashley Bryant and Frederick Robertson from Julie Chapman, a single person, on January 20, 2006 and recorded on January 25, 2006 in Deed Book 466, Page 576 of the records of the Whitley County Clerk’s Office.

Said property address is: 2259 US Highway 25 West, Williamsburg, Kentucky 40769. 

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 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%.  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, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and  costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, 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 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 25th day of April, 2012.

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT

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-00732

Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP, PLAINTIFF, VS. Edward R. Ely a.k.a Edward Ely; Melissa Whitaker a.k.a Melissa Ely; Unknown Spouse (if any) of Edward R. Ely a.k.a Edward Ely; Unknown Spouse (if any) of Melissa Whitaker a.k.a Melissa Ely, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 5, 2012, 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, May 14, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Edward R. Ely a.k.a Edward Ely; Melissa Whitaker a.k.a Melissa Ely, plus costs, is as follows:

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