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 22nd day of May, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701

TELEPHONE: (606) 528-0616

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 11-CI-00239

FSGBANK, N.A. and KENESAW LEASING, INC., PLAINTIFF, VS. Charles E. McCullah, Gail McCullah, a/k/a Ina Gail McCullah; Emlyn Coal Processing, Inc; Best Transit, Inc.; Whitley County, Kentucky;  City of Williamsburg, Kentucky; Commonwealth of Kentucky Dept of Revenue; Commonwealth of Kentucky Div of Unemployment Ins.; United States of America Internal Revenue Service; Delta Natural Gas Company, Inc; Williamsburg National Bank n/k/a Forcht Bank, N.A., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on April 9, 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, June 11, 2012 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Charles E. McCullah and Gail McCullah a/ka Ina Gail McCullah, plus costs, is as follows:

(1) The sum of $1,030,729.98, plus court costs, in the matter styled FSGBank N.A. and Kenesaw Leasing, Inc. v. Charles McCullah and Gail McCullah, Chancery Court for Knox County, Tennessee, Docket #178288-3 (the “Judgment”), plus accrued interest from December 20, 2011 through January 30, 2012 in the amount of Ten Percent (10%) per annum, plus interest which has continued to accrue on the Registered Judgment since January 30, 2012 in the amount of Twelve Percent (12%) per annum, and will continue accruing at Twelve Percent (12%) per annum until paid in full, plus a reasonable attorney’s fee through February 29, 2012 in the sum of $42,504.90, plus the future costs of this action and any supplemental costs.

Property Address: Hwy 25, Williamsburg, KY 40769 (Parcels 1,2)

Property Address: 1529 E. Hwy 904, Williamsburg, KY 40769 (Parcels 3, 4, 5, 6, 7)

LOCATED AND LYING IN WHITLEY COUNTY, KENTUCKY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:

PARCEL 1:

Being the same property conveyed to Charles E. McCullah and wife, Ina G. McCullah from Sunshine Valley LLC, a Kentucky Limited Liability Company, by Warranty Deed dated September 25, 2000, and recorded in the Whitley County Clerk’s Office in Deed Book 422, page 99, more particularly described as follows:

BEGINNING at a point in the centerline of the concrete headwall on the easterly end of a concrete box culvert running under US-25W near the intersection of Rains Street and US-25W and running thence N 29 15’ 42” E 53.47 feet in an existing iron pin in the easterly right-of-way line of US-25W, the point of beginning of the boundary herein described; thence leaving said point of beginning and running with the easterly right-of-way of US-25W N 10 49’ 26” E 1133.77 feet to a survey marker; thence continuing with the same N 06 47’ 23” E 117.89 feet to a survey marker in the said right-of-way of the southeasterly corner of the Daniel McCullah tract; thence leaving said right-of-way and running with the southerly line of the McCullah tract the following calls: S 73 18’ 56” E 114.08 feet to a set stone; thence S 56 32’ 46” E 103.46 feet to an existing iron pin; thence S 80 42’ 51” E 412.88 feet to a survey marker near the southerly line of KY-856; thence along the southerly line of KY-856 the following calls: S 70 7’ 36” E 147.74 feet to an existing iron pin; thence S 67 55’ 26” E 136.67 feet to a survey marker at the northwesterly corner of the Joe M. Snyder tract; thence with the Snyder tract the following calls: S 17 12’ 04” E 78.02 feet to a survey marker; thence S 08 34’ 59” W 206.10 feet to a survey marker; thence S 06.49’ 30” E 160.45 feet to an existing iron pin; thence S 21 51’ 02” E 218.29 feet to a survey marker; thence S 38 17’ 17” E 349.34 feet to a survey marker; thence S 06 59’ 36” E 298.04 feet to a survey marker near the westerly line of KY-856; thence S 06 57’ 23” W 170.78 feet to a survey marker; thence S 24 51’ 10” E 299.10 feet to a 14” sweet gum in the westerly line of KY-856 at the northeasterly corner of the Jack Smith tract, with survey marker set as witness corners bearing N 24 51’ 10” W 5.00 feet and N 72 31’ 55” W 5.00 feet from said corner; thence running with the Jack Smith line, the Judith A. Kirk line, the Patrick Conlin line, the Richard K. Brashear line, the Dennis Teague line, the Deborah A. Foley line, and Freddie Powers line, N 72 31’ 55” W 990.00 feet to a survey marker in the Powers line; thence continuing with the Powers line and the Robert R. Moses line N 78 34’ 29” W 300.38 feet to a 36” marked black gum at the New Zion Baptist Church northeasterly corner, with survey markers set as a witness corners bearing S 78 46’ 22” E 4.00 feet and N 43 36’ 04” W 4.00 feet from said corner; thence leaving the Robert Moses line and running with the northerly line of the New Zion Baptist Church line N 43 36’ 04” W 349.58 feet to a 16” Sycamore marked as a corner; thence continuing with said church line N 48 51’ 01” W 20.83 feet to an existing iron pin; thence continuing with the same N 11 02’ 55” E 45.28 feet to an existing iron pin; thence N 79 36’ 26” W 59.97 feet to the point of beginning containing a calculated area of 40.526 acres, more or less, as per survey and plat dated August 14, 1999, by Gary R. Owens, P.L.S., Kentucky Registration Number 2681.

EXCEPTION: There is excepted from the above described boundary and not contained herein, all of the same land conveyed to the United States Postal Service by deed from Alvin D. Sharpe and wife, JuAnita Sharpe, dated August 24, 1999, and recorded in Deed Book 411, page 545-548, Whitley County Court Clerk’s Office to which deed reference is made for a more complete description of the property.

LESS AND EXCEPT FROM THE PARENT TRACT THE FOLLOWING TRACT OR PARCEL (See Partial Release of Mortgage recorded on October 24, 2005 in the Whitley County Clerk’s Office in Miscellaneous Records Book 138, at page 614), more particularly described as follows:

BEGINNING on a set iron pin and cap in the eastern edge of KY Highway 25W (40 feet from approximate centerline), said pin being located N 10-55-55 E 122.00 feet from the southwest corner of the parent tract (a found ½” iron pin with yellow plastic cap stamped PLS #2753, said pin being the northwest corner of the United States Post Office, DB 411, PG 545), said pin also being located approximately ½ mile southeast of the intersection of KY Highway 25W and KY Highway 26, thence with the eastern edge of KY Highway 25W (40 feet from and parallel to approximate centerline) N 10-55-54 E 125.01 feet to a set iron pin and cap in the southern edge of a 40’ wide proposed road, thence leaving said highway and with a new division line severing the parent tract and running along the southern edge of a 40’ wide proposed road S 79-03-50 E 350.02 feet to a set iron pin and cap, thence leaving said 40’ wide road and continuing with 2 new division lines severing the parent tract S 10-55-54 W 125.00 feet to a set iron pin and cap, thence N 79-03-52 W 350.02 feet to the point of beginning, containing 1.00 acres by survey conducted on February 4, 2004, by Richard A. Reece, PLS #3358 with H&R Surveying.

It is also understood and agreed that the Grantors herein retaining a 20’ wide easement along the Western boundary of the above-described tract for the purpose of ingress and egress to their remaining lands.

Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set ½” by 18” iron pin with orange plastic cap stamped H&R PLS #3358.  All bearings given herein are referenced to the magnetic meridian as obtained from adjoining record source (DB 411 PG 545) and observed between 2 found iron pins along the northern boundary of same.

Being a portion of the property conveyed to Charles E. and Ina G. McCullah by deed dated September 25, 2000, and recorded in Deed Book 422, page 99, records of the Whitley County Court Clerk’s Office.

LESS AND EXCEPT FROM THE PARENT TRACT THE FOLLOWING TRACT OR PARCEL (See Partial Release of Mortgage recorded on January 9, 2006 in the Whitley County Clerk’s Office in Miscellaneous Records Book 139, at page 570), more particularly described as follows:

BEGINNING on a set iron pin and cap in the eastern edge of KY Highway 25W (40 feet from approximate centerline), said pin being located N 10-55-55 E 162.00 feet from the southwest corner of the parent tract (a found ½” iron pin with yellow plastic cap stamped PLS #2753, said pin also being located approximately ½ mile southeast of the intersection of Ky. Highway 25W and Ky. Highway 26, thence with the eastern edge of Ky. Highway 25W (40 feet from and parallel to approximate centerline) N 11-05-31 E 388.94 feet to a found ½” iron pin with yellow plastic cap stamped G. Owens PLS# 2681, thence N 08-09-26 E 117.54 feet to a found 1/2” iron pin with yellow plastic cap stamped G. Owens PLS# 2681, a corner common to (now or formerly) Daniel McCullah (DB 411 Pg. 545), thence with two calls common to said McCullah S 73-10-04 E 111.60 feet to a found stone, thence S 56-23-06 E 103.51 feet to a found 1/2” iron pin with yellow plastic cap stamped G. Owens PLS# 2681, thence leaving line common to said McCullah and with 2 new division lines severing the parent tract S 08-02-00 W 455.54 feet to a set iron pin and cap in the northern edge of a proposed 40’ wide road, thence along northern edge of said road N 79-03-59 W 224.94 feet to the point of beginning, containing 2.38 acres by survey conducted on February 4, 2004 by Richard A. Reece, PLS# 3358 with H&R Surveying.

It is also understood and agreed that the Grantors herein retain a 40’ wide easement near the northern boundary of the above described tract for the purpose of installing and maintaining a gas line.

Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set 5/8” by 18” iron pin with orange plastic cap stamped H&R PLS #3358.  All bearings given herein are referenced to the magnetic meridian as obtained from adjoining record source (DB 411 PG 545) and observed between 2 found iron pins along the northern boundary of same.

Being a part of the same property conveyed to Charles E. and wife, Ina G. McCullah by deed from Sunshine Valley LLC, a Kentucky limited liability company, dated September 25, 2000, and duly recorded in Deed Book 422, Page 99 of the Whitley County Court Clerk’s Office.

PARCEL 2:

Being the same property conveyed to Charles E. McCullah and wife, Gail McCullah from Louann Philpot, et al, by Warranty Deed dated April 5, 2001, and recorded in the Whitley County Clerk’s Office in Deed Book 452, page 214, more particularly described as follows:

Being a 94.74 acre tract as originally recorded in Deed Book 260, Page 117 in the Whitley County Court Clerks office, and more particularly described as follows:

Unless stated otherwise, any monument referred to herein as a “pin and cap” is a set 1/2” diameter steel rebar, eighteen inches (18”) in length, with a yellow plastic cap stamped “Ledington PLS-3192”.  All bearings stated herein are based on record source, D. B. 260, Pg. 117.

Beginning at a 20” Poplar (corner to Edwin Jasper, D. B. 223, Pg. 165) found marked with red paint and marked this survey with 3 orange stripes, said tree being the point of curvature of a non-tangent curve, concave to the northwest, having a radius of 679.00 ft. a central angle of 14° 22’ 53”, and a chord of 169.98 ft. bearing N 42° 43’ 54” E; thence northeasterly along said curve and with the fence along Edwin Jasper Road, a distance of 170.43 ft. to a pin & cap; thence with same N 31° 43’ 29” E, a distance of 132.83 ft. to a pin & cap; thence with same N 32° 31’ 51” E, a distance of 67.73 ft. to a pin & cap; thence with same N 34° 04’ 55” E, a distance of 225.86 ft. to a pin & cap; thence with same N 32° 40’ 19” E, a distance of 114.96 ft. to a pin & cap; thence with same N 34° 27’ 40” E, a distance of 123.69 ft. to a pin & cap adjacent to the intersection of said road with Tidal Wave Road; thence with the fence along Tidal Wave Road N 37° 47’ 30” E, a distance of 33.73 ft. to a pin & cap; thence with same N 64° 44’ 39” E, a distance of 134.48 ft. to a pin & cap, the point of curvature of a non-tangent curve, concave to the south, having a radius o 352.00 ft. a central angle of 17° 26’ 58”, and a chord of 106.79 ft. bearing N 73° 07’ 25” E; thence northeasterly with same along said curve, a distance of 107.20 ft. to a pin & cap; thence with same S 89° 16’ 36” E, a distance of 130.76 ft. to a pin & cap, the point of curvature of a non- tangent curve, concave to the south, having a radius of 170.00 ft. a central angle of 32° 13’ 24’’, and a chord of 94.35 ft. bearing S 85° 41’ 53” E; thence easterly with same along said curve, a distance of 95.61 ft. to a pin & cap; thence with same S 64° 09’ 52” E, a distance of 82.68 ft to a pin & cap, the point curvature of a non-tangent curve, concave to the northeast, having a radius of 400.00 ft. a central angle of 18° 04’ 08”, and a chord of 125.62 ft. bearing S 67 ° 08’ 06” E; thence southeasterly with same along said curve, a distance of 126.14 ft. to a pin & cap; thence with same S 74° 37’ 50” E, a distance of 248.53 ft. to a pin & cap; thence with same S 76° 48’ 02” E, a distance of 219.59 ft. to a pin & cap; thence with same S 83° 05’ 59” E, a distance of 294.31 ft to a pin & cap; thence with same N 89° 36’ 50” E, a distance of 94.06 ft. to a pin & cap; thence with same N 79° 45’ 05” E, a distance of 97.55 ft. to a pin & cap, the point of curvature of a non-tangent curve, concave to the south, having a radius of 179.00 ft. a central angle of 37° 08’ 21”, and a chord of 114.01 ft. bearing S 85° 23’ 16” E; thence easterly with same along said curve, a distance of 116.03 ft to a pin & cap; thence with same S 67° 57’ 47” E, a distance of 147.55 ft. to a pin & cap; thence with same S 65° 18’ 19” E, a distance of 91.41 ft. to a pin & cap; thence with same S 61° 40’ 53” E, a distance of 101.96 ft. to a pin & cap; thence with same S 64° 40’ 55” E, a distance of 147.41 ft. to a pin & cap in the line of Bethlehem Church, D. B. 17, Pg. 507; thence leaving said road but still with the fence and said Church line S 16° 56’ 51” W, a distance of 167.86 ft. to a 36” White Oak marked with 3 hacks, corner to said Church; thence with same S 62° 05’ 35” E, a distance of 208.07 ft. to a 12” Wild Cherry marked with 3 hacks; thence with same N 20° 14’ 26” E, a distance of 150.50 ft. to a pin & cap marked “H&R PLS# 3358”; thence leaving said Church property and continuing with the fence along Tidal Wave Road S 52° 57’ 38” E, a distance of 45.14 ft. to a pin & cap; thence with same S 56° 41’ 33” E, a distance of 149.09 ft. to a pin & cap; thence with same S 57° 42’ 39” E, a distance of 181.11 ft. to a pin & cap; thence with same S 57° 18’ 06” E, a distance of 104.49 ft. to a pin & cap, the point of curvature of a non-tangent curve, concave to the north, having a radius of 185.00 ft. a central angle of 29° 20’ 49”, and a chord of 93.72 ft. bearing S 77° 56’ 53” E; thence southeasterly leaving the fence but continuing along said road and along said curve, a distance of 94.76 ft. to a pin & cap; thence leaving said road and along the old Snyder line S 60° 00’ 00” E, a distance of 50.56 ft. to a pin & cap from which a 15” White Oak witness tree marked this survey with 3 orange stripes bears N 37° 19’ 46” E, a distance of 2.36 ft.; thence leaving said Snyder line and along a new agreed line with James W. Head, D. B, 352, Pg. 354 S 37° 19’ 46” W, a distance of 1826.51 ft. to a 22” White Oak found marked with red paint and marked this survey with 3 orange stripes, said tree being a corner to said Jasper; thence with said Jasper N 51° 55’ 16” W, a distance of 248.44 ft. to a 27” Red Oak found marked with red paint and marked this survey with 3 orange stripes; thence with same N 55° 37’ 38” W, a distance of 113.08 ft. to an 18” Black Gum found marked with red paint and marked this survey with 3 orange stripes; thence with same N 62° 32’ 00” W, a distance of 204.22 ft. to a Double Maple found marked with red paint and marked this survey with 3 orange stripes; thence with same N 53° 39’ 34” W, a distance of 348.65 ft. to a 27” White Oak found marked with red paint and marked this survey with 3 orange stripes; thence N 56° 10’ 06” W, a distance of 1802.64 ft. to the point of beginning; said described tract containing 94.74 Acres, more or less, according to a survey by John Ledington, PLS #3192, on May 19. 2000.

PARCEL 3:

Being the same property conveyed to Charles McCullah and wife, Gail McCullah from Edgar E. Marsee and wife, Lois M. Marsee, by Warranty Deed dated June 5, 1982, and recorded in the Whitley County Clerk’s Office in Deed Book 294, page 513-514, more particularly described as follows:

BEGINNING at a concrete maker beside a plastic pipe at the edge of a strip job road which leads to Kentucky Highway 904 at the existing line of McCullah and Marsee and running in a Southeasterly direction 1120 feet to a concrete marker at the gap of the ridge in the line of Hubert Tye; thence running in a Northeasterly direction with the line of Tye 740 feet to a large maple at the side of the old log road; thence running in a Northerly direction with the line of Ray West 446 feet to a concrete marker at the county road at a large oak, corner of West and McCullah; thence running in a Western direction with the existing line of McCullah 150 feet with the road to a large rock and a maple; thus continuing with the existing line of McCullah in a Southwesterly direction 756 feet to a concrete marker; thus continuing with the existing line of McCullah in a Southwesterly direction 520 feet to the beginning.

PARCEL 4:

Being the same property conveyed to Charles McCullah and wife, Gail McCullah from Edgar E. Marsee and wife, Lois M. Marsee, by Warranty Deed dated June 29, 1976, and recorded in the Whitley County Clerk’s Office in Deed Book 261, page 369-370, more particularly described as follows:

BEGINNING on a stone at edge of county road, a corner of Charles Murphy, about 1500 feet east from HWY #904; thence with said road to an oak on top of mountain; thence north with a painted line to an iron stake at spur of ridge; thence westward with the old T.R. Siler line to a corner of Howard Partin and Ray Grillin; thence south with the Partin line to Murphy line, the BEGINNING corner.

PARCEL 5:

Being the same property conveyed to Charles McCullah and wife, Ina Gayle McCullah from Raymond L. Marsee and wife, Sheryl Marsee, by Warranty Deed dated January 23, 1982, and recorded in the Whitley County Clerk’s Office in Deed Book 292, page 408-409, more particularly described as follows:

BEGINNING on a set concrete marker on the bank of a branch; thence northeasterly 110 ft. to a concrete marker at the edge of the county road; thence with the old county road easterly 983 feet to a large painted stone; thence southwesterly 750 feet along the branch to a set concrete marker; thence northwest 705 feet back to the BEGINNING.

PARCEL 6:

Being the same property conveyed to Charles McCullah and wife, Gail McCullah from Howard Partin and wife, Faye Partin, by Warranty Deed dated April 19, 1977, and recorded in the Whitley County Clerk’s Office in Deed Book 266, page 433-434, and bounded and described as follows:

BEGINNING at a stake at the edge of right of way for Hwy. No. 9 and being southwest corner of J. R. Siler’s farm; thence with his line S 34.5 E 484 feet to a small sweet gum, Oda Richardson corner; thence leaving J.R. Siler line and with Oda Richardson line S 42 ¾ W 216 ½ feet to a stone; thence S 30 W 442 feet to an iron stake in Oda Richardson line; thence leaving the Richardson line with a conditional line N 60 ½ W 214 feet to a black oak; thence N 54 W 191 feet to a beech thence N 51 W 89 feet to an elm; thence N 74 W 188 feet to a maple; thence N 53 ½ W 138 feet to a sycamore; thence N 43 W 149 feet to a beech; thence N 22 W 56 feet to a small sycamore; thence N 22 W 10 ½ feet to a stake at highway No. 9; thence with highway right of way 1047 feet to the BEGINNING, when reduced to a straight line N 69 E.

EXCEPTION: Excepted herefrom is a tract heretofore sold to the same parties by these grantors, by deed dated July 12 1976, Deed Book 262, page 207-208.

EXCEPTION: There is excepted herefrom a tract heretofore sold to Charles Murphy consisting of about 1.5 acres, being a strip of land on the west side about 105 feet wide and running the length of the property.

EXCEPTION:  There is also excepted from the above described tract of land that portion conveyed from Rose and Speed Hamlin to Kenneth and Mildred Rains by deed dated October 28, 1968, which is recorded in Deed Book 228, at page 39.

PARCEL 7:

Being the same property conveyed to Charles McCullah and wife, Gail McCullah from Howard Partin and wife, Faye Partin, by Warranty Deed dated July 12, 1976, and recorded in the Whitley County Clerk’s Office in Deed Book 262, page 207-208, and bounded and described as follows:

BEGINNING on an iron stake in the Marsee line; thence northeast 350 feet to an iron stake; thence eastward 250 feet with the road to an iron stake in bank of road; thence southeast 365 feet to an iron stake in the Marsee line; thence west with said Marsee line 340 feet to the BEGINNING.

ALSO: Grantors sell and convey with this instrument an easement over their land leading from Gatliff road, (HWY 904), to this property as same is now located, being 30 feet wide.

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 ninety (90) 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 amount against the purchase price, and shall only be required to pay court costs, and all unpaid county property taxes due and owing, and the fees and costs of the Master Commissioner, 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 22nd day of May, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701

TELEPHONE: (606) 528-0616

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00876

GREEN TREE SERVICING, LLC SUCCESSOR SERVICER TO GREENPOINT CREDIT, CORP, PLAINTIFF VS. EDWARD C. BRAY; LINDA A. BRAY; and W.D. BRYANT AND SON DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 9, 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, June 11, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Edward C. Bray and Linda A. Bray, plus costs, is as follows:

(1) The principal sum of $41,061.72 as of March 7, 2012, with interest pursuant to the contract, plus all secured finance charges, reasonable attorney’s fee of $750.00 and its costs herein expended.  

(2) There is included with the real property a 1999 Homes of Legend, 16 x 80 Mobile Home.

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

Property Address: 7408 West Highway 92, Williamsburg, KY 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 percent (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 of the Real Property and if the Plaintiff’s bid is less than its lien adjudged herein, then, 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. Assessment