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Legal Notices for 6/6/12, page 2


 


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. 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.

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-00724

FLAGSTAR BANK, FSB, PLAINTIFF, VS. APRIL PENNINGTON; JAMES GREGORY PENNINGTON AKA JAMES G. PENNINGTON AKA JAMES PENNINGTON, 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, April Pennington, and James Gregory Pennington aka James G. Pennington aka James Pennington, plus costs, is as follows:

(1) The principal sum of $79,955.53, plus interest on the principal sum at the rate of 7.37500% from the date referenced in the Account Status Affidavit, 02/17/2012, 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:

Property Address: 2257 Highway 1481, Williamsburg, KY 40769.

A certain tract or parcel of land lying in Whitley County, Kentucky, located on the South side of Kentucky State Highway 1481 - Piney Grove Road (asphalt surface), on the East side of a 40 foot road and on the West side of a 40 foot road, said tract or parcel of land being Parcel No. 1 of The Piney Grove Estates and is a part of the land conveyed to Connie R. Wilson, single, and John Wilson Jr., single, from Donald Brooks and his wife, Sheila Brooks as recorded in Deed Book 477, Page 161, lodged for record May 18, 2007 of which is of record at the Whitley County Court Clerk`s Office, located in Williamsburg, Kentucky and is more particularly described as follows:

Beginning at a (set) survey marker located at the intersection of Kentucky State Highway 1481 - Piney Grove Road (asphalt surface) and a 40 foot roadway; thence leaving the East side of said 40 foot roadway and with the South side of said Kentucky Highway 1481 N 79° 46` 16” E, 166.14 feet to a found survey marker (disturbed) identification cap removed, a corner to the parent tract, said survey marker being on the West side of a 40 foot roadway; thence leaving said Kentucky Highway 1481 and with the West side of said 40 foot roadway S 11° 15` 15” W, 130.87 feet to a (set) survey marker on the West side of a 40 foot road, a corner common Parcel No. 3 of The Piney Grove Estates: thence having said 40 foot roadway severing the parent tract with the line of said Parcel No. 3 S 84° 52` 49” W, 166.96 feet to a (set) survey marker, located on the East side of said 40 foot roadway, a corner common to said Parcel No. 3; thence leaving the line of said Parcel No. 3 and with the East side of said 40 foot roadway N 13° 59` 24” E, 117.23 feet to the beginning, containing 0.4445 acre.

All (set) survey markers are 1/2` x 18” rebars with a plastic cap stamped “H.S. 3301”.

All bearings in the above description were reinforced to a plat and survey by Bobby B. Anderson, P.L.S. 3377 titled “Plat of Survey for Don & Sheila Brooks”, dated April 22, 2005.

Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence.

Being the same property conveyed from Connie R. Wilson, a single person, and John Wilson, Jr., a single person, to James Pennington and April Pennington, husband and wife, by virtue of a deed dated 10/10/2007 and recorded 10/15/2007 at Deed Book 479, Page 764 of the Whitley County, Kentucky real estate records.

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 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-00655

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, PLAINTIFF, VS. SEAN WILSON; KIM WILSON, 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, Sean Wilson and Kim Wilson, plus costs, is as follows:

(1) The principal sum in the amount of $94,681.94, plus interest from March 1, 2011, in the amount of $4,760.53, plus pre-acceleration late charges in the amount of $67.80, total escrow in the amount of $1,220.60, property preservation in the amount of $14.00, and property inspections in the amount of $130.00, for a total in the amount of $100,874.87, together with interest at the rate of 5.7500 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,350.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 408 West Gordon Street, Corbin, Kentucky 40701.

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

Beginning at a tack set in sidewalk on the north side of Gordon Street common to the Jones parcels; thence N. 02 degrees 43 E. 171.12 feet to a concrete monument common to the Jones and Elliot parcel; thence N. 79 degrees 00’ E. 66.50 feet to an iron pin common to the Elliot Bundy Parcel; thence S 07 degrees 50 E. 137.11 feet to a stake located on the North side of Gordon Street common to the Bundy parcel; thence with Gordon Street S. 63 degrees 15’ W. 103.00 feet to the place of beginning containing 0.288 acres more or less.

The above described property is a re-surveyed description by Ten Hensley, Land Surveyor.

Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence.

Being the same property conveyed to Sean Wilson, a married man, from Josh Vigeant and Beth Vigeant, husband and wife, on July 2, 2009 and recorded on July 7, 2009 in Deed Book 490, Page 697 of the 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 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 inter