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Legal Notices for 6/6/12, page 3


 

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 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. 09-CI-00593

TAX EASE LIEN INVESTMENTS 1, LLC,  PLAINTIFF, VS. UNKNOWN HEIARS OF KEVIN SMITH; JAMOS FUND I, LP; US BANK AS CUSTODIAN FOR SASS MUNI V DTR; and WHITLEY COUNTY, KENTUCKY, 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 Defendant, Kevin Smith, plus costs, is as follows:

(1) The principal sum in the amount of $949.54, plus accrued interest in the amount of $128.32 through April 2012, plus accrued interest from April 2012 until paid, actual and reasonable attorney fees expended herein in the amount of $1,700.00, court costs and filing fees expended in the amount of $727.84, and the costs of sale to be expended herein.

The property to be sold is as follows:

Property Address: 940 Barton Mill Cutoff Road, Corbin, Kentucky 40701;

Map ID Number 101-00-00-090.00;

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

Beginning on a stone at the county road, running west with the old mill 236 feet to a wild cherry; thence southward 55 feet to a stone; thence up Parks Branch as it meanders 161 feet to a stone at the mouth of little branch; thence with the meanders of little branch 131 feet to the Beginning.

Being the same property conveyed to Kevin Smith, single, by deed dated July 17, 2003, of record in Deed Book 450, page 706, in 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.

1. 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, it shall be entitled to a credit of 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, and in that event, no payment shall be required and no bond shall be executed by them.

2. 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 year 2011 and 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-00974

TAMMAC HOLDINGS CORPORATION, PLAINTIFF,  VS. LONNIE R. SMITH a/k/a LONNIE SMITH; THE UNKNOWN SPOUSE, IF ANY, OF LONNIE R. SMITH a/k/a LONNIE SMITH; DEBRA SUE POORE a/k/a DEBRA S. POORE a/k/a DEBORAH S. POORE a/k/a DEBORAH POORE; THE UNKNOWN SPOUSE, IF ANY, OF DEBRA SUE POORE a/k/a DEBRA S. POORE a/k/a DEBORAH S. POORE a/k/a DEBORAH POORE; CREDITONE, LLC; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON BEHALF OF SECRETARY OF REVENUE,  DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 19, 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, Lonnie R. Smith a/k/a Lonnie Smith and Debra Sue Poore a/k/a Debra S. Poore a/k/a Deborah S. Poore a/k/a Deborah Poore, plus costs, is as follows:

(1) The principal sum in the amount of $72,588.30, together with accrued interest thereon at the Note rate of 7.50% starting from January 26, 2011 until fully paid; for forced placed insurance charges currently in the amount of $1,713.81; for any accrued interest; for any late charges currently totaling $371.00; for any other charges which have accrued, and for its costs herein expended, including its attorney fees presently of $1,100.00.

(2) There is a 2007 Kabco 58’ x 28’ mobile home/manufactured home VIN: KB011973AB07 included with the real property

The property to be sold is as follows: Located in Whitley County, Kentucky:

Property Address is: 817 Rosetown Church Road, Corbin, Kentucky 40701.

Beginning on a point in the center of Bark Camp Creek said point being witnessed by a set iron pin and cap bearing N 31-46-06 W 12.91 feet away, said point also being located S 47-15-29 W 72.92 feet from a found X chiseled in solid rock in the center of Bark Camp Creek (the northeast corner of the parent tract), said point also being located approximately 0.20 miles northeast of the intersection of Rosetown Church Road and Devil’s Creek Road, thence with the centerline of Bark Camp Creek S 50-52-22 W 106.13 feet to a point in the center of said creek witnessed by a set iron pin and cap bearing N 44-20-39 W 9.59 feet away, thence leaving said creek and with 4 new division lines severing the parent tract N 44-20-39 W 117.54 feet to a set iron pin and cap a corner common to Donald Bryant (DB 382, Pg 372) thence with line common to said Donald Bryant N 02-30-29 W 45.93 feet to a set iron pin and cap, thence leaving line common to said Donald Bryant and continuing with said division lines N 75-18-16 E 113.39 feet to a set iron pin and cap, thence S 31-46-06 E. 107.90 feet to the point of Beginning, containing 0.36 acre by survey conducted on February 5, 1999 by Richard A. Reece, PLS #3358 with H&R Surveying, Rt. 1, Box 240, Gray, Kentucky 40734.

Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set ½” by 18” iron pin with red plastic cap stamped H&R PLS #3358. All bearing given herein are referenced to the magnetic meridian as obtained from adjoining deed source (Donald Bryant, DB 382, PG 373) and observed along the Western Boundary of said tract.

Being the same property conveyed to Debra Sue Poore, a single person, and Lonnie R. Smith, a single person, by Deed dated December 8, 2006, being of record in Deed Book 474, Page 36, in the Office of the Clerk of Whitley County, Kentucky.

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 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, it shall not be required to make down payment 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. 09-CI-00379

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF, VS. WARREN BOWERY; TAMMY BOWERY; MORTGAGE LENDES NETWORK USA, INC; HSBC BANK USA, NA; US BANK CUSTODIAN SASS MUNI V DTR; and WHITLEY COUNTY, KENTUCKY, 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, Warren Bowery and Tammy Bowery, plus costs, is as follows:

(1) The principal sum in the amount of $2,119.47, plus accrued interest in the amount of $351.05 through April 2012, plus accrued interest from April 2012 until paid, actual and reasonable attorney fees expended herein in the amount of $1,700.00, court costs and filing fees expended in the amount of $870.72, and the costs of sale to be expended herein.

The property to be sold is as follows:

Property Address: 846 Bear Hollow Rd., Rockholds, KY 40759;

Map ID Number 124-00-00-022.00;

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

BEGINNING on an iron pin in the edge of right-of-way of the Bear Hollow Road at the corner common to Oscar and Lisa Messer and running with the line of Oscar and Lisa Messer N 47 41’28” W, 190.96 feet to an iron pin; thence running N 36 39’14” E, 213.57 feet to an iron pin; thence running S 36 05’ 42” E, 67.88 feet to an iron pin; thence S 66 06’ 04” E, 144.16 feet to an iron pin in the edge of right-of way of the Bear Hollow Road; thence S 57 00’ 44” W, 218.07 feet to the beginning.

Being the same property conveyed to Warren Bowery and Tammy Bowery, by deed dated October 9, 1996, of record in deed Book 388, page 559, in 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.

1. 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, it shall be entitled to a credit of 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, and in that event, no payment shall be required and no bond shall be executed by them.

2. 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. 12-CI-00173

WHITAKER BANK CORP, PLAINTIFFS VS. V-B, L.L.C.; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVNUE; CITY OF CORBIN, KENTUCKY; and WHITLEY COUNTY, KENTUCKY, 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 Defendant, V-B, L.L.C., plus costs, is as follows:

(1) Pursuant to Count I of the Plaintiff’s Complaint, principal sum in the amount of $1,864,200.24 as of March 29, 2012, plus interest at the rate of 6% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

(2) Pursuant to Count II of the Plaintiff’s Complaint, principal sum in the amount of $153,779.42 as of March 29, 2012, plus interest at the rate of 6% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

The property to be sold is as follows: Located in Whitley County, Kentucky:

PROPERTY ADDRESS: 1891 Cumberland Falls Highway, Corbin, Kentucky 40701.

A certain tract or parcel of land lying and being approximately 360 feet south of U.S. Highway 25W, and approximately 600 feet east of the junction of U.S. Highway 25W and Interstate Highway 75, on the waters of Bacon Creek of Lynn Camp Creek, in the County of Whitley, State of Kentucky, and bounded and described as follows, to-wit:

BEGINNING at a ½” rebar set in the line of Impac Management, Inc., Deed Book 357, Page 364, Tract B, now or formerly, a corner to Mildred Buckner, Deed book 389, page 107, and from which a Kentucky concrete right of way monument bears N 13-52-46 E, 384.09 feet, thence leaving said Impac Management, Inc., and running with the line of said Mi