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 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

Thoroughbred Energy, LLC, mailing address 250 West Main Street, Suite 3030, Lexington, Kentucky 40507 hereby declares its intention to apply for a Retail Beer license no later than June 15, 2012. The business to be licensed will be located at 2540 Cumberland Falls Highway, Corbin, Kentucky 40701, doing business as a Corbin Falls Shell Food Mart. The members are as follows: Traxx Energy Company, 250 West Main Street, Suite 3030, Lexington, Kentucky 40507 with President William J. Hall and Thoroughbred Energy Investors, LLC 250 West Main Street, Suite 3030, Lexington, Kentucky 40507. Any person association corporation or body politic may protest the granting of the license by writing the Department of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, Kentucky 40601-8400 within 30 days of the date of this legal publication.

 

NOTICE:

Walgreen Co., mailing address 300 Wilmot Rd., MS 3301, Deerfield, IL 60015 hereby declares intention(s) to apply for a Retail Beer license no later than May 23, 2012. The business to be licensed will be located at 1802 S. Main St., Corbin, Kentucky 40701-2446 doing business as Walgreens #12110.

The Principal Officers are as follows: President & CEO, Gregory Wasson of 1274 RFD Holly Court, Long Grove, IL 60047; President, Community Management, Mark A. Wagner of 1127 S. Ridge Rd., Lake Forest, IL 60045; Assistant Secretary, Michael D. Felish of 219 9th St., Wilmette, IL 60091.

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:

Walgreen Co., mailing address 300 Wilmot Rd., MS 3301, Deerfield, IL 60015 hereby declares intention(s) to apply for a Retail Beer license no later than May 23, 2012. The business to be licensed will be located at 990 E Cumberland Gap Pkwy., Corbin, Kentucky 40701-2574 doing business as Walgreens #12111.

The Principal Officers are as follows: President & CEO, Gregory Wasson of 1274 RFD Holly Court, Long Grove, IL 60047; President, Community Management, Mark A. Wagner of 1127 S. Ridge Rd., Lake Forest, IL 60045; Assistant Secretary, Michael D. Felish of 219 9th St., Wilmette, IL 60091.

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.

 

PUBLIC HEARING

Budget hearing regarding proposed use of County Road Aid, Municipal Road Aid and Local Government Economic Assistance Funds

A public hearing will be held by the Whitley County Fiscal Court at the courthouse on June 4, 2012 at 11:00 AM till 11:30 AM in the Fiscal Court Room on the 2nd Floor for the purpose of obtaining citizens comments regarding the possible uses of the County Road Aid (CRA) and Local Government Economic Assistance (LGEA) Funds. All interested persons in Whitley County are invited to the hearing to submit oral or written comments on possible uses of the CRA and LGEA Funds. Any person(s) who cannot submit comments, should call the Office of the County Judge Executive at (606) 549-6000 by June 4, 2012 so that arrangements can be made to secure their comments.

 

PUBLIC NOTICE

An emergency ordinance amending the Whitley County Budget for Fiscal Year 2011-2012, to include unanticipated receipts from Gen, Road, Jail, LGEA, Ambulance and Occupational Tax in the amount of $241,508.00 and increasing expenditures in the area of Gen, Road, Jail, LGEA, Ambulance and Occupational Tax in the amount of $241,508.00 was passed on its first reading 05/15/12. A copy of the Ordinance with full text is available for public inspection at the office of the County Judge Executive during normal business hours.

PAT WHITE, JR.

COUNTY JUDGE

EXECUTIVE

PUBLIC NOTICE

Akins Excavating Company, Inc., has been the low bidder on a sanitary sewer replacement project located in Williamsburg, KY. At this time we are looking for companies that are DBE, MBE, and or WBE certified to work with us in supplying or procuring materials for this project.  Should you or your firm be interested in working with us on this project, please contact us either by Fax at 606-528-9061, email at akinsexc@yahoo.com, or letter at 182 Busy Lane, Corbin, KY 40701.  If you choose to respond please provide a current phone number, fax number, and email address to better help us get in touch with you.

Terry Branson,  PROJECT MANAGER

 

NOTICE TO KEVIN LAWSON

To the above individuals, I have been appointed Warning Order Attorney to notify you of Civil Action No. 12-CI-00215, Forcht Bank v. Kevin Lawson, et al., Whitley Circuit Court.

You have fifty days from May 2, 2012 to file an answer or other pleadings in this case, or judgment may be taken against you.

DAVID O. SMITH

ATTORNEY AT LAW

PO BOX 699

CORBIN, KY 40702

606-528-5001

 

PUBLIC NOTICE:

Pursuant to 405 KAR 8:010, Section 16(5), the following is a summary of permitting decisions made by the Department for Natural Resources, Division of Mine Permits with respect to applications to conduct surface coal mining and reclamation operations in Whitley County. B&B ENERGY LLC, 9180424, 4/5/2012.

 

NOTICE:

Whiskey Dicks Spirits, LLC, mailing address 421 Engineer Street, Corbin, KY 40701 hereby declares intention(s) to apply for a Retail Liquor by the Package license and a Retail Beer license no later than May 9, 2012. The business to be licensed will be located at 1019 Cumberland Falls Highway, Corbin, Kentucky 40701 doing business as Whiskey Dicks Spirits, LLC.

The  owners are as follows: Owner, Olivier Gaspart of 421 Engineer Street, Corbin, KY 40701; owner, Melanie Rookard of 421 Engineer Street, 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.

 

SPECIAL MASTER COMMISSIONER’S SALE

IN ORDER TO COMPLY WITH THE ORDERS OF THE WHITLEY CIRCUIT COURT, I, BRANDON BAIRD, SPECIAL MASTER COMMISSIONER WILL SELL THE PROPERTY DESCRIBED IN THE FOLLOWING ACTION ON TUESDAY, JUNE, 5, 2012, AT OR ABOUT THE HOUR OF 3:30 P.M., AT OR NEAR THE FRONT DOOR OF THE WHITLEY COUNTY JUDICIAL CENTER, WILLIAMSBURG, KENTUCKY.

SALE NO. 1

Ag/Gro Fertilizer Company, Inc., Plaintiff, v. Everett Bargo, Martha Bargo, Everett Bargo d/b/a Bargo and Son Farm Mart, et al, Defendants, Whitley Circuit Court Civil Action No. 08-CI-988, Division II, to raise the principal amount of $22,607.43 together with interest, charges and costs. Said property is located in Whitley County, Kentucky, and described as follows: Beginning on a white oak a corner of Croley and Lawson and in the edge of Wolf Creek Road; thence with Lawson’s line N. 85 W. 38 poles to a stone; thence with same line N. 54 W. 27 1/2 poles to a stone, a corner in the edge of the road; thence S. 22 E. 68 poles to a double sycamore on the bank of Wolf Creek; thence crossing the creek S. 54 E. 2 poles to a beech; thence N. 57 E. 4 poles to a poplar and hor beam at Sam Beams corner; thence 76-64 W. 4 poles crossing the creek to a double sycamore on the north side of the creek; thence with Sam Beams line N. 40 E. 4 poles; thence same N. 81 E. 16 poles; thence N. 83 E. 6 poles; thence N. 89 E. 12 poles to a stake at the mouth of a ditch on the bank of the creek; thence S. 27 E. 38 poles and 13 links to the state Road; thence with said road to the Wolf Creek road to a white oak the beginning corner. Being the same property conveyed to Everett Bargo by deed from Sidney Bargo, Jr., unmarried, dated February 24, 1973, and recorded in Deed Book 243, Page(s) 463, Whitley County Clerk’s Office, containing 22 acres, more or less. For greater certainty reference is made to the above listed Whitley Circuit Court Action. Terms: Cash or its equivalent at time of sale or 10% of the purchaser price and produce good surety, balance to be paid within 30 days with interest. Plaintiff’s Attorney: Hon. Kim Frost, P.O. Box 72, Williamsburg, KY 40769.

IN ORDER TO ENSURE ACCEPTANCE OF SURETY, EACH BIDDER ANTICIPATING USING CREDIT IS ENCOURAGED TO SEEK PRE-APPROVAL BY THE MATER COMMISSIONER OF SUCH SURETY AT LEAST ONE DAY IN ADVANCE OF THE SALE OR OBTAIN AND FURNISH THE MASTER COMMISSIONER A LETTER OF CREDIT FROM A REPUTABLE AND SOLVENT LENDING INSTITUTION. SAID BOND SHALL BE FOR THE UNPAID PURCHASE PRICE AND BEAR INTEREST AT THE RATE OF TWELVE PERCENT (12%) PER ANNUM FROM THE DATE OF SALE UNTIL PAID. (B) RISK OF LOSS OF IMPROVEMENTS IS IMMEDIATE AND PASSES TO THE PURCHASER AT THE CONCLUSION OF THE SALE AND SHALL BE ON THE PURCHASER FROM DATE OF SALE. (C) 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. (D) THE PROPERTY SHALL OTHERWISE BE SOLD FREE AND CLEAR OF ANY RIGHT, TITLE AND INTEREST OF ALL PARTIES TO THE ACTION AND OF THEIR LIENS AND ENCUMBRANCES THEREON, EXCEPTING EASEMENTS AND RESTRICTIONS OF RECORD IN THE MCCREARY COUNTY COURT CLERK’S OFFICE AND SUCH RIGHT OF REDEMPTION AS MAY EXIST IN FAVOR OF THE UNITED STATES OF AMERICA OR THE DEFENDANT(S).

BRANDON BAIRD, SPECIAL MASTER COMMISSIONER

P.O. Box 97, WHITLEY CITY, KY; Phone: (606) 376-4529; Fax: (606) 376-1860

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 11-CI-00773

FIRST NATIONAL BANK AND TRUST, PLAINTIFF, VS. PAUL L. MASON and wife, CARRIE ENGLE MASON; ANGELINA LAINE LESTER (formerly ANGELINA LAINE MASON) and her husband, JASON RAY LESTER; MIDLAND FUNDNG, LLC; a foreign limited liability company; FIRST FINANCIAL CREDIT, INC., a Kentucky corporation; US BANK CUSTODIAN SASS MUNI V dtr, assumed named of SASS MUNI-V, LLC, a foreign limited liability company; TAX EASE LIEN INVESTMENTS 1, LLC; a Kentucky limited liability company; and WHITLEY COUNTY, KENTUCKY; 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, Paul L. Mason and against the property of Angelina Laine Mason, now Lester, plus costs, is as follows:

(1) The sum of $55,279.80 plus accrued interest of $2,675.51, and late charges of $1,387.30 and fees of $107.00 for a total balance of $59,449.61 as of August 10, 2011, with interest continuing to accrue on the unpaid principal at the current rate of 6.250% per annum, or at a daily rate of $9.4657, until paid in full, plus any late charges, advances for taxes, insurance, and it costs herein expended, including a reasonable attorney fee and for any other fees expended for services performed in connection with Defendants’ default and for the purposes of protecting its interest in the property and its rights under the Mortgage instrument. 

Property Address: 617 Watts Creek Road, Williamsburg, Kentucky.

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

TRACT 1: BEGINNING at a survey marker at the western right-of-way of the Old Cumberland Falls Road, said point being the southeast corner of the Gene White property; thence with the said right of way south 14 degrees 27 minutes east 63.71 feet to a point; thence still with the said right of way south 23 degrees 51 minutes east 118.66 feet to a survey marker at a corner of the Robert and Janice Miller farm; thence leaving the said right of way and with the said Robert and Janice Miller line south 62 degrees 39 minutes west 151.12 feet to a fence post; thence still with the Robert and Janice Miller line north 24 degrees 42 minutes west 248.95 feet to a survey marker in the aforementioned White property line; thence with the White line north 85 degrees 35 minutes east 174.90 feet to the beginning, containing 0.7677 acres, according to survey prepared by Robert R. Moses, Registered Land Surveyor #1960, on January 16, 1986, subject to all legal roads or highways, and easements of record or visually apparent from an examination of said premises.

There is excepted from the foregoing that portion consisting of 0.18 acres which was conveyed to Edward Steely Perkins and wife, Theresa M. Perkins from Virginia Bird by deed dated July 22, 1998, of record in Deed Book 402, Page 73.

TRACT 2: A certain tract of land lying and being on the west side of Old Cumberland Falls Road, approximately 0.15 mile north from its junction with Industry Road, in the County of Whitley, State of Kentucky, and bounded and described as follows:

Unless stated otherwise, any monument referred to herein as a “steel stake” is a set ½ inch diameter rebar stake, approximately twenty four inches in length, with a yellow plastic cap stamped “EG 3276”. All bearings stated herein are referred to the magnetic meridian as observed 07/04/97 along the south line of the property described herein.

BEGINNING at an existing steel stake, with a plastic cap stamped “EG 3276”, in the west right of way line of the Old Cumberland Falls Road, 15 feet from the road centerline, a corner to Virginia Bird (DB 359, Page 526) and the tract described herein; thence with the right of way line S 18-29-11 E a distance of 49.86 feet to a steel stake, a new corner to Wayne Perkins (MB 98, PG 593) and the tract described herein; thence severing the Wayne Perkins property S 65-32-23 W a distance of 151.47 feet to a steel stake; thence with same N 20-19-28 W a distance of 51.11 feet to an existing railroad tie corner fence post, a corner to the aforementioned Virginia Bird; thence with the Virginia Bird line and a fence N 66-03-41 E a distance of 152.97 feet back to the point of beginning, containing 0.18 acres, more or less, according to a survey conducted by Grande Engineering, conducted by Edvard Grande, Kentucky Professional Land Surveyor No. 3276, on July 08, 1998.

BEING ALL THE SAME PROPERTY Paul Mason and wife, Angelina Mason, acquired from Virginia Bird, single, by Deed dated June 4, 2003 and recorded June 6, 2003 in DEED BOOK 444, PAGE 14.  ALSO, BEING A PART OF THE SAME PROPERTY in which Angelina Laine Mason acquired the interest of Paul L. Mason, married, by Quitclaim Deed dated January 11, 2011 and recorded January 19, 2011 in DEED BOOK 500, PAGE 25-28. 

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 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, 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. I

CIVIL ACTION NO. 11-CI-00465

FORCHT BANK, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFFS VS. CAROLYN BOWMAN, single; CITIFINANCIAL SERVICES, INC.; TAX EASE LIEN INVESTMENTS, LLC; JAMOS FUND I, LP; 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, Carolyn Bowman, plus costs, is as follows:

(1) The principal sum in the amount of $64,717.16, as of March 15, 2012, plus interest at the rate of 7.99% 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: 6905 Highway 26, Rockholds, KY 40759

BEGINNING at a stone; thence in a northwestwardly direction 410 feet with a ditch to Watts Creek; thence in a Southerly direction 228 feet with Watts Creek to corner of Dennis Terry property; thence in a Southeasterly direction 352 feet with the ditch to the culvert at U.S. Highway 26; thence in a Northwardly direction 273 feet with U.S. Highway 26 to the stone at the beginning.

Being part of Lot 65 and all of Lots 66, 67 and 68 of the Carson Subdivision in Whitley County, Kentucky.  (See Map Book 1, Page 106).

BEING THE SAME PROPERTY conveyed to Mortgagor by deed from Jerry Melvin Bartolo, dated May 27, 2004 and recorded in Deed Book 453, Page 186-188 of the Whitley County Court Clerk’s Office.  See also Deed of Correction, dated January 4, 2005 and recorded in Deed Book 458, Page 166 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 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 for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay court costs and expenses of  the sale and 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;

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