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Legal Notices for 2/15/2012, page 2


 

 

CIVIL ACTION NO. 11-CI-00597

LIBERTY SAVINGS BANK, FSB, PLAINTIFF, VS. KIRK BODENWEISER; MELINDA BODENWEISER, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on December 12, 2011, 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 February 17, 2012 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Kirk Bodenweiser and Melinda Bodenweiser, plus costs, is as follows:

(1) As of September 30, 2011, the principal sum in the amount of $75,421.48, plus interest from 03/1/11 in the amount of $2,144.80, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $662.44, plus property inspection fees in the amount of $140.00, plus late charges in the amount of $162.66, plus attorney fees in the amount of $1,150.00, for a total in the amount of $79,681.38, together with interest at the rate of 4.8750 percent per annum from December 12, 2011 until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee and for any other fees expended for services performed in connection with the Defendant’s default and for the purposes of protecting Plaintiff’s interest in the property and its rights under the mortgage instrument.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property address is: 312 Vandorn Street, Kentucky 40701.

BEGINNING at an iron pipe in the North line of Vandorn Street. Said iron pipe also being a southwest corner of property belonging to Edward Neal Mullins (Deed Book 268, Page 007); thence leaving the lines of Edward Neal Mullins, S. 79 degrees 00 minutes 00 seconds W., with the North line of Vandorn Street, 75.00 feet to an iron pipe. Said iron pipe also being a southeast corner of Gary Campbell (Deed Book 331, Page 220); thence leaving the North line of Vandorn Street N 11 degrees 00 minutes 00 seconds W., with an East line of Gary Campbell, 122.00 feet to an iron pipe in the South line of Ninth Street; thence leaving the lines of Gary Campbell, N. 79 degrees 00 minutes 00 seconds E., with the South line of Ninth Street, 75.00 feet to an iron pipe. Said iron pipe also being a Northeast corner of Edward Neal Mullins; thence leaving the South line of Ninth Street S. 11 degrees 00 minutes 00 seconds E., with the West line of Edward Neal Mullins, 122.00 feet to the BEGINNING CORNER, containing 0.2101 acres.

Being the same property conveyed to Melina Bodenweiser and husband Kirk Bodenwesier by Deed of Conveyance dated December 11, 2007 and recorded in Deed Book 480, Page 779 on December 14, 2007.

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, it shall be entitled to a credit of its judgment against the purchase, and shall only be required to pay the court costs, the fees and costs of the Master Commissioner, and any real estate taxes payable pursuant to the Judgment, 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.

Dated this 30th day of January 2012.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00631

VANDERBILT MORTGAGE AND FINANCE, INC., ASSIGNEE OF CMH HOMES OF KENTUCKY, INC., LOT#61, PLAINTIFF, VS. LOLA C. McVEY; CORA PETREY McVEY; UNKNOWN SPOUSE OF CORA PETREY McVEY; JOE W. PETREY; JEAN PETREY 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 December 12, 2011, 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 Friday, February 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Lola C. McVey, plus costs, is as follows:

(1) The Defendant, Lola C. McVey, is indebted to the Plaintiff, Vanderbilt Mortgage and Finance, Inc., assignee of CMH Homes of Kentucky, Inc., Lot #61 (“Vanderbilt Mortgage and Finance, Inc.”) in the sum of $47,961.41, with interest thereon at the contract rate of 8.9% per annum from June 16, 2011 until December 12, 2011, and thereafter at the contract rate, until paid for all of which the Plaintiff shall have judgment in rem, together with interest and the costs of this action:

(2) There is a 2002 Clayton Mobile Home, Serial No. CAP013111TNAB currently situated on the real property and shall be included with the real property.

Said property address is: 145 Ronnie Petrey Road, Williamsburg, Kentucky 40769.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Beginning at a stake, a corner to Ronnie Elmer and Cora of the Petrey family; thence with Elmer Petrey’s line North 420 feet to a stake; thence West 85 feet to a stake; thence South 433 ft. to a stake; thence SW 90 ft. to a stake, a corner of Darrell Petrey Cora and Ronnie Petrey road; thence with said road East 200 feet to the point of beginning.

Deed to Cora Petrey McVey, dated 4-29-99, executed by Joe W. Petrey, and wife, Jean Petrey, through her power of attorney, as recorded in DB 408, Page 381 of record 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.

2. Included in the sale is a mobile home currently situated on the real property described as a 2002 Clayton Mobile Home, Serial No. CAP013111TNAB.

3. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (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, then, and in that event, 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 pursuant to the judgment entered, and no payment shall be required and no bond shall be executed by them.

4. 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.

5. 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.

6. 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.

7. 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.

8. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 30th day of January 2012.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 10-CI-00297

THOMAS WADE LAWLESS, PLAINTIFF, VS. KYLE DOUGLAS LAWLESS, EXECUTOR OF THE ESTATE OF KENNETH SHANE LAWLESS; KLYE DOUGLAS LAWLESS, INDIVIDUALLY; HOMETOWN BANK OF CORBIN, INC.;  JAMES KENNETH LAWLESS; and SHARON LAWLESS, DEFENDANTS,

AND              

DARRELL L. SAUNDERS; and LAWYERS MUTUAL INSURANCE COMPANY OF KENTUCKY, INTERVENING PLAINTIFFS,

VS.

KYLE DOUGLAS LAWLESS, EXECUTOR OF THE ESTATE OF KENNETH SHANE LAWLESS; and JAMES LAWLESS; and SHARON LAWLESS, INTERVENING DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 5, 2011, and subsequent Orders entered August 1, 2011, August 9, 2011, August 10, 2011, and December 5, 2011, 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 Friday, February 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

Defendants, Hometown Bank of Corbin, Inc., received an In-Rem Summary Judgment against the Plaintiff, Thomas Wade Lawless, and the Defendants, James Kenneth Lawless and Sharon Lawless, and Summary Judgment against the Defendant, Kyle Douglas, Executor of the Estate of Kenneth Shane Lawless, and Kyle Douglas Lawless, individually, plus attorney fees and costs, is as follows:

1. The principal sum in the amount of $116,399.86, plus interest at the rate of $21.921 per diem from June 15, 2011, until paid in full, plus and all attorney fees and costs herein expended.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address:  2652 Hightop Road, Corbin, KY 40701.

BEGINNING at a point on the Hightop Road a corner of James Noble; thence with Hightop Road S 03 deg. 39’ W 396.82 feet to the line of Ozene McKeehan; thence with Ozene McKeehan line S 87 deg. 31’ E 223 feet; thence severing the James Kenneth Lawless and Sharon D. Lawless parent tract N 13 deg. 25’ E 466.78 feet to James Noble line; thence with James Noble line S 81 deg. 04’ W 310 feet to the point of beginning.

Being the same land acquired by Kenneth Shane Lawless by deed from James K. Lawless and wife, Sharon D. Lawless, dated May 25, 2001 and recorded in Deed Book 427, Page 28, Whitley County Clerk’s Office. For further source of title, see the Deed of Correction of record in Deed Book 427, Page 195.

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, 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.

Dated this 30th day of January 2012.

HOWARD O. MANN, MASTER COMMISSIONER

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-01043

TAX EASE INVESTMENTS 1, LLC., PLAINTIFF,  VS. ASCENCIO’S GROUP, INC.; PEPSI-COLA BOTTLING CO. of CORBIN, KENTUCKY, INC.; SECURED CAPITAL INVESTMENTS, LLC; CITY OF CORBIN, KENTUCKY; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE 

Pursuant to a Judgment and Order of Sale entered on behalf of the Defendant, City of Corbin, Kentucky, entered by the Whitley Circuit Court on December 5, 2011, 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 Friday, February 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Ascencio’s Group, Inc., for delinquent taxes owed to the Defendant, City of Corbin, Kentucky, as follows: Tax bills for the years 2011, 2010, 2009, 2008, 2007, 2006, 2005, 2004, and 2003, as set forth in its Counterclaim and Crossclaim:

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address:  414 3rd Street, Corbin, KY 40701.

Beginning at a stake at the south side of Third Street, Nannie Rains’ corner; thence northward with her line (at one time the Charlie Kidd line) 202 feet to said Rains’ N.W. corner; thence westward with Mrs. Cochran’s line and Lambert’s line and with fence 67 feet to the fence at S.T. Wygal’s N.E. corner; thence southward with Wygal’s line and the Wells line about 104 feet to said Well’s S.E. corner; thence eastward and wife fence about 11 feet to a stone at a point 54 feet west of the said Rains’ line; thence southward and parallel to said Rains’ line about 100 feet to the south side Street; thence with south side of Third Street 54 feet to the beginning.

Being the same property acquired by Ascencio’s Group, Inc., from Daisy Y. Baker, et al, by dated May 18, 2001, and of record in Deed Book 426, Page 697, 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 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, 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 30th day of January 2012.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

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