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Legal Notices for 2/22/2012, page 1


 

 

 NOTICE OF PUBLIC HEARING

The Public Service Commission of Kentucky issued an order on January 26, 2012, scheduling a hearing to be held on March 9, 2012, at 10:00 a.m., Eastern

Standard Time, in Hearing Room 1 of the Commission’s offices located at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of cross-examining witnesses in Case No. 2011-00484, which is An Examination of the Application of the Fuel Adjustment Clause of Kentucky Utilities Company from May 1, 2011 through October 31, 2011.

Kentucky Utilities Company

220 West Main Street, Louisville, Kentucky 40202

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0432 AM#1

in accordance with KRS 350.055, notice is hereby given that Fraziernantz, 541 Blakes Fork Road, Williamsburg, KY 40769 has applied for an Amendment for a surface coal mining and reclamation operation to add 9.62 surface acres and 27.67 underlying acres, for a total of 26.07 surface and 72.84 underlying located 1.0 mile southwest of Yaden in Whitley County.

The proposed operation is approximately 1.0 mile southwest from KY 904’S junction with Dal Road and located 0.1 mile west of the Cumberland River. The Latitude is 36-43-23 and the Longitude is 84-06-20.

The proposed operation is located on the Saxton U.S.G.S. 7 1/2-minute quadrangle map. The operation will use the surface and auger methods of surface mining. The surface area is owned by Perry Lawson.

The application has been filed for public inspection at the Division of Mining Reclamation and Enforcement Middlesboro Regional Office, 1804 E Cumberland Ave, Middlesboro, KY 40965. Written comments, objections, or requests for a permit conference must be filed with the Director, Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

PUBLIC NOTICE

An ordinance amending the Whitley County Budget for Fiscal Year 2011-2012, to include unanticipated receipts increasing/decreasing from the General, Road, Jail, Ambulance and 911 funds in the amount of $195,783.00 and increasing / decreasing expenditures from the General, Road, Jail, Ambulance and 911 Funds in the amount of $195,783.00 was passed on 02/21/12.  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:

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. GATLIFF COAL COMPANY, 9180414, 01/26/2012; MOUNTAINSIDE COAL CO INC., 9180422, 01/06/2012.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 09-CI-00597

BAC HOME LOANS SERVICING, LP fka COUNTRYWIDE HOME LOANS SERVICING LP, PLAINTIFF, VS. TERRENCE W. CROUSE; “MERS”, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for COLORADO FEDERAL SAVINGS BANK, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

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

The judgment against the defendant, Terrence W. Crouse, plus costs, is as follows:

(1) The principal sum in the amount of $145,453.65, plus interest on the principal sum at the rate of 7.375% per annum from April 1, 2009 until paid, plus the costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note.

The property to be sold is as follows:

Property Address: 310 West Gordon Street, Corbin, KY 40701

Parcel No.: 137-32-04-001.00

Legal Description:

Situated in the City of Corbin, County of Whitley, and State of Kentucky, to-wit:

Beginning at the Northeast corner of Gordon and Padgett Streets in Corbin; thence North with the East line of Padgett Street One hundred ten (110’) feet to the South line of Center Street; thence East with the South line of Center Street Eight-nine (89’) feet to a stake; thence South One Hundred Forty-one (141’) feet to the North line of Gordon Street; thence West with the North line of Gordon Street Eighty (80’) feet to the beginning.

Being the same property conveyed to Terrence W. Crouse, single, by virtue of a deed from Bryan Curd and his wife, Sandra Curd, dated June 29, 2006, filed July 05, 2006, recorded in Deed Book 0470, Page 304, county Clerk’s Office, Whitley County, Kentucky.

Property Address: 310 West Gordon Street, Corbin, KY 40701

Parcel Number:   137-32-04-001.00

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

Commonly known as: 310 West Gordon Street, Corbin, KY 40701

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, 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 17th day of February, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00383

JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, PLAINTIFF, VS. RAYMOND PETREY; JANICE CARTER; BLUE WORLD POOLS, INC.; COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

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

The judgment against the defendants, Raymond Petrey and Janice Carter, plus costs, is as follows:

(1) The principal sum in the amount of $71,358.11, plus interest from 10/1/10 to 9/31/2011 in the amount of $4,742.32, plus escrow in the amount of $140.80, plus property inspection fees in the amount of $14.00, plus property preservation in the amount of $28.00, for a total in the amount of $76,283.23, together with interest at the rate of 7.2500 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee in the amount of $1,350.00, and for any other fees expended for services performed in the 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 said real property is located in Whitley County, Kentucky and is more specifically described as follows:

The property to be sold is as follows:

Property address is: 192 Hightop Road, Corbin, KY 40701.

Being a part of Lot No. 3, Block “E”, of the Jack Reasor Farm Subdivision, and being a lot facing a road or street a distance of 150 feet and extending back a distance of 100 feet, and more particularly described as follows:

BEGINNING at a stake at the corner of Lot Number 3 and Tract 1, Block “E”, of the said subdivision; thence Northeast 100 feet to the corner of Lot Number 5, in Block “E”; thence Southeastward with the line of Lot No. 6 in Block “E” a distance of 150 feet to a stake in Rotha Reeves’ line; thence Southward a distance of 100 feet to a stake in the road or street and Rotha Reeves’ lot’ thence Northeastward a distance of 150 feet with the line of the road or street to the BEGINNING.

Being the same property conveyed to Pamela S. Lawson from Donald R. Peterson and his wife Barbara J. Peterson and recorded on August 15, 2001 in Deed Book 426, Page 506 of the Whitley County Court Clerk’s Office.

Also being the same property conveyed to Raymond Petrey (single) and Janice Carter (Single) from Pamela Lawson Kirby and her husband George Preston Kirby by Deed recorded on September 21, 2007 in Deed Book 479 at page 464 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. 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 17th day of February, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. 11-CI-00154

JIMMY VANCE, d/b/a VANBAR OUTDOOR ADVERTISING, PLAINTIFF, VS. MOUNTAIN VIEW LODGE, LLC; WHITAKER BANK and COMMONWEALTH OF KENTUCKY; DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 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 Monday, March 12, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Mountain View Lodge, LLC, plus costs. 

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

Property Address:  2615 Cumberland Falls Highway, Corbin, Kentucky 40701.

BEGINNING at a concrete right of way monument being 50 feet right (south) from approximate centerline Station 4+04 of U.S. Highway No. 25W (Cross Road No. 6).  Said right of way monument also being a northeast corner or property presently occupied by the McKinley Restaurant; thence leaving the south right of way of U.S. Highway No. 25W, S 11 degrees 28 minutes E in part with an east line of property present occupied by the McKinley Restaurant, 517.60 feet to a point; thence S 78 degrees 32 minutes W 148.00 feet; thence S 05 degrees 45 minutes E, 519.60 feet; thence N 78 degrees 32 minutes E, 323.00 feet; thence N 11 degrees 28 minutes W 120.00 feet; thence N 78 degrees 32 minutes E 98.00 feet; thence S 70 degrees 37 minutes E 226.12 feet to a point in the west Controlled Access right of way of Interstate 75.  Said point being 227.50 feet left (west) from approximate centerline Station 1320+77 of Interstate 75; thence continuing with the west Controlled Access right of way of Interstate 75, with a fence N 09 degrees 00 minutes E 269.96 feet to a fence post.  Said fence post being 110 feet right (west) from approximate centerline Station 8+80.63 the P.C. Station of a curve on Entrance Ramp B., Exit No. 24, of Interstate 75; thence N 04 degrees 10 minutes W 180.91 feet to a fence post being 100 feet right (west) from approximate centerline Station 7+00 of said Entrance Ramp B, Exit No. 24 of Interstate 75; thence N 07 degrees 20 minutes W 100.00 feet to a fence post being 100 feet right (west) from approximate centerline Station 6+00 of said Entrance Ramp B., Exit No. 24 of Interstate 75; thence N 10 degrees 46 minutes W 250.45 feet to a fence post being 115 feet right (west) from approximate centerline Station 3+50 of said Entrance Ramp B., Exit No. 24 of Interstate 75; thence N 05 degrees 25 minutes W 204.38 feet to a fence post being approximately 120 feet left (south) from approximate centerline Station 9+95.50 of U.S. Highway No. 25W (Cross Road No. 6); thence leaving the west Controlled Access Right of way of Entrance Ramp B, Exit No. 24 of Interstate 75, continuing with the south right of way of U.S. Highway No. 25W (Cross Road No. 6) N 76 degrees 56 minutes W with a fence 142.27 feet to a fence post being 70 feet right (south) from approximate centerline Station 8+59.70 of U.S. Highway No. 25W (Cross Road No. 6).  Said Station also being the P.T. Station of a curve having a radius of 1362.50 feet, a central angle of 31 degrees 50 minutes right, a degree of curvature of 4 degrees 12 minutes, a tangent distance of 388.55 feet with a total arc length of 751.00 feet, thence leaving said right of way fence, continuing with said curve to the right having a radius of 1362.50 feet, a central angle of 31 degrees 50 minutes right, a degree of curvature of 4 degrees 12 minutes, a line running 70 feet south from and parallel to the centerline of US 25W along a chord length being 129.03 feet bearing S 80 degrees 27 minutes W to a point being 70 feet right (south) from approximate centerline Station 7+24.06.  Said point also being a northeast corner of property present occupied by the Gulf Oil Corporation Service Station; thence leaving the south right of way of U.S. 25W, continuing with the lines of property being present occupied by the Gulf Oil Corporation Service Station, S 15 degrees 03 minutes E 199.40 feet; thence S 74 degrees 57 minutes W 150.00 feet; thence N 15 degrees 03 minutes W 200.00 feet to a point in the south right of way of U.S. Highway No. 25W.  Said point being 70 feet right (south) from approximate centerline Station 5+68.00; thence continuing with said curve to the right having a radius of 1362.50 feet, a central angle of 31 degrees 50 minutes right, a degree of curvature of 4 degrees 12 minutes, a line running from a point being 70 feet right (south) from approximate centerline Station 6+00 to a point being 50 feet right (south) from approximate centerline Station 4+04 along a chord length being 156.70 feet bearing S 74 degrees 56 minutes W, said point being 50 feet right (south) from approximate centerline Station 4+04 being the BEGINNING corner.

There is excepted and not conveyed herein that certain tract or parcel of land conveyed to Pine Mountain Realty, Inc. from Allan V. Rose and Christina Rose, his wife, by deed dated September 22, 1995, as appears of record in Deed Book 381, at page 548, Whitley County Court Clerk’s Office, Williamsburg, Kentucky.

The party of the first part does hereby convey unto the party of the second part all its rights to certain easements reserved and granted unto it, as follows:

1. The water service main which crosses the real property conveyed herein, as well as the water pump station located on Tract 1 of the Exception listed in the preceding paragraph.

2. The South Central Bell overhead telephone lines and the South Central Bell easement which is known to exist, but is not of record in the Whitley County Court Clerks’ Office.

3. The City of Corbin sanitary sewer pump station easement which is known to exist, but is not of record in the Whitley County Court Clerk’s Office.

4. The Cumberland Valley RECC easement which is known to exist, but is not of record in the Whitley County Court Clerk’s Office.

5. Overhead electric lines which cross the real properties herein conveyed.

6. American Telephone and Telegraph right of way and easement for a communications system, which easement is more particularly described in Miscellaneous Book 66, Page 219, Whitley County Court Clerk’s Office.

7. Any and all overhead utility services, electric and telephone lines.

BEING ALL OF THE SAME PROPERTY acquired by Mountain View Lodge, LLC by deed from Corbin Hospitality Group, Inc., dated May 31, 2007 and recorded July 23, 2007 in Deed Book 478, at page 310.

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 (1/3rd%) 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 17th day of February, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. 11-CI-00284

KENTUCKY HOUSING CORPORATION, PLAINTIFF, VS. LOIS A. SHORT, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on January 3, 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, March 12, 2012 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Lois A. Short, plus costs, is as follows:

(1) The principal sum in the amount of $70.901.81, plus interest at the rate of 6.5% per annum from March 17, 2011 until January 3, 2012, plus accrued late charges in the amount of $560.18, with interest accruing on the entire balance at the Note rate until paid, plus its reasonable attorneys fees and court costs herein expended.

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

Property Address: 115 Wells Lane, Corbin, Kentucky 40701.

Being Lot Number Fifteen (15) of the residential development identified as Biltmore Grove Estates located in Whitley County, Kentucky; and for a more complete and detailed description of said lot, reference is hereby made to the plat of said subdivision which has been duly recorded and appears of record in Plat File 373 in the office of the Whitley County Clerk at Williamsburg, Kentucky.

The property identified herein is subject to the term and provisions of the declaration of Protective Covenants for Biltmore Grove Estates dated July 11, 1997 and appearing of record in Miscellaneous Book 96, at page 55, in the Clerk’s Office aforesaid.

EXCEPTION:    There is not conveyed on this deed and this conveyance is subject to the undivided one-half interest in the mineral estate reserved by Cecil Osborne and Sarah Josephine Osborne, husband and wife, in that certain deed of conveyance to Diana K. Moore, dated February 16, 1993 and recorded in Deed Book 362, at page 125, in the Clerk’s office aforesaid.  Said interested was subsequently acquired by Diana K. Moore by deed of conveyance from Cecil Osborne and Sarah Josephine Osborne, husband and wife, in that certain Deed of conveyance to Diana K. Moore, dated February 16, 1993 and recorded in Deed Book 362, at page 129, on the Clerk’s office aforesaid.

Being all the same land acquired by Lois A. Short by Deed dated August 30, 2001, of record in Deed Book 429, page 125, in the Clerk’s office aforesaid.

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 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, 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 17th day of February, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. 11-CI-00455

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO TRI COUNTY NATIONAL BANK, PLAINTIFF, VS. VANCE RENTAL PROPERTIES, LLC; DONNA B. HUTSON-VANCE; 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 January 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, March 12, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Vance Rental Properties, LLC, and Donna B. Hutson-Vance, plus costs, is as follows:

1. The principal sum in the amount of $93,572.59 as of November 23, 2011, plus interest at the rate of 6.99% per annum until paid in full.

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

Property Address:  830 5th Street, Corbin, Kentucky 40701.

BEGINNING at a cross-mark in the north line of the sidewalk on Fifth Street; and in the east line of a driveway, running thence with sidewalk, South 85 degrees East 45 feet to a cross-mark on a retaining wall of Patties Branch; thence with the retaining wall and with the meanders of the branch when reduced to a straight line, North 1 degree West 63 feet to a cross-mark on the retaining wall; thence still with Patties Branch, North 70 degrees West 45 feet to a set stone in the East line of the driveway; thence with the east line of the driveway; South 1 degree East 79 feet to the point of BEGINNING.

Property Address:  830 ½ 5th Street, Corbin, Kentucky 40701.

BEGINNING at a set stone on the North side of Patties Branch, Marvin Taylor’s corner; thence northward with Saylor and Felts line about 65 feet to a stone and alley; thence westward with said alley about 50 feet to a stone, Jim Bryant’s corner; thence southward with Jim Bryant’s line about 70 feet to a stone on the south side of Branch; thence eastward and crossing branch a straight line about 50 feet to a stone, the BEGINNING.

There is also conveyed by this deed the free use of a driveway now in use by Marvin Taylor which driveway extends from the lot herein conveyed to Fifth Street.

BEING THE SAME PROPERTY acquired by Vance Rental Properties, LLC, by deed dated June 27, 2005, from David B. Hudson, single, and recorded in Deed Book 462, Page 220 of the Whitley County Court 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.  If Forcht Bank, NA, is the highest bidder for a sum less than its Judgment, Forcht Bank, NA, shall only be required to pay the costs and expenses of the Commissioner’s sale. 

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 17th day of February, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. 11-CI-00730

KENTUCKY HOUSING CORPORATION, PLAINTIFF, VS. JAMES R. BACON, JR.,; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; CAPITAL ONE BANK (USA) N.A.; COMMONWEALTH OF KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on January 3, 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, March 12, 2012 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, James R. Bacon, Jr., plus costs, is as follows:

(1) The principal sum in the amount of $82,287.86, plus interest at the rate of 5.25% per annum from May 1, 2011 until January 3, 2012, plus accrued late charges in the amount of $109.88, plus the sum of $235.00 for expenses incident to preserving and maintaining the property, with interest accruing on the entire balance at the Note rate until paid, plus its reasonable attorneys fees and court costs herein expended.

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

Property Address: 7 Ashley Avenue, Corbin, Kentucky 40701.

Being all of Lot #1 in the Hideaway Heights Sub-division #2, Corbin,

Being the same property conveyed to James R. Bacon, Jr., by deed dated July 18, 2008, of record in Deed Book 484, Page 797, 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 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 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, 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 17th day of February, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 09-CI-00822

HSBC BANK USA, NATIONAL ASSOCATION AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES, INC.  MORTGAGE LOAN TRUST, SERIES 2003-4XS MORTGAGE PASS-THROUGH CERTIFICATES, PLAINTIFF, VS. FIRST STATE FINANCIAL, INC.; WILLIAM WALIGORSKI,        DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE  

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 30, 2012, and a subsequent Order entered January 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, March 12, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, William Waligorski, plus costs, is as follows:

(1) The principal sum in the amount of $178,582.73, plus interest from 06/1/09 in the amount of $7,299.28, plus late charges in the amount of $140.42, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,465.34, plus attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $188,587.77.

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

A certain tract of land being near the community of Gausdale and on the waters of Meadow Creek in Whitley County, Kentucky, and being more particularly described as follows:

Unless stated otherwise, any monument referred to herein as an “iron pin and cap” is a set 1/2” iron rebar pin, 24” in length, with a yellow plastic cap stamped “RMF 3051”.  All bearings herein referred to the magnetic north meridian as observed March 18, 2003.

Beginning at an iron pin and cap on the north side right-of-way of KY. 1530, 20’ feet from the centerline, also being S 56 deg. 22’ 56” W, 51.55’ from the north end of a concrete headwall for KY. 1530, and being S 30 deg. 01’ 09” W, 1032.05’ from north line of the grantors tract; thence with the road right-of-way, S 48 deg. 02’01” W, 325.91’ to an iron pin and cap in a wire fence; thence leaving the right-of-way and up the hill with a wire fence bisecting a portion of the grantors tract, the following three calls (1) N 38 deg. 51’ 59” W 233.88’ to a metal post; thence,  (2) N 42 deg. 41’ 04” W, 70.98’ to an iron pin and cap; thence, (3) N 60 deg. 08’ 28” W, 105.20’ to a metal post; thence leaving the fence and around the hill, the following six calls, (1) N 0 deg. 49’ 04” W, 311.14’ to an iron pin and cap; thence, (2) N 48 deg. 36’ 44” E, 182.19’ to an iron pin and cap; thence down the hill, (3) S 48 deg. 52’53” E, 201.76’ to an iron pin and cap; thence, (4) S 46 deg. 31’ 16” E, 325.85’ to a metal post; thence, (5) S 19 deg. 23’ 36” E, 51.92’ to a metal post; thence, (6) S 5 deg. 44’ 11” W, 94.89’ to the point of the beginning.  Containing 5.25 acres more or less, according to a survey by Richard Frederick, PLS #3051 on March 18, 2003. 

Being the same property conveyed to William E. Waligorsky Jr., Jeremy L. Waligorsky, and William E. Waligorski, Sr., from William Waligorsky and his wife, Lola Waligorsky, by Deed dated February 16, 2007 and recorded in Deed Book 475, Page 467 in the Office of the Whitley County Court Clerk.

Said property address is:  335 Owens Road, Rockholds, Kentucky 40759.

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 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, then, and in that event, no payment shall be required and no bond shall be executed by them, they it shall be entitled to take 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. 

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 17th day of February, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KENTUCKY 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-00275

BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF, VS. ARTIS R. KETRON, HTTA ARTIS KETRON; SUE A. KETRON, HTTA SUE KETRON; FARMER’S NATIONAL BANK, NKA COMMUNITY TRUST BANK, INC.; UNITED STATES OF AMERICA SMALL BUSINESS ADMINISTRATION; THE UNITED STATES OF AMERICA, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 23, 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, March 12, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Default Judgment against the defendants, Artis R. Ketron, htta Artis Ketron, Sue A. Ketron, htta Sue Ketron, and Farmer’s National Bank, nka Community Trust Bank, Inc., jointly and severally, plus costs, is as follows:

(1) The principal sum in the amount of $38,695.37, plus accrued interest thereon at the current Note rate of 3.5% per annum starting from December 16, 2008, until fully paid, plus any other charges which have accrued, plus Plaintiff’s costs expended, plus attorney’s fees of at least $2,500.00.

(2) There is also included with the property a 1999 Belmont Summit Mobile Home VIN #MSB991680SN38165.

Property Address: 1011 Bee Creek Rd, Corbin, KY 40701

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

Beginning at a walnut tree and gravel Rd. running southwardly 250 feet with a wire cross fence to a cherry tree at edge of Beaver Creek; thence westwardly down edge of beaver creek 300 feet to a cement stone; thence northwardly running with a barb wire fence 50 feet to a cement stone; thence running eastwardly with a wire fence fence 230 feet to a gravel road and locust post.

This gravel road running through this property to Bee Creek Road must be left open and not be blocked at any time.

Being the same property conveyed to Artis Ketron and wife, Sue Ketron, by Deed dated March 29, 1994 and filed of record in Deed Book 370, Page 330, in the Office of the Whitley County Clerk.

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.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative be the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by it.

3. 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 17th day of February, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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-00335

CENLAR, FSB, PLAINTIFF, VS. BILLY WALKER, AKA BILLY J. WALKER, AKA BILL WALKER; PNC BANK, NATIONAL ASSOCIATION; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY; DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

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

The In Rem Default Judgment against the defendants, Billy Walker, aka Billy J. Walker, aka Bill Walker; PNC Bank, National Association; jointly and severally, plus costs, is as follows:

(1) The present principal sum in the amount of $125,947.60, plus accrued interest thereon at the current Note rate of 5.875% per annum starting from June 1, 2010, until fully paid, plus any other charges which have accrued, plus Plaintiff’s costs expended, plus attorney’s fees of at least $2,500.00.

Property Address: 1011 Corinth Cemetery Rd, Corbin, KY 40701

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

A certain tract or parcel of land located in Whitley County, Kentucky, being a part of the same property conveyed to Connie Walker, from Randall Lee Steely and Theresa Ann Steely, husband and wife, on the 28th day of June, 2000, and recorded in the office of the Whitley County Court Clerk in Deed Book 419 on Page 366, and more particularly described as follows:

Beginning on a 38” red oak, in the west right of way of Corinth Cemetery Road, witnessed by a set 1/2” by 18” iron pin with cap: “A&L 3475” lying N83°11’40”E 2.45 feet away, said red oak lying S04°49’50”E 257.21 feet from the centers of the intersection of Corinth Cemetery Road and Farmer Trail, thence with the right of way the following courses; S24°32’28”E 24.53 feet, S00°00’00”E 39.86 feet, S04°52’05”W 220.67 feet, S13°15’47”W 35.76 feet to a point in the intersection of the right of way and the center of the drain, witnessed by a set 1/2” by 18” iron pin with cap: “A&L 3475” lying S75°57’50”W 0.33 feet away, thence leaving the right of way and with the center of the drain the following courses; N54°55’26”W 17.31 feet, N 50°36’35”W 49.12 feet, N66°55’49”W 42.62 feet, N88°58’07”W 47.78 feet, N87°00’04”W 49.89 feet, N87°00’04”W 44.86 feet to a set  1/2” by 18” iron pin with cap: “A&L 3475”, thence leaving the drain N16°11’22”W 41.31 feet to a 17” hickory, witnessed by a set 1/2” by 18” iron pin with cap: “A&L 3475” lying N41°46’44”E 1.64 feet away, thence N11°25’13”W 68.28 feet to a 14” red oak, witnessed by a set 1/2” by 18” iron pin with cap: “A&L 3475” lying S 15°08’09”E 2.53 feet away, thence N05°00’15”W 32.44 feet to a 50” red oak, witnessed by a set 1/2” by 18” iron pin with cap: “A&L 3475” lying N69°45’50”E 2.52 feet away, said red oak being the northwest corner of the parent tract, thence N67°40’35”E 300.89 feet to the beginning, containing 1.32 acres by survey conducted by George A. Adams, P.L.S. 3475, from June 12, 2006 through July 20, 2006.

Being the same property conveyed to Bill Walker by deed dated August 22, 2006, recorded August 23, 2006, of record in Deed Book 471, Page 495 of record 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 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.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative be the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by it.

3. 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 17th day of February, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

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