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Legal Notices for 2/22/2012, page 2


 

 

 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 amo