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Legal Notices for 6/27/12, page 1


 

 PUBLIC NOTICE

An ordinance relating to Whitley County Occupational Tax renewing Ordinance 2008-03 was passed on 6/19/12. 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

 

City of Williamsburg Police Department

PUBLIC AUCTION on Saturday, July 7, 2012 at 10:00 a.m. at the Williamsburg Fire Department, located at 845 South Highway 25 W, Williamsburg, Kentucky.

The city will be auctioning off abandoned and confiscated vehicles. For more information, please contact Chief Wayne Bird, Chief of Police at 606-549-6087.

The City reserves the right to ACCEPT or REJECT any or all bids. All vehicles are sold “As Is, Where Is” with no warranty or guarantee expressed or implied.

 

ADVERTISEMENT FOR BIDS

The Whitley County Fiscal Court is accepting Sealed Proposals for diesel fuel for the Whitley County Road Department.  Proposals must be received in the Judge Executive’s Office located at 200 Main Street, Williamsburg, KY 40769 or by mail to:  PO Box 237, Williamsburg, KY 40769 by 11:00 AM on Tuesday, July 10th, 2012, at which time the bids will be read aloud and shall be awarded during a special scheduled meeting of the court on July 10th, 2012 at 11 AM in the Fiscal Court Room.

Specifications: State Price index on both On and Off Road Diesel Fuel and delivery charges must be included in Bid.

All bids shall be marked “Diesel” on front of envelope.

Conflicts of interest, gratuities and kickbacks are defined in KRS 45A.445 and as provided for in KRS 45A.445 are absolutely prohibited. 

No bidder may withdraw his/her bid for 90 days after the date the bids are opened.  Any bid received after the time specified shall not be considered and will be returned unopened to the bidder.

 Whitley County reserves the right to waive any informality and may reject any and all bids.  Whitley County reserves the right to award bid based upon availability, service and in the best interst for the public safety for the citizens of the County.  Whitley County is an Equal Opportunity Employer.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application No 874-5008, Renewal

In accordance with the provisions of KRS 350.055, notice is hereby given that Southfork Coal Co., 80 Terrace Drive, Bristol, VA. 24202, has applied for a renewal of an existing underground coal mining and reclamation operation located 1.3 miles southeast of Hollyhill in McCreary and Whitley Counties, Kentucky. The operation disturbs 14.47 acres and underlies an additional 105.0 acres for a total of 119.47 acres within the permit boundary.

The operation is located approximately 0.8 miles southwest of the junction of KY Route 478 with KY. Route 92, and approximately 0.6 miles southeast of the Pleasant Run stream. The latitude is 36 degrees, 39 minutes, and 37 seconds, and the longitude is 84 degrees, 18 minutes, and 31 seconds.

The operation is located on the Hollyhill USGS 7 2 Minute Quadrangle Map. The disturbed surface is owned by Joe Patrick, Terry E. Forcht and Bobby K. Mays. The operation will underlie land owned by Joe Patrick and Terry E. Forcht.

The application has been filed for public inspection at the Department of Surface Mining, Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40906. 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, KY 40601.

 

PUBLIC NOTICE:

NOTICE TO Heirs or devisees or legatees of Juanita Hendrickson and any unknown person having an interest in the property located on 1028 Gordon Hill, Corbin, Ky 40701.

To the above individuals, I have been appointed Warning Order Attorney to notify you of a Civil Action No. 12-CI-00402, Whitley Circuit Court.

You have fifty days from June 13, 2012 to file an answer or other pleadings in this case, or judgment may be taken against you.

Derek S. Turner,  ATTORNEY AT LAW

Joyner Law Firm, 210 N. Broad Street, Suite 200, London KY 40741

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00888

Bank of America NA, successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, Plaintiff,  VS. Wanda Nelson; Legal Recoveries, Inc., Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 7, 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, July 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Wanda Nelson, plus costs, is as follows:

(1) The principal sum in the amount of $92,356.32, plus interest from May 1, 2009, in the amount of $15,373.44, plus late charges in the amount of $112.07, plus advancements totals in the amount of $11,764.51, for a total in the amount of $119,606.34, together with interest at the rate of 5.87.50 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,150.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 604 Wolf Creek Road, Williamsburg, Kentucky 40769.

BEGINNING at an iron stake on the right of way of highway 628, thence running in a Northerly direction 190 feet to a Cross-tie post; thence 100 feet in an Eastern direction to a concrete marker, thence running 180 feet in a Southern direction to a stake in the right of way of highway 628; thence in a Western Direction with said right of way of highway 628; thence in a Western direction with said right of way of Highway 628 114 feet to the BEGINNING corner; and

Being the same property Kathy J. Davis , widowed obtained title to by deed dated June 11, 2003 executed by Jaye Shannon Jones, single of record in deed book 444 at page 245 in the Whitley County Court Clerk’s Office; and

Thereafter, being the same property conveyed to Wanda Nelson, single, and Minnie Sue Mullis, married, by deed dated May 19, 2006 and recorded on May 25, 2006 in Deed Book 469, page 390 in the Office of the Clerk of the County Court of Whitley County, Kentucky.

Said property was conveyed to Wanda Nelson, by William Mullis and Minnie Mullis, husband and wife, on April 23, 2008, by a deed recorded on May 1, 2008, in Deed Book 483, Page 306, on the Office 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 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, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale. Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 18th day of June, 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. 10-CI-00445

Bank of America, N.A., PLAINTIFF, VS. Margaret Fultz, Administratrix of the Estate of Donald F. Adams; Audrey Renell Adams, minor, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 7, 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, July 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, plus costs, is as follows:

(1) The principal sum in the amount of $39,238.29, plus interest from January 1, 2010, in the amount of $5,553.91, plus late charges in the amount of $37.92, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $4,166.39, for a total in the amount of $48,996.51, together with interest at the rate of 6.5000 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,450.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument

Property Address: 227 Higgins Street, Corbin, Kentucky 40701.

Being located in the South line of Higgins Street, in the City of Corbin, Kentucky and more particularly described as follows:

Beginning at an iron pipe in the South line of Higgins Street. Said iron pipe also being a Northeast corner of the C.D. Adkins heirs (Deed Book 289, Page 629); thence continuing with eth South line of Higgins Street, S 65 deg 45 min E., 100.00 feet to an iron pipe. Said iron pipe also being a Northwest corner of Robert Higgins (Deed Book 127, Page 537); thence leaving the South line of Higgins Street, S 28 deg 45 min W., with the west line of Robert Higgins, 185.00 feet to an iron pipe in the North line of Malcom Street. Said iron pipe also being a Southwest corner of Robert Higgins; thence leaving the West line of Robert Higgins N 62 deg 33 min W., 50.00 feet to an iron pipe. Said iron pipe also being a Southeast corner of Carl and June Baker (Misc Book 40, Page 163, 164, and 165); thence leaving the North line of Malcom Street, continuing with the lines of Carl and June Baker, N 29 deg 03 min E, 50.00 feet to an iron pipe; thence N 63 deg 13 min W., 50.00 feet to an 8 inch tree. Said tree being a Southeast corner of C.D. Adkins heirs; thence leaving the line of Carl and June Baker, N 28 deg 45 min E, with an East line of C.D. Adkins heirs, 130.00 feet to the beginning corner, containing 0.3601 acres.

Being the same parcel conveyed to Donald F. Adams from Leanne Maxey Barger, by virtue of deed dated 9/12/2002, recorded 9/14/2002, in deed book 438, page 220, county of Whitley, state of 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 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, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 18th day of June, 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. 10-CI-00640

JPMorgan Chase Bank, National Association successor by merger to Chase Home Finance, LLC, Plaintiff,  VS. Lewis Westcott aka Lewis E. Westcott; Ruby Westcott, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 7, 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, July 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Lewis Westcott aka Lewis E. Westcott and Ruby Westcott, plus costs, is as follows:

(1) The principal sum in the amount of $51,614.67, plus interest from 04/1/10-3/15/12, in the amount of $6,568.21, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,777.66, plus property inspection fees in the amount of $70.00, plus BPO in the amount of $485.00, plus property preservation in the amount of $1,459.00, plus late charges in the amount of $41.34, for a total in the amount of $63,015.88, together with interest at the rate of 6.500 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,350.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 175 Copperhead Lane, Corbin, Kentucky 40701.

Lying and being in Whitley County, Kentucky, and more particularly described as:

A certain tract or parcel of land lying in Whitley County, Kentucky, on the waters of Whippoorwill Creek, bounded and described as follows:

Beginning at an iron pin in the edge of the Burnett Road and corner of Robert Moore and running about S.W. with the Moore line 150 feet to an iron pin; thence running about N.W. 100 feet to an iron pin; thence running about N.E. 150 feet to an iron pin in the edge of Burnett road; thence running with the edge of the road about S.E. 100 feet to the iron pin, the beginning.

SAID PROPERTY HAS BEEN RESURVEYED AND IS NOW MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A certain tract or parcel of land lying in the Bark Camp Area of Whitley County and more particularly described as follows:

Beginning on a set iron pin and cap in the southwest edge of Copperhead Lane (20 feet from approximate centerline)(formerly Pennington Lane), said pin being located approximately 0.10 miles northwest of the intersection of Whippoorwill Road, said pin being the northeast corner of the tract described herein ad a corner common to (now for formerly) Clifton Pennington (DB 323 PG 220), thence leaving said road and with line common to said Pennington S 57-19-11 W 150.00 feet to a set pin and cap in a line common to (now or formerly) Lonnie Storms (DB 258 PG 449), thence with line common to said Storms N 32-59-07 W 100.00 feet to a found ¾” iron rod, a corner common to Anthony Hill (DB 455 PG 078), thence with line common to said Hill N 57-19-49 E 150.00 feet to a set iron pin and cap in the edge of Copperhead Land (20 feet from approximate centerline), said pin also being in an existing driveway, thence leaving line common to said Hill and with the southwest edge of said road (20 feet from and parallel to approximate centerline) S 32-59-01 E 99.97 feet to the point of beginning, containing 0.34 acres by survey conducted on November 18, 2005 by Richard Reece, PLS#3358 with H&R Surveying.

Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set 1/3” by 18” iron pin with orange plastic cap stamped H&R PLS#3358, all bearings given herein are referenced to the magnetic meridian as obtained in the field on November 18, 2005 by

BEING ALL OF THE SAME LAND acquired by Lewis Westcott and Ruby Westcott, husband and wife, by deed of conveyance from Stewardship Fund, LP dated December 7, 2005 and recorded in deed Book 465, at page 753, in the office of the Whitley County Court Clerk at Williamsburg, 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 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, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 18th day of June, 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

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