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Legal Notices for 8/15/12, page 1


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 Public Notice

For Solid Waste Management Plan Update 2012-2017

The Whitley County Fiscal Court proposes to adopt the county’s Solid Waste Management Plan update per 401 KAR/49:011, Section 5. The plan, if approved, will serve as the basis for handling solid waste management issues in Whitley County (including the cities of Corbin and Williamsburg), for the years 2013-2017.

The proposed plan is available for public inspection beginning August 1, 2012 at the following location during regular business hours:

Office of Whitley County Judge/Executive

Pat White, Jr.

200 Main Street, 2nd Floor

Williamsburg, KY 40769

Additional information about this plan can be obtained by contacting:

Amber Owens

Whitley County Project Director

aowens@2geton.net

(606) 549-6000

Anyone unavailable to review the plan at the above locations may call or email and request that a copy be mailed or emailed to them.

Any person wishing to comment on the plan may do so by providing comments no later than the close of business on the 30th day of this public notice (August 30, 2012), to the Whitley County Fiscal Court, Williamsburg, KY 40769.  Any person wishing to be heard at a public hearing must make a request via telephone, fax, email, or written communication, to the governing body identified above, no later than 4 p.m. on the 30th day, Thursday, August 30, 2012.

A public hearing is scheduled on August 31, 2012 at 10 a.m. to receive public comments on the plan.  The hearing will be held in the Whitley County Fiscal Court room on the second floor of the courthouse.  However, if no request for a public hearing has been received by close of business, 4:00 p.m., August 30, 2012, the hearing may not be held.

The Whitley County Fiscal Court will respond to all written public comments within fifteen days after the end of the public comment period and will consider the plan for passage at the September 18, 2012 fiscal court meeting at 6 p.m.  The plan, if approved, will then be submitted to the Kentucky Energy and Environment Cabinet for review and approval.

Amber L. Owens

Project Development Director

Whitley County Fiscal Court

(606) 549-6012 - Office

(606) 304-6112 - Cell

(606) 549-6095 - Fax

aowens@2geton.net

 

 

 

 

Notice of Intention to Mine

Pursuant to Application Number 918-0435

In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC; 332 W. Cumberland Gap Pkwy., Suite 100; Corbin, Kentucky 40701 has applied for a permit for a surface coal mining and reclamation operation. The proposed operation will disturb 65.3 surface acres and will underlie 17.4 acres, and the total area within the permit boundary will be 82.7 acres. The proposed operation is located approximately 0.5 miles south west of Hamblin Hollow Road’s intersection with Poplar Creek Road, and approximately 2.5 miles north east of the community of Verne, in Whitley County, Kentucky.

The proposed operation is located on the Saxton U.S.G.S. 7 1/2 minute quadrangle map. The operation will use the Contour and Auger methods of mining. The surface area is owned by Nancy Monhollen, Marjorie Randle, Kenneth Monhollen, Katherine Monhollen, Fay Wilson, Emile Patry, Nancy Patry, Diana Horn, and Karen Hamblin. The operation will affect an area within 100 feet of Hamblin Hollow road and Randle Cemetery road. The operation will not involve relocation and/or closure of a public road.

This is the final advertisement of this application. All comments, objections or requests for a permit conference must be received within thirty (30) days of today’s date. The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office; 1804 East Cumberland Avenue; Middlesboro, Kentucky 40965-1229. Written comments, objections, or requests for a permit conference must be filed with the Director; Division of Permits; #2 Hudson Hollow Road, U.S. 127 South; Frankfort, Kentucky 40601.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 08-CI-969

Forcht Bank, NA, successor in interest to Laurel National Bank, Plaintiff, VS. Gregory J. Wilcheck; Debra L. Wilcheck; Whitaker Bank, Inc.; Whitley County, Kentucky; Bank of America, N.A.; Commonwealth of Kentucky – Finance and Administration Cabinet, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 11, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment for the Defendant, Bank of America, N.A., against the Defendants, Gregory J. Wilcheck and Debra L. Wilcheck, plus costs, is as follows:

(1) The principal sum in the amount of $234, 648.60, plus interest from 10/1/08 in the amount of $42,937.16, plus late charges in the amount of $223.68, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $30,304.86, for a total in the amount of $308,114.30, together with interest at the rate of 5.375% 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 fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 177 Secretariat Trail, Corbin, KY 40701.

The property to be sold is as follows:

Lot No. 361 of the Tattersall Trails Estates as shown by map and plat of said subdivision which is duly recorded in Map Book 3, at page 51 in the Whitley County Court Clerk’s office in Williamsburg, Kentucky.

The said property is subject to protective and restrictive covenants as set forth in Miscellaneous Record Book 30, at page 445-448, in the Whitley County Court Clerk’s Office in Williamsburg, Kentucky.

Being the same real property conveyed to Gregory J. Wilcheck and wife, Debra L. Wilcheck, dated February 26, 1998, of record in Deed Book no. 399, Page 230, 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 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 30th day of July, 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. 10-CI-582

U.S. Bank National Association, as Trustee for JPMorgan Mortgage Acquisition Trust 2006-HE2, Asset Backed Pass-Through Certificates, Series 2006-HE2, Plaintiff, VS. Donna Dean; Mortgage Electronic Registration Systems, Inc.,  Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 11, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Donna Dean, plus costs, is as follows:

(1) The principal sum in the amount of $104,482.04, plus pre-acceleration late charges in the amount of $22.41, plus interest from 03/1/10 in the amount of $9,433.49, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $14,438.71, plus property inspection in the amount of $370.00, for a total in the amount of $128,746.65 together with interest at the rate of 4.2500 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 fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 334 Kelso Trail, Corbin, KY 40701.

Being Lot No. 238 of the Tattersall Trails Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 43, Whitley County Court Clerk’s Office, and to which map or plat reference is hereby made for a more full and complete description of said lot.

Being the same property conveyed to Donna Dean by deed dated April 21, 2006 and recorded at Deed Book 468, Page 679, Whitley County Clerk’s records.

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 30th day of July, 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-738

JPMorgan Chase Bank, National Association, Successor by merger To Chase Home Finance LLC, Plaintiff,  VS. Billy J. Watson, Defendant.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 4, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Billy J. Watson, plus costs, is as follows:

(1) The principal sum in the amount of $82,872.34, plus interest from 05/1/10 in the amount of $10,545.84, plus late charges in the amount of $65.70, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,665.62, plus property inspection fees in the amount of $402.00, plus property preservation in the amount of $28.00, for a total in the amount of $96,579.50, 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 $1,350.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 93 Mike Kelly Road, Williamsburg, KY 40769.

“TRACT II”: Beginning at a stake in the edge of Mart Baird’s line and running with blacktop road in a southwestern direction 460 feet to Nat Walker’s line, and running thence with the Nat Walker line in a northeastern direction 1300 feet to a poplar; thence in a northwestern direction 350 feet to the line of Mart Baird, excepting however therefrom a twenty foot roadway as now located crossing the above land.

Said property was conveyed to Billy J. Watson, by Bradley W. Walker, single and Rebecca J. Canada, single, on March 22, 2007, by deed recorded on March 26, 2007, in Deed Book 473, Page 782, in 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 30th day of July, 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-826

HSBC Bank USA, National Association, as Indenture Trustee of the FBR Securitization Trust 2005-1, Callable Mortgage- Backed Notes Series 2005-1, Plaintiff,  VS. Sheila Hinkle; Jamos Fund I LP, Defendants. #video_holder { margin-top:0px; } #toppanel { top:-20px} .tab {clear:both;float:right;} #content-wrap { top:10px; }