Master Commissioner Auction
4 Properties:
Property 1: 28 Acres +/- (by the boundary)
Property 2: 18.72 acres by survey (as a whole)
Property 3: 100 acres +/- (by the boundary)
Property 4: 70 acres +/- by survey (in tracts)
Friday, May 1st, 2015 @ 1:30 p.m.
Hwy 461 – Rockcastle/Pulaski County line & Hwy 934 – Pulaski County
LOCATIONS: Properties 1, 2, & 3 – are located on Hwy 461 near Mt. Pleasant Baptist Church at the Pulaski/Rockcastle County line. Property 4 – Turn off of Hwy 461 on to Hwy 934 and proceed approx. 3 miles to the property *** All four properties will sell from Property #4 location.
Jerome Fish, acting as the Rockcastle County Special Master Commissioner, in conjunction with the Rockcastle County Circuit Court, has authorized our firm to sell these properties. This case is referenced as:
ROCKCASTLE CIRCUIT COURT
CIVIL ACTION NO. 14-CI-00263 DIVISION II
Citizen’s Bank v. Gary Pennington, Margaret Pennington,
PBK Bank, Inc., Rockcastle County, Kentucky, Pulaski County, Kentucky,
United States of America, Department of Treasury, Internal Revenue Service, Independent Capital Holdings, LLC and Scott Wolfe
Property 1: One lot of land with all improvements thereon, situated in Rockcastle County, Kentucky, on the waters of Brush Creek and described as follows:
BEGINNING at a sink hole near the top of the hill in AC Sowders and shell line; thence S. 88 W 104 poles passing just south of elm tree spring to a stone at the wire fence; then N. 30 ½ W. 97 poles and 12 links to a stone on top of a ridge, Mullins, Hampton Sowders’ corner; thence with Hampton’s line to Burchett Broyles corner; thence with Broyles line to a County road near the Chappel; thence with the road to the Somerset and Mt. Vernon Road; thence with the same to the old County line; thence with the old County line to James Heads line; thence with said Line to Shell line; thence with Shell’s line to the beginning corner, containing 50 acres more or less.
THERE IS HEREBY EXCEPTED from the above tract the following described property previously conveyed by Deed of Conveyance of record at Deed Book 159, Page 463, Rockcastle County Court Clerk’s Office, Kentucky.:
A certain tract or parcel of land located in Rockcastle County, Kentucky, in the Level Green section, and more particularly bounded and described as follows:
BEGINNING at a ½” conduit with plastic cap stamped RLS #2773 in the line of Earnest Poynter and a corner to Fairbanks Pennington, said point being S 27 degrees 26’ 47” E 498.91 feet from a post corner to Earnest Poynter and Fairbanks Pennington; thence going with the line of Poynter N 26 degrees 40’01” W 560.52 feet to a ½“conduit with plastic cap stamped RLS #2773; S 26 degrees 40’37”E 554.43 feet to a ½“ conduit with plastic cap stamped RLS #2773; N 65 degrees 00’00” E 233.0 feet to the point of beginning and containing 2.98 acre. Survey by C. Douglas Mullins, Registered Land Surveyor No. 2773.
Grantors further grant unto grantees, their successors and assigns, a 20’ wide easement for ingress and egress leading from State Highway No. 461 to the above described property. Easement is to be 20’ south of and parallel to the following calls: Beginning at a ½“conduit with plastic cap stamped RSL #2773; said pint being the southwest corner of the above described property; thence S 27 degrees 26’47” E 498.91 feet; S 85 degrees 14’15” E 125.08 feet to the right of way of State Highway No. 461. This easement shall run with the land.
There is excluded from the above described real property that portion conveyed to the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways, by Deed executed by Reginald Fairbanks Pennington and wife, Dessie Pennington, on March 10, 1989, and being recorded in Deed Book 136, page 438.
There is further excluded from the above property, 18.72 acres, as described below in Property #2.
Being the remainder of the same real property Mortgagors obtained by February 21, 1996, from Reginald Fairbanks Pennington a/k/a Pennington and wife, Dessie Pennington, of record in Deed Book 160, page 481, in the Office of the Rockcastle County Clerk, Mt. Vernon, Kentucky.
Property 2: A certain tract or parcel of land located on the west side of highway 461 in Rockcastle County, Kentucky approximately at the junction of highway 934.
Beginning on a capped iron pin set on the north right of way of highway 934, said pin being a corner with Charles Napolitano (deed book 750 page 067);
Thence with the line of Napolitano north 16 degrees 01 minutes 31 seconds east for a distance of 597.59 feet to a stone @ a 20 inch cedar old ribbon, said stone being a corner with Napolitano;
Thence with the line of Napolitano, Arney Gilreath (deed book 670 page 699), Larissa Watkins (deed book 879 page 283), and Rachelle Zamore (deed book 879 page 094) north 34 degrees 48 minutes 48 seconds west for a distance of 1123.69 feet to a ½ inch iron pin found with no cap, said pin being a corner with Michael stull (deed book 881 page 074);
Thence with the line of stull north 35 degrees 52 minutes 48 seconds west for a distance of 735.39 feet to a ½ inch iron pin found with no cap, said pin being a corner with Wilburn Thompson (deed book 547 page 549);
Thence with the line of Thompson north 55 degrees 30 minutes 59 seconds east for a distance of 456.82 feet to a 20 inch hickory with a capped ½ inch pin 2463 at the base, said hickory being a corner with Douglas lamb (deed book 205 page 432);
Thence with the line of lamb south 33 degrees 58 minutes 26 seconds east for a distance of 510.61 feet to a ½ inch steel conduit 2773-found, said conduit being a corner with Gary Pennington (deed book 224 page 032);
Thence with the line of Pennington south 56 degrees 52 minutes 44 seconds west for a distance of 233.00 feet to a ½ inch steel conduit 2773- found, said conduit being a corner with Pennington;
Thence with the line of Pennington south 33 degrees 18 minutes 04 seconds east for a distance of 554.43 feet to a 1/2 inch steel conduit 2773-found, said conduit being a corner with Pennington;
Thence with the line of Pennington north 58 degrees 21 minutes 59 seconds east for a distance of 202.99 feet to an capped iron pin set on the west side of a thirty foot ingress egress easement, said pin being a corner in the line of Pennington;
Thence with the line of Pennington and crossing over a 30 foot ingress egress easement north 58 degrees 21 minutes 59 seconds east for a distance of 30.00 feet to a capped iron pin set, said pin being a corner in the line of Douglas lamb (deed book 209 page 246);
Thence with the line of lamb south 33 degrees 32 minutes 17 seconds east for a distance of 576.95 feet to a ½ inch capped iron pin found 2463 at a post, said pin being a corner with lamb;
Thence with the line of lamb north 84 degrees 24 minutes 17 seconds east for a distance of 134.35 feet to a capped iron pin set in the west right of way of highway 461 (sheet 17 of 293-ssp-100-0461-000-009)(right of way varies;
Thence running with the right of way fence of highway 461 south 15 degrees 05 minutes 55 seconds west for a distance of 32.85 feet to a brace post;
Thence with the west right of way of highway 461 south 18 degrees 08 minutes 22 seconds west for a distance of 20.77 feet to a capped iron pin set on the north side of a 30 foot ingress egress easement;
Thence with the west right of way of highway 461 and crossing a 30 foot ingress easement south 18 degrees 08 minutes 22 seconds west for a distance of 30.00 feet to a capped iron pin set on the south side of a thirty foot ingress egress easement;
Thence with the west right of way of highway 461 south 17 degrees 56 minutes 43 seconds west for a distance of 206.02 feet to a brace post,;
Thence with the west right of way of highway 461 south 18 degrees 13 minutes 56 seconds west for a distance of 431.61 feet to a brace post;
Thence with the west right of way of highway 461 south 04 degrees 53 minutes 29 seconds west for a distance of 265.46 feet to a brace post;
Thence with the west right of way of highway 461 south 61 degrees 53 minutes 53 seconds west for a distance of 98.94 feet to a right of way marker (kydot), said marker being a corner with the north right of way of highway 934 (sheet 26 of 293)(ssp-100-0461-000-009)(right of way varies);
Thence with the north right of way of highway 934 north 88 degrees 19 minutes 21 seconds west for a distance of 181.74 feet to a capped iron pin set which is the point of beginning and having an area of
18.81 acres as surveyed by bobby Hudson, lpls1253 on 04/09/2015.
The above described being a portion of the property conveyed to Gary a Pennington by (deed book 160 page 481) in the records of the Rockcastle county clerk’s office at Mt. Vernon, Kentucky. And being the same deed as filed in (deed book 578 page 224) in the records of the Pulaski County Clerk's office at Somerset, Kentucky.
All corners or witness monuments referred to herein as iron pins set are one-half inch rebar 18 inches long and capped with a one and three quarter inch hard plastic cap with raised lettering saying Bobby Hudson Land Surveying Inc. lpls 1253 Monumentation, except as otherwise noted within the legend block of the above referenced plat or within the above description. All bearings are referenced to the meridian.
This property is subject to any and all rights of way and/or easements of record or in existence at this time and regulations that may apply through planning and zoning.
PROPERTY 3: A certain tract or parcel of land located in Rockcastle County, Kentucky, on the waters of Sinking Valley, and being more particularly described as follows,
BEGINNING at a stone in a drain near a fence; thence running up a drain and a bluff N 15 ½ E 72 poles to a black oak in the Bell line, also A.C. Sowder line; thence N.W. number of poles unknown to a stone; thence W to a stone in a Bell line; thence S.W. with Bell lines to a pile of stones where it intersects the McGulley line; thence S 28 ½ E 56 poles to a stone with two black oaks pointers marked; thence up the drain and across a bluff N 70 E 136 poles to the beginning with a reserve of 5 acres there from nearest the land of Katie Catron leaving a net of 70 acres more or less.
Also a second lying in the same county and state on same waters and Beginning at a stone in the line of the Mink Heirs; thence w to another stone on the side of branch; thence N.W. to another stone in the line of James Head; thence W with said Head’s line to two black oak points at a stone at George Evans and Catherine Catron corner; thence S to George Evans line; thence with said Evans line to a stone at upper edge of road; thence with road calling for another stone; thence s with the fence between George Evans and James Head calling for a stone in Anna and Mary Evans line; thence N calling for another stone at corner of fence in Evans line over a foot of hill to another stone; thence up the branch to another tone at the beginning of the Mink Heirs land being a part of the Bodle farm and contains 50 acres more or less.
Except there from the twenty acres more or less sold by James Head to W.F. Whites and containing in all 100 acres more or less.
There is excluded from the above described real property the portion conveyed to the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways, by Deed executed by Reginald Fairbanks Pennington and wife, Dessie Pennington, on March 10, 1989, and being recorded in Deed Book 136 page 438.
Being the remainder of the same real property Mortgagors obtained by February 21, 1996 from Reginald Fairbanks Pennington a/k/a Pennington and wife, Dessie Pennington, of record in Deed Book 160, page 481, in the Office of the Rockcastle Count Clerk, Mt. Vernon, Kentucky.
PROPERTY 4:
Tract 1: Consists of 5.58 acres with a basement house and barn as recorded in Plat Cabinet E Slide 361as recorded in the Pulaski County Clerk’s Office.
Tract 2: Consists of 8.70 acres and is recorded in Plat Cabinet E Slide 361as recorded in the Pulaski County Clerk’s Office.
Tract 3: Consists of 14.08 acres and is recorded in Plat Cabinet E Slide 361as recorded in the Pulaski County Clerk’s Office.
Tract 4: Consists of 14.96 acres and is recorded in Plat Cabinet E Slide 361as recorded in the Pulaski County Clerk’s Office.
Tract 5: Consists of 14.83 acres and is recorded in Plat Cabinet E Slide 361as recorded in the Pulaski County Clerk’s Office.
Tract 6: Consists of 12.05 acres and is recorded in Plat Cabinet E Slide 361as recorded in the Pulaski County Clerk’s Office.
This being the same real property Mortgagors obtained by Deed dated February 21, 1996, from Reginald Fairbanks Pennington a/k/a Fairbanks Pennington and wife, Dessie Pennington, of record in Deed Book 578, Page 224, in the Office of the Pulaski County Clerk, Somerset, KY.
TERMS: The terms of the sale shall be as follows:
- The sale shall be made subject to all easements, set back lines, restrictions or covenants of record or otherwise and shall be sold “as is”.
- Each surveyed tract shall be sold separately or may be combined with any other tract in the event Ford Brothers, Inc. sells the real property under a multi-parcel format.
- The auction shall take place on the premises and the tracts’ order of sale shall be determined by Ford Brothers.
- The real property shall be sold for cash or upon credit of 30 days with the purchaser required to pay a minimum of twenty percent (20%) of the purchase price in cash on the date of the sale and to secure he balance with a bond bearing interest at the rate of then percent (10%) per annum.
- Unpaid taxes or liens of record at the time of entry of judgment shall be paid out of the proceeds of the sale (subject to the priority set out elsewhere in this judgment).
- The purchaser shall pay the year 2015 Local, County, State and School taxes and all subsequent years on the property.
- The purchaser(s) shall have possession of the real property upon compliance with the terms of the sale.
- In the event the plaintiff is the successful bidder and the sale price does not exceed the amount of the plaintiff’s judgment, no deposit or bond shall be required and the property will be conveyed to the plaintiff in due season upon payment of the expense of the sale.
Auctioneer/Broker/Seller Disclaimer: The information contained herein is believed to be correct to the best of the auctioneer’s knowledge. The information is being provided for the bidder’s convenience and it is the bidder’s responsibility to determine the information contained herein is accurate and complete. The property is selling in its ‘as-is’ condition with no warranties expressed or implied.
Announcements day of sale take precedence over printed matter.
Sam Ford, Auctioneer