Master Commissioner Auction
Property 1: 5 Acres
Property 2: 27 Acres, House, Barn, Shed in Tracts
Friday, November 15th at 1:30 p.m.
** Both Properties to be sold at the Property #1 premises, located near the
junction of Hwy 461 and Hwy 150, Mt. Vernon, KY
COMMONWEALTH OF KENTUCKY
28TH JUDICIAL CIRCUIT
ROCKCASTLE CIRCUIT COURT
DIVISION I
CIVIL ACTION NO. 12-CI-00265
TED DURHAM, ET UX, PLAINTIFFS
V.
BENTLEY DURHAM, ET AL., DEFENDANTS.
Pursuant to an amended judgment and order of sale entered in this partition action on August 26, 2013 I will offer at public auction the hereinafter described real property in Rockcastle County, Kentucky.
PARCEL 1 (located in Orlando, Kentucky):
Beginning at a black oak at the center of the point on top of the cliff; thence a straight line to a stone corner in Jack Allen and Jarve Johnson line; thence to an oak stump in Jack Allen field; thence a straight line to the cliff; thence with the cliff to the beginning corner containing five acres more or less.
PARCEL 2 (now divided into the following tracts) located on Highway 150, Mt. Vernon, Kentucky:
Tract 1: Consists of 0.789 acres and is located between the old Hwy 150 and the new Hwy 150.
Tract 2: Consists of 4.859 acres and is mostly wooded.
Tract 3: Consists of 6.571 acres. There is a barn on this tract.
Tract 4: Consists of 1.282 acres.
Tract 5: Consists of 2.688 acres and is improved with the pictured home. This Bedford Stone house features 2,000+ square feet of living area, a large eat-in Kitchen, Formal Dining Room, large Living room with Bedford Stone fireplace, 3 Bedrooms, and 1 ½ baths. Other amenities include: hardwood flooring, a screened in porch, and an attached garage. This house needs work but is repairable.
Tract 6: Consists of 3.957 acres.
Tract 7: Consists of 2.108 acres.
Tract 8: Consists of 2.243 acres.
Tract 9: Consists of 1.370 acres.
Tract 10: Consists of 1.352 acres.
Ted Durham, Bentley Durham, Geraldine French, Iverene Brooks and Estelle Martin obtained their interest in PARCEL 1 of the real property by the intestate death of Ida Durham as shown in Affidavit of Descent of record in Deed Book 204, Page 72 in the Office of the Rockcastle County Clerk. Ida Durham and Walter Durham obtained title to the real property by survivorship deed dated January 3, 1966, executed by Clarence Carter, et ux. and recorded in Deed Book 85, page 26 in the Office of the Rockcastle County Clerk. Walter Durham predeceased Ida Durham.
Ted Durham, Bentley Durham, Geraldine French, Iverene Brooks and Estelle Martin obtained their interest in PARCEL 2 of the real property by the intestate death of Ida Durham as shown in Affidavit of Descent of record in Deed Book 204, Page 72 in the Office of the Rockcastle County Clerk. Ida Durham obtained Walter Durham’s interest in the real property by the Last Will and Testament of said Walter Durham of record in Will Book 5, page 367 in the Office of the Rockcastle County Clerk. Walther Durham obtained title to the real property by deed dated April 26, 1952, executed by J. M. Bullock, et ux. of record in Deed Book 72, page 134 and by deed dated June 4, 1953, executed by Ben French, et ux. of record in Deed Book 72, page 204 both in the Office of the Rockcastle County Clerk.
THE PROPERTY SHALL BE SOLD UPON THE FOLLOWING TERMS AND CONDITIONS:
1. Parcel 1 shall be sold as a whole and separate from Parcel 2.
2. Parcel 2 shall first be sold as separate Tracts as set out herein and then be grouped together in such manner as the Auctioneer sees fit.
3. The real property shall be sold for cash or upon a credit of sixty (60) days with the purchaser(s) required to pay a minimum of ten percent (10%) of the purchase price in cash on the date of sale and to secure the balance with a bond approved by the Master Commissioner. Methods of payment are cash or check.
4. The bond shall bear interest at the rate of twelve percent (12%) per annum until paid in full. The bond shall have the force and effect of a judgment and shall be and remain a lien upon the property sold as additional surety for the payment of the purchase price.
5. Unpaid taxes of record at the time of entry of judgment shall be paid out of the proceeds of the sale.
6. The purchaser(s) shall pay the 2013 local, county and state property taxes.
7. The purchaser(s) shall have possession of the real property upon compliance with the terms of the sale.
8. 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”.
NOTE: The purchaser of a single-family residence built before 1978 has a maximum of 10 days to inspect the property for the presence of lead-based paint. The period for inspection begins November 5th through 14th. The successful bidder must sign a waiver of the 10-day post sale inspection period.
Announcements days of sale take precedence over printed matter.
Contact Ford Brothers Auctioneers for additional information or logon to www.fordbrotherisnc.com.
John D. Ford, Master Commissioner - Rockcastle Circuit Court
Sam Ford, Auctioneer
1. Parcel 1 shall be sold as a whole and separate from Parcel 2.
2. Parcel 2 shall first be sold as separate Tracts as set out herein and then be grouped together in such manner as the Auctioneer sees fit.
3. The real property shall be sold for cash or upon a credit of sixty (60) days with the purchaser(s) required to pay a minimum of ten percent (10%) of the purchase price in cash on the date of sale and to secure the balance with a bond approved by the Master Commissioner. Methods of payment are cash or check.
4. The bond shall bear interest at the rate of twelve percent (12%) per annum until paid in full. The bond shall have the force and effect of a judgment and shall be and remain a lien upon the property sold as additional surety for the payment of the purchase price.
5. Unpaid taxes of record at the time of entry of judgment shall be paid out of the proceeds of the sale.
6. The purchaser(s) shall pay the 2013 local, county and state property taxes.
7. The purchaser(s) shall have possession of the real property upon compliance with the terms of the sale.
8. 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”.
NOTE: The purchaser of a single-family residence built before 1978 has a maximum of 10 days to inspect the property for the presence of lead-based paint. The period for inspection begins November 5th through 14th. The successful bidder must sign a waiver of the 10-day post sale inspection period.
Announcements days of sale take precedence over printed matter.
Overview
Under Contract: Yes