Whitesburg KY


Commonwealth of
Letcher Circuit Court
Civil Action No.
Larry Tolliver
Commonwealth CD
Fund, LLC
David Wyatt;
Unknown Spouse of
David Wyatt;
David Johnson;
Capital One Bank;
Citibank (South Dakota), N.A.;
Administrative Office of
The Courts;
City of Jenkins;
First Resolution Investment Corporation;
Commonwealth of
Kentucky, County of
By And On Relation of
Lori Hudson Flanery,
Secretary of Finance
And Administration
Cabinet; And Hazel
Enterprises, LLC

By virtue of a Judgment and Order of Sale and Order Referring Case to Master Commissioner for Judicial Sale entered by the Letcher Circuit Court on August 14, 2020, the undersigned Master Commissioner of the Letcher Circuit Court will offer for sale at the courthouse door of the Letcher County Courthouse in the City of Whitesburg, Kentucky on Monday, September 14, 2020, beginning on or about the hour of 11:15 a.m. local time and continuing until the sale is concluded to the highest bidder at public auction, the following described real property lying in Letcher County, Kentucky: Property Address: Head of Elkhorn Creek Jenkins, Kentucky Map ID: 024-00-00- 027.00 The purchaser or successful bidder can elect to pay cash at the time of said sale or at the option of the bidder on the terms of a deposit of ten percent (10%) of the purchase price with the balance on credit for thirty (30) days. If the purchase price is not paid in full, the successful bidder shall execute a bond at the time of sale with sufficient surety approved by the Master Commissioner. The bond shall bear interest at the rate of 6% (six percent) per annum from the date of sale until paid. There is no mobile home, doublewide and/or manufactured home present on the property. The real property shall be sold free and clear of all liens and encumbrances, except the following: a. The current year ad valorem taxes and all subsequent taxes due thereafter, including attorney fees and costs; b. Easement, restrictions and stipulations of record; c. Assessments for public improvements levied against the property, if any; and d. Any facts which an accurate survey and inspection of the property may disclose. The property shall otherwise be sold free and clear of any right, title or interest of all parties to the action and all liens and encumbrances thereon, excepting easements and restrictions of record in the Letcher County Clerk’s Office and such right of redemption as may exist in favor of the United States of America, arising under 28 U.S.C. 2410 or the Defendant(s). The indebtedness involved in this action is $4,310.04 plus interest at the statutory rate of 6% from the date of entry until paid plus any continuing costs or attorney’s fees; the cost of this action and its costs herein expended, including the cost of the sale. Health and safety measures to include social distancing and the use of facial coverings over the nose and mouth will be required at all sales. DATED this 21st day of August, 2020. Daniel F. Dotson Master Commissioner Letcher Circuit Court (9-2-2b)


In accordance with KRS 350.093, notice is hereby given that Phelps Energy and Resources, LLC, 155 McCoy Caney Road, Phelps, KY 41553 has applied for Phase I, II and III Bond Release on Increment No. 2 and Phase I Bond Release on Increment No. 3 of Permit Number 867-0558, which was last issued on April 28, 2020. Increment No. 2 covers an area of approximately 33.16 acres, Increment No. 3 covers an area of approximately 30.01 acres located 0.38 miles southwest of Van in Letcher County.

The proposed area is approximately 0.38 miles Southwest from the junction of KY 15 & 160 and located adjacent to Hollybush Branch of Smoot Creek. The Latitude is 37 degrees 09 minutes 24 seconds. The Longitude is 82 degrees 53 minutes 07 seconds.

The bond now in effect for Increment No. 2 is a Certificate of Deposit in the amount of one hundred seven thousand dollars ($107,000.00), which is the remaining bond in the application for release.

Reclamation work performed on Increment No. 2 includes: backfilling, final grading, seeding and mulching completed in March 2017.

The bond now in effect for Increment No. 3 is a Cash Bond in the amount of ninety thousand dollars ($90,000.00). Approximately sixth percent (60%) of the bond of ninety thousand ($90,000.00) is included in the application for release.

Reclamation work performed on Increment No. 3 includes: backfilling, final grading, seeding and mulching completed in June 2020.

Written comments, objections, and requests for a public hearing or informal conference must be filed with the Director, Division of Field Services, 300 Sower Blvd., Frankfort, Kentucky 40601, by October 23, 2020.

A public hearing on the application has been scheduled for October 28, 2020 at 10:00 at the Department for Natural Resource’s Hazard Regional Office located at 556 Village Lane, Hazard, KY 41701. The hearing will be canceled if no request for a hearing or informal conference is received by October 23, 2020.

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