BY VIRTUE OF A DECREE AND ORDER OF SALE OF THE WARREN CIRCUIT COURT, the Master Commissioner will sell at public auction the real property in the following action on Monday, September 28, 2009, about the hour of 5 p.m., on the site of the premises located at 1916 Homer Murray Road, Bowling Green, Kentucky. Said property shall be sold to collect the amounts hereinafter set forth, together with interest and the costs of the action, and upon the following terms and conditions (unless otherwise stated).

  1. There will be a seven percent (7%) buyer’s premium added to successful bid to determine sale price of real estate. The purchasers will be required to pay ten percent (10%) down the day of sale and post bond on the remainder with the balance due in thirty (30) days. Said bond will bear interest at the rate of twelve percent (12%) per annum upon the unpaid balance from the date of sale until paid in full.

The Master Commissioner will retain a lien on the property sold to secure the sale price. If the purchaser elects to post bond, he/she will be required to provide sufficient surety thereon at the sale. Please contact the Master Commissioner’s Office prior to the sale with questions regarding approved surety at 842-0614. Occasionally, additional announcements are published on our webpage at

  1. The property is sold subject to the following:

a. State, county, city, and school taxes payable for the entire year of 2009.

and all taxes due thereafter

  1. Easements, restrictions, and covenants of record.
  2. Assessments for public improvements levied against the property.
  3. Any facts which an inspection or accurate survey of the property may disclose.
  1. The property shall otherwise be sold free and clear of any and all right, title, and interest of all parties to this action and of their liens and encumbrances thereon except such right of redemption as may exist in favor of the United States of America or the defendants.
  1. For a more particular description of these properties, reference is made to the file on record at the Warren Circuit Clerk’s Office on the first floor of the Justice Center.

MONTICELLO BANKING COMPANY vs. HENSON HOMES, LLC, TODD HENSON, a/k/a MITCHELL T. HENSON, KIM HENSON, a/k/a KIMBERLY HENSON, SOUTH CENTRAL BANK OF BOWLING GREEN, KY, INC., AMERICAN BANK & TRUST COMPANY, CITICAPITAL COMMERCIAL CORPORATION, pending in the Warren Circuit Court, Division No. II, Civil Action No. 09-CI-319, to collect the principal sum of $485,334.98, interest at a rate of $90.24 per dayfrom and after July 21, 2009until paid, plus additional fees, costs, and

expenses.

Parcel I:

Being Lot No. 4 as recorded of record in Minor Subdivision Plat Book 21, Page 117, in the Office of the Warren County Court Clerk.

Parcel No. II

Lot 1 consisting of 13.92 acres and Lot 2 consisting of 8.20 acres as set forth in Plat Book 39, Page 42 in the Office of the Clerk of the Warren County Court.

The lots are to be auctioned separately with the possibility of being combined and sold to one buyer.

Being a portion of the same property conveyed unto Todd Henson and wife, Kimberly Henson by deed dated June 30, 2000, of record in Deed Book 808, Page 336, in the Office of the Warren County Court.

JERRY A. BURNS, ATTORNEY FOR PLAINTIFF

Open House: Sunday, September 20, 2009 2-4pm.

DAVID F. BRODERICK, MASTER COMMISSIONER

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing was this _____ day of ______2009, placed in the U.S. Mail addressed to the following:

Hon. Jerry A. Burns
1719 Ashley Circle, Suite 120
Bowling Green, KY42104
Hon. Larry F. Hinton
PO Box 4000
Bowling Green, KY42102
Henson Homes, LLC
Hon. Darell R. Pierce
908 State St.
Bowling Green, KY42101
Todd Henson
1916 Homer Murray Road
Bowling Green, KY42104
Kim Henson
1916 Homer Murray Road
Bowling Green, KY42104
American Bank & Trust Company
c/o Thomas J. Smith
PO Box 688
Bowling Green, KY42102
Citicapital Commercial Corp.
c/o Paul Schaffer
450 Mamoroneck Ave.
Harrison, NY10528
Hon. Mark Flener
PO Box 8
Bowling Green, KY42102

______

DAVID F. BRODERICK, MASTER COMMISSIONER

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