NOTICE OF SALE UNDER DEED OF TRUST
WHEREAS, by Deed of Trust dated August 7, 2008, and recorded in Book 108, Page 611, Register's Office, Pickett County, Tennessee, WILLIAM H. PEMBERTON, conveyed in trust to James E. Elder, Trustee, the property hereinafter described to secure the payment of one promissory note dated August 7, 2008, and payable to People's Bank and Trust Company of Pickett County, the note referred to in said Deed of Trust, and
WHEREAS, a Substitution of Trustee has been executed naming James Reed Brown, as Substitute Trustee, by instrument dated July 21, 2014, and recorded in the Register’s Office for Pickett County, Tennessee, in Book 140, Page 692, and
WHEREAS, default has occurred according to the terms and conditions of the note and the holder of said note has declared the entire balance due and payable and has instructed the Substitute Trustee to foreclose under said Deed of Trust, and
WHEREAS, said Deed of Trust waives the right of equity of redemption,
homestead, dower and all other exemptions of every kind.
NOW, THEREFORE, by virtue of the authority vested in me as Substitute Trustee under said instrument, I will on THURSDAY, SEPTEMBER 25, 2014, AT 11:00 A.M., prevailing time, offer for sale and sell at the North door of the Pickett County Courthouse, Byrdstown, Tennessee, to the highest, last and best bidder for cash, the real estate conveyed in said Deed of Trust, and described as follows:
Lying and being in the Third Civil District of Pickett County, Tennessee, and being more particularly described as follows:
BEGINNING on a rock on the South side of State Highway No. 28, known as J.K. Zachary’s and Ermine Brown Trusty’s corner; thence Southward 673 poles to a rock; thence Westward passing through the center of a pine tree a distance of 23 poles to a rock; thence Northward with Asberry’s line 5-3/4 poles to a rock; thence Eastward with Omer Davidson line to a rock in the Southeast corner of Omar Davidson’s lot; thence Northward with Davidson’s line to Highway No. 28 to the beginning corner, containing 2 acres, more or less.
However, there is expressly EXCLUDED from the above described tract of land the following two tracts, to-wit:
1. General Warranty Deed from Fannie O. Pemberton conveying a tract of land to George T. Pemberton, said deed being dated May 23, 1962, and recorded on May 29, 1962, of record in the Register’s Office for Pickett County, Tennessee, in Deed Book 15, Page 362.
2. General Warranty Deed from Fannie Pemberton conveying a tract of land of approximately 1/5th acre to Stanley Cummings et ux Opha Cummings, dated August 12,1964, of record in the Register’s Office for Pickett County, Tennessee, in Deed Book 22, Page 111.
Previous and last conveyance being a Warranty Deed from Knoxie Pemberton, Administrator of the Estate of Fannie Olive Pemberton, deceased, to William H. Pemberton, by deed dated February 3, 1978, and recorded in the Register’s Office for Pickett County, Tennessee, in Deed Book 22, Page 131.
Reference is made to a Memorandum/Notice Of Lease from William H. Pemberton to Liberty Towers, LLC, dated January 31, 2011, and recorded in Book 133, Page 376, in the Register’s Office for Pickett County, Tennessee.
Tax Map 5, Parcel 7.00.
Property address based on public records is 5875 North York Highway, Byrdstown, TN 38549
The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.
Said sale shall be subject to any restrictions, reservations, conditions and liens of record applicable to said property, and is further subject to any County real property taxes against said property.
Estate of William H. Pemberton
1024 Beason Road
Byrdstown, TN 38549
Carol Ann Pemberton
2507 Blair Road
Russell Springs, KY 42642
Kerry Jean Conklin
Louisville, KY 40223
Liberty Towers, LLC
51 Monroe Street
Plaza East 7
Rockville, Maryland 20850-2343
PEOPLE'S BANK AND TRUST
COMPANY OF PICKETT COUNTY
19 Courthouse Square,
Byrdstown, TN 38549
Holder of the Indebtedness
THIS 15th day of August, 2014.
JAMES REED BROWN
103 West Main Street
P.O. BOX 340
BYRDSTOWN, TN 38549
Notice To Creditors
Estate of Danny Dwight Dowdy
Notice is hereby given that on the 15 day of August, 2014, Letters Testamentary of Administration, in respect of the Estate of Danny Dwight Dowdy who died July 30, 2014, were issued to the undersigned by the Probate Clerk of Pickett County, Tennessee.
All persons, resident and non-resident, having claims, matured or unmatured against his Estate are required to file the same with the clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2), otherwise their claims will be forever barred.
(1)(A) Four months from the date of the first publication (or of the posting, as the case may be) of this notice if the creditor received an actual copy of this notice at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or
(B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1)(A); or (2) Twelve (12) months from the decedent's date of death.
This 15 day of August, 2014.
Pauletta Dowdy, Executrix
Estate of Danny Dwight Dowdy
Larry Brown, Probate Clerk
Phillips M. Smalling, Attorney