Volume 51, Number 35

twelve pages

Byrdstown, Tennessee 38549 -- Thursday, August 28, 2014

Legal Notices

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 Registerís 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. Zacharyís and Ermine Brown Trustyís 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 Asberryís line 5-3/4 poles to a rock; thence Eastward with Omer Davidson line to a rock in the Southeast corner of Omar Davidsonís lot; thence Northward with Davidsonís 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 Registerís 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 Registerís 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 Registerís 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 Registerís 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.
INTERESTED PARTIES:
Estate of William H. Pemberton
1024 Beason Road
Byrdstown, TN 38549
and
Carol Ann Pemberton
2507 Blair Road
Russell Springs, KY 42642
and
Kerry Jean Conklin
518 Moser
Louisville, KY 40223
and
Liberty Towers, LLC
51 Monroe Street
Plaza East 7
Rockville, Maryland 20850-2343
and
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
Substitute Trustee
103 West Main Street
P.O. BOX 340
BYRDSTOWN, TN 38549
931-864-6208 #021403
8-21,28,9-4np
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