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NOTICE OF DEFAULT AND INTENTION TO SELL
YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION.
IF YOUR PROPERTY IS SOLD, YOU WILL REMAIN LIABLE FOR ANY DEFICIENCY WHICH THEN EXISTS AND AN ACTION FOR COLLECTION MAY BE BROUGHT AGAINST YOU.
WHEREAS, on March 20, 2000, Charles E Erwin and Kathleen S Erwin executed a security instrument conveying certain property therein described to Homeland Mortgage Company; and
WHEREAS, said instrument was duly recorded March 30, 2000, in Book No. 592, at Page 844, in the real estate records of Clark County, Arkansas; and
WHEREAS, the default is due to missed payments beginning with a due date of June 24, 2019 under the terms of the Note and indebtedness. Because of the failure to fully cure the default the indebtedness was accelerated and is wholly due. The Mortgagee has requested the property be sold to satisfy said indebtedness, together with all fees and costs associated with these proceedings continuing to accrue, pursuant to the terms and conditions of the promissory note and security instrument.
WHEREAS, mortgagee or beneficiary has complied with the conditions to exercise the power of sale as set for in ACA §18-50-103. The party initiating this action is Fifth Third Bank, National Association, Madisonville Operations Center 5001 Kingsley Drive, Mail Code MD 1MOBBW, Cincinnati, OH 45227 , (800) 375-1745
NOW, THEREFORE, Wilson & Associates, P.L.L.C., as Attorney-in-Fact or as Trustee,, by virtue of the power, duty, and authority vested in and imposed upon it, will, on March 2, 2021, at or about 3:45 PM at the Clark County Courthouse, Arkadelphia, Arkansas, offer for sale certain property hereinafter described to the highest bidder for cash, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the mortgage, said property being real estate situated in Clark County, Arkansas, and being more particularly described as follows:
A part of the S 1/2 NE 1/4, Section 26, Township 7 South, Range 20 West described as follows: Commence at the Northwest corner of the S 1/2 NE 1/4, Section 26, thence run South 88 degrees 00 minutes East 524 feet to a point on the center of the county road, the point of beginning; thence run South 45 degrees 28 minutes West 404 feet to a point on the county road; thence South 39 degrees 02 minutes West 60 feet to a point the center of the county road; thence South 83 degrees 5 minutes East 930 feet to a point on the West bank of Deceipher Creek; thence along west bank of the creek North 04 degrees 00 minutes East 148 feet; thence South 80 degrees 20 minutes West 150 feet; thence North 16 degrees 00 minutes West 187 feet; thence North 48 degrees 20 minutes West 197 feet to a point on the North boundary of the 80 acre tract; thence North 88 degrees 00 minutes West 262 feet to the Point of Beginning. Containing 5.45 acres, more or less.
More commonly known as: 49 Deceiper Hill Road, Arkadelphia, AR 71923
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.
The sale held pursuant to this Notice may be rescinded at any time. 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. In the event of inclement weather, the right is reserved to postpone the sale to a date to be specified via mailed notices. THE SALE OF THIS PROPERTY WILL BE AUCTIONED WITH RESERVE. THE TERMS OF SALE ARE CERTIFIED FUNDS PAID AT THE CONCLUSION OF THE SALE, OR CREDIT BID FROM A BANK OR OTHER LENDING ENTITY PRE-APPROVED BY THE SUCCESSOR TRUSTEE. W&A No. 343596
WILSON & ASSOCIATES, P.L.L.C.
400 West Capitol Avenue
Suite 1400
Little Rock, AR 72201
(501) 219-9388
Email: Info@TheWilsonLawFirm.com
75363681f Show more »
YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION.
IF YOUR PROPERTY IS SOLD, YOU WILL REMAIN LIABLE FOR ANY DEFICIENCY WHICH THEN EXISTS AND AN ACTION FOR COLLECTION MAY BE BROUGHT AGAINST YOU.
WHEREAS, on March 20, 2000, Charles E Erwin and Kathleen S Erwin executed a security instrument conveying certain property therein described to Homeland Mortgage Company; and
WHEREAS, said instrument was duly recorded March 30, 2000, in Book No. 592, at Page 844, in the real estate records of Clark County, Arkansas; and
WHEREAS, the default is due to missed payments beginning with a due date of June 24, 2019 under the terms of the Note and indebtedness. Because of the failure to fully cure the default the indebtedness was accelerated and is wholly due. The Mortgagee has requested the property be sold to satisfy said indebtedness, together with all fees and costs associated with these proceedings continuing to accrue, pursuant to the terms and conditions of the promissory note and security instrument.
WHEREAS, mortgagee or beneficiary has complied with the conditions to exercise the power of sale as set for in ACA §18-50-103. The party initiating this action is Fifth Third Bank, National Association, Madisonville Operations Center 5001 Kingsley Drive, Mail Code MD 1MOBBW, Cincinnati, OH 45227 , (800) 375-1745
NOW, THEREFORE, Wilson & Associates, P.L.L.C., as Attorney-in-Fact or as Trustee,, by virtue of the power, duty, and authority vested in and imposed upon it, will, on March 2, 2021, at or about 3:45 PM at the Clark County Courthouse, Arkadelphia, Arkansas, offer for sale certain property hereinafter described to the highest bidder for cash, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the mortgage, said property being real estate situated in Clark County, Arkansas, and being more particularly described as follows:
A part of the S 1/2 NE 1/4, Section 26, Township 7 South, Range 20 West described as follows: Commence at the Northwest corner of the S 1/2 NE 1/4, Section 26, thence run South 88 degrees 00 minutes East 524 feet to a point on the center of the county road, the point of beginning; thence run South 45 degrees 28 minutes West 404 feet to a point on the county road; thence South 39 degrees 02 minutes West 60 feet to a point the center of the county road; thence South 83 degrees 5 minutes East 930 feet to a point on the West bank of Deceipher Creek; thence along west bank of the creek North 04 degrees 00 minutes East 148 feet; thence South 80 degrees 20 minutes West 150 feet; thence North 16 degrees 00 minutes West 187 feet; thence North 48 degrees 20 minutes West 197 feet to a point on the North boundary of the 80 acre tract; thence North 88 degrees 00 minutes West 262 feet to the Point of Beginning. Containing 5.45 acres, more or less.
More commonly known as: 49 Deceiper Hill Road, Arkadelphia, AR 71923
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose.
The sale held pursuant to this Notice may be rescinded at any time. 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. In the event of inclement weather, the right is reserved to postpone the sale to a date to be specified via mailed notices. THE SALE OF THIS PROPERTY WILL BE AUCTIONED WITH RESERVE. THE TERMS OF SALE ARE CERTIFIED FUNDS PAID AT THE CONCLUSION OF THE SALE, OR CREDIT BID FROM A BANK OR OTHER LENDING ENTITY PRE-APPROVED BY THE SUCCESSOR TRUSTEE. W&A No. 343596
WILSON & ASSOCIATES, P.L.L.C.
400 West Capitol Avenue
Suite 1400
Little Rock, AR 72201
(501) 219-9388
Email: Info@TheWilsonLawFirm.com
75363681f Show more »