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 June 5, 2012, Randall Box and Elisha A Box executed a security instrument conveying certain property therein described to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for FIRSTBANK, its successors and assigns; and WHEREAS, said instrument was duly recorded June 6, 2012, in Book No. DT2012, at Page 9634, and modified on August 28, 2018, in Book No. DT 2018, at Page 12937 in the real estate records of Independence County, Arkansas; and WHEREAS, the default is due to missed payments beginning with a due date of April 1, 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 PennyMac Loan Services, LLC, 3043 Townsgate Road Suite 200, Westlake Village, CA 91361, (866) 549-3583 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 4, 2021, at or about 1:00 PM at the Independence County Courthouse, Batesville, 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 Independence County, Arkansas, and being more particularly described as follows: A tract of land being a part of the NW 1/4 of the SW 1/4 of Section Thirteen (13), Township Thirteen (13) North, Range Six (6) West in the City of Batesville, Independence County, Arkansas, more particularly described as follows: Commencing at the Northeast corner of said NW 1/4 SW 1/4; thence North 89 degrees 27 minutes 16 seconds West along the North line of said NW 1/4 SW 1/4, a distance of 423.66 feet to the East right of way line of Vernon Drive; thence South 54 degrees 18 minutes 31 seconds West along said right of way line a distance of 194.34 feet to the point of beginning; thence South 24 degrees 24 minutes 18 seconds East a distance of 124.69 feet; thence South 02 degrees 48 minutes 18 seconds West a distance of 157.37 feet; thence North 88 degrees 12 minutes 26 seconds West a distance of 210.0 feet; thence North 01 degree 47 minutes 34 seconds West a distance of 200.03 feet to said East right of way line; thence North 74 degrees 18 minutes 31 seconds East along said East right of way line a distance of 65.7 feet; thence along said East right of way line and along a curve to the left, said curve having a radius of 308.56 feet, a distance of 107.71 feet to the point of beginning. More commonly known as: 160 Vernon Drive, Batesville, AR 72501 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. 301785 WILSON & ASSOCIATES, P.L.L.C. 400 West Capitol Avenue Suite 1400 Little Rock, AR 72201 (501) 219-9388 Email: Info@TheWilsonLawFirm.com 75363561f Show more »
NOTICE OF COMMISSIONER’S SALE NOTICE IS HEREBY GIVEN, that pursuant to the authority and directions contained in the decretal order of the Circuit Court of Independence County, entered on November 30, 2020, in Case No. 32CV-20-120, then pending therein between Stone Bank, Plaintiff, and Western Trails Boots, LLC; John W. Burnett, Jr.; Julie Burnett; Tenants or Occupants of 3091 Highway 5 North, El Paso, AR 72045; and Tenants or Occupants of 6202 Batesville Blvd., Pleasant Plains, AR 72568, Defendants, the undersigned, as Commissioner of said Court, will offer for sale at public venue to the highest bidder, at the main entrance of the Independence County Circuit Courthouse, 192 E. Main Street, Batesville, AR 72503, within the hours prescribed by law for judicial sales, on the 17th day of February, 2021, at 10:00 a.m., the following described real estate, to-wit: A TRACT OF LAND BEING PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 11 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN IN INDEPENDENCE COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NW 1/4 NE 1/4; THENCE RUN NORTH 01 DEGREES 46 MINUTES 39 SECONDS WEST A DISTANCE OF 44.94 FEET; THENCE RUN SOUTH 88 DEGREES 07 MINUTES 16 SECONDS WEST A DISTANCE OF 56.07 FEET TO THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF ARKANSAS HIGHWAY 157 AND THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY 167; THENCE RUN NORTH 03 DEGREES 05 MINUTES 41 SECONDS WEST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 538.81 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 86 DEGREES 54 MINUTES 19 SECONDS WEST A DISTANCE OF 165.00 FEET; THENCE RUN NORTH 03 DEGREES 05 MINUTES 41 SECONDS WEST A DISTANCE OF 126.63 FEET TO THE SOUTH RIGHT OF WAY OF A CITY STREET; THENCE RUN NORTH 83 DEGREES 41 MINUTES 53 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 165.26 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY 167; THENCE RUN SOUTH 03 DEGREES 05 MINUTES 41 SECONDS EAST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 135.87 FEET TO THE POINT OF BEGINNING.. TERMS OF SALE: Such sale will be at public auction to the highest bidder for cash the day of sale or upon credit of three (3) months, provided that if the sale is upon credit, 10% of the purchase price, non-refundable, on the date of sale, and a good and sufficient surety (in the form of a surety bond or letter of credit acceptable to the Commissioner) to secure payment of the purchase price shall be given to the Commissioner, and the purchase price shall bear interest from the date of the sale until paid at the rate of Ten Percent (10%) per annum; provided, however, that if Stone Bank is the highest bidder at the time of such foreclosure, Stone Bank may pay the purchase price by credit given upon the judgment granted Stone Bank, except as to the cost of sale. The described property will be sold as is, where is, and without warranty. The property will be sold subject to all unpaid real estate and other applicable taxes and assessments, unless otherwise ordered in the decretal order referenced herein. The sale is made subject to any and all stipulations made in the decretal order filed of record on November 30, 2020. The Commissioner does not warrant title, boundary lines, taxes, liens, and/or improvements if any, or solid waste delinquent payments, on this property in Independence County, Arkansas. GIVEN under my hand this 20 day of January, 2021. /s/G. Wallis Greg Wallis, Commissioner Independence County Circuit Court 75374420f Show more »
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. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR SUCH PURPOSE. NOTICE IS HEREBY GIVEN that on February 1, 2021, at or about 9:00 a.m., the following property will be sold at the Independence County Courthouse, Batesville, Arkansas, to the highest bidder for cash: TRACT #1. A part of the NW/4 of Section 14, T-11-N, R-6-W, more particularly described as follows: BEGINNING at the SW Corner of the NE/4 NW/4; thence N 54º 53´ 21" W 185.23 feet; thence N 19º 18´ 36" W 111.08 feet; thence N 02º 07´ 00" W 16.49 feet; thence S 83º 38´ 01" E 93.0 feet; thence N 00º 56´ 01" E 39.72 feet; thence N 60º 59´ 17" E 91.61 feet; thence S 83º 38´ 01" E 52.93 feet to the Westerly right of way of U.S. Hwy # 167; thence S 19º 25´ 39" E along said right of way 127.69 feet; thence S 35º 40´ 03" E along said right of way a chord distance of 156.92 feet; thence S 24º 42´ 51" E along said right of way a chord distance of 108.01 feet; thence N 83º 38´ 01" W along the South line of said NE/4 NW/4, 256.26 feet to the Point of Beginning, containing 1.88 acres, more or less. Subject to all existing easements and rights of way for roads or other purposes. TRACT #2. A part of the NW/4 of Section 14, T-11-N, R-6-W, more particularly described as follows: Commencing at the SW Corner of the NE/4 NW/4, thence N 54º 53´ 21" W 185.23 feet; thence N 19º 18´ 36" W 111.08 feet; thence N 02º 07´ 00" W, 16.49 feet; thence S 83º 38´ 01" E 93.0 feet; thence N 00º 56´ 01" E 39.72 feet FOR THE POINT OF BEGINNING; thence N 00º 56´ 01" E 53.28 feet; thence S 83º 38´ 01" E 79.73 feet; thence S 60º 59´ 17" W 91.61 feet to the Point of Beginning, containing 0.05 acres, more or less. Subject to all existing easements and rights of way for roads or other purposes. TRACT #3. A part of the NW/4 of Section 14, T-11-N, R-6-W, more particularly described as follows: BEGINNING at the SW Corner of the NE/4 NW/4; thence N 54º 53´ 21" W 185.23 feet; thence S 19º 18´ 36" E 98.84 feet; thence S 83º 38´ 01" E 119.57 feet to the Point of Beginning, containing 0.12 acres, more or less. Subject to all existing easements and rights of way for roads or other purposes. And including a 1999 Belmont manufactured home, VIN MSB99280SISN40741, affixed thereto, More commonly known as 100 Emerson Loop, Pleasant Plains, Arkansas 72568, (the “Mortgaged Property”). On April 20, 2016, Robby Darrin Green and Michaela Lynn Green, fka Michaela Lynn Conner, a married couple, executed a Mortgage in favor of Vanderbilt Mortgage and Finance, Inc. (“Mortgagee”), which was duly recorded on May 9, 2016, in the records of the Circuit Clerk and Ex-Officio Recorder for Independence County, Arkansas, in Book DT2016 at Pages 7538-7556. Robby Darrin Green and Michaela Lynn Green, fka Michaela Lynn Conner, have defaulted under the Consumer Loan Note dated April 20, 2016, by failing to make the monthly payments when due. Vanderbilt Mortgage and Finance, Inc., has an address of 500 Alcoa Trail, Maryville, TN 37804, and a telephone number of 1-800-970-7250. Hardin, Jesson & Terry, PLC, the undersigned limited attorney-in-fact for the Mortgagee, by virtue of the power, duty and authority vested in and imposed upon it intends to sell the above-described real property on the dated stated above 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. 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 government 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 the Mortgagee’s option 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 MORTGAGEE, AND ALL TRANSFER TAXES WILL BE THE RESPONSIBILITY OF THE PURCHASER. This foreclosure is being initiated by the following named person as Limited Attorney-In-Fact for Vanderbilt Mortgage and Finance, Inc. HARDIN, JESSON & TERRY, PLC P.O. Box 10127 Fort Smith, AR 72917-0127 (479) 452-2200 By /s/J. Gregory Magness J. Gregory Magness Limited Attorney In Fact for Mortgagee Date 11-5-2020 75349695f Show more »
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 AND AN ACTION TO COLLECT IT MAY BE BROUGHT AGAINST YOU THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION GIVEN MAY BE USED FOR THAT PURPOSE NOTICE IS HEREBY GIVEN that on Thursday, February 4, 2021, at or about 1:00 PM, the following real property will be sold and this statutory foreclosure sale will be held at the front door, inside the main entrance of the Independence County Courthouse, 192 E. Main St., Batesville, Arkansas, or the sale will be held in the place at said venue where foreclosure sales are customarily advertised and/or conducted, to the highest bidder for cash: A tract of land being part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 36, Township 11 North, Range 7 West, of the 5th Principal Meridian in Independence County, Arkansas; more particularly described as follows: Commencing at the Northeast Corner of said NE 1/4, SE 1/4; thence run South 00 degrees 07 minutes 44 seconds East along the East line of said Section 36, a distance of 105.00 feet; thence run North 89 degrees 51 minutes 58 seconds West, a distance of 26.26 feet to the point of beginning on the West line of Union Grove Road; thence run South 00 degrees 55 minutes 37 seconds West along said West line, a distance of 209.00 feet; thence run North 89 degrees 51 minutes 58 seconds West, a distance of 209.00 feet; thence run North 00 degrees 55 minutes 37 seconds East, a distance of 209.00 feet; thence run South 89 degrees 51 minutes 58 seconds East, a distance of 209.00 feet to the point of beginning. Tract 2: An exclusive easement for installation and maintaining a water line and use of the pump and well appurtenant to Tract 1 and located on the following described tract of land, commencing at the Southeast Corner of said conveyance tract and run South on the East line of said NE 1/4 SE 1/4 distance of 600.00 feet; thence run West and parallel to the South line of said Conveyance Tract A distance of 50 feet; thence run North and parallel to the East line of NE 1/4 SE 1/4 a distance of 600 feet to the South line of the conveyance tract thence run East on the South line of said conveyance Tract A distance of 50 feet to the place of beginning. More Commonly Known As: 140 Union Grove Road, Pleasant Plains, AR 72568-9769. On October 16, 2018, Larry J. Dunn, executed a security instrument in favor of Mortgage Electronic Registration Systems, Inc., solely as nominee for Quicken Loans Inc. ("Beneficiary/Lender"), which was recorded on October 25, 2018, in Record Book DT 2018 at Page 16118-16135as Instrument No. L201806467 in the real estate records of Independence County, Arkansas and is now held by Quicken Loans, LLC Formerly Known As (FKA) Quicken Loans Inc.. The default for which foreclosure is made is due to the failure of payment per the terms of the note and security instrument and is now wholly due. Mortgagee or Beneficiary is exercising its power of sale under Ark. Code Ann. Section 18-50-115 and such has directed Mickel Law Firm, P.A., as its Attorney-in-Fact or Trustee, to sell the property to satisfy said indebtedness. The party initiating this foreclosure can be contacted at or in care of its servicer: Quicken Loans, Inc. 1050 Woodward Avenue, Detroit, MI 48226, Phone (800) 226-6308. This sale is subject to all matters shown on any applicable recorded plat or bill(s) of assurance; any restrictive covenants, easements, set back lines or encroachments; any unpaid and/or delinquent taxes or special assessments; any statutory redemption rights of any governmental entity; any prior liens or encumbrances as well as any priority created by a UCC or fixture filing; and, to any matter that an accurate survey of the property might disclose. This property is being sold "as is" with no representation as the condition of any structure(s) thereon or the accuracy of the above legal description. Transfer taxes and recording fees are the responsibility of the purchaser. Dated: November 24, 2020 Mickel Law Firm, P.A. 1501 North University Ste. 930 Little Rock, AR 72207 Phone: 501-664-4808 PUBLICATION DATES: January 10, 2021; January 17, 2021; January 24, 2021; January 31, 2021 By: Stephen P. Lowman www.trustee-foreclosuresalesonline.com 75366698f Show more »