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Miller County (2)

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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 April 14, 2008, Cynthia M Tornabene executed a security instrument conveying certain property therein described to Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for Network Funding, L.P., its successors and assigns; and
WHEREAS, said instrument was duly recorded April 25, 2008, in Book No. 2008, at Page 7838, in the real estate records of Miller County, Arkansas; and
WHEREAS, the default is due to missed payments beginning with a due date of September 1, 2020 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 Wells Fargo Bank, N.A., 1000 Blue Gentian Road N9286-01Y, Eagan, MN 55121, (866) 234-8271
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 October 19, 2021, at or about 10:00 AM at the Miller County Courthouse, Texarkana, 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 Miller County, Arkansas, and being more particularly described as follows:
Lot Numbered 7 in Block Numbered 9, Deutschman's Third Addition to the City of Texarkana, Miller County, Arkansas, according to the map or plat of said addition recorded in Volume Q, Page 611 of the Deed Records of Miller County, Arkansas.
More commonly known as: 1500 Pecan Street, Texarkana, AR 71854-4328
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. 227590
WILSON & ASSOCIATES, P.L.L.C.
400 West Capitol Avenue
Suite 1400
Little Rock, AR 72201
(501) 219-9388
Email: Info@TheWilsonLawFirm.com
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Post Date: 09/19 12:00 AM

PUBLICATION DATE: FRIDAY, SEPTEMBER 3, 2021
NOTICE OF
COMMISSIONER’S SALE
NOTICE IS HEREBY GIVEN, that pursuant to the authority and directions in the Decree of Foreclosure made and entered on the 20th day of August, 2021, in a certain cause of the Circuit Court of Miller County, Arkansas (Case No. 46CV-20-413), then pending therein between BancorpSouth Bank, Plaintiff, and Edward Burgess, and Elizabeth Williams, Defendants, the undersigned, as Commissioner of said Court, will offer for sale at public venue to the highest bidder, at the south entrance of the Miller County Courthouse, located at 400 Laurel Street, Texarkana, Arkansas 71854, within the hours prescribed by law for judicial sales, on the 15th day of September, 2021, beginning at 10:00 a.m., the following-described real estate, to-wit:
The Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4) of Section 3, Township 18 South, Range 27 West, Miller County, Arkansas; LESS AND EXCEPT 0.98 acre, more or less, acquired by the Arkansas State Highway Commission as described in instrument styled Consent Judgment, dated January 26, 1970, and recorded in Law Book S, at page 620 of the Records of the Circuit Court of Miller County, Arkansas, and containing after the exception 41.01 acres, more or less;
The Northwest Quarter of the Northwest Quarter (NW 1/4 NW 1/4) of Section 3, Township 18 South, Range 27 West, Miller County, Arkansas, containing 42.35 acres, more or less; SAVE AND EXCEPT all that part of the Northwest Quarter of the Northwest Quarter (NW 1/4 NW 1/4) of Section Three (3), Township Eighteen (18) South, Range Twenty-seven (27) West, Miller County, Arkansas, lying West of County Road 7;
AND FURTHER SAVE AND EXCEPT the following tract conveyed by Elizabeth Di-Ann Williams, an unmarried person, also known as Elizabeth Williams, to Jonathan Daniel Cross and wife, Christina Gail Cross by Warranty Deed recorded January 4, 2017, in the Records of Miller County, Arkansas:
All that certain tract or parcel of land being that part of the NE 1/4 of the NW 1/4 of Section 3, Township 18 South, Range 27 West, Miller County, Arkansas,
lying East of U.S. Highway No. 71 and South of Arkansas State Highway No. 134, and being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2" reinf. steel set for the Southeast corner of the NE 1/4 of the NW 1/4 of Section 3, T18S, R27W, Miller County, Arkansas; a 14" pine bears S 65° 10' E, 35.4 feet and a 14" pine bears S 18° 05’ W, 38.9 feet;
THENCE N 88° 25' 00" W, 277.54 feet with the South boundary line of the above mentioned NE 1/4 of the NW 1/4 to a 1/2" reinf. steel set for corner on the East right-of-way line of U.S. Highway No. 71, same being 50.00 feet at right angles from the centerline of said highway;
THENCE N 01 ° 53' 42" E, 1150.56 feet with the above mentioned East right-of-way line, along a line 50.00 feet at right angles from and parallel with the above mentioned centerline to a concrete right-of-way marker (broken) found in place, same being 50.00 feet at right angles from centerline station 3+00;
THENCE N 28° 31' 11" E, 111.57 feet with the above mentioned East right-of-way line to a concrete right-of-way marker found in place, same being 100.00 feet at right angles from centerline station 4+00;
THENCE N 73° 45’ 42" E, 157.62 feet with the above mentioned East right-of-way line to a concrete right-of-way marker found in place, same being 250.00 feet at right angles from centerline station 4+50;
THENCE N 02° 21’ 42" E, 10.78 feet with the above mentioned East right-of-way line to the South right-of-way line of Arkansas State Highway No. 134, said South right-of-way line being 40.00 feet at right angles from the centerline of said Highway No. 134;
THENCE S 87° 54' 18" E, 92.95 feet with said South right-of-way line, along a line 40.00 feet at right angles from and parallel with the centerline of said Highway No. 134, to a 1/2" reinf. steel set for corner on the East boundary line of the above mentioned NE 1 /4 of the NW 1/4, said corner being S 02° 33' 53”
W, 87.85 feet from the Northeast corner of said NE 1/4 of the NW 1/4: THENCE S 02° 33' 53" W, 1308.39 feet with the above mentioned East boundary line to the POINT OF BEGINNING; basis of bearings is grid North from navigated GPS positioning. The above described property being surveyed by Richard V. Hall, Jr. contains 8.325 acres of land, more or less.
This property is hereinafter referred to as the “Real Property.”
TERMS OF SALE: The sale is (“AS IS”) and (“WITHOUT ANY WARRANTY WHATSOEVER”) and (“WITH ALL FAULTS”). The bids shall be on a credit of three months, with the pur¬chaser being required to pay a security payment of no less than ten percent (10%) of the successful bid in cash, as approved by the Plaintiff, non-refundable, before 3:00 p.m. on the day of the sale, and to execute a bond for the remainder of the purchase price as required by law and the Decree of the Court, bearing interest at the maximum lawful rate from date of sale until paid, and a lien being retained on the real property to secure payment of the purchase amount.
Given under my hand this 30th day of August, 2021.
/s/Mary Pankey
Commissioner
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Post Date: 09/03 12:00 AM