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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 May 31, 2001, Edmond Joe Peak, III and Tammera L Peak executed a security instrument conveying certain property therein described to Southern Mortgage Company of Arkansas; and
WHEREAS, said instrument was duly recorded June 7, 2001, in Book No. 30-P, at Page 484, in the real estate records of Pope County, Arkansas; and
WHEREAS, the default is due to missed payments beginning with a due date of June 1, 2017 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 Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2015-1, 425 S. Financial Place, Ste 2000 , Chicago, IL 60605 , (312) 257-3201
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 February 25, 2021, at or about 3:30 PM at the Pope County Courthouse, Russellville, 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 Pope County, Arkansas, and being more particularly described as follows:
A part of the Northeast Quarter of the Northeast Quarter of Section 12, Township 6 North, Range 19 West, Pope County, Arkansas, more particularly described as follows: Beginning at the Northeast corner of the said Section; thence along the North line thereof, North 88 degrees 41 minutes 19 seconds West, 330.00 feet; thence South 01 degrees 28 minutes 39 seconds West, 660.00 feet; thence South 88 degrees 41 minutes 19 seconds East, 330.00 feet to a point on the East line thereof; thence along said East line, North 01 degrees 28 minutes 39 seconds East, 660.00 feet to the point of beginning. (Legal description revised pursuant to an Attorney's Affidavit filed November 15, 2017, at Instrument NO. 2017-06846.)
More commonly known as: 6101 State Road 105 South, Atkins, AR 72823
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. 332243
WILSON & ASSOCIATES, P.L.L.C.
400 West Capitol Avenue
Suite 1400
Little Rock, AR 72201
(501) 219-9388
Email: Info@TheWilsonLawFirm.com
75361367f 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 May 31, 2001, Edmond Joe Peak, III and Tammera L Peak executed a security instrument conveying certain property therein described to Southern Mortgage Company of Arkansas; and
WHEREAS, said instrument was duly recorded June 7, 2001, in Book No. 30-P, at Page 484, in the real estate records of Pope County, Arkansas; and
WHEREAS, the default is due to missed payments beginning with a due date of June 1, 2017 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 Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2015-1, 425 S. Financial Place, Ste 2000 , Chicago, IL 60605 , (312) 257-3201
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 February 25, 2021, at or about 3:30 PM at the Pope County Courthouse, Russellville, 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 Pope County, Arkansas, and being more particularly described as follows:
A part of the Northeast Quarter of the Northeast Quarter of Section 12, Township 6 North, Range 19 West, Pope County, Arkansas, more particularly described as follows: Beginning at the Northeast corner of the said Section; thence along the North line thereof, North 88 degrees 41 minutes 19 seconds West, 330.00 feet; thence South 01 degrees 28 minutes 39 seconds West, 660.00 feet; thence South 88 degrees 41 minutes 19 seconds East, 330.00 feet to a point on the East line thereof; thence along said East line, North 01 degrees 28 minutes 39 seconds East, 660.00 feet to the point of beginning. (Legal description revised pursuant to an Attorney's Affidavit filed November 15, 2017, at Instrument NO. 2017-06846.)
More commonly known as: 6101 State Road 105 South, Atkins, AR 72823
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. 332243
WILSON & ASSOCIATES, P.L.L.C.
400 West Capitol Avenue
Suite 1400
Little Rock, AR 72201
(501) 219-9388
Email: Info@TheWilsonLawFirm.com
75361367f Show more »