Prepared by:
AMENDED MORTGAGEE'S 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, Kerry W. Evans (also known as Kerry Wayne Evans) and K.D. Enterprises of Hardy, Inc. executed mortgages securing certain indebtedness to and conveying certain real property therein described to First Community Bank;
Whereas, said mortgages were recorded on: September 19, 2006 in Book 2006 at page 22175; October 15, 2007 in Book 2007 at page 21830; June 9, 2008 in Book 2008 at page 10794; October 24, 2008 in Book 2008 at page 20781; May 20, 2009 in Book 2009 at page 7450; December 18, 2009 in Book 2009 at page 20380; April 5, 2010 in the records of Sharp County, Arkansas in Book 2010 at page 4437 and modified thereafter;
Whereas, default has occurred in payment of said indebtedness;
Whereas, there may be tenants that claim an interest in the real property herein based upon said tenancy;
Now therefore, notice is hereby given that the entire indebtedness has been declared due and payable, and that Laura W. Brissey, as Attorney-in-Fact, by virtue of the power, duty, and authority vested in and imposed upon said Attorney-in-Fact will, on October 15, 2014, at or about 10:15 am at the front door of the Sharp County Courthouse in Ash Flat, 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 Sharp County, Arkansas and being more particularly described as follows:
See Exhibit A
This sale shall extinguish all interests in any part of the property, including existing lienholders, previous and current owners of the property, or tenants.
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The sale held pursuant to this Notice may be rescinded at the Attorney-in-Fact's option at any time.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.
THE TERMS OF SALE ARE CASH THE DAY OF SALE AND ALL TAXES, INCLUDING TRANSFER TAXES, WILL BE THE RESPONSIBILITY OF THE PURCHASER.
Laura W. Brissey
First Community Bank
1325 Harrison Street
Batesville AR 72501
Exhibit A
Lot Two (2), Block Two (2), Finsbury Addition to Woodland Hills Subdivision, as shown on plat of record in Plat Book 3 at page 285 thereof, records of Sharp County, Arkansas.
Lot Three (3), Block One (1), Groves Addition to the Town of Hardy, as shown on plat of record in Plat Book 3 at page 202 thereof, records of Sharp County, Arkansas ..
Lot Fifty-Four (54), Block One (1), Newcastle Addition to Woodland Hills Subdivision, as shown on plat of record in Plat Book 3 at page 231 thereof, records of Sharp County, Arkansas.
A part of the Southeast Quarter of the Southwest Quarter (SE1/4 SW1/4) of Section 11, Township 19 North, Range 5 West, described as follows: Beginning at a point on the East line of said tract 594 feet South of the Northeast corner thereof; thence South along said line 150 feet; thence West 210 feet; thence North 150 feet; thence East 210 feet to the beginning point.
Lots Thirty-Two (32) and Thirty-Three (33), Block One (1), of Bluff View Addition to the Bluffs on Spring River Subdivision, as shown on plat of record in Plat Book 12 at page 66 thereof, records of Sharp County, Arkansas.
A part of the Southeast Quarter of the Southwest Quarter (SE1/4 SW1/4) of Section 11, Township 19 North, Range 5 West, described as follows: Beginning at the Southeast corner of said forty; thence North along the forty line 660.1 feet; thence West 210 feet to point of beginning; thence West 209.0 feet; thence South 209.0 feet; thence East 209.0 feet; thence North 209.0 feet to point of beginning.
Lots One (1), Two (2) and Three (3), Block, Five (5), Pittman's Addition to the Town of Hardy, as shown on plat of record in Plat Book 2 at page 111 thereof, records of Sharp County, Arkansas.
Part of the Southeast Quarter of the Southwest Quarter (SE1/4 SW1/4) of Section 11, Township 19 North, Range 5 West, described as follows: Commencing at the Southeast corner of said forty; thence North along the forty line 647.0 feet; thence West 210.0 feet to the point of beginning; thence North 296.3 feet; thence West 187.0 feet; thence South 42 degrees 30 minutes West 401.6 feet; thence East 458.9 feet to point of beginning.
Part of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section 2, Township 19 North, Range 5 West, also part of the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of Section 11, Township 19 North, Range 5 West of the 5th P.M. Sharp County, Arkansas, more particularly described as follows: Beginning at the Southeast corner of Section 2, Township 19 North, Range 5 West; thence South 01 degrees 18 minutes 28 seconds West 48.50 feet; thence North 61 degrees 43 minutes 06 seconds West 565.50 feet; thence North 28 degrees 24 minutes 59 seconds East 286.40 feet; thence South 89 degrees 21 minutes 01 seconds East 366.50 feet; thence South 00 degrees 26 minutes 59 seconds West 467.20 feet to the point of beginning.
A part of the Northwest Quarter of the Northeast Quarter (NW1/4 NE1/4) of Section 11, Township 19 North, Range 5 West, more particularly described as follows: Beginning at the Northeast corner of Lot 5, Block 10, Clayton and Cope addition to the Town of Hardy, Arkansas; thence running North 60 degrees East 156 feet to intersect the East line of the Northwest Quarter Northeast Quarter (NW1/4 NE1/4) of Section 11, Township 19 North, Range 5 West; thence South with said line 250.8 feet; thence North 37 degrees West 208 feet to place of beginning.
Part of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section 28, Township 19 North, Range 5 West, Sharp County, Arkansas, being more particularly described as follows: Commencing at the L.S.D. Monument for the Southeast corner of said Section 28; thence North 53 degrees 57 minutes 44 seconds West 1,282.56 feet to an existing rebar and the point of beginning; thence North 49 degrees 01 minutes 19 seconds West 377.01 feet to an existing rebar on the Southeasterly Right of Way of Highway 62/412; thence along said Right of Way North 58 degrees 27 minutes 50 seconds East 108.31 feet; thence North 35 degrees 04 minutes 51 seconds East 45.28 feet; thence North 19 degrees 37 minutes 11 seconds East 134.62 feet; thence North 41 degrees 25 minutes 16 seconds East 134.57 feet; thence leaving said Right of Way South 44 degrees 55 minutes 11 seconds East 401.26 feet to an existing fence; thence along said fence South 41 degrees 26 minutes 57 seconds West 379.59 feet back to the point of beginning.
A part of the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) and a part of the Southeast Quarter Southeast Quarter (SE 1/4 SE 1/4) of Section 28, and a part of the Northwest Quarter of the Southwest Quarter of Section 27, all in Township 19 North, Range 5 West, Sharp County, Arkansas, being more particularly described as follows: Commencing at a L.S.D. Monument for the Southeast corner of said Section 28; thence North 10 degrees 33 minutes 57 seconds East 2290.39 feet to an existing rebar in a fence; thence along said fence, South 45 degrees 31 minutes 53 seconds West 510.00 feet to the point of beginning; thence continuing South 45 degrees 31 minutes 53 seconds West 911.61 feet; thence South 41 degrees 26 minutes 57 seconds West 88.59 feet; thence leaving said fence, North 44 degrees 55 minutes 11 seconds West 399.73 feet to the Southeasterly Right-of-Way of Highway 62/412; thence along said Right-of-Way in a curve to the Right, having a Radius of 5669.58 feet, a length of 262.79 feet, and the chord of which bears North 44 degrees 07 minutes 17 seconds East 262.77 feet; thence North 45 degrees 28 minutes 12 seconds East 48.10 feet; thence North 67 degrees 15 minutes 19 seconds East 53.89 feet; thence North 39 degrees 46 minutes 27 seconds East 100.50; thence North 45 degrees 28 minutes 52 seconds East 200.09 feet; thence North 41 degrees 37 minutes 49 seconds East 150.31 feet; thence North 45 degrees 28 minutes 12 seconds East 189.08 feet; thence leaving said Right-of-Way, South 44 degrees 55 minutes 11 seconds East 400.68 feet, back to the point of beginning. Subject to any easements or restrictions which may exist thereon.
Part of the Southwest Quarter Northwest Quarter (SW1/4 NW1/4) of Section 27, Township 19 North, Range 5 West, Sharp County, Arkansas, being more particularly described as follows: Commencing at the L.S.D. Monument for the Southwest corner of said Section 27; thence North 19 degrees 42 minutes 21 seconds East 3,018.50 feet to an existing rebar for the point of beginning; thence North 44 degrees 56 minutes 35 seconds West 399.78 feet to the Southeasterly Right of Way of Highway 62/412; thence along said Right of Way North 45 degrees 28 minutes 24 seconds East 212.01 feet; thence in a curve to the left, having a radius of 1,014.93 feet, a length of 88.84 feet, and the chord of which bears North 42 degrees 57 minutes 44 seconds East 88.81 feet; thence leaving said Right of Way South 61 degrees 34 minutes 27 seconds East 421.53 feet; thence South 45 degrees 23 minutes 05 seconds West 421.41 feet back to the point of beginning.
Lots Fifty-Five (55) and Fifty-Six (56), Block One (1), Newcastle Addition to Woodland Hills Subdivision, as shown on plat of record in Plat Book 3 at page 231 thereof, records of Sharp County, Arkansas.
Lots One (1) and Two (2), Block Ten (10), Clayton & Cope Addition to the Town of Hardy, Sharp County, Arkansas
AND
A part of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of Section 11, Township 19 North, Range 5 West of the 5th P.M. in Sharp County, Arkansas, being more particularly described as follows: Commencing at the NE corner of Section 11; thence South 00 degrees 45 minutes 48 seconds West 1,315.08 feet; thence South 78 degrees 00 minutes 20 seconds West 783.33 feet to the NW comer of Lot 5, Block 1 of Johnson's 1st Addition to Woodland Hills Subdivision; thence West 353.09 feet to the point of beginning in the center of Forty Island Creek; thence South 09 degrees 02 minutes 21 seconds East 309.94 feet along the center of Forty Island Creek; thence South 87 degrees 45 minutes 08 seconds West 62.86 feet; thence North 02 degrees 14 minutes 52 seconds West 190.00 feet to the NE comer of Lot 1, Block 10 of Clayton & Cope Addition; thence South 87 degrees 45 minutes 08 seconds West 136.60 feet to the SE comer of Lot 2, Block 10 of Clayton & Cope Addition; thence North 14 degrees 44 minutes 37 seconds West 137.30 feet; thence North 12 degrees 23 minutes 08 seconds West 125.98 feet to the south line of Lot 1 of Forty Island Addition; thence North 89 degrees 52 minutes 10 seconds East 189.24 feet to the center of Forty Island Creek; thence South 13 degrees 07 minutes East 135.75 feet with the center of Forty Island Creek back, to the point of beginning, according to a survey filed in Plat Cabinet “C” at page 1708. SUBJECT TO: any easements, restrictions, reservations.
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE1/4 SW1/4) OF SECTION 11, TOWNSHIP 19 NORTH, RANGE 5 WEST DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 519 FEET SOUTH OF THE NORTHEAST CORNER OF SAID TRACT; THENCE WEST 210 FEET; THENCE SOUTH 75 FEET; THENCE EAST 210 FEET THENCE NORTH 75 FEET TO THE POINT OF BEGINNING.
Lots Eleven (11), Twelve (12), Thirteen (13), Fourteen (14) and Fifteen (15), Oliver's First Addition to the Town of Hardy, Arkansas as shown on plat of record in Plat Book 2 at page 127 thereof, records of Sharp County, Arkansas.
LOTS THREE (3), FOUR (4), AND FIVE (5), BLOCK TEN (10), OF CLAYTON AND COPE ADDITION TO THE TOWN OF HARDY, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK H AT PAGE 610 THEREOF, RECORDS OF SHARP COUNTY, ARKANSAS.
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