In The Circuit Court Of Ashley County, Arkansas
Timberline Federal Credit Union Plaintiff
Estate Of Jesse Banks And Charles Franklin Defendants
The Defendant, Charles Franklin, is hereby warned to appear before this Court within thirty (30) days of the date of first publication of this Notice to answer the Complaint at Law for Foreclosure of Security Interest filed by Plaintiff, Timberline Federal Credit Union. Failure to appear before this Court within the thirty (30) days of first publication shall result in the Court awarding an absolute Decree of Foreclosure of Security Interest to the Plaintiff including possession and sale of the vehicle. The thing to be effected by the Judgment, or Order of this Court, is that the 2017 Volkswagon Jetta VIN # 3VW2B7AJ2HM387918, which is the subject of this pending “Action”, will be sold at a Commissioner’s Sale to be conducted according to a Decree of Foreclosure of the Security Interest and a request for a deficiency judgment which will be requested from this Court.
Witness my hand as Ashley County Circuit Clerk this 10th day of Aug., 2022.
Vickie Stell, Circuit Clerk
Deputy Clerk: Araceli Pacheco
Trustee Sale No.: AR-22-81912-NJ Notice Of Default And Intention To Sell You May Lose Your Property If You Do Not Take Immediate Action Mccarthy & Holthus, Llp May Be Considered A Debt Collector Attempting To Collect A Debt And Any Information Obtained Will Be Used For That Purpose. On 3/28/2016, TONY KENDALL KELLEY, SINGLE MAN executed a Security Instrument encumbering certain property therein described in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) SOLELY AS A NOMINEE FOR FIRST NATIONAL BANK OF CROSSETT, ITS SUCCESSORS AND ASSIGNS which was recorded on 3/31/2016, in Book MR 2016, Page 1240, or Document Number L201600856, in the real property records of Ashley County, Arkansas. A default has occurred due to the failure to make timely payments of the indebtedness as required under the terms of the Security Instrument. The maturity of the indebtedness secured by the Security Instrument is hereby accelerated, and the Mortgagee or Trustee intends to sell the property pursuant to the Security Instrument to satisfy the indebtedness. The Mortgagee or Beneficiary has complied with the conditions to exercise the power of sale as set forth in Ark. Code Ann. § 18-50-103. The party initiating this action is Freedom Mortgage Corporation, 10500 Kincaid Dr, Fishers, IN, 46037, 317-537-3005. The Mortgagee or Beneficiary has instructed McCarthy & Holthus, LLP to sell the property pursuant to the default provisions of the Security Instrument. McCarthy & Holthus, LLP, as Attorney-in-Fact or as Trustee, will on 9/21/2022, at or about 11:00 AM, sell the real property described herein to the highest bidder for cash. The sale will be held at the Main Entrance of the Ashley County Courthouse, 205 East Jefferson, Hamburg, AR 71646. The property is being sold “as is” with no representation as to its condition. THE PURCHASER OF SAID PROPERTY SHALL PAY THE PRICE BID WITH CERTIFIED FUNDS THE DAY OF SALE AND ASSUME RESPONSIBILITY FOR ALL TRANSFER TAXES AND RECORDING FEES. The following property to be sold is located in Ashley County, Arkansas, and being more particularly described as: A PARCEL OF THE LAND IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 18 SOUTH, RANGE 8 WEST, ASHLEY COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT A POINT WHICH IS 639.3 FEET EAST OF THE WEST LINE AND 661.2 FEET SOUTH OF THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE RUN EAST FOR 624.7 FEET TO THE POINT OF BEGINNING ALSO BEING THE NORTHEAST CORNER OF LOT 5 OF THE FAIRVIEW ADDITION TO NORTH CROSSETT; THENCE RUN SOUTH FOR 135 FEET; THENCE RUN WEST FOR 250 FEET; THENCE RUN NORTH FOR 137 FEET TO THE NORTH BOUNDARY OF LOT 5, FAIRVIEW ADDITION; THENCE RUN EAST FOR 250 FEET, BACK TO THE POINT OF BEGINNING (BEING A PART OF LOT 5 OF THE FAIRVIEW ADDITION TO NORTH CROSSETT, ARKANSAS) STREET ADDRESS: 1373 HWY 133 N, CROSSETT, AR 71635. 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. WITNESS my hand this day of, 2022. McCarthy & Holthus, LLP _ LaDawna Fleckenstein, Bar No. 2014039 _ Kimberly Glover, Bar No. 2018115 _ Cole Patton, Bar No. 2018206 McCarthy & Holthus, LLP 202 North Walton Blvd. Suite 14 Bentonville, AR 72712 (214) 291-3800; Fax (214) 291-3801 Direct Mail to: 1255 West 15th Street, Suite 1060 Plano, TX 75075 (214) 291-3800 IDSPub #0179875 8/24/2022 8/31/2022 9/7/2022 9/14/2022