Type:   NJF
Party:   Bank of the Ozarks
County:   Pulaski
Attorney/Contact:   Michael J. Ptak
Property:   2901 Marble Cv, Sherwood AR 72120
Property Description:   L1 B1 Stonehill Add PhIII

This Instrument Was Prepared By: Michael J. Ptak Attorney at Law 17901 Chenal Parkway P.O. Box 8811 Little Rock, Arkansas 72231-8811 (501) 978-2226 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 And An Action For Collection May Be Brought Against You. NOTICE IS HEREBY GIVEN that on February 13, 2019, at or about 11:00 a.m., the following real property and all improvements and fixtures located thereon will be sold at the Pulaski County Courthouse located in Little Rock, Arkansas, at the location where statutory foreclosure sales are customarily advertised and conducted, to the highest bidder for cash: Lot 1, Block 1, Stonehill Addition, Phase III, in the City of Sherwood, Pulaski County, Arkansas, such real property having the address of 2901 Marble Cove, Sherwood, Arkansas 72120 (hereinafter referred to as the “Property”). On October 3, 2007, Woodhaven Homes, Inc., a corporation organized and existing under the laws of the State of Arkansas, executed a Construction Mortgage (hereinafter referred to as the “Mortgage”) in favor of Summit Bank , which Mortgage was filed of record on October 10, 2007, as Instrument No. 2007079217, in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, whereby Woodhaven Homes, Inc., a corporation organized and existing under the laws of the State of Arkansas, conveyed the Property to Summit Bank. The terms of the Mortgage were modified, renewed, and/or extended by virtue of certain Modifications of Mortgage (hereinafter referred to as the “Summit Bank Modifications of Mortgage”) executed by Woodhaven Homes, Inc., a corporation organized and existing under the laws of the State of Arkansas, in favor of Summit Bank dated October 3, 2008, October 3, 2010, and October 3, 2012, which Summit Bank Modifications of Mortgage were filed of record on November 5, 2008, October 20, 2010, and December 3, 2012, respectively, as Instrument Nos. 2008074946, 2010065683, and 2012078972, respectively, in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. The terms of the Mortgage were further modified, renewed, and/or extended by virtue of certain Modifications of Mortgage (hereinafter referred to as the “Bank of the Ozarks Modifications of Mortgage”) executed by Woodhaven Homes, Inc., a corporation organized and existing under the laws of the State of Arkansas, in favor of Bank of the Ozarks, as successor by merger to Summit Bank, dated October 3, 2014, and September 29, 2016, which Bank of the Ozarks Modifications of Mortgage were filed of record on October 31, 2014, and December 28, 2016, respectively, as Instrument Nos. 2014064302 and 2016082329, respectively, in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. The Modification of Mortgage dated October 3, 2014, was corrected and re-recorded on October 19, 2014, as Instrument No. 2014068507, in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. Bank OZK, formerly known as Bank of the Ozarks, as successor by merger to Summit Bank (hereinafter referred to as “Bank OZK”), is now the holder in due course of the Mortgage, as modified, renewed, and/or extended by the Summit Bank Modifications of Mortgage and Bank of the Ozarks Modifications of Mortgage, and the Promissory Note that the Mortgage secures. Woodhaven Homes, Inc. has defaulted in the monthly payments owed to Bank OZK under the Promissory Note which is secured by the Mortgage, as modified, renewed, and/or extended by the Summit Bank Modifications of Mortgage and Bank of the Ozarks Modifications of Mortgage, and is more than one hundred sixty (160) days past due in payments to Bank OZK. The undersigned is the attorney for Bank OZK, the mortgagee, and is acting on behalf and with the consent and authority of the mortgagee, which is exercising its power of sale under Ark. Code Ann. § 18-50-115 (West 2004), which implies a power of sale in every mortgage of real property situated in this state that is duly acknowledged and recorded. The sale will extinguish all rights of any party claiming an interest in the Property, including existing lienholders, current or previous owners of the property, or tenants. Any purchaser at the sale shall pay an auctioneer or agent’s fee in addition to its bid. WITNESS my hand this 12th day of December, 2018. By: Michael J. Ptak (Ark. Bar No. 93213) Attorney at Law P.O. Box 8811 Little Rock, Arkansas 72231-8811 Telephone (501) 978-2226 Facsimile (501) 320-4111 FOR SALE INFORMATION, VISIT WWW.NONJUDICIALFORECLOSURE.COM ptak0141 DR4T-1/15,1/22,1/29,2/5/19


PRINT