Type: NJFParty: Simmons BankCounty: LonokeAttorney/Contact: Michael TackettProperty: 410 Waymack Rd. , Cabot AR 72023Property Description:
AMENDED MORTGAGEE'S NOTICE OF DEFAULT AND INTENTION TO SELL. YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR SUCH PURPOSE. The Amended Mortgagee’s Notice of Default and Intention to Sell is here by recorded to reflect the new sale date. On November 22, 2016, Perry Byrd executed a Mortgage in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR SIMMONS BANK ITS SUCCESSORS AND ASSIGNS, which was recorded on November 28, 2016, as Instrument No. 2016-11726 in the real property records of Lonoke County, Arkansas. The party initiating foreclosure can be contacted at or in care of its servicer initiating foreclosure at: SunTrust Bank, Mail Code RVW 7766, 1001 Semmes Ave., Richmond, VA 23224, at Telephone No. 800.443.1032; and The default for which foreclosure is made is the mortgagor(s) failure to pay the full amount of each monthly payment on the date it is due as required by the terms of the Note and Security Instrument. Because of the failure to cure the default the indebtedness was accelerated, is now therefore wholly due and the Mortgagee has requested the property be sold to satisfy said indebtedness. On Thursday, January 20, 2022 on or about 03:15 PM, the following described real property will be sold at the front door entrance of the Lonoke County Courthouse, 301 North Center St., Lonoke, AR 72086, to the highest bidder for cash: A part of the Southwest Quarter of Section Thirteen, Township Four North, Range Ten West of the Fifth Principal Meridian, City of Cabot, Lonoke County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner Southwest Quarter Section 13, Township 4 North, Range 10 West; thence South 00 Degrees 37 Minutes 34 Seconds West a distance of 640.31 feet; thence North 89 Degrees 59 Minutes 14 Seconds West a distance of 521.80 feet to the Point of Beginning; thence North 00 Degrees 46 Minutes 00 Seconds East a distance of 208.70 feet to a point; thence North 89 Degrees 59 Minutes 56 Seconds West a distance of 208.58 feet to an existing one half inch rebar; thence South 01 Degrees 05 Minutes 27 Seconds West a distance of 208.98 feet to an existing magnetic reading; thence North 89 Degrees 55 Minutes 43 seconds East a distance of 209.76 feet returning to the Point of Beginning. Less and Except: A part of the Southeast Quarter of the Fifth Principal Meridian, Lonoke County, Arkansas, of Section Thirteen, Township Four North, Range Ten West, City of Cabot, Lonoke County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner, Southwest 1/4 Section 13, Township 4 North, Range 10 West, thence South 00 Degrees 37 Minutes 34 Seconds West a distance of 640.31 feet to a point; thence North 89 Degrees 59 Minutes 14 Seconds West a distance of 521.80 feet, thence North 00 Degrees 46 Minutes 00 Seconds East a distance of 208.70 feet to a point; thence North 89 Degrees 59 Minutes 44 Seconds West a distance of 4.01 feet to the Point of Beginning; thence North 00 Degrees 46 Minutes 00 Seconds East a distance of 38.63 feet to a point; thence North 89 Degrees 14 Minutes 00 Seconds West a distance of 208.71 feet to a point; thence South 00 Degrees 46 Minutes 00 Seconds West a distance of 41.42 feet to a point; thence South 89 Degrees 59 Minutes 56 Seconds East a distance of 208.73 feet returning to the Point of Beginning. More commonly known as 410 Waymack Rd, Cabot, AR 72023. There may be occupants that claim an interest in the real property herein based upon said occupancy. The undersigned is the attorney-in-fact for the mortgagee and is acting on behalf of and with the consent of the mortgagee who is exercising its power of sale under Ark. Code Ann. Section 18-50-115 which implies a power of sale in every mortgage of real property situated in this State that is duly acknowledged and recorded. The 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. Unless discharged by bankruptcy, if your property is sold, then you will remain liable for any deficiency and an action for collection may be brought against you. 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 property is being sold “as is” with no representation as to its condition THE TERMS OF SALE ARE CASH THE DAY OF SALE AND ALL TRANSFER TAXES WILL BE THE RESPONSIBILITY OF THE PURCHASER. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney. Witness my hand this 3rd day of November, 2021. Michael Tackett, Attorney at Law, Bar Number 2018110, Attorney-in-Fact for TRUIST BANK F/K/A BRANCH BANKING AND TRUST COMPANY, Mackie Wolf Zientz & Mann, P.C. 124 W. Capitol Avenue, Suite 1560 Little Rock, AR 72201 (501) 218-8111. 21-000007-516. DR4T- 12/21, 12/28, 01/04, 01/11/22