IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS FIFTH DIVISION. REGIONS BANK, an Alabama banking corporation

Transcription

1 IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS FIFTH DIVISION REGIONS BANK, an Alabama banking corporation PLAINTIFF v. Case No. 60CV ARRINGTON APTS II, LIMITED PARTNERSHIP, an Arkansas limited Partnership; D. DEMING HENRY, Individually; MADELINE HENRY, Individually; and ARKANSAS DEVELOPMENT FINANCE AUTHORITY DEFENDANTS NOTICE OF COMMISSIONER S SALE NOTICE IS HEREBY GIVEN, that pursuant to the authority and directions contained in the decretal order of the Circuit Court of Pulaski County entered on the 18 th day of September, 2013, in Case No. 60CV then pending between Plaintiff Regions Bank and Defendants Arrington Apts II, Limited Partnership, D. Deming Henry, and Madeline Henry, the undersigned, as Commissioner of said Court, will offer for sale at public venue to the highest bidder, at the Pulaski County Courthouse, at 12:00 p.m., on Thursday, the 7 th day of November, 2013, the following described real estate, situated in Pulaski County, Arkansas, to wit: Lot 1, Arrington Apartment Subdivision, North Little Rock, Arkansas, as recorded in Plat Book H, page 905, in the records of Pulaski County, Arkansas, being described as: Part of the Southeast ¼ of the Southeast ¼ of Section 10, Township 2 North, Range 12 West, more particularly described as follows: BEGINNING at the Northeast corner of Lot 1 Donovan Briley Subdivision as recorded in Book E, Page 282 records of Pulaski County; thence North 89º25 19 West feet; thence North 36º44 58 West feet to a point on the Southeasterly right-of-way line of Donovan Briley Boulevard; thence along said Southeasterly right-of-way line on a curve to the left having a radius of feet, an arc length of feet, and a chord bearing and distance of North 47º42 48 East feet; thence continuing along said Southeasterly right-of-way North 41º50 50 East feet; thence along a curve to the right having a radius of feet, an arc length of feet, and a chord bearing and

2 distance of North 86º52 38 East feet to a point on the Southwesterly right-of-way line of Arkansas Highway 176 (Camp Robinson Road); thence along said Southwesterly right-of-way line South 48º05 34 East feet; thence leaving said Southwesterly right-of-way line South 41º52 48 West feet; thence South 48º05 28 East feet; thence South 00º43 16 West feet to the POINT OF BEGINNING. Together with the following described access easement (said access easement being prepared by Central Arkansas Surveying Inc.): Legal Description: A part of Bradford Oaks Apartment Subdivision, North Little Rock, Arkansas and being more fully described as: Commencing at a Found 1-inch Pipe at the Southeast Corner of Section 10, Township 2 North, Range 12 West, Pulaski County, Arkansas and run thence North 87 degrees 40 minutes 46 seconds West for a distance of feet; thence North 00 degrees 44 minutes 00 seconds East for a distance of feet to a point on the Westerly Right-of-Way line of Camp Robinson Road; thence North 48 degrees 05 minutes 51 seconds West along said Westerly Right-of-Way line for a distance of feet to the POINT OF BEGINNING of the land herein described; thence around a curve to the left through a central angle of 34 degrees 06 minutes 31 seconds and a radius of feet; a chord bearing of South 57 degrees 38 minutes 20 seconds West for a distance of feet; thence South 41 degrees 01 minutes 50 seconds West for a distance of 9.03 feet; thence South 45 degrees 19 minutes 51 seconds West for a distance of feet; thence South 49 degrees 24 minutes 49 seconds West for a distance of feet; thence South 56 degrees 03 minutes 21 seconds West for a distance of feet; thence around a curve to the left through a central angle of 133 degrees 37 minutes 18 seconds and a radius of feet; a chord bearing of South 12 degrees 28 minutes 23 seconds East for a distance of feet; thence North 49 degrees 21 minutes 26 seconds East for a distance of 7.47 feet; thence North 03 degrees 17 minutes 49 seconds East for a distance of feet; thence South 88 degrees 00 minutes 43 seconds East for a distance of feet; thence South 00 degrees 28 minutes 35 seconds West for a distance of feet; thence South 40 degrees 44 minutes 35 seconds East for a distance of 5.93 feet; thence South 83 degrees 52 minutes 46 seconds East for a distance of feet; thence around a curve to the right through a central angle of 80 degrees 51 minutes 12 seconds and a radius of feet; a chord bearing of South 39 degrees 45 minutes 08 seconds East for a distance of feet; thence South 00 degrees 42 minutes 58 seconds West for a distance of feet; thence around a curve to the right through a central angle of 89 degrees 34 minutes 07 seconds and a radius of feet; a chord bearing of North 45 degrees 33 minutes 08 seconds East for a distance of feet; thence North 87 degrees 43 minutes 57 seconds West for a distance of feet; thence around a curve to the right through a central angle of 31 degrees 53 minutes 09 seconds and a radius of feet; a chord bearing of North 69 degrees 12 minutes 11 seconds West for a distance of feet; thence North 53 degrees 15 minutes 37 seconds West for a distance of feet; thence around a curve to the right through a central angle of 37 degrees 21 minutes 49 seconds and a radius of feet; a chord bearing of North 39 degrees 18 minutes 31 seconds West for a distance of feet; thence North 49 degrees 59 minutes 28 seconds West for a distance of 8.02 feet; thence South 88 degrees 53 minutes 50 seconds West for a distance of feet; thence North 00 degrees 59 2

3 minutes 43 seconds West for a distance of feet; thence North 89 degrees 00 minutes 56 seconds East for a distance of feet; thence North 45 degrees 16 minutes 48 seconds East for a distance of 7.01 feet; thence North 00 degrees 46 minutes 02 seconds West for a distance of feet; thence North 49 degrees 51 minutes 53 seconds West for a distance of 7.81 feet; thence South 87 degrees 54 minutes 45 seconds West for a distance of feet; thence North 00 degrees 55 minutes 59 seconds West for a distance of feet; thence North 89 degrees 25 minutes 57 seconds East for a distance of 9.09 feet; thence North 51 degrees 27 minutes 50 seconds East for a distance of 8.77 feet; thence North 01 degree 12 minutes 31 seconds West for a distance of feet; thence around a curve to the left through a central angle of 187 degrees 49 minutes 38 seconds and a radius of 5.05 feet; a chord bearing of North 87 degrees 52 minutes 16 seconds West for a distance of feet; thence South 01 degree 11 minutes 52 seconds East for a distance of feet; thence South 88 degrees 55 minutes 00 seconds West for a distance of feet; thence North 00 degrees 51 minutes 05 seconds West for a distance of feet; thence North 49 degrees 36 minutes 49 seconds West for a distance of 7.07 feet; thence South 87 degrees 39 minutes 32 seconds West for a distance of 4.65 feet; thence North 01 degree 25 minutes 21 seconds West for a distance of feet; thence North 88 degrees 23 minutes 09 seconds East for a distance of 7.06 feet; thence North 34 degrees 23 minutes 18 seconds East for a distance of 5.29 feet; thence North 00 degrees 54 minutes 22 seconds West for a distance of feet; thence North 88 degrees 51 minutes 42 seconds East for a distance of feet; thence South 01 degree 37 minutes 58 seconds East for a distance of feet; thence around a curve to the left through a central angle of 194 degrees 44 minutes 33 seconds and a radius of 5.01 feet; thence a chord bearing of South 87 degrees 37 minutes 35 seconds East for a distance of 9.93 feet; thence North 00 degrees 51 minutes 12 seconds West for a distance of feet; thence around a curve to the left through a central angle of 66 degrees 00 minutes 26 seconds and a radius of feet; thence a chord bearing of North 32 degrees 24 minutes 20 seconds West for a distance of feet; thence around a curve to the left through a central angle of 68 degrees 55 minutes 59 seconds and a radius of feet; thence a chord bearing of South 75 degrees 15 minutes 46 seconds West for a distance of feet; thence South 38 degrees 42 minutes 42 seconds West for a distance of feet; thence South 55 degrees 22 minutes 09 seconds West for a distance of feet; thence North 00 degrees 43 minutes 16 seconds East for a distance of feet; thence North 48 degrees 05 minutes 34 seconds West for a distance of 1.73 feet; thence North 45 degrees 01 minutes 29 seconds East for a distance of 4.53 feet; thence around a curve to the left through a central angle of 91 degrees 09 minutes 44 seconds and a radius of feet; thence a chord bearing of North 07 degrees 01 minutes 48 seconds West for a distance of feet; thence North 49 degrees 52 minutes 42 seconds West for a distance of feet; thence North 40 degrees 01 minute 49 seconds East for a distance of feet; thence South 49 degrees 53 minutes 41 seconds East for a distance of feet; thence around a curve to the left through a central angle of 91 degrees 44 minutes 52 seconds and a radius of feet; thence a chord bearing of North 86 degrees 29 minutes 01 second East for a distance of feet; thence North 41 degrees 13 minutes 09 seconds East for a distance of feet; thence North 50 degrees 37 minutes 32 seconds East for a distance of feet; thence North 58 degrees 03 minutes 41 seconds East for a distance of feet; thence North 49 degrees 30 minutes 59 seconds East for a distance of feet; thence North 43 degrees 3

4 20 minutes 06 seconds East for a distance of feet; thence around a curve to the left through a central angle of 34 degrees 03 minutes 07 seconds and a radius of feet; thence a chord bearing of North 26 degrees 18 minutes 32 seconds East for a distance of feet to a point on said Westerly Right-of-Way line of Camp Robinson Road; thence South 48 degrees 05 minutes 51 seconds East along said Westerly Right-of-Way line for a distance of feet to the POINT OF BEGINNING. LESS AND EXCEPT: A part of Bradford Oaks Apartment Subdivision, North Little Rock, Arkansas and being more fully described as: Commencing at a Found 1-inch Pipe at the Southeast Corner of Section 10, Township 2 North, Range 12 West, Pulaski County, Arkansas and run thence North 87 degrees 40 minutes 46 seconds West for a distance of feet; thence North 00 degrees 44 minutes 00 seconds East for a distance of feet; thence North 90 degrees 00 minutes 00 seconds West for a distance of feet to the POINT OF BEGINNING of the land herein described; thence South 01 degree 01 minute 28 seconds West for a distance of feet; thence around a curve to the right through a central angle of 40 degrees 06 minutes 24 seconds and a radius of feet; thence a chord bearing of South 21 degrees 04 minutes 40 seconds West for a distance of feet; thence South 56 degrees 41 minutes 12 seconds West for a distance of feet; thence around a curve to the right through a central angle of 37 degrees 04 minutes 48 seconds and a radius of feet; thence a chord bearing of South 75 degrees 13 minutes 36 seconds West for a distance of 7.05 feet; thence North 86 degrees 10 minutes 38 seconds West for a distance of 6.04 feet; thence North 40 degrees 41 minutes 32 seconds West for a distance of 3.29 feet; thence North 01 degree 14 minutes 33 seconds East for a distance of feet; thence North 87 degrees 42 minutes 38 seconds West for a distance of feet; thence South 01 degree 30 minutes 09 seconds West for a distance of feet; thence South 60 degrees 28 minutes 20 seconds West for a distance of 9.29 feet; thence North 75 degrees 52 minutes 31 seconds West for a distance of 9.93 feet; thence around a curve to the right through a central angle of 49 degrees 01 minutes 17 seconds and a radius of feet; thence a chord bearing of North 41 degrees 33 minutes 23 seconds West for a distance of feet; thence North 09 degrees 45 minutes 32 seconds West for a distance of 9.45 feet; thence North 01 degree 12 minutes 38 seconds West for a distance of feet; thence North 40 degrees 43 minutes 49 seconds East for a distance of 5.91 feet; thence South 89 degrees 25 minutes 39 seconds East for a distance of feet; thence North 00 degrees 59 minutes 02 seconds West for a distance of feet; thence South 89 degrees 16 minutes 46 seconds West for a distance of feet; thence North 66 degrees 58 minutes 33 seconds West for a distance of 5.10 feet; thence North 41 degrees 09 minutes 26 seconds West for a distance of feet; thence North 52 degrees 41 minutes 16 seconds West for a distance of 6.09 feet; thence around a curve to the right through a central angle of 91 degrees 27 minutes 14 seconds and a radius of feet; thence a chord bearing of North 04 degrees 04 minutes 17 seconds West for a distance of feet; thence North 37 degrees 38 minutes 31 seconds East for a distance of feet; thence North 46 degrees 16 minutes 08 seconds East for a distance of feet thence around a curve to the right through a central angle of 81 degrees 15 minutes 23 seconds and a radius of feet; thence a chord bearing of North 83 degrees 26 minutes 16 seconds East for a distance of feet; thence around a curve to the left through a central angle of 22 degrees 07 minutes 52 4

5 seconds and a radius of feet; thence a chord bearing of South 74 degrees 37 minutes 29 seconds East for a distance of feet; thence South 46 degrees 05 minutes 51 seconds East for a distance of 6.99 feet; thence South 01 degree 18 minutes 13 seconds West for a distance of feet; thence South 88 degrees 19 minutes 25 seconds East for a distance of feet; thence North 02 degrees 14 minutes 32 seconds East for a distance of feet; thence North 42 degrees 59 minutes 57 seconds East for a distance of 4.87 feet; thence around a curve to the right through a central angle of 87 degrees 07 minutes 41 seconds and a radius of feet; thence a chord bearing of South 46 degrees 31 minutes 26 seconds East for a distance of feet; thence South 00 degrees 28 minutes 56 seconds West for a distance of 4.43 feet; thence South 52 degrees 53 minutes 57 seconds West for a distance of 6.60 feet; thence North 89 degrees 12 minutes 35 seconds West for a distance of feet; thence South 00 degrees 41 minutes 35 seconds West for a distance of feet; thence South 88 degrees 05 minutes 01 second East for a distance of feet; thence South 40 degrees 16 minutes 07 second East for a distance of 7.84 feet to the POINT OF BEGINNING. TERMS OF SALE: The sale of the property shall be on a credit of three (3) months, the purchaser being required to execute a bond as required by law and the order and decree of said Court in said case, with surety to be approved by Regions Bank and by said Commissioner, bearing interest from date of sale until paid, and a lien being retained on the premises sold to secure the payment of the purchase money. Given my hand this 17 th day of October, /s/ Randal B. Frazier Randal B. Frazier Arkansas Bar No Roger Todd Wooten Arkansas Bar No Kutak Rock LLP 124 W. Capitol Ave., Suite 2000 Little Rock, AR (501) Telephone (501) Facsimile Attorneys for Regions Bank COMMISSIONER By: /s/steve Sipes 5