First National Bank of Izard County v. B & H Resources, LLC et al

Filing 79

JUDGMENT AND DECREE OF FORECLOSURE Against Northstar Farms LLC in favor of Plaintiff in the amount of $358,604.93 plus interest accruing daily after 9/27/2016 at the rate of $64.04 per day and for its costs plus an attorney's fee in th e amount of $35,860. If Judgment is not paid within a reasonable time the real property described herein is to be sold at public auction and U.S. Marshal Clifton Massanelli is directed to make the sale. Signed by Magistrate Judge Beth Deere on 10/4/2016. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
FIRST NATIONAL BANK OF IZARD
COUNTY,
Plaintiff,

)
)
)
)
)

V.

)
)
EVERGREEN PROCESSING, LLC, t/k/a )
B & H RESOURCES, LLC; NORTHSTAR )
FARMS, LLC; JOHN P. I-IARDY; CELTIC)
BANI<; and HELEN BARTMESS,
)
)

Defendants.

)

and
CELTIC BANK,
Plaintiff

'

V.

)
)
)
)
)
)

HAYNESVILLE SHAL,E RENTAL, LLC; )
)
EVERGREEN PROCESSING, LLC,
)
Defendants,
)
)
FIRST NATIONAL BANK OF IZARD
)
COUNTY; HELEN BARTMESS,
)
INDIVIDUALLY, AND AS EXECUTRIX )
OF THE ESTATE OF GEORGE
)
BARTMESS, DECEASED,
)
)
Additional Defendants.
)

Case No. 1: 15-cv-5 BD

JUDGMENT AND
DECREE OF FORECLOSURE
AGAINST NORTlISTAR FARMS, LLC
On this date the above-styled matter comes on for consideration by
the Court and Plaintiff is present by its attorney, Robert D. Stroud; Defendant
Northstar Farms, LLC, appears not, and the Comi being well and sufficiently
advised in the law and the facts, finds:
1. This Court has jurisdiction of the parties to and subject matter
of this action.
2. On September 26, 2016, an Order was entered granting First
National Bank of Izard County's motion for partial summary judgment against
Northstar finding there are no genuine issues of material fact and that Plaintiff
is entitled to judgment as a matter oflaw.
3. On or about August 7, 2009, Defendant Northstar Farms, LLC,
executed and delivered to Plaintiff its promissory note and security agreement
in the original principal amount of $320,230.65, payable with interest at the rate
of 6.500% per annum, on demand, but if no demand is made on February 7,
2010, when the entire unpaid principal and interest would be due and payable.

2

4. As security for the payment of the promissory note, Defendant
Northstar Farms, LLC, executed and delivered to Plaintiff its mortgage on the
following described real property situated in Izard County, Arkansas:
All that part of the Southeast Quarter Northwest
Quarter lying South of State Highway 56 in Section
10, Township 17 North, Range 10 West of the 5th
P.M. of Izard County.
AH that part of the Southwest Quarter Northeast

Quarter lying South of State Highway 56 in Section
10, Township 17 North, Range 10 West of the 5th
P.M. of Izard County.
Part of the Southeast Quarter Southwest Quarter
lying East of an existing fence and part of the West
Half of the Southeast Quarter lying East of an
existing fence described as follows: Beginning at
the Southwest corner of the Southeast Quarter
Southeast Quarter; thence North 86 degrees 26
minutes 51 seconds West, 1075.96 feet to a point;
thence North 37 degrees 39 minutes 07 seconds
West, 833.75 feet to a point; thence North 49
degrees 10 minutes 10 seconds West, 1572.02 feet to
a point; thence North 41 degrees 43 minutes 32
seconds West, 1263.7 4 feet in Section 10, Township
17 North, Range 10 West of the 5th P.M. of Izard
County.
Part of the Southeast Quarter Northeast Quarter
lying South of State Highway 56 in Section 10,
Township 17 North, Range 10 West of the 5th P.M.
of Izard County.

3

All the Northeast Quarter Southeast Quarter in
Section 10, Township 17 North, Range 10 West of
the 5th P.M. of Izard County.
AU the Southeast Quarter Southeast Quarter in
Section 10, Township 17 North, Range 10 West of
the 5th P.M. Izard County.
The North Half Northeast Quarter Northeast
Quarter of Section 15, Township 17 North, Range
10 West of the 5th P.M. of Izard County.

said mortgage having been recorded in Book 32 at Page 553 of the Izard County
records.
5. From time to time, Plaintiff and Defendant Northstar Farms,
LLC, entered into Loan Extension Agreements concerning the promissory note.
6. From time to time, Plaintiff and Defendant Northstar Farms,
LLC, also entered into Modifications of Mortgage concerning the promissory
note.
7. Defendant Northstar Farms, LLC, has failed and refused to
make payments in accordance with the terms of the promissory note, and is
wholly in default. Plaintiff is entitled to in rem judgment from and against
Northstar Farms, LLC, in the amount of $358,604.93, plus interest accruing
daily after September 27, 2016, of $64.04 per day, plus its costs and an
attorney's fee of $35,860.00.

4

7. Although Defendants Celtic Bank and Helen Bartmess claim an
interest in other property mortgaged to First National Bank of Izard County, no
other party claims any interest in the following described property owned by
Nmihstar Farms, LLC, covered by the M01igage given to secure the Promissory
Note:
All that part of the Southeast Quarter Northwest
Quarter lying South of State Highway 56 in Section
10, Township 17 North, Range 10 West of the 5th
P.M. of Izard County.
All that part of the Southwest Quarter Northeast
Quarter lying South of State Highway 56 in Section
10, Township 17 North, Range 10 West of the 5th
P.M. of Izard County.
Part of the Southeast Quarter Southwest Quarter
lying East of an existing fence and part of the West
Half of the Southeast Quarter lying East of an
existing fence described as follows: Beginning at
the Southwest corner of the Southeast Quarter
Southeast Quarter; thence North 86 degrees 26
minutes 51 seconds West, 1075.96 feet to a point;
thence North 37 degrees 39 minutes 07 seconds
West, 833.75 feet to a point; thence North 49
degrees 10 minutes 10 seconds West, 1572.02 feet to
a point; thence North 41 degrees 43 minutes 32
seconds West, 1263.74 feet in Section 10, Township
17 North, Range 10 West of the 5th P.M. of Izard
County.

5

Part of the Southeast Quarter Northeast Quarter
lying South of State Highway 56 in Section 10,
Township 17 North, Range 10 West of the 5th P.M.
of Izard County.
All the Northeast Quarter Southeast Quarter in
Section 10, Township 17 North, Range 10 West of
the 5th P.M. of Izard County.
All the Southeast Quarter Southeast Quarter in
Section 10, Township 17 North, Range 10 West of
the 5th P.M. Izard County.
The North Half Northeast Quarter Northeast
Quarter of Section 15, Township 17 North, Range
10 West of the 5th P.M. of Izard County.

NOW, THEREFORE, IT IS HEREBY CONSIDERED, ORDERED
and ADJUDGED Plaintiff have judgment from and against N01ihstar Farms,
LLC, in the amount of $358,604.93, plus interest accruing daily after September
27, 2016, at the rate of$64.04 per day, and for its costs, plus an attorney's fee in
the amount of $35,860.00; that Plaintiff's lien be declared to be a first, valid and
paramount lien on the real property described herein; that if said judgment be
not paid within a reasonable time, that the real property described herein be sold
at public auction at the front door of the Izard County Courthouse, Melbourne,
Arkansas, after publication of the notice of sale in a newspaper having a
general circulation in Izard County, Arkansas, once weekly for four consecutive

6

weeks; U. S. Marshall Clifton Massanell is directed to make said sale; that the
proceeds of the sale shall be first applied to the cost of this action, including a
reasonable Marshall's fee, next applied toward the satisfaction of the judgment
of First National Bank of Izard County, and the balance, if any, held pursuant to
fmiher orders of this Comi; that the equities of Defendants in such real property
should be, and are hereby, forever foreclosed and barred.

)

BETH DEERE, Magistrate Judge
DATE:

APPROVED AS TO FORM:

Isl James E. Smith, Jr.
BLAIR ARNOLD/JAMES E. SMITH, JR.,
Attorneys for Helen Bartmess

Isl Robe1i J. Gibson
ROBERT J. GIBSON, Attorney for
Celtic Bank

7

~~1-,I :J0f4