Mid-State Trust X v. Crowson

Filing 17

ORDER Confirming Foreclosure Sale. Signed by Judge James M. Moody on 5/17/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ,ARKANSAS
WESTERN DIVISION .
MID-STATE TRUST X and GREEN TREE
SERVICING LLC
Plaintiffs,

v.
JOHNNY CROWSON,
Defendantffhird Party Plaintiff

Case No. 4-03-CV-485-JMM

v.
JIM WALTER HOMES, INC. and MID-STATE

HOMES,INC.

Third Party Defendants.

ORDER CONFIRMING FORECLO,URE SALE
On this day is presented to the Court the Commission¢r's Report of Foreclosure Sale, and
the Court finds that said sale was duly advertised and c10nducted in accordance with the
applicable law and statutes, and the Court approves and confitjrns said sale, finds that the sum bid
for said property was adequate, that the terms of said sale Were proper in all respects, and that
said sale was legally proper in all respects.

IT IS, THEREFORE, CONSIDERED, ORDEREP, ADJUDGED and DECREED
that said sale and Report of Foreclosure Sale be, and the same are hereby, in all things approved
and confirmed, and that the Commissioner, upon complete payment or- credit of the purchase
money, is directed to execute, acknowledge and deliver to sai~ purchaser a Commissioner's Deed
conveying the lands and improvements described in the F ore910sure Decree to the purchaser and
that the judgment previously rendered in this cause in favor of the Plaintiffs be and the same is
hereby credited with the amount of said sale in the sum of $105,000.00, and partially satisfied to
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such extent, and that after said deed is transferred, all necessary writs may be issued by the Clerk
upon application of the purchaser to place the purchaser in possession of said property_
IT IS SO ORDERED.

~~. \/vt Vl/L:2.~aJ
~ATES DISTICT JUDGE '
Date:._ _&_---'-ft::.-I~/_'_\_=,2-=__ __

Prepared by:
Harry A. Light
Friday, Eldredge & Clark
400 West Capitol Avenue, Suite 2000
Little Rock, Arkansas 72201
[phone]

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

MID-STATE TRUST X and GREEN TREE
SERVICING LLC
Plaintiffs,

v.
JOHNNY CROWSON,
Defendantffbird Party Plaintiff

Case No. 4-03-CV-48S-JMM

v.
JIM WALTER HOMES, INC. and MID-STATE

HOMES,INC.

Third Party Defendants.

REPORT OF FORECLOSURE SALE
Dennis Milligan. the Court-appointed Commissioner to execute the Foreclosure Decree
of the Court herein, reports as follows:
Pursuant to the Foreclosure Decree of this Court entered March 14. 2012. he published
notice of the time. terms. and place of sale of the lands and improvements ordered sold once a
week for four (4) consecutive weeks prior to the date of sale in the Benton Courier, a newspaper
in Saline County. Arkansas. having a bona fide circulation therein, the insertions of such notice
being on March 21, 2012. March 28, 2012, April 4. 2012 and April 11, 2012, the dates of
publication of such notice being more particularly set out in an affidavit of publication filed
herein and made a part of this report by reference.
On the 1st day of May, 2012. the date in said notice specified for such sale, at 11:00 a.m.,
your Commissioner offered for sale at public auction at the front door of the County Courthouse,
Saline County, Benton, Arkansas, the place specified in said notice, to the highest bidder upon a
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credit of three (3) months, the following lands and improvements thereon in Saline County,
Arkansas:

THAT PORTION OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SECTION 18, TOWNSHIP 2 SOUTH, RANGE 14 WEST,
SALINE COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
SAID WEST HALF OF THE NORTHWEST QUARTER, THENCE S
00°00'00" W 1265.01 FEET; THENCE N 90000'00" E 20.00 FEET TO THE
EAST LINE OF CANTERBURY ROAD; THENCE N 90°00'00" E 154.93
FEET TO THE POINT OF BEGINNING; THENCE N 90°00'00" E 194.18
FEET; THENCE S 01°15'18" E 71.47 FEET; THENCE S 89°34'10" W
113.81 FEET; THENCE S 00°13'08" E 173.37 FEET TO THE NORTH
LINE OF SILICA HEIGHTS ROAD; THENCE N 58°09'44" W 28.28 FEET
ALONG SAID NORTH LINE OF SILICA HEIGHTS ROAD; THENCE N
6OD28'23" W 84.57 FEET ALONG SAID NORTH LINE OF SILICA
HEIGHTS ROAD, DEPARTING FROM SAID NORTH LINE OF SILICA
HEIGHTS ROAD, THENCE N 04OJ2'18" E 189.68 FEET TO THE POINT
OF BEGINNING, CONTAINING 0.64 ACRES.
At said sale, held as stated, Green Tree Servicing LLC, Plaintiff's assignee, bid and
offered to pay for said property the sum of $105,000.00 as a credit against the judgment, and this
being the highest and best bid for said property, the same were sold to the said Green Tree
Servicing LLC for said sum.
WHEREFORE, Dennis Milligan, Commissioner, prays that the Court approve his actions

stated herein, that said sale be confirmed, and that upon full payment or credit to Plaintiff of the
purchase money, he be directed to execute a deed to the purchaser for said property and that said
purchase price, after payment of all costs, be applied to the judgment herein rendered in partial
satisfaction thereof.

COMMI SIONER

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