Mid-State Trust X v. Crowson

Filing 18

ORDER Approving Commissioner's Deed 17 . 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,
HOMES,INC.
Third Party Defendants.

INC.

and

MID-STATE

ORDER APPROVING COMMISSIONER'S DEED
On this day is presented to the Court the Commissioner's Deed of Dennis Milligan,
Commissioner appointed to execute the Foreclosure Decree rendered in the above-styled cause,
and the Court having examined the Commissioner's Deed to Green Tree Servicing LLC, the
assignee of the judgment rendered in this cause who was the purchaser of the real property and
improvements described in the Foreclosure Decree of the Court and in said Commissioner's
Deed, the Commissioner's Deed is in all things approved and confirmed. And the Commissioner,
having acknowledged that he has executed the Commissioner's Deed to said purchaser, thereby
conveying the land and improvements more specifically described in the Foreclosure Decree and
Commissioner's Deed, for the consideration and purposes set forth therein, it is therefore
ORDERED that the Commissioner's Deed be approved and confirmed and that this order and

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acknowledgment be entered upon the record along with said Commissioner's Deed, and certified
by the Court Clerk under the seal of this Court.
IT IS SO ORDERED.

~~~GE
Date:

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ACKNOWLEDGMENT
IN WITNESS that the above and foregoing order and acknowledgment is a true and
complete copy of same from the records and proceedings of the United States District Court for
the Eastern District of Arkansas, I hereby set my hand and seal as Clerk of said Court on this
\1~ day of May, 2012.
JAMES W. McCORMACK, Clerk
DATE:

sit, /1-012-

By:1)MAtA-{)~eJu ,..,...
Deputy Cler

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FILE'fl

~ ALINE

This instrument prepared by:
Harry A. Light
Friday, Eldredge &. Clark
400 West Capitol, Suite 2000
Little Rock, AR 72201

COUN I Y

CIHCUiT CLERK

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

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~TATETRUSTXandGREENTREE

SERVICING LLC

Plaintiffs,

v.
JOHNNY CROWSON,

DefendantlThird Party Plaintiff

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

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

HOMES, INC.

Third Party Defendants.

COMMISSIONER'S DEED
KNOW ALL MEN BY THESE PRESENTS:

That Dennis Milligan, as Commissioner, hereby certifies and conveys as follows:

I certify under penalty of false swearing that the legally correct
amount of documentary stamps haa been placed on this
Instrume
Grantee Grantee's Agent and Grantee's address
to whl tax statanlenta should be mailed:

en Tree ServiCing LLC
1400 Turbine Drive
Rapid City, South Dakota m03

WHEREAS, in the United States District Court for the Eastern District of Arkansas on
the 14th day of March, 2012, it was ordered, adjudged and decreed in the above-styled cause,
that the Plaintiffs, MID-STATE TRUST X and GREEN TREE SERVICING LLC have
judgment against DEFENDANT JOHNNY CROWSON, in the sum of $106,650.00, as of
December 11, 2011, with interest thereon until paid plus other amounts set forth in the Judgment
and Decree of Foreclosure; and it was decreed that all of the right, title, interest, equity and estate
of the DEFENDANT and anyone claiming by through or under DEFENDANT, as well as all
rights of dower, homestead and redemption ofDEFENDANT and anyone claiming by through or
under DEFENDANT, in and to the property hereinafter described be foreclosed and forever
barred, and that upon default in the payment of said judgment, interest, attorney's fee, and costs,
this Commissioner should give notice of the time, terms and place of sale and sell at public
auction to the highest bidder, on a credit of three months, at the designated door of the County
Courthouse in Saline County, Arkansas, between the hours of nine o'clock in the morning and
three o'clock in the afternoon, following proper publication of notice, the real and personal
property described in the Judgment and Decree of Foreclosure and that Mortgage dated March
26,2001 and recorded in Book 01, Page 22047 in the Office of the Circuit Clerk and Ex-Officio
Recorder for Saline County, Arkansas and incorporated herein by reference including the
following described real property and improvements thereon (the real property and other
property described in the mortgage together with all tenements, hereditaments and appurtenances
thereunto belonging being hereinafter referred to as the "Propertv"):

THAT PORTION OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SECTION 18, TOWNSIDP 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
2

00°00'00" W 126!.01 FEET; THENCE N 90°00'00" 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 11.41 FEET; THENCE S 89°34'10" W
113.81 FEET; THENCE S 00°13'08" E 113.31 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
60028'23" W 84.51 FEET ALONG SAID NORTH LINE OF SILICA
HEIGHTS ROAD, DEPARTING FROM SAID NORTH LINE OF SILICA
HEIGHTS ROAD, THENCE N 04°32'18" E 189.68 FEET TO THE POINT
OF BEGINNING, CONTAINING 0.64 ACRES.
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AND WHEREAS, said sale was conducted according to the judgment and decree of said

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Court and in accordance with applicable law, which sale was duly reported to the Court and

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approved by the Court and the undersigned Commissioner was directed to make a deed to the
purchaser, Green Tree Servicing LLC, assignee of the judgment rendered herein, who offered the
highest and best bid at said sale;
AND WHEREAS, the undersigned Commissioner and the Grantee named herein, who

was the purchaser at said sale, have in all respects complied with and conformed to applicable
law, and their respective actions have been approved by and have been in accordance with the
orders ofthe Court;
NOW THEREFORE, Dennis Milligan, as Commissioner, acting for and on behalf of the
United States District Court for the Eastern District of Arkansas, and in accordance with its
Judgment and Decree of Foreclosure, in consideration of the premises and of the sum of
$105,000.00 as a credit against the judgment, does hereby grant, bargain, sell and convey the
Property unto Green Tree Servicing LLC, and unto its successors, heirs and assigns forever.

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In Witness Whereof. I have hereunto affixed my hand as Commissioner, and the seal of

this Court, this

~ day of ~

.2012.

<'S

COMMISSIONER

ACKNOWLEDGMENT
STATE OF ARKANSAS

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COUNTY OF SALINE

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On this day personally appeared before me. the undersigned. a Notary Public. within and
for the state and county aforesaid. duly commissioned. qualified and acting. DENNIS
MILLIGAN, Commissioner, to me known to be the person executing the foregoing
Commissioner's Deed and acknowledged to me that he has executed the same for the
consideration, uses and purposes therein mentioned and set forth.
A

1 WITNESS my hand and official seal as such Notary Public, on this

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FILED FOR RECORD

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DENNIS MILLIGAN. CIRCUIT CLERK

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