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NOTICE OF TRUSTEE’S SALE

Default having been made in the payment of the debt and the performance of the obligations of the notes described in and secured by a Deed of Trust dated January 15, 2009 executed by, Action Land and Cattle Company, Inc., a Missouri Corporation, and recorded in the Office of the Recorder of Deeds of Douglas County, Missouri, on January 23, 2009, at 10:06 A.M., as Document No. 090123, conveying to the Trustee property including the following described property in Douglas County, Missouri, to-wit:

Tract No. 1:

The East 20 rods of even width of the SW 1/4 SW 1/4 (E 1/2 E 1/2 SW 1/4 SW 1/4) of Section 2, Township 26, Range 16 and the East 20 rods of even width of the NW 1/4 NW 1/4 (E 1/2 E 1/2 NW 1/4 NW 1/4) of Section 11, Township 26, Range 16, EXCEPT a plat or tract out of the Southeast corner of said E 1/2 E 1/2 NW 1/4 NW 1/4 thereof, described as commencing at the point where the North right-of-way line of State Highway No. 14 crosses the East line of the NW 1/4 NW 1/4 of said Section 11, Township 26, Range 16 and run thence North on said East line 125 feet, thence run West 75 feet, thence run South and to the North right-of-way line of said State Highway No. 14, thence run East, following said right-of-way line and to the place of beginning of said EXCEPTION.

ALSO EXCEPT: That certain parcel or tract of land being a part of Section 2 and 11, Township 26 North, Range 16 West, being more particularly described as follows:

Commencing at an existing iron pin at the Southeast corner of the Southwest Quarter of the Southwest Quarter of said Section 2, thence N 01 degree 07′ 17″ E, a distance of 461.61 feet for

a point of beginning; thence N 88 degrees 30′ 00″ W, a distance of 333.65 feet; thence N 00 degrees 56′ 52″ E, a distance of 60.00 feet; thence S 88 degrees 30′ 00″ E, a distance of 333.83

feet; thence S 01 degree 07′ 17″ W, a distance of 60.00 feet to the point of beginning containing 20,023.42 square feet (0.46 acres) more or less.

ALSO EXCEPT: Commencing at an existing iron pin at the Southeast corner of the Southwest Quarter of the Southwest Quarter of said Section 2; thence N 01 degree 07′ 17″ E, a distance of 521.61 feet; thence N 88 degrees 30′ 00″ W, a distance of 56.44 feet for a point of beginning; thence continuing N 88 degrees 30″ 00″ W [sic], a distance of 35.00 feet; thence N 01 degree 30′ 00″ E, a distance of 40.00 feet; thence S 88 degrees 30′ 00″ E, a distance of 35.00 feet; thence S 01 degree 30′ 00″ W, a distance of 40.00 feet to the point of beginning. ALSO,

Commencing at an existing iron pin at the Southeast corner of the Southwest Quarter of the Southwest Quarter of said Section 2; thence N 01 degree 07′ 17″ E, a distance of 461.61 feet; thence N 88 degrees 30′ 00″ W, a distance of 56.84 feet for a point of beginning; thence S 01 degree 30′ 00″ W, a distance of 40.00 feet; thence N 88 degrees 30′ 00″ W, a distance of 35.00 feet; thence N 01 degree 30′ 00″ E, a distance of 40.00 feet; thence S 88 degrees 30′ 00″ E, a distance of 35.00 feet to the point of beginning. Containing 2,800 square feet (0.06 acres) more or less.

Subject to right-of-way for State Highway No. 14, as it now runs.

Tract No. 3:

All that part of the NW 1/4 NE 1/4 of Section 10, Township 26, Range 16, described as follows: Commencing at a point 24 rods North of the Southeast corner of said forty acre tract and run thence West 268.9 feet thence South 4.4 feet to an iron pin for a TRUE POINT OF BEGINNING, from this point run South 66 degrees East a distance of 93.9 feet to an iron pin, thence South 61degrees, 40 minutes East a distance of 39.9 feet to an iron pin, thence South 26 degrees 46 minutes West a distance of 112.6 feet to an iron pin on the North right-of-way of Highway No. 14, thence Northwesterly along said North right-of-way line to a point due West of the point of beginning thence run East and to the true point of beginning; EXCEPT that part of the above described tract which lies within an area described as beginning at a point 268.9 feet West of a point 24 rods North of the Southeast corner of said forty and run thence South 4.4 feet to an iron pin for a true point of beginning of said EXCEPTION, thence run South 10 degrees West and to the North right-of-way line of state Highway No, 14, thence Northwesterly along said North right-of-way line to a point due West of the TRUE POINT OF BEGINNING of said Exception, thence run East and to the true point of beginning of said EXCEPTION. ALSO EXCEPT:

Tract #3-1

A part of the NW 1/4 of the NE 1/4 of Section 10, Township 26 North, Range 16 West described as follows: Commencing at the Southeast corner of said NW 1/4 of NE 1/4 thence North 01 degrees 20′ 40″ East 395.18 feet; thence North 88 degrees 46′ 18″ West 268.82 feet to the POINT OF BEGINNING; thence South 01 degree 13’42” West 4.36 feet; thence South 64 degrees 43′ 36″ East 21.52 feet; thence South 21 degrees 59’00” West 111.98 feet to the North right-of-way line of State Route “14”; thence along said North right-of-way line and the arc of a curve to the right 197.10 feet, said curve having a radius of 1392.70 feet and a chord bearing North 52 degrees 01′ 00″ West; thence departing said North right-of-way line South 88 degrees 46’18” East 177.81 feet to the point of beginning containing 0.28 acres more or less.

Tract #3-2

A part of the NW 1/4 of the NE ¼ of Section 10, Township 26 North, Range 16 West, described as follows: Commencing at the Southeast corner of said NW 1/4 of NE 1/4 thence North 01 degree 20’40” East 395.18 feet; thence North 88 degrees 46′ 18″ West 268.82 feet to THE POINT OF BEGINNING thence North 88 degrees 46′ 18″ West 177.81 feet to the North right-of-way line of State Route “14” thence along said North right-of-way line and the arc of a curve to the right 28.53 feet, said curve having a radius of 1392.70 feet and a chord bearing North 47 degrees 22′ 32″ West, thence departing said North right-of-way line, and along an existing fence line, South 88 degrees 34’27” East, 170.07 feet, thence South 58 degrees 35’02” East 35.41 feet, thence South 73 degrees 19’15” West 1.54 feet to the point of beginning containing 0.07 acres more or less.

TAX PARCEL NO.: Tract #1: 11-0.1-02-000-000-062.000

Tract #2: 11-01, 1-11-002-001-012.000

Tract #3: 11-0.2-10-001-003-004.000

Tract No. 4:

Ninety (90) feet off of the East end of the South Fifteen (15) acres of the NE 1/4 NW 1/4 of Section 11, Township 26, Range 16, EXCEPT that part thereof deeded to the City of Ava, for street purposes in Book 134 at Page 592. Also that part of the NE 1/4 NW 1/4 of Section 11, Township 26, Range 16, described as commencing at a point 94 feet West of the Southeast corner of said forty and run thence North 355 feet, thence East 4 feet, thence South 355 feet, thence West 4 feet, and to the point of beginning. EXCEPT from the above described property that part described as beginning at the Southeast corner of the NE 1/4 NW 1/4 of Section 11, Township 26, Range 16 and run thence West 94 feet, thence run North 276.5 feet, thence run East 94 feet and to the East line of said forty, thence run South 276.5 feet and to the point of beginning.

TAX PARCEL NO.: 11-0.1-11-002-001-013.001

Tract No. 5:

Lots 6,7,8,9,10,11,12,51,52,59,60,82,83,84, 85,86,87,88,89,90,91,130,131,132 and 133 Bland’s Ava View Heights Subdivision to the City of Ava, Missouri as per plat of record in Plat Book 2 at Page 12 in the Office of the Douglas County, Recorder.

TAX PARCELS:

11-0.2-03-003-002-005.000

11-0.2-03-003-004-003.000

11-0.2-03-003-008-0016.000

11-0.2-03-003-004-009.000

11 -0.2-03-003-008-009.000

11-0.2-03-003-008-0010.000

11-0.2-03-003-004-009.000

11-0.2-03-003-004-003.001

11-0.2-03-003-005-033.000

Tract No.6:

That part of the NE 11/4 N W 1/4 of Section 11, Township 26, Range 16 described as beginning at the Southeast corner of said forty and run thence West 94 feet, thence run North 276.5 feet, thence run East 94 feet and to the East line of said forty, thence run South 276.5 feet and to the point of beginning. Subject to easements.

TAX PARCEL NO.: 11-0.1-11-002-001-013.000

At the request of the legal holder of said note who has elected to declare the entire indebtedness due and payable, and in accordance with the provisions of the said Deed of Trust, the undersigned Trustee will on Wednesday, July 3, 2013 to-wit at 1:00 p.m., sell said property at public venue to the highest bidder for cash at the steeps of the Courthouse, in the City of Ava, Douglas County, Missouri, to satisfy said note and costs.

 

Raymond M. Gross,

Successor Trustee

 06-06-37-4t

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