NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE

WHEREAS, Pamela C. Carroll, a single person, by her Deed of Trust dated January 19, 2018, and recorded January 31, 2018 as Instrument No. 180174 of the records of Douglas County, Missouri, conveyed to Kenneth A. Wagoner, Trustee, the following described property, situated in the County of Douglas and State of Missouri, to wit:

Parcel 1:

Tract #1:

The SW¼ of the SE¼ of Section 5, and the N½ of the NE¼ of Section 8, all in Township 25, Range 11, except an easement for right of way for Supplemental State Highway AA over and across the NE¼ NE¼ of Section 8, Township 25, Range 11. Also except a tract of land within the NE¼ NE¼ Section 8, Township 25 North, Range 11 West, Douglas County, Missouri, being more particularly described as follows: Beginning at the northeast corner of Section 8, marked by an aluminum monument set by LS-1454 in 1983, thence along the east boundary of said Section 8, south 01 degree 14 minutes west 1096.8 feet to a capped rebar set by LS-2639, 2005; thence north 88 degrees west 424.8 feet to an existing elk fence, thence with the meanderings and courses of said fence, the terminus of each course being marked by a galvanized steel fence post set in concrete, thence continuing north 59 degrees 26 minutes west 14.5 feet, thence continuing north 55 degrees 32 minutes west 59.9 feet, thence continuing north 47 degrees 12 minutes west 43.4 feet, thence continuing north 57 degrees 01 minute west 115.7 feet, thence continuing north 47 degrees 04 minutes west 158.3 feet, thence continuing 86.2 feet along the arc of a non-tangential curve to the right, having a radius of 430.0 feet, a length of 86.2 feet, and the chord bearing north 33 degrees 44 minutes west 86.1 feet, thence continuing north 17 degrees 51 minutes west 46.7 feet, thence continuing north 09 degrees 37 minutes east 52.7 feet, thence continuing north 45 degrees 58 minutes east 84.2 feet, thence continuing north 27 degrees 07 minutes east 87.1 feet, thence leaving said fence, north 01 degree 14 minutes east 545.7 feet to the north line of Section 8, thence along the north boundary of Section 8, south 88 degrees 39 minutes east 751.9 feet to the POINT AND PLACE OF BEGINNING OF THIS EXCEPTION.

Parcel II

Tract #1:

That portion of the NE¼ NW¼ lying east of the mid channel of the North Fork of the White River within in Section 8, Township 25 North, Range 11 West.

There is also conveyed an easement for access, roadways and utilities over, across and along the southerly 30 feet of the N½ NE¼ of said Section 8 lying westerly of State Highway AA, as set forth in deed recorded in Document #081438 of the records of Douglas County, Missouri. 

Subject to a prior deed of trust of recorded in favor of Wells Fargo Bank the subject property.

Tract 2:

All of the NW¼ of Section 8, Township 25, Range 11 except that portion of the NE¼ NW¼ lying east of the mid channel of the North Fork of the White River within in Section 8, Township 25 North, Range 11 West.

The SE¼ SW¼ of Section 5, Township 25, Range 11.

ALSO part of the NW¼ SE¼ of said Section 5, described as follows: Commencing at the southwest corner of the said forty, running thence east and to bluff at foot of hill, thence west with foot of hill nearly north to a little bottom field on the east side of the creek, thence with the creek bank on the east side of the north line, thence run west and to the northwest corner of said NW¼ SE¼, thence run south and to the place of beginning; also a part of the NE¼ SW¼ of said Section 5, described as follows: Commencing at the southeast corner of said forty, running thence west and to the southwest corner thereof, thence run north to bed of first hollow, thence nearly east with the bed of said hollow about 300 yards, thence run north with top of hill to the north line, thence run east and to the northeast corner of said NE¼ SW¼, thence run south and to the place of beginning and NOT TO INCLUDE any land now owned by Byron M. Hale, being that which is intended to be conveyed by deed recorded in Book 124 at Page 73; all above described land being in Township 25, Range 11.

Also 15 acres more or less off the north part of the SE¼ NE¼ of Section 7, Township 25, Range 11 described as follows: Commencing at a point on the west line of said forty and in center of bed of branch, thence following the meanderings of said branch in a southeasterly direction and to the mouth of said branch, thence run square across the creek to line of east side of forty, thence run north and to the northeast corner thereof, thence run west and to the northwest corner, thence run south and to the center of branch and to the place of beginning. All above land being in Township 25, Range 11.

Subject to easements and restrictions of record and existing road and highways, and specifically that certain road easement as ordered in Case No. CV196-91CC in the office of the Douglas County Recorder.

Subject to a 30 foot wide roadway and utility easement, the east line of Section 8 being coincident with the east line of said easement, from the southeast corner of the property conveyed to the northerly right of way of Highway AA, and reservation of a 5 foot fence maintenance easement, as set forth in deed recorded in Book 438 at Pages 701-702 of the records of Douglas County, Missouri.

Subject to easement for access, roadways and utilities over, across and along the southerly 30 feet of the N½ NE¼ of said Section 8 lying westerly of State Highway AA, as set forth in deed recorded in Document #081438 of the records of Douglas County, Missouri;

which conveyance was made to Kenneth A. Wagoner, Trustee, in trust to secure the payment of a certain Note in said Deed of Trust described; and

WHEREAS, default was made and still continues in the payment of said Note;

NOW, THEREFORE, at the request of the legal holder of said note and in pursuance of the provisions of said Deed of Trust, the undersigned Trustee will sell the property above described at public vendue to the highest bidder, for cash, at the north door of the Douglas County Courthouse in the City of Ava, Douglas County, Missouri, on Monday, November 18, 2019, at 1:00 p.m., for the purpose of satisfying said indebtedness and the cost of executing this trust.

Dated: October 24, 2019.

______________________

Kenneth A. Wagoner, Trustee

BRILL & WAGONER, P. C.

Attorneys for Trustee

204 West Main Street, West Plains, MO 65775

Publication Dates:  October 24 and 31; November 7 and 14, 2019.