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December 28, 2012

CJ-2012-185

CLAREMORE —  

Public Notice

PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, DECEMBER 28, 2012 & JANUARY 4, 2013.

IN THE DISTRICT COURT

IN AND FOR

ROGERS COUNTY

STATE OF OKLAHOMA

M & T BANK; Plaintiff,

vs.

BOBBY R. EIDSCHUN AND JEANNIE L. EIDSCHUN; et al. Defendants.

Case No. CJ-2012-185

Judge Dynda Post

NOTICE OF SALE OF LAND UNDER EXECUTION

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Notice is hereby given that on the 7 day of February, 2013, at 10:00 o’clock, A.M., Courtroom of the Rogers County Sheriff’s Office at 201 S. Cherokee in Claremore, Oklahoma, the undersigned Sheriff will offer for sale and sell for cash to the highest and best bidder, subject to real estate ad valorem taxes, superior special assessments and all interest of record, if any, except the Mortgage and interests foreclosed herein on the following described real property, to-wit:

Lot Twenty-six (26) in Block Nine (9) of THE VINTAGE AT VERDIGRIS, a Subdivision located in Rogers County, State of Oklahoma, according to the recorded plat thereof, that is part of Section Eleven (11), Township Twenty (20) North, Range Fifteen (15) East of the I.B.&M., lying Northerly of the Northwesterly right of way line of the Will Rogers Turnpike, commonly known as 8063 Forest Glen Road, Claremore, OK 74019  (the “Property”)

Sale will be made pursuant to a Special Execution and Order of Sale issued out of the office of the Court Clerk in and for Rogers County, Oklahoma, and pursuant to said judgment reserving the right of Plaintiff to recall said execution by oral announcement and/or order of the Court, prior to the sale, said judgment entered in the District Court in and for said County, State of Oklahoma, in Case No. CJ 2012-185, entitled M&T Bank, Plaintiff, vs. Bobby R. Eidschun and Jeannie L. Eidschun, et al, Defendants, to satisfy:

FIRST: The costs of said action accrued and accruing;

SECOND: The judgment and first lien of the Plaintiff, M & T Bank, in the sum of $67,150.47 with interest thereon at the rate of 5.125% per annum from August 1, 2011, as adjusted, if applicable, until paid; advances for taxes, insurance and preservation expenses, accrued and accruing; abstracting expenses, accrued and accruing; bankruptcy fees and costs, if any; and an attorney’s fee, plus costs, with interest thereon at the same rate, until paid.

Persons or other entities having interest in the property, including those whose actual addresses are unknown and persons or other entities who have or may have unknown successors and such unknown successors are hereby notified are: Bobby R. Eidschun; Jeannie L. Eidschun; Occupants of the Premises; The Bank of New York Mellon FKA the Bank of New York as Trustee for the Benefit of the Certificateholders of the CWHEQ, Inc., Home Equity Loan Asset-Backed Certificates, Series 2006-S5.

The property has been duly appraised in the sum of $165,000.00.

WITNESS MY HAND this 22 day of December, 2012.

s/ Scott Walton

By: Lora Upton

Deputy

Kivell, Rayment and Francis

A Professional Corporation

Jason Howell, OBA #19128

Triad Center I, Suite 550

7666 East 61st Street

Tulsa, Oklahoma 74133

Telephone (918) 254-0626

Facsimile (918) 254-7915

E-mail: jhowell@kivell.com

Attorneys for Plaintiff

KRF File #23483/JH

 

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