Claremore Daily Progress

November 10, 2008

CJ-2008-288


Public Notice

PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, NOVEMBER 2 & 9, 2008.

IN THE DISTRICT COURT

OF ROGERS COUNTY

STATE OF OKLAHOMA

BANK OF COMMERCE, Plaintiff,

vs.

DONALD L. MORGAN and BELINDA G. MORGAN, husband and wife, Defendants,

and

SECURITY BANKCARD CENTER, INC., a Division of Arvest Bank, Norman, Oklahoma; UNITED STATES OF AMERICA, ex rel. Internal Revenue Service, and the STATE OF OKLAHOMA, ex rel. Oklahoma Tax Commission, Additional Party Defendants,

and,

MICHAEL D. BILBY and GINA L. BILBY, husband and wife; and DAKOTA FINANCIAL SERVICES, INC., Additional Party Defendants.

Case No. CJ-2008-288

SECOND ALIAS

NOTICE OF SHERIFF’S SALE

Notice is hereby given that I, the undersigned Sheriff of Rogers County, State of Oklahoma, will on the 9th day of December, 2008, at the hour of 10:00 o’clock A.M. of said day, will at the Sheriff’s Courtroom at 201 South Cherokee in the City of Claremore, Oklahoma, offer for sale and sell for cash to the highest bidder, the following described real estate and premises, situated in Rogers County, State of Oklahoma, to wit:

Lot 11 in Block 1 of Circle “H” Ranch, an addition in Section 12, Township 21 North, Range 17 East of the I.B.&M.;, Rogers County, Oklahoma, according to the recorded plat thereof.

And,

The E2 of NE/4 of NE/4 of NE/4 in Section 13, Township 21 North, Range 17 East of the I.B.&M.;, less and except the North 230 feet thereof, Rogers County, Oklahoma according to the U.S. Government Survey thereof.

And,

The NW 1/4 of the NE 1/4 of the NE 1/4 less and except the North 230.00 feet thereof, and the W 1/2 of the NE 1/4 of the NE 1/4 of the NE 1/4 less and except the North 230.00 feet thereof, all in Section 13, Township 21 North, Range 17 East of the I.B.&M.;, Rogers County, Oklahoma, according to the U.S. Government Survey thereof.

said property having been appraised at the sum of $95,000.00, will be offered for sale pursuant to a Alias Special Execution and Order of Sale issued out of the office of the Clerk of the District Court of Rogers County, State of Oklahoma, in case No. CJ-2008-288, wherein Bank of Commerce is Plaintiff, and Donald L. Morgan and Belinda G. Morgan, husband and wife; Security Bankcard Center, Inc., a Division of Arvest Bank, Norman, Oklahoma; United States of America, ex rel., Internal Revenue Service; the State of Oklahoma, ex rel., Oklahoma Tax Commission; Michael D. Bilby and Gina L. Bilby, husband and wife and Dakota Financial Services, Inc., are Defendants, to satisfy the Judgment rendered therein on the 11th day of August, 2008, in favor of the Plaintiff in the sum of $165,918.12 and interest which is accruing from and after the 10th day of April, 2008, at the rate of 8.75% per annum, or $39.41029 per diem, advances made with interest thereon for property preservation, taxes and forced placed insurance in the amount of $2,250.00, and for the further sum of $300.00 abstracting costs, costs of this suit and costs accruing, and attorney fees in the amount of $2,500.00 on its first cause of action all as set forth in the Journal Entry of Judgment on file in said cause.

And that the following described real estate and premises, situated in Rogers County, State of Oklahoma, to wit:

The E/2 of Lot 21 in Block 1 of Circle “H” Ranch, an addition in the W/2 and part of the W/2 of NE/4 of Section 12, Township 21 North, Range 17 East of the I.B.&M.;, Rogers County, Oklahoma, according to the recorded plat thereof, including one used 1993 Cavali CAV Manufactured Home Serial Number ALCA1192680S15626 with all fixtures, assessions, and accessories contained thereon or attached thereto.

Property Address: 21205 E. Renee Road, Claremore, OK 74017

said property having been appraised at the sum of $25,000.00, will be offered for sale pursuant to a Special Execution and Order of Sale issued out of the office of the Clerk of the District Court of Rogers County, State of Oklahoma, in case No. CJ-2008-288, wherein Bank of Commerce is Plaintiff, and Donald L. Morgan and Belinda G. Morgan, husband and wife; Security Bankcard Center, Inc., a division of Arvest Bank, Norman, Oklahoma; United States of America, ex rel., Internal Revenue Service; the State of Oklahoma, ex rel., Oklahoma Tax Commission; Michael D. Bilby and Gina L. Bilby, husband and wife and Dakota Financial Services, Inc., are Defendants, to satisfy the Judgment rendered therein on the 11th day of August, 2008, in favor of the Plaintiff in the sum of $18,097.17 and interest accruing at the rate of 11.25% per annum or $5.33726 per diem from and after the 23rd day of April, 2008, as provided in said note, extensions and mortgage, until paid, advances made with interest thereon from property preservation, forced placed insurance and taxes, abstract costs in the amount of $300.00, costs of this suit and costs accruing, and attorney fees in the amount of $1,000.00 on its second cause of action all as set forth in the Journal Entry of Judgment on file in said cause.

Jerry W. Prather

Sheriff

Rogers County,

Oklahoma

By: s/ Joan L. Roberts

By: Deputy

George H. Ramey, OBA #7401

Ramey & Tharp

Three South Fifth Street

Yukon, Oklahoma 73099

(405) 354-1987

(405) 354-1992 facsimile

Attorneys for Plaintiff