Claremore Daily Progress

March 10, 2010

CJ 2009-496


Staff Writer

CLAREMORE —

Public Notice

PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, MARCH 3 & 10, 2010.

IN THE DISTRICT COURT

IN AND FOR

ROGERS COUNTY

STATE OF OKLAHOMA

WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-FXD1 ASSET-BACKED CERTIFICATES, SERIES 2007-FXD1; Plaintiff,

vs.

CARY W. CLINGAN; et al. Defendants,

Case No. CJ 2009-496

Judge Sheila Condren

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 6 day of April, 2010, at 10:00 o’clock, A.M., at the Sheriff’s office at 201 South 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 interests of record, if any, except the Mortgage and interest foreclosed herein on the following described real property, to-wit:

Lot Thirteen (13) in Block Two (2) of SUNNY SIDE ADDITION, a Subdivision in the North Half (N/2) of the Southeast Quarter (SE/4) of Section Fourteen (14), Township Twenty-one (21) North, Range Fifteen (15) East of the I.B.&M., Rogers County, State of Oklahoma, according to the recorded plat thereof, commonly known as 8846 Kylie Court, 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 2009-496, entitled Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD1 Asset-Backed Certificates, Series 2007-FXD1, Plaintiff, vs. Cary W. Clingan and Dianna L. Kagarice, et al., Defendants, to satisfy:

FIRST: The costs of said action accrued and accruing;

SECOND: The judgment and first lien of the Plaintiff, Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD1 Asset-Backed Certificates, Series 2007-FXD1, in the sum of $152,090.30 with interest thereon at the rate of 6% per annum, as adjusted, if applicable, from February 1, 2009, 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: Cary W. Clingan; Dianna L. Kagarice; Housing Authority of the Cherokee Nation-2; Rumsey, Collins & Griggs, LLC.

The property has been duly appraised in the sum of $150,000.00.

WITNESS MY HAND this 24 day of February, 2010.

s/ Scott Walton

By: s/ Glenda Evans

Deputy

Kivell, Rayment and Francis

A Professional Corporation

Shannon Taylor, OBA #20116

Triad Center I, Suite 240

7666 East 61st Street

Tulsa, Oklahoma 74133

(918) 254-0626

Attorneys for Plaintiff

KRF File #12225/ST