Public Notice

PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, JULY 15 & 22, 2015.

IN THE DISTRICT COURT

IN AND FOR

ROGERS COUNTY

STATE OF OKLAHOMA

PEOPLES BANK, Plaintiff,

vs.

1. JAY FLOYD BENNETT,

2. PATSY SUE BENNETT,

3. FIRST CHOICE REFUSE CONTROL, INC.,

4. DALE W. PORTER,

5. ANGELA D. PORTER,

6. BANK OF OKLAHOMA, N.A.,

7. TREASURER OF ROGERS COUNTY, OKLAHOMA,

8. BOARD OF COUNTY COMMISSIONERS OF ROGERS COUNTY, OKLAHOMA,

9. STATE OF OKLAHOMA, ex rel. OKLAHOMA TAX COMMISSION,

10. DISCOVER BANK,

11. ROBERT A. BURGESS, DVM, PC,

12. CAPITAL ONE BANK, N.A.,

13. MIDLAND FUNDING, LLC,

14. JOHN DOE (real name unknown),

15. JANE DOE (real name unknown), Defendants.

Case No. CJ-2014-96

Judge: Sheila A. Condren

NOTICE OF SALE FOR CORRECTED APPRAISAL OF REAL PROPERTY

TO: The General Public and to the following person(s) claiming an interest in the subject real property:

Megan Winter (Bar #31752)

Assistant General Counsel

120 N. Robinson, Suite 2000 W

Oklahoma City, OK 73102

State of Oklahoma, ex rel.

Oklahoma Tax Commission

Ballard, Matthew J (Bar #19400)

Rogers County District Attorney’s Office

200 S. Lynn Riggs Blvd.

Claremore, OK 74017

Rogers County Treasurer and Board of County Commissioners of Rogers County

Bruce, Stephen L (Bar #1241)

Stephen L. Bruce & Associates

P.O. Box 808

Edmond, OK 73083

Discover Bank,

Sites, Ty H. (Bar #11176)

P.O. Box 700243

Tulsa, OK 74170

Attorney for Jay Floyd Bennett

Patsy Sue Bennett and First Choice Refuse Control Inc.

PLEASE TAKE NOTICE that pursuant to the Special Writ of Execution and Order of Sale with Appraisement the Sheriff of Rogers County will sell the real property described below to satisfy a judgment in the above-entitled action.

TRACT 1

A tract of land situated in the West Half of the Northeast Quarter (W/2 NE/4) of Section Twenty-Eight (28), Township Twenty-Two (22) North, Range Seventeen (17) East of the Indian Base and Meridian in Rogers County, Oklahoma and more particularly described as follows to wit:

Beginning at a point on the North Line of said NE/4 and 50.0 feet of the Northwest Corner thereof;

THENCE South 89 degrees 48 minutes 01 seconds East for a distance of 971.39 feet and along said north line;

THENCE South 00 degrees 04 minutes 01 seconds East for a distance of 1333.58 feet;

THENCE South 04 degrees 46 minutes 22 seconds West for a distance of 615.79 feet;

THENCE North 88 degrees 54 minutes 40 seconds West for a distance of 466.36 feet;

THENCE North 00 degrees 04 minutes 01 seconds West for a distance of 622.88 feet;

THENCE North 89 degrees 47 minutes 54 seconds West for a distance of 351.44 feet;

THENCE North 00 degrees 08 minutes 32 seconds West for a distance of 150.00 feet;

THENCE North 89 degrees 47 minutes 54 seconds West for a distance of 100.00 feet;

THENCE North 00 degrees 08 minutes 31 seconds West for a distance of 1167.29 feet to the point of beginning.

TRACT 2

A tract of land situated in the West Half of the Northeast Quarter (W/2 NE/4) of Section Twenty-Eight (28), Township Twenty-Two (22) North, Range Seventeen (17) East of the Indian Base and Meridian in Rogers County, Oklahoma, and more particularly described as follows to wit:

Beginning at the Northeast Corner of said W/2 of the NE/4;

THENCE South 00 degrees 04 minutes 01 seconds East for a distance of 2634.52 feet and along said east line of said W/2 of the NE/4 to the Southeast Corner thereof;

THENCE North 89 degrees 48 minutes 05 seconds West for a distance of 384.44 feet and along the south line of said NE/4;

THENCE North 00 degrees 04 minutes 01 seconds West for a distance of 687.60 feet;

THENCE South 88 degrees 54 minutes 40 seconds East for a distance of 30.81 feet;

THENCE North 04 degrees 46 minutes 22 seconds East for a distance of 615.79 feet;

THENCE North 00 degrees 04 minutes 01 seconds West for a distance of 1333.58 feet to a point on the North line of said W/2 of the NE/4;

THENCE South 89 degrees 48 minutes 00 seconds East for a distance of 301.68 feet and along said North line to the Point of Beginning.

TRACT 3

The South 330 feet of the West 275.1 feet more or less, of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter  (SE/4 SW/4 NE/4) of Section Twenty-eight (28), Township Twenty-two (22) North, Range Seventeen (17) East of the Indian Base and Meridian, Rogers County, State of Oklahoma, according to the U.S. Government Survey Thereof.

LESS AND EXCEPT the following described tract [Porter Tract]:

A tract of land situated in the West Half (W/2) of the Northeast Quarter (NE/4) of Section Twenty-Eight (28), Township Twenty-Two (22) North, Range Seventeen (17) East of the Indian Base and Meridian, Rogers County, State of Oklahoma, according to the United States Government Survey thereof, being more particularly described as follows, to-wit:

Commencing at the Northeast corner of said W/2 of the NE/4; Thence North 89 degrees 48’ 01” West along the North line of said W/2 of the NE/4 a distance of 301.68 feet to the point of beginning;

THENCE South 00 degrees 04’01” East a distance of 1333.58 feet;

THENCE South 04 degrees 46’ 22” West a distance of 615.79 feet;

THENCE North 88 degrees 54’40” West a distance of 466.36 feet;

THENCE North 00 degrees 04’01” West a distance of 1940.18 feet to a point on the aforementioned North line of said W/2 of the NE/4;

THENCE South 89 degrees 48’ 01” East a distance of 518.24 feet to the point of beginning.

The real property will be offered for sale for cash at public auction to the highest bidder

to take place on:

Time: 10:00 a.m.

Date: August 18, 2015

Place: Room lobby of the Rogers County Sheriff’s Office 201 S. Cherokee

The real property has been appraised as required by law at a real value of $147,000.00.

In rem judgment debtors Jay Floyd Bennett and Patsy Sue Bennett can avoid the sale by paying before the date of sale the sum of $169,475.58 plus interest accrued in the amount of $14,106.48 as of December 3, 2014 and accruing thereafter until paid at a per diem rate of $30.60; and by additionally paying the sum $13,000.00 as reasonable attorney fees; $1,175.00 for title report expenses; and $634.70 as costs herein.  For the exact amount, contact the Sheriff at the address stated below.

Dated: July 11, 2015.

Scott Walton

Sheriff of Rogers County

201 South Cherokee

Claremore, Oklahoma 74017

Prepared by:

Ronald M. Fraley, OBA #17179

Winters & King, Inc.

2448 East 81st St., Suite5900

Tulsa, OK 74137-4259

(918) 494-6868

(918) 491-6297 Facsimile

Attorney for Peoples Bank

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