Claremore Daily Progress

December 28, 2012

CJ-2012-371

Staff Writer
Claremore Progress

CLAREMORE —  

Public Notice

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

IN THE DISTRICT COURT

OF ROGERS COUNTY

STATE OF OKLAHOMA

BANK OF AMERICA, N.A., Plaintiff,

vs.

Humberto Perez, Jr. AKA Humberto Perez, et al., Defendants.

Case No. CJ-2012-371

NOTICE OF SHERIFF’S SALE

NOTICE is hereby given that on the 5 day of February, 2013, at 10:00 o’clock a.m., at the Sheriff’s Courtroom at 201 South Cherokee, Claremore Oklahoma, the undersigned Sheriff of said County will offer for sale and sell for cash at time of sale, at public auction to the highest and best bidder, with appraisement, all that certain real estate situated in Rogers County, State of Oklahoma, to wit:

A TRACT OF LAND IN THE NORTHEAST QUARTER (NE/4) OF SECTION FIVE (5), TOWNSHIP TWENTY-TWO (22) NORTH, RANGE FIFTEEN (15) EAST OF THE INDIAN BASE AND MERIDIAN, ROGERS COUNTY, OKLAHOMA, ACCORDING THE U.S. GOVERNMENT SURVEY THEREOF, BEING FURTHER DESCRIBED AS FOLLOWS: BEGIN 1917.95 FEET SOUTH AND 1593.92 FEET WEST OF THE NORTHEAST CORNER OF SECTION 5; THENCE NORTH PARALLEL WITH THE EAST LINE OF SECTION 5, 294.73 FEET TO THE SOUTHERLY LINE OF U.S. HIGHWAY NO. 169; THENCE IN A SOUTHWESTERLY DIRECTION ALONG SAID HIGHWAY LINE, 200 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SECTION 5, 294.73 FEET; THENCE NORTHEASTERLY ALONG A LINE PARALLEL WITH THE SOUTHEASTERLY LINE OF U.S. HIGHWAY NO. 169, 200 FEET TO THE POINT OF BEGINNING.

13405 South Highway 169

Subject to taxes and tax sales the property was duly appraised at $120,000.00.

Sale will be made pursuant to Order of Sale issued upon Judgment entered in the District Court of Rogers County, State of Oklahoma, in the above entitled cause, wherein BANK OF AMERICA, N.A. was Plaintiff and Rachel Perez, Humberto Perez, Jr. AKA Humberto Perez, Unknown Occupant, were Defendants, to satisfy the Judgment of the Plaintiff and the lien of the Defendant as follows:

1.  To the payment of the costs of said sale in this action.

2. To the Plaintiff, the principal sum of $118,626.98 with 5.75000%% interest per annum until paid, and late charges as provided in the note, any amount Plaintiff may be required to advance for payment of taxes, insurance or preservation of the subject property, together with costs of this action; and

3. That the residue, if any, to be paid to the Clerk of this Court to await further Order of this Court.

Including the reasonable expenses and costs of this action, including the payments of any prior mortgage interest, taxes, or prior liens, accrued and accruing.

WITNESS my hand this 21 day of December, 2012.

Sheriff of Rogers County

State of Oklahoma

By: s/ Lora Upton

Deputy

s/ Gretchen Latham

Gretchen Latham, #17523

Attorney for Plaintiff

Kozeny and McCubbin, L.C.

Attorneys for Plaintiff

609 S. Kelly Avenue, Suite H-3

Edmond, Oklahoma 73003

Phone: (405) 285-8100 (Edmond Office)

Phone (314) 991-0255 (St. Louis Office)

Fax: (405) 285-8101