PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, APRIL 28, MAY 5, 12 & 19, 2013.
April 25, 2013
NOTICE OF SALE- TIME AND PLACE OF SALE
TO THE FOLLOWING PARTIES:
FIRST HORIZON HOME LOAN CORPORATION
COMPASS CHURCH LTD.
BANK OF THE LAKES
WEST FAMILY LIMITED PARTNERSHIP
Re: Real Estate Mortgage with Power of Sale dated August 25, 2005, from Dorsey, Inc, as mortgagor to First Pryority Bank, as mortgagee, filed in the Office of the Rogers County Clerk on the 30th day of August, 2005, and recorded in Book 1706 at Page 818 (the “Mortgage”), assigned to Austin Excavation, LLC by Assignment of Mortgage filed in the Office of the Rogers County Clerk on March 19, 2013 and recorded in Book 2313 Page 274
This Notice of Sale – Time and Place of Sale is being given pursuant to Title 46, Oklahoma Statutes, §45. Attached hereto is the Affidavit required by Title 46, Oklahoma Statutes, §45.
A breach(es) or default(s) has occurred under the terms of the Real Estate Mortgage with Power of Sale, dated August 25, 2005, from Dorsey, Inc., as mortgagor, to First Pryority Bank, as mortgagee, filed in the Office of the Rogers County Clerk on the 30th day of August, 2005, and recorded in Book 1706 at Page 818 (the “Mortgage”), such default being failure to pay all amounts due under Note dated August 25, 2005 (the “Note”), and as otherwise specified in the Notice of Intent to Foreclose by Power of Sale dated March 19, 2013.
Austin Excavation, LLC (“Mortgagee”) has elected to use the remedy available pursuant to the Power of Sale Mortgage Foreclosure Act (the “ACT”) as described in Title 46, Oklahoma Statutes, §§40-49, inclusive.
The legal description of the property as it appears in the Mortgage and any street address of the property is described as follows:
The W/2 of the NW/4 of NE/4 of SE/4 of Section 33, Township 21 North, Range 15 East of the I.B.&M, Rogers County, Oklahoma, according to the U.S. Government Survey thereof (House and Barn retained by Terry and Heidi)
Street Address of the Property
6780 E. 525 Road, Claremore, Oklahoma 74019
The above described property is hereinafter referred to as the “Property.”
The Property shall be sold on the 31st day of May, 2013 at 10:00 o’clock a.m. on the west steps of the Rogers County Courthouse, 200 S. Lynn Riggs Blvd., Claremore, OK 74018.
The Mortgagor, as that term is defined in the Act, has the right to redeem the Property from foreclosure by paying all principal, interest and other sums secured by the Mortgage to the Mortgagee prior to the execution and delivery of a deed resulting from the intended sale as described in Title 46, Oklahoma Statutes, §47. All other parties to whom this Notice is addressed which claim an interest in the Property are hereby advised that the Property will be sold subject to their claims unless you elect to join the exercise of power of sale or that Mortgagee claims an interest superior to the claims of all such persons and that their interests shall be terminated by the sale unless they take appropriate legal action.
IF THE PROPERTY SUBJECT TO THIS MORTGAGE IS THE MORTGAGOR’S HOMESTEAD, IT SHALL BE SOLD PURSUANT TO A POWER OF SALE WITHOUT JUDICIAL FORECLOSURE UNLESS, AT LEAST TEN (10) DAYS BEFORE THE PROPERTY IS TO BE SOLD UNDER A POWER OF SALE, THE MORTGAGOR SENDS WRITTEN NOTICE BY CERTIFIED MAIL TO THE MORTGAGEE STATING THAT THE PROPERTY INVOLVED IS THE MORTGAGOR’S HOMESTEAD AND THAT JUDICIAL FORECLOSURE IS ELECTED, AND FILES OF RECORD A COPY OF SUCH NOTICE WHICH CONTAINS A LEGAL DESCRIPTION OF THE PROPERTY, WITH THE COUNTY CLERK OF THE COUNTY WHERE THE PROPERTY IS SITUATED.
IF THE PROPERTY IS SOLD PURSUANT TO A POWER OF SALE, THE MORTGAGOR MAY AVOID A DEFICIENCY JUDGMENT BY SENDING A WRITTEN NOTICE BY CERTIFIED MAIL TO THE MORTGAGEE, AT LEAST TEN (10) DAYS BEFORE THE PROPERTY IS TO BE SOLD UNDER THE POWER OF SALE, THAT STATES THAT THE PROPERTY INVOLVED IS THE MORTGAGOR’S HOMESTEAD AND THAT THE MORTGAGOR ELECTS AGAINST A DEFICIENCY JUDGMENT.
THIS NOTICE CONTAINS IMPORTANT INFORMATION INVOLVING THE PROPERTY OF THE PERSONS OR COMPANIES RECEIVING THE SAME AND SUCH PERSONS OR COMPANIES MAY WANT TO SEEK LEGAL DEVICE.
YOU ARE HEREBY NOTIFIED THAT IF A PURCHASER OTHER THAN THE MORTGAGEE, WHEN REQUIRED BY THE MORTGAGEE, FAILS TO POST CASH OR CERTIFIED FUNDS EQUAL TO TEN PERCENT (10%) OF THE AMOUNT BID FOR THE PROPERTY WITHIN TWENTY FOUR (24) HOURS OF THE SALE, EXCLUDING SUNDAYS AND LEGAL HOLIDAYS, OR OTHERWISE FAILS TO COMPLETE THE SALE, THE MORTGAGEE MAY PROCEED WITH THE SALE AND MAY ACCEPT THE NEXT HIGHEST BID. THE PARTY THAT FAILS TO MAKE SUCH PAYMENT SHALL BE LIABLE TO ANY PERSON WHO SUFFERS LOSS OR EXPENSES, INCLUDING ATTORNEYS’ FEES, OCCASIONED THEREBY AND THE MORTGAGEE MAY THEREAFTER IN ANY SALE OF PROPERTY REJECT ANY BID OF SUCH PERSON. THE TEN PERCENT (10%) DEPOSIT SHALL BE PLACED IN ESCROW BY THE MORTGAGEE AND HELD IN ESCROW PENDING COMPLETION OF THE SALE. IN THE EVENT A PURCHASER WRONGFULLY FAILS TO COMPLETE THE TRANSACTION OF SALE WTHIN TEN (10) DAYS OF THE SALE OR A LONGER REASONABLE TIME PERMITTED BY THE MORTGAGEE, ANY DEPOSIT SHALL BE APPLIED FIRST TO THE EXPENSES OF THE SALE AND THE BALANCE TO THE DEBT, AND THE PURCHASER SHALL BE LIABLE TO ANY PERSON WHO SUFFERS LOSS OR EXPENSES, INCLUDING ATTORNEY’S FEES, OCCASIONED BY THE RESALE OF THE PROPERTY.
AUSTIN EXCAVATION, LLC.
By: s/ James C. Hodges
Name: James C. Hodges
STATE OF OKLAHOMA )
COUNTY OF TULSA )
The above and foregoing instrument was acknowledged before me on the 25th day of April, 2013, by James C. Hodges, as attorney for Austin Excavation, LLC.
s/ Debra Cooper
AFFIDAVIT OF JAMES C. HODGES
STATE OF OKLAHOMA )
COUNTY OF TULSA )
I, James C. Hodges, of legal age, being first duly sworn upon my oath state that:
1. My full legal name is James C. Hodges. I reside in Tulsa, Tulsa County, Oklahoma.
2. I am an attorney, licensed to practice in the State of Oklahoma, and have been a member of the Bar since 1975.
3. I am the attorney for Austin Excavation, LLC, and have been authorized by Austin Excavation, LLC to give this affidavit.
4. I hereby certify that on March 19, 2013, I caused a Notice of Intent to Foreclose by Power of Sale to be transmitted via U.S. First Class Mail, certified with return receipt requested, with proper postage fully prepaid thereon, pursuant to 46 O.S. § 44, to the following persons/entities:
P.O. Box 3070
Claremore, OK 74018
Terry Dorsey, President
118 Issac Court
Aledo, TX 76008
David B. Auer, Registered Service Agent
Formerly: 15 W. 6th Street, Suite 2700
Tulsa, OK 74119
Currently: 4906 E. 114th Place
Tulsa, OK 74137
Under penalties of perjury, I declare that I have examined the information included in this affidavit, and to the best of my knowledge and belief, this information is true, correct and complete.
DATED this 25th day of April, 2013.
s/ James C. Hodges
James C. Hodges
SUBSCRIBED AND SWORN to before me this 25th day of April, 2013, by James C. Hodges, as attorney for Austin Excavation, LLC.
s/ Debra Cooper