Claremore Daily Progress

Legal Notices

May 13, 2013

NOTICE OF SALE- TIME AND PLACE OF SALE

(Continued)

CLAREMORE —

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

Its: Attorney

STATE OF OKLAHOMA                  )

                                  ) ss

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

Notary Public

(SEAL)

EXHIBIT A.

AFFIDAVIT OF JAMES C. HODGES

STATE OF OKLAHOMA                  )

                                  ) ss

COUNTY OF TULSA                  )

I, James C. Hodges, of legal age, being first duly sworn upon my oath state that:

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