Claremore Daily Progress

May 22, 2013

CJ 2012-247

Staff Writer
Claremore Progress

CLAREMORE —

Public Notice

PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, MAY 15 & 22, 2013.

IN THE DISTRICT COURT

IN AND FOR

ROGERS COUNTY

STATE OF OKLAHOMA

BANK OF AMERICA, NA, SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP; Plaintiff,

vs.

CHRISTOPHER J. WAGNER;  et al. Defendants,

Case No. CJ 2012-247

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 18 day of June, 2013, at 10:00 o'clock, A.M., Courtroom of the Sheriff's Office at 201 S. 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 interest of record, if any, except the Mortgage and interests foreclosed herein on the following described real property, to-wit:

All that part of the SE/4 of NW/4 of NE/4 and the NE/4 of SW/4 of NE/4 lying North and West of the St. Louis and San Francisco Railroad right-of-way in Section 15, Township 23 North, Range 17 East of the Indian Base and Meridian, Rogers county, State of Oklahoma, according to the U.S. Government Survey thereof.

AND

A 30 foot road easement over and across a part of the NE/4 of NE/4 of Section 15, Township 23 North, Range 17 East of the Indian Base and Meridian, Rogers County, State of Oklahoma, said 30 foot easement being more particularly described as follows: Beginning at the intersection of the North boundary line of said Section 15 and the Northwesterly right-of-way line of the Burlington Northern Railroad; thence Southwesterly along said Railroad right-of-way line a distance of 593.15 feet; thence North a distance of 44.94 feet; thence Northeasterly 30 feet Northwest of and parallel to said Railroad right-of-way line a distance of 532.83 feet to the North line of said Section 15; thence East a distance of 40.27 feet to the point of beginning.

AND

A 40 foot road easement adjacent to and parallel with the Northwesterly right-of-way line of the Burlington Northern Railroad lying in the NE/4 of NE/4 of Section 15, Township 23 North, Range 17 East of the Indian Base and Meridian, Rogers County, State of Oklahoma, LESS AND EXCEPT a tract of land described as follows: Beginning at the intersection of the North boundary line of said Section 15 and the Northwesterly right-of-way line of the Burlington Northern Railroad; thence West along the North boundary of said Section 15, a distance of 396.00 feet; thence South a distance of 441.64 feet to a point on the Northwesterly right-of-way line of the Burlington Northern Railroad; thence Northeasterly along said right-of-way line, a distance of 593.15 feet to the point of beginning, commonly known as 19860 E. 370 Road, Chelsea, OK 74016

 (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-2012-247, entitled Bank of America, N.A, Successor by Merger to BAC Home Loans Servicing, LP, Plaintiff, vs. Christopher J. Wagner, et al., Defendants, to satisfy:

FIRST: The costs of said action accrued and accruing;

SECOND: The judgment and first lien of the Plaintiff, Bank of America, NA, Successor by Merger to BAC Home Loans Servicing, LP, in the sum of $125,938.96 with interest thereon at the rate of 5% per annum from September 1, 2010, as adjusted, if applicable, 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: Christopher J. Wagner; Jane Doe, spouse of Christopher J. Wagner, if married; Occupants of the Premises; Ray B. Wooldridge, if living, and if deceased, his Heirs, Personal Representatives, Devisees, Trustees, Successors and Assigns, and the Unknown Successors; Jane Doe I, spouse of Ray B. Wooldridge, if married, if living, and if deceased, her Heirs, Personal Representatives, Devisees, Trustees, Successors and Assigns, and the Unknown Successors; Mark Allen Wilkinson, if living, and if deceased, his Heirs, Personal Representatives, Devisees, Trustees, Successors and Assigns, and the Unknown Successors; Jane Doe II, spouse of Mark Allen Wilkinson, if married, if living, and if deceased, her Heirs, Personal Representatives, Devisees, Trustees, Successors and Assigns, and the Unknown Successors; Clara L. Stephens, if living, and if deceased her Heirs, Personal Representatives, Devisees, Trustees, Successors and Assigns, and the Unknown Successors; John Doe, spouse of Clara L. Stephens, if married, if living, and if deceased, his Heirs, Personal Representatives, devisees, Trustees, Successors and Assigns, and the Unknown Successors.

The property has been duly appraised in the sum of $120,000.00.

WITNESS MY HAND this 10 day of May, 2013.

s/ Scott Walton

By: Lora Upton

Deputy

Kivell, Rayment and Francis

A Professional Corporation

Shannon Taylor,

OBA #20116

Triad Center I, Suite 550

7666 East 61st Street

Tulsa, Oklahoma 74133

Telephone (918) 254-0626

Facsimile (918) 254-7915

E-mail: staylor@kivell.com

Attorneys for Plaintiff

KRF File #23086/ST