Claremore Daily Progress

March 20, 2014

CJ-2013-519

Staff Writer
Claremore Progress

CLAREMORE —

Public Notice

PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, MARCH 20 & 27, 2014.

IN THE DISTRICT COURT

IN AND FOR

ROGERS COUNTY

STATE OF OKLAHOMA

THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2007-BC3 Plaintiff,

vs.

DELBERT D. SWISHER A/K/A DELBERT DEWAYNE SWISHER AND LINDA J. SWISHER A/K/A LINDA JEANENE SWISHER A/K/A JEANENE SWISHER; et al. Defendants.

Case No. CJ-2013-519

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 29 day of April, 2014, 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:

Lot Nineteen (19), Block One (1) of RANCH ACRES ESTATES III, an Addition to Rogers County, State of Oklahoma, according to the recorded plat thereof, being a part of the North Half (N/2) of Section Two (2), Township Twenty-two (22) North, Range Fourteen (14) East of the I.B.&M., commonly known as 13010 South Cherokee Street, Oologah, OK 74053 (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-2013-519, entitled The Bank of New York Mellon FKA The Bank of New York, not in its Individual Capacity but solely as Trustee for the Benefit of Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2007-BC3, Plaintiff, vs. Delbert D. Swisher a/k/a Delbert Dewayne Swisher and Linda J. Swisher a/k/a Linda Jeanene Swisher a/k/a Jeanene Swisher, et al., Defendants, to satisfy:

FIRST: The costs of said action accrued and accruing;

SECOND: The judgment and first lien of the Plaintiff, The Bank of New York Mellon FKA The Bank of New York, not in its Individual Capacity but solely as Trustee for the Benefit of the Certificate holders of the CWABS Inc., Asset-Backed Certificates, Series 2007-BC3, in the sum of $121,328.65 with interest thereon at the rate of 6.298% per annum from June 1, 2011, 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: Delbert D. Swisher a/k/a Delbert Dewayne Swisher; Linda J. Swisher a/k/a Linda Jeanene Swisher a/k/a Jeanene Swisher; Occupants of the Premises; Citimortgage, Inc.; Hilco Receivables, LLC; Mortgage Electronic Registration Systems, Inc.

The property has been duly appraised in the sum of $141,000.00.

WITNESS MY HAND this 14 day of March, 2014.

By: Lora Upton

Deputy

Kivell, Rayment and Francis

A Professional Corporation

K. Renee’ Davis, OBA #15161

Triad Center I, Suite 550

7666 East 61st Street

Tulsa, Oklahoma 74133

Telephone: (918) 254-0626

Facsimile (918) 254-7915

E-mail: rdavis@kivell.com

Attorneys for Plaintiff

KRF File #18435/KD