_______________________________________________________ LEGAL NOTICE ________________________________________________________ NOTICE OF SALE PURSUANT TO OKLAHOMA POWER OF SALE MORTGAGE FORECLOSURE ACT NOTICE IS HEREBY GIVEN TO: JMV Corporation JMV Corporation Attn: Maria Gomez, President RSA: Maria Gomez 101 South Mississippi 422 East 9th Street Ada, OK 74820 Ada, OK 74820 Valerie Martinez Maria Gomez 416 East 9th Street 422 East 9th Street Ada, OK 74820 Ada, OK 74820 Jagdish Singh Jose Gomez 119 East 15th Street 422 East 9th Street Ada, OK 74820 Ada, OK 74820 that on the 13th day of June, 2013, at 10:00 oclock a.m. at the front steps of the District Court of Pontotoc County Courthouse, 120 W. 13th Street, Ada, 74820, Pontotoc County, State of Oklahoma, Quail Creek Bank, N.A. (QCB or Mortgagee) will offer for sale and sell for cash, or such other terms as the Mortgagee may find acceptable, to the highest and best bidder all that certain real estate in Pontotoc County, State of Oklahoma, to-wit: The North 100 feet of Lots 1, 2, 3, 4, and 5 in Block 1 of Ford Addition to the City of Ada, Pontotoc County, Oklahoma. Address: 101 S. Mississippi Ave., Ada, OK 74820 The Sale will be made pursuant to 46 O.S. § 45 of the Oklahoma Power of Sale Mortgage Foreclosure Act and follows the mailing of a Notice of Intention To Foreclose to Mortgagor(s) to the following addresses; JMV Corporation JMV Corporation Attn: Maria Gomez, President RSA: Maria Gomez 101 South Mississippi 422 East 9th Street Ada, OK 74820 Ada, OK 74820 Valerie Martinez Maria Gomez 416 East 9th Street 422 East 9th Street Ada, OK 74820 Ada, OK 74820 Jagdish Singh Jose Gomez 119 East 15th Street 422 East 9th Street Ada, OK 74820 Ada, OK 74820 as reflected in the Affidavit of Mortgagee attached hereto as Exhibit A. The aforesaid Notice of Intent to Foreclose described the events of breach and default occurring under the terms of that certain Mortgage dated April 4, 2012, executed by JMV Corporation, an Oklahoma corporation, in favor of Quail Creek Bank, N.A. Said Mortgage was recorded on April 5, 2012, in the records of the County Clerk of Pontotoc County, State of Oklahoma. The nature of the default described in the Notice of Intent to Foreclose Under Power of Sale described the events of default as: (a) Mortgagors failure to pay the monthly payments due from December 10, 2012, through February 10, 2013; (b) Mortgagors failure to pay the 2012 Real Estate Ad Valorem Taxes due to the County Treasurer of Pontotoc County; The foregoing events of default were not cured in accordance with the terms and provisions of the Mortgage within thirty-five (35) days from the date the aforesaid Notice of Intent to Foreclose was mailed to Mortgagors. The undersigned Mortgagee has elected to foreclose the lien of the Mortgage pursuant to the Power of Sale contained therein, on the date and time and at the place stated in the first paragraph herein. The Mortgagor, and each person holding under Mortgagor, is advised that the Mortgagor, and all such other persons, has the right to redeem the above-described property from foreclosure by paying in cash all principal, interest and other sums, secured by the Mortgage to the undersigned Mortgagee at Mortgagees principal place of business which is Quail Creek Bank, N.A., 12201 N. May Avenue, Oklahoma City, OK 73120. Payment must be made prior to the execution and delivery of a deed pursuant to the aforesaid Power of Sale. All other persons noted above and claiming an interest in the property are further advised that the mortgagee claims an interest superior to all such claims and such interests will be terminated by the aforesaid sale unless they take appropriate legal action. IF THE ABOVE-DESCRIBED PROPERTY CONSTITUTES THE MORTGAGORS HOMESTEAD, IT SHALL BE SOLD PURSUANT TO THE POWER OF SALE WITHOUT JUDICIAL FORECLOSURE UNLESS, AT LEAST TEN (10) DAYS BEFORE THE DATE OF SALE STATED ABOVE, THE MORTGAGOR SEND WRITTEN NOTICE BY CERTIFIED MAIL TO THE UNDERSIGNED MORTGAGEE, AT THE ADDRESS STATED ABOVE, THAT SUCH PROPERTY IS THE MORTGAGORS HOMESTEAD AND THAT THE MORTGAGOR ELECT JUDICIAL FORECLOSURE. A COPY OF ANY SUCH NOTICE WITH THE LEGAL DESCRIPTION MUST BE FILED IN THE OFFICE OF THE COUNTY CLERK PONTOTOC COUNTY, OKLAHOMA. THE MORTGAGOR IS FURTHER ADVISED THAT IF THE ABOVE-DESCRIBED PROPERTY IS HOMESTEAD, THE MORTGAGOR MAY AVOID A DEFICIENCY JUDGMENT BY SENDING WRITTEN NOTICE BY CERTIFIED MAIL TO THE UNDERSIGNED MORTGAGEE, AT THE ADDRESS AFORESAID, AT LEAST TEN (10) DAYS PRIOR TO THE AFORESAID SALE DATE THAT THE PROPERTY IS MORTGAGORS HOMESTEAD AND MORTGAGOR ELECT AGAINST SUCH DEFICIENCY JUDGMENT. THIS NOTICE CONTAINS IMPORTANT INFORMATION INVOLVING THE ABOVE-DESCRIBED PROPERTY AND ALL PERSONS RECEIVING SUCH NOTICE MAY WANT TO SEEK LEGAL ADVICE. DATED this 19th day of April, 2013. s/Kevin Blaney Kevin Blaney, OBA #860 Elizabeth A. Morehead, OBA #17673 BLANEY AND TWEEDY, PLLC 2601 City Place 204 North Robinson Post Office Box 657 Oklahoma City, OK 73101-0657 Telephone: (405) 235-8445 Facsimile: (405) 236-3410 e-mail: kblaney@btlawokc.com e-mail: bmorehead@btlawokc.com Attorneys For Quail Creek Bank, N.A. STATE OF OKLAHOMA ss.COUNTY OF OKLAHOMA SUBSCRIBED AND SWORN to before me this 19th day of April, 2013. ( S E A L ) s/ Madison L. Smith NOTARY PUBLIC My Commission expires: 10/18/2016 Commission No.: 12009902
↧