CJ-2014-61E (Published in the Thursday editions of The Duncan Banner, December 11 and 18, 2014- 2 times.) IN THE DISTRICT COURT WITHIN AND FOR STEPHENS COUNTY, STATE OF OKLAHOMA ARVEST BANK, Plaintiff, vs. NORTON'S AUTO SERVICE, INC.; JAMES .E. NORTON; JAMES L. NORTON; JOSEPHINE D. NORTON; JAMES E. NORTON and JOSEPHINE D. NORTON, TRUSTEES OF THE JAMES E. NORTON and JOSEPHINE D. NORTON REVOCABLE LIVING TRUST, DATED 9/23/08; STATE OF OKLAHOMA ex reI., OKLAHOMA TAX COMMISSION; RHINO SERVICES; and OCCUP ANTS OF THE PREMISES OF 102 E. CHEROKEE STREET, MARLOW, OKLAHOMA, Defendants. Case No. CJ-2014-61E NOTICE OF SHERIFF'S SALE - PERSONAL PROPERTY STATE OF OKLAHOMA TO: All persons having or asserting any interest, claim or lien in the following described personal property and the Defendants, Norton's Auto Service, Inc.; James E. Norton; James L. Norton; Josephine D. Norton; James E. Norton and Josephine D. Norton, Trustees of the James E. Norton and Josephine D. Norton Revocable Living Trust dated 9/23/08; State of Oklahoma ex reI., Oklahoma Tax Commission; Rhino Services; and Occupants of the Premises of 102 E. Cherokee Street, Marlow, Oklahoma: By virtue of an execution to me directed and delivered, issued out of the District Court of Stephens County, Oklahoma, in an action in said Court wherein Arvest Bank, is Plaintiff, and Norton's Auto Service, Inc.; James E. Norton; James L. Norton; Josephine D. Norton; James E. Norton and Josephine D. Norton, Trustees of the James E. Norton and Josephine D. Norton Revocable Living Trust dated 9/23/08; State of Oklahoma ex rel., Oklahoma Tax Commission; Rhino Services; and Occupants of the Premises of 102 E. Cherokee Street, Marlow, Oklahoma, are Defendants, NOTICE is hereby given that on the 14th day of January, 2015, at 10:00 o'clock a.m., at the West door of the County Courthouse at Duncan, Oklahoma, the undersigned Sheriff will offer for sale and sell to the highest bidder, for cash in hand, the following described personal property, to-wit: All equipment including, but not limited to, all machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop equipment, office and record keeping equipment, and parts and tools (wherever located, now owned or hereafter acquired, and all returns, repossessions, exchanges, substitutions, replacements, attachments, parts, accessories, and accessions thereto and thereof and all proceeds thereof). That said personal property is specifically described as follows: OBD 11 Scanner Mac Tools; DC8-24 Module & Sensor Testing - OTC Fault Finder - OTC - FF 310 Monitor 4 Scan Tool - OTC 3460 Fuel Injector Test Clamp Set - Cornwell- CWI - FITL Lift - Bend Pack Inc. MX-ROCX Homack SE Series Tool Chest - Homack - 41 8 Drw Homack SE Series Tool Chest - Homack - 41 11 Drw 3.5 Gallon Parts Washer - Chicago - 33740 A/C Changing System - OTC - OEM 48429 Refrigerator Recovery System - Robinain - 34400 A/C Clutch Hub Puller & Installer Kit - Master Cool Inc. 91000-A Ford Cam Tools Master Set - MATCO Tools - FTM 6489 Thread Restorer Shop Vac 5 Gallon - Shop Vac Master Brg Race & Seal Driver Set - Performance Tech - W89715 3 pc. Oil Filter & Canister Socket Set - Service Kits - 4183D Pullman Hot Floor Cleaner Diesel Portable Forced Air Heater Remington 35 Diesel Portable Forced Air Heater - Mid States Farm King - 50193A 2 Portable air tanks Small Slide Hammer - Snap On Electric Pressure Washer - MCM = INTL. TW 1303 2 Misc. Floor Jacks 3 1/2 Ton Floor Jack - ARCaN 3 Ton Floor Jack - NAPA Pro Lift EQ 4 Chairs in Waiting Room 3 Desk Computers - I T Saw 3 Printers 8 Air Reels - 4 I Saw Portable Ignition System -KD Tools - KD2632 #32 Post Lift - Bend Pack - MX-I0cx Evaporative Cooler - General Shelters or TX Pac 2X1635FC Snapon Tool Storage Box (not in building) Hose Cabinet - NAPA Parts Cabinet Snap on A/C Machine - Kool Kare Plus - EE - AC325A 30 Gallon Waste Oil Receiver (not in building) 5" Rotor Vice Propane Heater 35,000 BTU - WB5 FAlHS35FA Smoke Pro - Total Tech Hydraulic Strut/Spring Compressor Central Hydraulic 50 Ton Bottle - Central Hydraulics, said real and personal property having been levied on as the property of the said Norton's Auto Service, Inc., and taken on execution in favor of Plaintiff, Arvest Bank. NOTICE is further given that the sale of the personal property above described shall take place first and prior to the sale of the Real Property. All Personal Property is sold "AS IS, WHERE IS", without any warranty of any type. That said Order of Sale was issued upon judgment entered on the 5th day of November, 2014, and Order Nunc Pro Tunc entered on the 21st day of November, 2014, in the District Court of Stephens County, Oklahoma, in Cause No. CJ-2014-61E, wherein Arvest Bank, was Plaintiff, and Norton's Auto Service, Inc.; James E. Norton; James L. Norton; Josephine D. Norton; James E. Norton and Josephine D. Norton, Trustees of the James E. Norton and Josephine D. Norton Revocable Living Trust dated 9/23/08; State of Oklahoma ex reI., Oklahoma Tax Commission; Rhino Services; and Occupants of the Premises of 102 E. Cherokee Street, Marlow, Oklahoma, were Defendants, to satisfy said judgment of said Court on Count I of Plaintiff's Petition, as follows: Judgment in personam and in rem against the Defendants, Norton's Auto Service, Inc., and James E. Norton, and Judgment in rem against the Defendants, James L. Norton, James E. Norton and Josephine D. Norton, Trustees of the James E. Norton and Josephine D. Norton Revocable Living Trust, dated September 23, 2008; The State of Oklahoma, ex reI., Oklahoma Tax Commission; and Rhino Services, in the sum of $114,287.14, as of the 7th day of February, 2014, with interest thereon thereafter at the rate of $20.67 per diem until paid, plus sums for advances to pay unpaid ad valorem taxes in the amount of $731.74 on the Marlow Property, and in the amount of $563.26 on the Duncan Property, abstracting expenses in the amount of $700.00 on the Marlow Property and in the amount of $550.00 on the Duncan Property, court costs in the amount of $275.70, publication fees in the amount of $233.58, certified mailing expense in the amount of $18.60, private process server fees in the amount of $490.00, plus a reasonable attorney fee in the amount of $7,500.00, insurance, future advances for the maintenance and preservation of said real and personal property, and all costs of this action accrued and accruing; and further for a decree ordering the sale of the above described Personal Property. Witness my hand this day of, 2014. WAYNE McKINNEY, Sheriff of Stephens County, Oklahoma By: Deputy E. J. BUCKHOLTS II (OBA #1285) ELLIS & BUCKHOLTS 929 W. Willow - Patterson Bldg. Duncan, OK 73533 (580) 252-3240 - Telephone (580) 252-9596 - Facsimile ATTORNEYS FOR PLAINTIFF
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