CJ-2014-61E (Published in the Thursday editions of The Duncan Banner, February 12 and 19, 2015-2 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 rel, OKLAHOMA TAX COMMISSION; RHINO SERVICES; and OCCUPANTS OF THE PREMISES OF 102 E. CHEROKEE STREET, MARLOW, OKLAHOMA, Defendants. Case No. CJ-2014-61E ALIAS NOTICE OF SALE - REAL PROPERTY STATE OF OKLAHOMA TO: All persons having or asserting any interest, claim or lien in the following described real 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: Notice is given that on the 25th day of March, 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 all that certain real estate in Stephens County, Oklahoma, to-wit: 1. SURFACE AND SURFACE RIGHTS ONLY: The W/2 of Lot 4, and all of Lot 5, Block 53, in the City of Duncan, Stephens County, Oklahoma, Which has the property address of: 216 W. Main Street, Duncan, Oklahoma Also referred to herein as "THE DUNCAN PROPERTY". Said lands and tenements "The Duncan Property" have been appraised according to law at $60,000.00; and 2. SURFACE AND SURFACE RIGHTS ONLY: Lot 6, Block 180, in the City of Marlow, Stephens County, Oklahoma, Which has the property address of: 102 E. Cherokee Street, Marlow, Oklahoma Also referred to herein as "THE MARLOW PROPERTY", Said lands and tenements "The Marlow Property" have been appraised according to law at $25,000.00. Said sale will be made pursuant to an Alias Order of Sale in Foreclosure issued upon judgment entered on the 5th day of November, 2014, and the 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 judgments as follows: Count I: Judgment in rem and in personam 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. Count II: Judgment in rem and in personam against the Defendants, James E. Norton and Josephine D. Norton, and judgment in rem against the Defendants, James E. Norton and Josephine D. Norton, Trustees of the James E. Norton and Josephine D. Norton Revocable Living Trust dated 9/23/08, in the sum of $13,675.11 as of the 7th day of February, 2014, together with interest thereon thereafter at the rate of $2.45 per diem, until paid, abstracting expense, plus a reasonable attorney fee in the amount of $1,500.00, insurance, future advances for the maintenance and preservation of said real property, and all costs of this action accrued and accruing. Witness my hand this 5th day of February, 2015. WAYNE McKINNEY, Sheriff of Stephens County, Oklahoma By: /s/CARLA ESTES 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
↧