____________________________________ LEGAL NOTICE ____________________________________ NOTICE OF SALE TIME AND PLACE OF SALE TO THE FOLLOWING PARTIES: Michael J. Buzan, Jr. 909 E. Rock Island Ave. Wilburton, OK 74578 Louise Patricia Buzan 211 Adams CT Wilburton, OK 74578 Re: Mortgage and Security Agreement dated as of June 12, 2012, from Michael J. Buzan and Louise Patricia Buzan, as mortgagor, to Vision Bank, N.A., as mortgagee, filed in the Office of the Latimer County Clerk, State of Oklahoma, on the 21st day of June 2012, and recorded in Book 0779 at Page 073-082 (the Mortgage). Dear Mr. Buzan and Ms. Buzan: This Notice of SaleTime and Place of Sale is being given pursuant to Title 46, O.S. § 45. Attached hereto is the Affidavit required by Title 46, O.S. § 45. A breach or default has occurred under the terms of the Promissory Note dated June 12, 2012, in the principal amount of $91,500.00 and Mortgage, such default being failure to make payment due, failure to pay taxes, failure to maintain the property, and/or as otherwise specified in the Notice of Intent to Foreclose by Power of Sale dated March 19, 2014. Vision Bank, N.A., (Mortgagee) has elected to use the remedy available pursuant to the Power of Sale Mortgage Foreclosure Act (the Act) as described in Title 46 O.S. §§ 40 to 49, inclusive. The 1,872 square foot rollaway Sheppard Heritage manufactured home (the Property) has been moved from the real property described in the Mortgage and will be sold on June 12, 2014, at 2:30 oclock p.m. at the location where the manufactured home is located at 1430 N. Broadway, Ada, Oklahoma. Mortgagee has elected to sell the Property in lots and the real property is being sold separately under a separate Notice of Sale in Latimer County, Oklahoma (June 12, 2014 at 10:00 a.m. at 1677 SW Highway 1, Wilburton, OK 74578). The Mortgagor has the right to redeem the Property from foreclosure by paying the principal of $91,500.00, plus accrued interest and other sums secured by the Mortgage to the Mortgagee prior to the execution and delivery of a deed resulting from the intended sale as described in Title 46 O.S. § 47. All other parties to whom this Notice is addressed who claim an interest in the Property are hereby advised that the Property will be sold and that your interests may be terminated by the sale unless you take appropriate legal action. IF THE PROPERTY SUBJECT TO THIS MORTGAGE IS THE MORTGAGORS HOMESTEAD, IT SHALL BE SOLD PURSUANT TO A POWER OF SALE WITHOUT JUDICIAL FORECLOSURE UNLESS, AT LEAST TEN (10) DAYS BEFORE THE PROPERTY IS TO BE SOLD UNDER A POWER OF SALE, THE MORTGAGOR SENDS WRITTEN NOTICE BY CERTIFIED MAIL TO THE MORTGAGEE STATING THAT THE PROPERTY INVOLVED IS THE MORTGAGORS HOMESTEAD AND THAT JUDICIAL FORECLOSURE IS ELECTED, AND FILES OF RECORD A COPY OF SUCH NOTICE, WHICH CONTAINS A LEGAL DESCRIPTION OF THE PROPERTY, WITH THE COUNTY CLERK OF THE COUNTY WHERE THE PROPERTY IS SITUATED. IF THE PROPERTY IS SOLD PURSUANT TO A POWER OF SALE, THE MORTGAGOR MAY AVOID A DEFICIENCY JUDGMENT BY SENDING A WRITTEN NOTICE BY CERTIFIED MAIL TO THE MORTGAGEE, AT LEAST TEN (10) DAYS BEFORE THE PROPERTY IS TO BE SOLD UNDER THE POWER OF SALE, THAT STATES THAT THE PROPERTY INVOLVED IS THE MORTGAGORS HOMESTEAD AND THAT THE MORTGAGOR ELECTS AGAINST A DEFICIENCY JUDGMENT. THIS NOTICE CONTAINS IMPORTANT INFORMATION INVOLVING THE PROPERTY OF THE PERSONS OR COMPANIES RECEIVING THE SAME AND SUCH PERSONS OR COMPANIES MAY WANT TO SEEK LEGAL ADVICE. YOU ARE HEREBY NOTIFIED THAT IF A PURCHASER OTHER THAN THE MORTGAGEE, WHEN REQUIRED BY THE MORTGAGEE, FAILS TO POST CASH OR CERTIFIED FUNDS EQUAL TO TEN PERCENT (10%) OF THE AMOUNT BID FOR THE PROPERTY WITHIN TWENTY FOUR (24) HOURS OF THE SALE, EXCLUDING SUNDAYS AND LEGAL HOLIDAYS, OR OTHERWISE FAILS TO COMPLETE THE SALE, THE MORTGAGEE MAY PROCEED WITH THE SALE AND MAY ACCEPT THE NEXT HIGHEST BID. THE PARTY THAT FAILS TO MAKE SUCH PAYMENT SHALL BE LIABLE TO ANY PERSON WHO SUFFERS LOSS OR EXPENSES, INCLUDING ATTORNEYS FEES, OCCASIONED THEREBY AND THE MORTGAGEE MAY THEREAFTER IN ANY SALE OF PROPERTY REJECT ANY BID OF SUCH PERSON. THE TEN PERCENT (10%) DEPOSIT SHALL BE PLACED IN ESCROW BY THE MORTGAGEE AND HELD IN ESCROW PENDING COMPLETION OF THE SALE. IN THE EVENT A PURCHASER WRONGFULLY FAILS TO COMPLETE THE TRANSACTION OF SALE WITHIN TEN (10) DAYS OF THE SALE OR A LONGER REASONABLE TIME PERMITTED BY THE MORTGAGEE, ANY DEPOSIT SHALL BE APPLIED FIRST TO THE EXPENSES OF THE SALE AND THE BALANCE TO THE DEBT, AND THE PURCHASER SHALL BE LIABLE TO ANY PERSON WHO SUFFERS LOSS OR EXPENSES, INCLUDING ATTORNEYS FEES, OCCASIONED BY THE RESALE OF THE PROPERTY. S/Micah Knight Micah D. Knight, OBA #015314 123 N. 7th Avenue Durant, Oklahoma 747021576 Telephone (580) 924-1849 Telefax (580) 924-1791 Attorney for Vision Bank, N.A.
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