(Published in The Norman Transcript February 12, 19, 26, March 4, 2016, 4t) NOTICE OF SALE PURSUANT TO OKLAHOMA POWER OF SALE MORTGAGE FORECLOSURE ACT NOTICE IS HEREBY GIVEN TO: Fox Building Supply, Inc. RSA: Jim D. Fox 3709 W. Reno Oklahoma City, OK 73107 that on the 24th day of March, 2016, at 10:00 oclock a.m. at the Parking Lot located at 2110 W. Main Street, Norman, Cleveland County, State of Oklahoma, Prime Bank (Prime Bank 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 property situated in Cleveland County, State of Oklahoma (the Mortgaged Property), to-wit: TRACT 1 LOT SEVENTEEN (17), IN BLOCK FIFTEEN (15), OF WESTMOOR ADDITION, SECTION 2, TO OKLAHOMA CITY, CLEVELAND COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. The street address of the above-described property is: 14801 Brent Circle, Oklahoma City, OK 73170 TRACT 2 LOT TWENTY-THREE (23), IN BLOCK SIX (6), OF WESTMOOR ADDITION, TO OKLAHOMA CITY, CLEVELAND COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. The street address of the above-described property is: 217 SW 148th Street, Oklahoma City, OK 73170 TRACT 3 LOT SIXTEEN (16), IN BLOCK SEVEN (7), OF WESTMOOR ADDITION, TO OKLAHOMA CITY, CLEVELAND COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. The street address of the above-described property is: 205 SW 147th Street, Oklahoma City, OK 73170 TRACT 4 LOT THIRTEEN (13), IN BLOCK FIVE (5), OF WESTMOOR ADDITION, TO OKLAHOMA CITY, CLEVELAND COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. The street address of the above-described property is: 14616 S. Broadway, Oklahoma City, OK 73170 TRACT 5 LOT FIVE (5), IN BLOCK FIFTEEN (15), OF WESTMOOR ADDITION, SECTION 2, TO OKLAHOMA CITY, CLEVELAND COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. The street address of the above-described property is: 109 SW 148th Street, Oklahoma City, OK 73170 The Sale will be made pursuant to 46 O.S. § 45 of the Oklahoma Power of Sale Mortgage Foreclosure Act as reflected in the Affidavit of Mortgagee attached hereto as Exhibit A. The terms of those certain Mortgages owned by Mortgagee are described as follows: 1 [TRACT 1] Date of Note: July 28, 2015 Amount of Note: $132,576.00 Principal Due: $31,806.09 Interest Due: $311.99 Late Charge: $7.57 Per diem: $5.08 Date of Mortgage: July 28, 2015 Date Recorded: July 29, 2015 BK: 5448 PG: 875 Property Address: 14801 Brent Circle, Oklahoma City, OK 73170 2 [TRACT 2] Date of Note: January 12, 2015 Amount of Note: $132,576.00, Debt Modification Agreement dated August 21, 2015, in the amount of $140,800.00 Principal Due: $130,532.58 Interest Due: $1,639.77 Late Charge: $115.46 Per diem: $20.8489 Date of Mortgage: January 12, 2015 Date Recorded: January 14, 2015 BK: 5379 PG: 1148 Modified August 31, 2015 BK: 5461 PG: 462 Property Address: 217 SW 148th Street, Oklahoma City, OK 73170 3 [TRACT 3] Date of Note: January 12, 2015 Amount of Note: $132,576.00, Debt Modification Agreement dated August 21, 2015, in the amount of $140,800.00 Principal Due: $130,685.54 Interest Due: $1641.71 Late Charge: $115.59 Per diem: $20,8733 Date of Mortgage: January 12, 2015 Date Recorded: January 14, 2015 BK: 5379 PG: 1159 Modified August 31, 2015 BK: 5461 PG: 459 Property Address: 205 SW 147th Street, Oklahoma City, OK 73170 4 [TRACT 4] Date of Note: January 12, 2015 Amount of Note: $132,576.00, Debt Modification Agreement dated August 21, 2015, in the amount of $140,800.00 Principal Due: $130,453.50 Interest Due: $1,638.78 Late Charge: $115.59 Per diem: $20.8363 Date of Mortgage: January 12, 2015 Date Recorded: January 14, 2015 BK: 5379 PG: 1137 Modified August 31, 2015 BK: 5461 PG: 456 Property Address: 14616 S. Broadway, Oklahoma City, OK 73170 5 [TRACT 5] Date of Note: January 12, 2015 Amount of Note: $132,576.00, Debt Modification Agreement dated August 21, 2015, in the amount of $140,800.00 Principal Due: $129,671.73 Interest Due: $1,628.91 Late Charge: $114.67 Per diem: $20.7114 Date of Mortgage: January 12, 2015 Date Recorded: January 14, 2015 BK: 5379 PG: 1170 Modified August 31, 2015 BK: 5461 PG: 453 Property Address: 109 SW 148th Street, Oklahoma City, OK 73170 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: Mark Mathes Construction, Inc. Attn:Mark Mathes 9701 Olde Tuscany Rd. Oklahoma City, OK 73169 Mark Mathes 9701 Olde Tuscany Rd. Oklahoma City, OK 73169 The aforesaid Notice of Intent to Foreclose described the events of breach and default occurring under the terms of those certain Mortgages described above, executed by Mark Mathes Construction, Inc., an Oklahoma corporation, in favor of Prime Bank. Said Mortgages were recorded in the records of the County Clerk of Cleveland County, State of Oklahoma, as described above. The nature of the default described in the Notice of Intent to Foreclose Under Power of Sale described the events of default as Mortgagors failure to pay the indebtedness secured by the foregoing Mortgages as agreed. 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 MortgagorThe Mortgagee is the holder and in possession of each Promissory Note identified in and secured by the Mortgages. The Mortgagee has elected to foreclose the liens of the Mortgages 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, are advised that the Mortgagor, and all such other persons, have the right to redeem the above-described Mortgaged Properties from foreclosure by paying in cash all principal, interest and other sums, secured by the Mortgages to the undersigned Mortgagee at Mortgagees principal place of business which is 1016 W. Covell, Edmond, OK 73003. 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 SENDS 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 ELECTS JUDICIAL FORECLOSURE. A COPY OF ANY SUCH NOTICE WITH THE LEGAL DESCRIPTION MUST BE FILED IN THE OFFICE OF THE COUNTY CLERK FOR CLEVELAND 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 ELECTS 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 8th day of February, 2016. s/Kevin Blaney Kevin Blaney, OBA #860 BLANEY TWEEDY & TIPTON, 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 ATTORNEYS FOR PRIME BANK STATE OF OKLAHOMA COUNTY OF OKLAHOMA ss. SUBSCRIBED AND SWORN to before me this 8th day of February, 2016. (SEAL) s/Madison L. Noel NOTARY PUBLIC My Commission expires: 7/17/17 Commission No.:13006490
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