(Published In THE TIMES, Mayes County, Oklahoma September 20, 27, 2015) IN THE DISTRICT COURT OF MAYES COUNTY STATE OF OKLAHOMA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS INC., ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, v. Sherrel Whitten, et al, Defendants. Case No. CJ-2015-27 NOTICE OF SHERIFFS SALE NOTICE is hereby given that on the 29th day of October, 2015, at 10:00 oclock A.M., at the Mayes County Courthouse, the undersigned Sheriff of said County will offer for sale and sell for cash at time of sale, at public auction to the highest and best bidder, with appraisement, all that certain real estate situated in Mayes County, State of Oklahoma, to wit: BEGINNING 500 FEET SOUTH OF THE NORTHWEST CORNER OF THE SE/4 OF THE SW/4 OF SECTION 12, TOWNSHIP 23 NORTH, RANGE 21 EAST OF THE INDIAN BASE AND MERIDIAN, MAYES COUNTY, OKLAHOMA, THENCE EAST 220.75 FEET; THENCE SOUTH 200 FEET; THENCE WEST 220.75 FEET; THENCE NORTH 200 FEET TO THE POINT AND PLACE OF BEGINNING AKA BEGINNING 500 FEET SOUTH OF THE NORTHWEST CORNER OF THE SE/4 OF THE SW/4 OF SECTION 12, TOWNSHIP 23 NORTH, RANGE 21 EAST, MAYES COUNTY, OKLAHOMA, THENCE EAST 220.75 FEET; THENCE SOUTH 200 FEET; THENCE WEST 220.75 FEET; THENCE NORTH 200 FEET TO THE POINT AND PLACE OF BEGINNING Sequoyah St. Subject to taxes and tax sales, the property was duly appraised at $35,000.00. Sale will be made pursuant to Order of Sale issued upon Judgment entered in the District Court of Mayes County, State of Oklahoma, in the above entitled cause, wherein THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2004-10. was Plaintiff and Sherrel Whitten; Unknown Spouse of Sherrel Whitten, if any; Unknown Occupant AKA Tate Jones; and Richard P. Whitten were Defendants, to satisfy the Judgment of the Plaintiff and the lien of the Defendants as follows: 1. To the payment of the costs of said sale in this action; 2. To the Plaintiff, the principal sum of $38,149.58 with 13.75000% interest per annum until paid, and late charges as provided in the note, any amount Plaintiff may be required to advance for payment of taxes, insurance or preservation of the subject property, together with costs of this action; and 3. That the residue, if any, to be paid to the Clerk of this Court to await further Order of this Court. including the reasonable expenses and costs of this action, including the payment of any prior mortgage interest, taxes, or prior liens, accrued and accruing. WITNESS my hand this 17th day of September, 2015. Sheriff of Mayes County State of Oklahoma By: s/John Welker Deputy s/Jessica L Schumacher Jessica L Schumacher, #22708 George W. Velotta II, #9223 Kozeny & McCubbin, L.C. Attorneys for Plaintiff 609 S. Kelly Avenue, Suite A-2 Edmond, Oklahoma 73003 Phone: 405-285-8100 (Edmond Office) Phone: 314-991-0255 (St Louis Office) Fax: 314-744-7737
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