• CJ-2018-23R (Published in the ...

CJ-2018-23R (Published in the Thursday editions of The Duncan Banner, February 15, 22 and March 1, 2018-2 times)
IN THE DISTRICT COURT WITHIN AND FOR STEPHENS COUNTY, STATE OF OKLAHOMA
FIRST BANK & TRUST CO., DUNCAN, OKLAHOMA,
Plaintiff,
vs.
TERRY L. McKINZIE and SHERRY McKINZIE, husband and wife; LINCOLN McKINZIE; the Spouse, if any, of LINCOLN McKINZIE; THE UNKNOWN HEIRS, DEVISEES, LEGATEES, SUCCESSORS AND ASSIGNS OF LEE ROY McKINZIE, DECEASED; THE UNKNOWN HEIRS, DEVISEES, LEGATEES, SUCCESSORS AND ASSIGNS OF DANNA McKINZIE, DECEASED; and OCCUPANTS OF THE PREMISES OF 311 NORTH "C" STREET, DUNCAN, OKLAHOMA; OCCUPANTS OF THE PREMISES OF 417 S. 11TH STREET, DUNCAN, OKLAHOMA; and OCCUPANTS OF THE PREMISES OF 807 W. HICKORY, DUNCAN, OKLAHOMA,
Defendants.
Case No. CJ-2018-23R
NOTICE BY
PUBLICATION
STATE OF OKLAHOMA TO: The Unknown Heirs, Devisees, Legatees, Successors and Assigns of Lee Roy McKinzie, Deceased; and The Unknown Heirs, Devisees, Legatees, Successors and Assigns of Danna McKinzie, deceased:
You are hereby notified that an action has been filed in the District Court within and for Stephens County, State of Oklahoma, in the above styled and numbered cause, styled First Bank & Trust Co .. Duncan. Oklahoma. Plaintiff vs. Terry L. McKinzie and Sherry McKinzie, husband and wife: Lincoln McKinzie; the Spouse, if any, of Lincoln McKinzie; The Unknown Heirs, Devisees, Legatees, Successors and Assigns of Lee Roy McKinzie, deceased; The Unknown Heirs, Devisees, Legatees, Successors and Assigns of Danna McKinzie, deceased; Occupants of the Premises of 311 North "C" Street. Duncan, Oklahoma; Occupants of the Premises of 417 S. 11th Street. Duncan, Oklahoma; and Occupants of the Premises of 807 W. Hickory, Duncan, Oklahoma, Defendants, alleging that Plaintiff is entitled to judgment on its Petition in the amount of $27,745.74, as of the 3rd day of October, 2017, with interest thereon thereafter at the rate of $4.35 per diem until paid, which is just, due and unpaid, and by the terms of said Note and Mortgage, Plaintiff is entitled to declare the entire balance due and payable, to collect a reasonable attorney's fee, which is also due and payable, and for abstracting expense in the amount of $725.00 for Tract I, $675.00 for Tract II, and $1,000.00 for Tract III, the following sums for advances to pay unpaid ad valorem taxes on the subject real properties for the years 2013, 2014, 2015 and 2016, to-wit: $1,297.59 for Tract I, $1,648.45 for Tract II, and $1,687.03 for Tract III; the sum of $181.00 for advances to pay outstanding nuisance lien on Tract II; force place insurance premiums paid by Plaintiff to insure the real properties in the amount of $514.77 up through the 3rd day of October, 2017, and for mowing expenses incurred in the amount of $5,956.50 and clean up expenses incurred in the amount of $6,500.00 due to the City of Duncan threatening to file a Nuisance Lien, for future advances for the maintenance and preservation of said real property, and all costs of this action accrued and accruing; and is further entitled to foreclose a real estate Mortgage on the following described real property, to-wit:
Tract I: THE SURFACE AND SURFACE RIGHTS ONLY in and to Lot 17, in Block 6, in Lang Addition, to Duncan, Stephens County, Oklahoma,
(Having a commonly referred to property address of: 311 North C Street, Duncan, Oklahoma); and
Tract II: SURFACE AND SURFACE RIGHTS ONLY: The South 51 feet of Lot 8, and the South 51 feet of the East 35 feet of Lot 7, in Block 196, in the City of Duncan, Stephens County, Oklahoma,
(Having a commonly referred to property address of: 417 S. 11th Street, Duncan, Oklahoma); and
Tract III: SURFACE AND SURFACE RIGHTS ONLY: The W/2 of Lot 7, in Block 87, in the City of Duncan, Stephens County, Oklahoma,
(Having a commonly referred to property address of: 807 W. Hickory, Duncan, Oklahoma),
Said Plaintiffs Petition alleges that you claim some right, title, lien, estate, encumbrance, claim, assessment or interest in and to the above described real property, adverse to Plaintiff, which constitutes a cloud on the title to the above described real property and that you have no right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity, in and to the said real property.
You are hereby notified that you have been sued and must answer the Petition filed by the Plaintiff on or before the 6th day of April, 2018, or the allegations contained in said Petition will be taken as true and judgment entered thereon in rem for the amount specified in said Petition and foreclosing the Mortgage of Plaintiff on the above described real property as prayed for in Plaintiffs Petition. In such event, you will be adjudged and decreed to have no right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity, in and to said real property and a decree foreclosing Plaintiffs Mortgage on said real property will be entered.
Given under my hand and seal this 9th day of February, 2018.
DANA BLEVINS,
Court Clerk
Of Stephens County, Oklahoma
By: /s/Elizabeth Hutto
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 ejbuckholts@ebhlaw.com ATTORNEYS FOR PLAINTIFF
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PostedFebruary 15, 2018