(Published in The Norman Transcript December 3, 10, 17, 2018, 3t) IN THE DISTRICT COURT OF CLEVELAND COUNTY STATE OF OKLAHOMA MIDFIRST BANK, a federally chartered savings association, Plaintiff, v. (1) THE ESTATE OF PAUL PHILLIPS; (2) JACK AUSTIN PHILLIPS; (3) JOHN DOE NO. 1, THE UNKNOWN OCCUPANT OF 713 NW 5th STREET, MOORE, OK 73160-2325; (4) JANE DOE NO. 1, THE UNKNOWN OCCUPANT OF 713 NW 5th STREET, MOORE, OK 73160-2325; (5) JANE DOE NO. 2, THE UNKNOWN OCCUPANT OF 713 NW 5th STREET, MOORE, OK 73160-2325; (6) JACK K. PHILLIPS, IF LIVING; (7) THE UNKNOWN SUCCESSORS OF JACK K. PHILLIPS, IF DECEASED; Defendants. Case No. CJ-2018-1024 SERVICE OF SUMMONS BY PUBLICATION NOTICE The following persons who are named defendants in the above captioned action filed in the District Court of Cleveland County, State of Oklahoma, Case No. CJ-2018-1024, styled “MidFirst Bank, a federally chartered savings association v. The Estate of Paul Phillips, et. al, Defendants,” are hereby notified that they have been sued by Plaintiff MidFirst Bank, a federally chartered savings association, who has asserted claims against them in said action: (1) Jack K. Phillips, if Living, and (2) The Unknown Successors of Jack K. Phillips, if Deceased (Collectively “Publication Defendants”). On August 10, 2018, plaintiff MidFirst Bank filed its Foreclosure Petition which seeks an in personam money judgment against the Estate of Paul Phillips, and in rem money judgment against it (and the below property) and all other defendants, and the foreclosure of all of their interests in the following described property (which is the subject of this foreclosure action) situated in Cleveland County, State of Oklahoma, to wit: Lot Twelve (12), in Block Forty-nine (49) of South Gate Addition to Moore, Cleveland County, State of Oklahoma, according to the recorded plat thereof, together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (“Property”). The Property has a street address of 713 NW 5th St., Moore, OK 73160-2325. The Jack K. Phillips referenced herein is a former record co-owner of the Property. The above named Publication Defendants, i.e., (1) Jack K. Phillips, if Living, and (2) The Unknown Successors of Jack K. Phillips, if Deceased, are hereby notified that they are being served by this publication, and must answer the Foreclosure Petition on or before January 31, 2019. Their failure to timely answer the Foreclosure Petition will result (in addition to all other relief to which Plaintiff is entitled against other defendants), in an in rem money judgment being entered against them and the Property, and in favor of Plaintiff MidFirst Bank, for amounts owed by the Estate of Paul Phillips on a Promissory Note (dated May 21, 2012), its related Mortgage (dated June 25, 2008) as modified by a Modification of Mortgage dated May 21, 2012, which loan refinanced an earlier line of credit loan for which a Future Advance Mortgage was given by decedent Paul Phillips in 2009 (“FA Mortgage”), and enforcing the Mortgage against the Property and foreclosing their interests in the Property (if any) (and all other defendants’ interests in the Property). Without limiting the foregoing notices, the Publication Defendants being served hereby are further notified that in its Foreclosure Petition, Plaintiff requests the following relief on Plaintiff’s cause of action against them: A. Plaintiff be awarded judgment in rem in the Property and judgment in rem against all Defendants for $33,881.22, plus interest accruing on the principal balance at 6.49% per annum ($5.6916 per day) from August 9, 2018 through the date of judgment; B. Plaintiff be awarded judgment in rem in the Property and judgment in rem against all Defendants for all of its Miscellaneous Expenses incurred and to be incurred during this proceeding, to include all sums advanced for abstracting/title evidence ($1,100(+)); C. Plaintiff be awarded judgment in rem in the Property and judgment in rem against all Defendants for all Property Preservation Expenses incurred, and to be incurred in this action, including but not limited to $50.00 in property repair expenses incurred to date, plus all escrow charges (presently $464.79, with an unapplied funds balance of $540.08), plus any sums advanced for insurance or taxes; D Plaintiff be awarded judgment in rem in the Property and judgment in rem against all Defendants for a reasonable attorney fee of not less than $5,100.00, plus all prejudgment costs, plus all post judgment costs to accrue; E. Pursuant to Okla. Stat. tit. 12, § 727.1(D), Plaintiff’s judgments be decreed to accrue post-judgment interest at the contract rate of 6.49% per annum; F. Judgment be entered in favor of Plaintiff determining the Mortgage (as modified), and the FA Mortgage to establish valid mortgage liens on the Property that are senior and superior to any right, title, claim, estate, and or interest (of whatever type or description) of the Defendants (or any of them); G. Judgment be entered in favor of Plaintiff authorizing issuance of special execution, and ordering Plaintiff’s mortgages and mortgage liens in and to the Property foreclosed and ordering the same sold (but subject to recall at Plaintiff’s election), with appraisement, subject to unpaid ad valorem taxes and municipal mowing/cleaning liens having statutory priority, if any, to satisfy the judgment, with the proceeds of said sale applied first to the costs herein, then to payment in satisfaction of Plaintiff’s claim and judgment, with the surplus, if any, paid in and to the Court to await further order; H. Judgment be entered determining the right, title, claim, estate, and/or interest of all and each of the Defendants, and any person or entity claiming by or through said Defendants, or any of them, in and to the Property be subject, junior and inferior to the mortgage liens of Plaintiff created by the Mortgage (as modified) and the FA Mortgage, and adjudging that on the confirmation of the sale of the Property, all of said Defendants, and all persons or entities claiming by, through or under them, or any of them, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, claim, lien, estate, interest, or equity of redemption, in or to said Property, or any part thereof, from and after the date of sale; and I. Plaintiff be granted such other relief that the court deems just. Issued this 26th day of November, 2018. MARILYN WILLIAMS, COURT CLERK [SEAL] By S/ Samantha Neuenschwander Deputy Court Clerk Counsel for Plaintiff, MidFirst Bank: David L. Nunn, OBA#14512 David L. Nunn, P.C. PO Box 230 Edmond, Oklahoma 73083-0230 Telephone (405) 330-4053