NOTICE OF SUIT SUMMONS BY PUBLICATION

MDK # 20-001170

STATE OF INDIANA

SS:

COUNTY OF KOSCIUSKO

The Bank of New York Mellon, successor to The Bank of New York, not in its individual capacity but solely as Trustee on behalf of the holders of the CIT Mortgage Loan Trust, 2007-1 Asset-Backed Certificates, Series 2007-1, Plaintiff,

vs.    

Dalton Kanode, AKA Dalton W. Kanode , et al.,  Defendants.

IN THE KOSCIUSKO SUPERIOR COURT #3

CAUSE NO. 43D04-2001-MF-000003

    TO:  Contimortgage Corporation:

    BE IT KNOWN, that The Bank of New York Mellon, successor to The Bank of New York, not in its individual capacity but solely as Trustee on behalf of the holders of the CIT Mortgage Loan Trust, 2007-1 Asset-Backed Certificates, Series 2007-1, the above-named Plaintiff, by its attorney, J. Dustin Smith, has filed in the office of the Clerk of the Kosciusko Superior Court #3 its Complaint against Defendant Contimortgage Corporation, and the said Plaintiff having also filed in said Clerk’s office the affidavit of a competent person showing that the residence and whereabouts of the Defendant, Contimortgage Corporation, upon diligent inquiry is unknown, and that said cause of action is for default on the promissory note and to foreclose a mortgage on the following described real estate in Kosciusko County, State of Indiana, to wit:

    A tract of land in the Northeast quarter of Section 10, Township 32 North, Range 5 East, Better described as follows:

    Commencing at a Railroad Spike 789.5 feet east of the Northwest corner of the said Northeast quarter of Section 10; thence East 200 feet to a railroad spike; thence South 87 degrees 26 minutes East, 24 feet to a PK Nail and the place of beginning; thence South 87 degrees 26 minutes East, 114.0 feet to a railroad spike; thence South 10 degrees 49 minutes West, 385 feet, more or less, to the center line of the Tippecanoe River; thence Northwesterly along the center line of the Tippecanoe River 85.0 feet, more or less, to a point; thence Northerly in a straight line, 355 feet, more or less, to the place of beginning.

    commonly known as 4291 West 100 North, Warsaw, IN 46580.

    NOW, THEREFORE, said Defendant is hereby notified of the filing and pendency of said Complaint against them and that unless they appear and answer or otherwise defend thereto within thirty (30) days after the last notice of this action is published, judgment by default may be entered against said Defendant for the relief demanded in the Complaint.

Dated     Clerk, Kosciusko Superior Court #3

J. Dustin Smith (29493-06)

Stephanie A. Reinhart (25071-06)

Sarah E. Barngrover (28840-64)

Chris Wiley (26936-10)

Nicholas M. Smith (31800-15)

Elyssa M. Meade (25352-64)

Attorneys for Plaintiff

MANLEY DEAS KOCHALSKI LLC

P.O. Box 441039

Indianapolis, IN  46244

Telephone:  614-220-5611

Facsimile:  614-220-5613

Email:  sef-jdsmith@manleydeas.com

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