SUMMONS BY PUBLICATION STATE OF INDIANA SS COUNTY OF KOSCIUSKO LAKE CITY BANK, Plaintiff vs. THE UNKNOWN HEIRS OF WANDA L. SWAIN, DECEASED; UNITED STATES OF AMERICA, ACTING THROUGH THE FARMERS HOME ADMINISTRATION, UNITED STATES DEPARTMENT OF AGRICULTURE; and UNITED STATES OF AMERICA, ACTING THROUGH THE RURAL HOUSING SERVICE OR SUCCESSOR AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE, Defendants IN THE KOSCIUSKO CIRCUIT/SUPERIOR COURT CAUSE NO. 43D03-1211-MF-0286 COMES NOW the Plaintiff, Lake city Bank ("Lake City"), by counsel, having its Complaint and Affidavit in the above-entitled cause, hereby requests that the Clerk of Kosciusko Circuit/Superior Court issue the Summons by publication as follows: 1. This Summons by publication is specifically directed to Defendants, the unknown heirs of Wanda L. Swain, deceased, whose last known address and their present addresses are unknown. 2. The nature of the above-captioned cause is that on December 4, 2006, Wanda L. Swain ("Swain") executed and delivered to Lake City a certain Promissory note (the "Note") by which she promised to pay to the order of Lake City the sum of $36,800.00, together with interest. As of November 2, 2012, there is a principal balance due and owing with respect to the Note in the amount of $34,356.89. 3. To secure payment of the Note, Swain executed and delivered to Lake City a Mortgage dated December 4, 2006. The real estate, which is subject to matter of the said Mortgage, is described as follows, to-wit: Lot 23 in Phillips Subdivision Number 4, as recorded in Plat Book 5, page 98, in the Office of the Recorder of Kosciusko County, Indiana. Commonly known as 1813 Hepler Dr., Warsaw, IN 46580 (the "Real Estate"). 4. Lake city has accelerated the entire balance due and owing on the Note and Mortgage, due to Swain's failure to make the required payments to Lake City. Swain is also responsible for prejudgment interest as set forth in the Note and reasonable attorney's fees incurred by Lake City. 5. The Defendants, The Unknown Heirs of Wanda L. Swain, deceased, named herein must answer this Summons in writing, personally or by council, on or before thirty (30) days from the date of third publication thereof. If said Defendants fail to do so, judgment may be rendered against them for the relief demanded. Dated this 6th day of November, 2012. Respectfully submitted. ROTHBERG LOGAN & WARSCO LLP By: Thomas B. Trent Supreme Court No. 23173-03 505 East Washington Boulevard PO Box 11647 Fort Wayne, Indiana 46859-1647 Telephone: (260) 422-9454 Fascimile: (260) 422-1622 Attorneys for Plaintiff n27, d4,11
