SUMMONS BY PUBLICATION STATE OF INDIANA SS COUNTY OF KOSCIUSKO LAKE CITY BANK, Plaintiff vs. UNKNOWN HEIRS OF ARTIE J. LONG, Deceased and UNKNOWN HEIRS OF JOYCE E. O'DELL, Deceased, Defendants IN THE KOSCIUSKO CIRCUIT/SUPERIOR COURT CAUSE NO. 43D03-1301-MF-22 COMES NOW the Plaintiff, Lake City Bank ("Lake City"), by counsel, having filed 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, Unknown Heirs of Artie J. Long, Deceased, and Unknown Heirs of Joyce E. O'Dell, Deceased, whose last known addresses and their present addresses are unknown. 2. The nature of the above-captioned cause is that on September 19, 2001, Artie J. Long and Joyce E. O'Dell, both now deceased (collectively, the "Borrowers") executed and delivered to Lake City a certain Promissory Note ("Note I") by which they promised to pay to the order of Lake City the sum of $82,000.00, together with interest. As of January 10, 2013, there is a principal balance due and owing with respect to Note I in the amount of $69,911.33. 3. To secure payment of Note I, the Borrowers executed and delivered to Lake City a Mortgage dated September 19, 2001 ("Mortgage I"). The real estate, which is the subject matter of Mortgage I, is described as follows, to-wit: LOT NUMBER 12 IN 5 K'S HAPPY LANDING NO.2 ON BIG CHAPMAN LAKE, AS RECORDED IN PLAT BOOK 5, PAGE 141 IN THE OFFICE OF THE RECORDER OF KOSCIUSKO COUNTY, INDIANA. Commonly known as: 30 EMS C28E1 Lane, Warsaw, IN 46582-9093 (the "Real Estate"). 4. Also, on December 12, 2003, the Borrowers executed and delivered to Lake City a certain Home Equity Line of Credit Plus Account Agreement and Disclosure ("Note II") by which they promised to pay to the order of Lake City the maximum principal sum of $50,000.00, together with interest. As of January 10, 2013, there is a principal balance due and owing with respect to Note II in the amount of $41,778.71. 5. To secure payment of Note II, the Borrowers executed and delivered to Lake City a Mortgage dated December 12, 2003 ("Mortgage II"). Mortgage II also encumbers the Real Estate. 6. Lake City has accelerated the entire balance due and owing on the Notes and Mortgages, due to the Borrowers failure to make the required payments to Lake City. The Borrowers are also responsible for prejudgment interest as set forth in the Notes and reasonable attorney's fees incurred by Lake City. 7. The Defendants, Unknown Heirs of Artie J. Long, deceased, and Unknown Heirs of Joyce E. O'Dell, deceased, named herein must answer this Summons in writing, personally or by counsel, on or before thirty (30) days from the date of the third publication hereof. If said Defendants fail to do so, judgment may be rendered against them for the relief demanded. Dated this 24th day of January, 2013. Respectfully Submitted, ROTHBERG LOGAN & WARSCO, LLP Thomas B Trent Supreme Court No. 23173-02 505 East Washington Boulevard PO Box 11647 Fort Wayne, Indiana 46859-1647 Telephone: (260) 422-9454 Facsimile: (260) 422-1622 ATTORNEYS FOR PLAINTIFF f5,12,19
