SUMMONS BY PUBLICATION STATE OF INDIANA SS COUNTY OF KOSCIUSKO LAKE CITY BANK, Plaintiff vs. UNKNOWN HEIRS OF CLARENCE H. ATKINS, JR., Deceased, Defendant IN THE KOSCIUSKO CIRCUIT/SUPERIOR COURT CAUSE NO. 43D03-1504-MF-40 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 Superior Court, issue the Summons by publication as follows: 1. This Summons by publication is specifically directed to Defendant, Unknown Heirs of Clarence H. Atkins, Jr., Deceased, whose last known address and present address is unknown. 2. The nature of the above-captioned cause is that on September 9, 2013, Clarence H. Atkins, Jr., now deceased (the "Borrower") executed and delivered to Lake City an Adjustable Rate Note (the "Note) by which he promised to pay to the order of Lake City the sum of $145,250.00, together with interest. As of March 25, 2015, there is a principal balance owing in the amount of $140,220.92. 3. To secure payment of the Note, the Borrower executed and delivered to Lake City a Mortgage dated September 9, 2013 (the "Mortgage"). The real-estate, which is the subject of this matter, is described as follows, to wit: A tract of land in the northwest quarter of section 25, township 32 north, range 5 east, in Kosciusko County, Indiana, more accurately described as follows: Beginning at an iron pipe 1003.4 east (assuming the north line of section 25 to be running east and west) and 360.85 feet south of the northwest corner of said section 25; thence south 152.15 feet along the west line of a road to an iron pipe; thence west and parallel to the north line of said section 25, 258.7 feet to the place of beginning. A non-exclusive easement for ingress and egress over and across the following-described tract of real estate located in the northwest quarter of section 25, township 32 north, range 5 east, more particularly described as follows, to wit: Beginning 1063.4 feet east (assuming the north line of section 25 to be running east and west); thence south 608.7 feet; thence west 60 feet; thence 608.7 feet to the north line of said section 25; thence east along the north line of said section 60 feet to the place of beginning, exception that portion of said real estate that is a part of County Road 200 South. Commonly known as: 2085 Julian Drive, Warsaw, IN 46580 (the "Real Estate") 4. Lake City has accelerated the entire balance due and owing on the Note and Mortgage, due to the Borrower's failure to make the required payments to Lake City. The Borrower is also responsible for prejudgment interest as set forth in the Note and reasonable attorney's fees incurred by Lake City. 5. The Defendant, Unknown Heirs of Clarence H. Atkins, Jr., 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 thereof. If said Defendant fails to do so, judgment maybe rendered against him for the relief demanded. Dated this 20th day of March, 2015. Respectfully Submitted, ROTHBERG LOGAN & WARSCO LLP By. 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 4-15,22,29 hspaxlp
