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Notice of Suit Re: 3478 Salt Creek Rd., Nashville

STATE OF INDIANA IN THE BROWN CIRCUIT COURT SS: COUNTY OF BROWN CAUSE NO. 07C01-1203-MF-000117 US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN

INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION , AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-4

PLAINTIFF, VS. THE UNKNOWN HEIRS, LEGATEES, DEVISEES, PERSONAL REPRESENTATIVES AND CREDITORS OF DAVID E. FRANCIS, DECEASED, LILLIAN E. FRANCIS N/K/A LILLIAN E. SANDERS, PARAGON WAY, INC., CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION F/K/A CAPITAL ONE BANK, JOHN DOE, JANE DOE, DEFENDANTS.

FILED JUNE 12, 2012 BETH MULRY CLERK BROWN CIRCUIT COURT

NOTICE OF SUIT

The State of Indiana to the above-named defendants, and any other person who may be concerned.  You are notified that you have been sued in the above-named Court.  The nature of the suit against you is:  Complaint on Note and to Foreclose Mortgage on the following described real estate in Brown County: PART OF THE NE 1/4 OF THE SW 1/4 OF SECTION 1, TOWNSHIP 9 NORTH, RANGE 3 EAST, HAMBLEN TOWNSHIP, BROWN COUNTY, INDIANA, DESCRIBED AS FOLLOWS:  BEGINNING AT THE NE CORNER OF THE NE 1/4 OF THE SW 1/4 OF SAID SECTION 1; THENCE 500-00W (ASSUMED BEARING) WITH THE EAST LINE OF SAID NE 1/4 SW 1/4 875.0 FEET TO THE CENTER OF THE NORTH FORK OF SALT CREEK; THENCE NORTHWESTERLY WITH THE CENTER OF SAID CREEK 411.0 FEET; THENCE N77-07-09W 95.63 FEET TO THE APPARENT CENTER OF SALT CREEK COUNTY ROAD AND THE MOST EASTERLY CORNER OF A 10.00 ACRE TRACT SOLD ON CONTRACT AS RECORDED IN MISCELLANEOUS RECORD NUMBER 60 PAGES 521-528 IN THE OFFICE OF THE RECORDER OF BROWN COUNTY, INDIANA; THENCE FOLLOWING FOUR COURSES ARE WITH THE APPARENT CENTER OF SAID COUNTY ROAD; N21-41-31E 356.37 FEET, N17-07-14E 221.67 FEET, N25-05-29E 167.15 FEET AND N30-30-00E 219.33 FEET TO THE NORTH LINE OF SAID NE 1/4 SW 1/4; THENCE N87-47-15E WITH SAID NORTH LINE 64.21 FEET TO THE BEGINNING, CONTAINING 5.8 ACRE MORE OR LESS.

This Summons by publication is specifically directed to the following named defendants whose addresses are:

Lillian E. Francis n/k/a Lillian E. Sanders, 3478 Salt Creek Road, Nashville, IN  47448

Paragon Way, Inc., c/o Highest Executive Officer Present, 7500 Rialto Boulevard, Suite 100, Building 1, Austin, TX  78735

Capital One Bank (USA), National Association f/k/a Capital One Bank, c/o Highest Executive Officer Present, 4851 Cox Road, Glen Allen, VA 23060

John Doe, 3478 Salt Creek Road, Nashville, IN  47448

Jane Doe, 3478 Salt Creek Road, Nashville, IN  47448

and to the following named defendants whose whereabouts are unknown:

The Unknown Heirs, Legatees, Devisees, Personal Representatives and Creditors of David E. Francis, Deceased

In addition to the above-named defendants being served by this summons there are may be other defendants who a have an interest in this law suit.  If you have a claim for relief against the plaintiff arising from the same transaction or occurrence, you must assert it in your written answer.

You must answer the Complaint in writing, by you or your attorney, on or before August 11, 2012 (the same being within thirty (30) days after the Third Notice of Suit), and if you fail to do so a judgment will be entered against you for what the plaintiff has demanded.

U.S. Bank National Association, as Trustee, Successor in Interest to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association, as Indenture Trustee for AFC Trust Series 1999-4

Sarah M. Dillinger

FOUTTY & FOUTTY, LLP

ATTEST:

Beth Mulry, Clerk of the Brown Circuit Court

Sarah M. Dillinger, #24148-49

Attorney for Plaintiff

FOUTTY & FOUTTY, LLP, 155 E. Market Street, Suite 605, Indianapolis, IN  46204-3219

(317) 632-9555

12-184  7/4, 7/11 & 7/18/2012  31569721

Obituaries
See Full List »

Josephine Lee Cueto, 62, Morgantown
  Daughter of Priscilla Burgmeier of Nashville

Mary 'Jane' Kollman, 92, Nashville
  Mother of Janet (Tom) Gaskins of Nashville

Charlotte K. (Adkins) Wilson, 67, Franklin
  Former resident of Brown County

  • November 23
    Annual community-wide hymn sing planned
    6:30 p.m. Nashville Christian Church, 160 S. Van Buren St.
  • November 23
    Nashville Reserve Officers host chili cook-off
    10 a.m. to 3 p.m. Nashville P.D., 200 Hawthorne Drive
  • November 25
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • November 25
    Open 12-step meetings in New Bellsville area
    6 to 7 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • November 26
    Go Club meeting Wednesday at coffee/tea shop
    3 p.m. Brown County Public Library, 205 N. Locust Lane
  • November 26
    BC Sheriff's Merit Board
    4 p.m. Sheriff's Office, Law Enforcement Center, 55 State Road 46 East
  • November 28
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • November 29
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • November 29
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • December 2
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • December 3
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • December 4
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • December 12
    Widowed group plans Christmas party
    noon Salt Creek Golf Retreat, 2359 State Road 46 East
  • December 12
    BCSP Christmas bird count slated
    8 a.m. BCSP Nature Center, 1810 State Road 46 East
  • December 13
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road