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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 »

Jerry L. Robinette, 75, Shoals
  Stepfather of Jeanette Vandagrifft of Nineveh

John R. 'J.R.' Scott, 81, Nashville
  Husband of Rosemarie Scott of Nashville

Wilma “Jean” Findley Harmon, 92, Nashville
  

  • April 26
    County history center dedication slated
    2 p.m. Brown County History Center, 90 E. Gould
  • April 26
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • April 26
    'McFarland, USA' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • April 26
    Morel Festival gospel service at music park
    10 a.m. Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • April 26
    Southern gospel quartet at Gnaw Bone church
    9 a.m. Country Gospel Music Church, 5181 State Road 46 East
  • April 26
    Dave Miller at Abe Martin Lodge
    Noon to 2 p.m. Brown County State Park, State Road 46 East
  • April 27
    BC Alcoholic Beverage Board
    11 a.m. County Office Building, 201 N. Locust Lane
  • April 28
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • April 28
    BC Convention & Visitors Bureau
    8:30 a.m. Brown County State Park, 1450 State Road 46 East (north entrance)
  • April 28
    BC Area Plan Commission
    6 p.m. County Office Building, 201 N. Locust Lane
  • April 28
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • April 29
    BC Board of Zoning Appeals
    6 p.m. County Office Building, 201 N. Locust Lane
  • April 29
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • April 29
    Lake Lemon Conservancy District Board
    6 p.m. Benton Township Senior Center, 7606 State Road 45, Unionville
  • April 29
    BC Sheriff's Merit Board
    4 p.m. Sheriff's Office, Law Enforcement Center, 55 State Road 46 East
  • April 30
    Go Club at the library
    4 to 6 p.m. Brown County Public Library, 205 N. Locust Lane
  • April 30
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • April 30
    Gospel jam & sing at Gnaw Bone church
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East
  • May 1
    Bingo
    5 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • May 1
    Antique tractor, engine and machinery show at the fairgrounds
    7 a.m. to 6 p.m. Brown County 4-H fairgrounds
  • May 1
    'Back to the Future' at the Playhouse
    7 p.m. BC Playhouse, 70 S. Van Buren St.
  • May 2
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • May 2
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Brown County State Park, State Road 46 East
  • May 2
    Morel Mushroom sale & festival at state park Nature Center
    10 a.m. to 4 p.m. Brown County State Park, 1450 State Road 46 East (north entrance)
  • May 2
    Antique tractor, engine and machinery show at the fairgrounds
    7 a.m. to 3 p.m. Brown County 4-H fairgrounds
  • May 2
    Spring Blossom Festival dance planned
    6 to 10 p.m. The Seasons Lodge, 560 State Road 46 East
  • May 2
    Spring Blossom Parade and food drive downtown
    11 a.m. downtown Nashville
  • May 3
    Read to a dog at the library
    2 to 3:30 p.m. Library, 205 N. Locust Lane
  • May 3
    Dave Miller at Abe Martin Lodge
    Noon to 2 p.m. Brown County State Park, State Road 46 East
  • May 3
    'The Second Best Exotic Marigold Hotel' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • May 3
    Antique tractor, engine and machinery show at the fairgrounds
    7 a.m. to 1:30 p.m. Brown County 4-H fairgrounds
  • May 5
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • May 5
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • May 6
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • May 7
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • May 7
    Quartet featured with gospel jam & sing at Gnaw Bone church
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East
  • May 7
    BC photography club
    7 to 9 p.m. Library, 205 N. Locust Lane
  • May 8
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • May 9
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • May 9
    Open house conducted at New Song
    9 to 11 a.m. New Song Mission, 7202 Keith Donaldson Road, Freetown
  • May 11
    BC Election Board
    2 p.m. County Office Building, 201 N. Locust Lane
  • May 13
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • May 14
    Local Coordinating Council
    8 a.m. Comm. Corrections Office, Suite B, lower level of Veterans Hall, 902 Deer Run Lane,
  • May 16
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • May 16
    Rock & mineral club
    6 p.m. Extension Office, 802 Memorial Drive at the fairgrounds
  • May 16
    Historic site hosts outdoor art contest
    7 a.m. to 4 p.m. TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • June 20
    Pollinator Awareness Day at state park Nature Center
    9 a.m. to 4 p.m. Brown County State Park, 1450 State Road 46 East (north entrance)