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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

  • September 1
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • September 1
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • September 1
    Time for inner peace set at local church
    5:30 to 7 p.m. Parkview Church of the Nazarene, 1750 State Road 46 East
  • September 2
    Woodworkers Club
    7 p.m. Library, 205 N. Locust Lane
  • September 3
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • September 3
    Brown County Schools Board of Trustees
    6:30 p.m. BC Intermediate School, 260 Schoolhouse Lane
  • September 3
    Future of rural places subject of talk
    5:30 p.m. Brown County Inn, 51 State Road 46 East
  • September 4
    Farmers market in Bean Blossom
    4 to 7 p.m. St. David's Episcopal Church, 11 State Road 45 at 135 North, Bean Blossom
  • September 4
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • September 5
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • September 5
    BCHS class of 2005 reunion slated
    3 to 6 p.m., 8 p.m. Deer Run Park; Salt Creek Golf Retreat, 2359 State Road 46 East
  • September 6
    Read to dogs at the library
    2 to 3:30 p.m. Library, 205 N. Locust Lane
  • September 8
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • September 8
    Peaceful Valley Heritage meeting
    6:30 p.m. BCCF, 209 S. Van Buren St.
  • September 8
    Retired teachers
    noon Hotel Nashville, 245 N. Jefferson St.
  • September 9
    Nashville Town Council
    6 p.m. Town Hall, 200 Commercial St.
  • September 12
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • September 12
    Bible camp planned
    8:30 a.m. to 2 p.m. Shepherd of the Hills Lutheran Church, 5802 Old Settlers Road behind Brownie's restaurant
  • September 17
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • September 18
    BucCornEar Festival fundraiser returns
    4 to 8 p.m. JTFD, 4831 Helmsburg Road, Helmsburg
  • September 18
    'A Miracle for You' services with evangelist Jerry Holland
    7:30 p.m. The Pentecostals
  • September 19
    BucCornEar Festival fundraiser returns
    8 a.m. to 8 p.m. JTFD, 4831 Helmsburg Road, Helmsburg
  • September 19
    'A Miracle for You' services with evangelist Jerry Holland
    6 p.m. The Pentecostals
  • September 20
    'A Miracle for You' services with evangelist Jerry Holland
    2 p.m. The Pentecostals
  • September 28
    American history DVD to play at library
    1 p.m. Library, 205 N. Locust Lane
  • October 4
    Read to a dog at the library
    2 to 3:30 p.m. Library, 205 N. Locust Lane