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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

  • March 5
    Go Club meeting Thursday
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • March 5
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • March 5
    Gospel jam & sing at Gnaw Bone church
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East
  • March 5
    Nashville Town Council
    6:30 p.m. Town Hall, 200 Commercial St.
  • March 5
    Bluebird Club
    7 p.m. Library, 205 N. Locust Lane
  • March 5
    Brown County Schools Board of Trustees
    6:30 p.m. BCJHS, 95 School House Lane
  • March 5
    Rotary Club
    7:15 a.m. Artist Colony Inn, 105 S. Van Buren St.
  • March 5
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • March 6
    Bingo
    5 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • March 6
    'SpongeBob Movie' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • March 6
    Live band at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • March 7
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • March 7
    Meet your legislators at County Office Building
    10 a.m. County Office Building, 201 N. Locust Lane
  • March 7
    Meet 'Wilderness Plots' author at the library
    7 p.m. Library, 205 N. Locust Lane
  • March 7
    Music celebration at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • March 7
    Dave Miller at Abe Martin Lodge
    7:30 p.m. Brown County State Park, State Road 46 East
  • March 7
    Live music at winery
    7 to 10 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • March 8
    'Wilderness Plots'-themed concert planned
    4 p.m. BCHS, 235 School House Lane
  • March 8
    Brown County bridal tour slated
    10 a.m. to 6 p.m. various locations
  • March 8
    'SpongeBob Movie' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • March 9
    Beeline beekeepers club
    7 p.m. Library, 205 N. Locust Lane
  • March 10
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • March 10
    Soil & water conservation district to celebrate 62 years
    6 p.m. Brown County History Center, 90 E. Gould
  • March 10
    Nashville Parking & Public Facilities
    6 p.m. Town Hall, 200 Commercial St.
  • March 10
    Widowed group euchre party
    1 p.m. Sycamore Valley Community Center, 746 Memorial Drive
  • March 10
    Peaceful Valley Heritage meeting
    6:30 p.m. Brown County Presbyterian Fellowship, 602 State Road 135 North
  • March 10
    CSCD Roads, Security commissions
    6 p.m., 7:30 p.m. CSCD Office, 8377 Cordry Drive; CSLOA Clubhouse, 8751 Nineveh Road
  • March 11
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • March 12
    Rotary Club
    7:15 a.m. Artist Colony Inn, 105 S. Van Buren St.
  • March 12
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • March 12
    BC photography club
    7 to 9 p.m. Library, 205 N. Locust Lane
  • March 13
    Bingo
    5 p.m. Fruitdale Fire Station, 5200 State Road 135 North.
  • March 14
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • March 14
    Dave Miller at Abe Martin Lodge
    7:30 p.m. Brown County State Park, State Road 46 East
  • March 18
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • March 19
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • March 20
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • March 20
    Widowed group
    12:20 p.m. Brown County IGA parking lot, 30 Hawthorne Dr.; St. David's Episcopal Church, 11 State Road 45 at 135 North, Bean Blossom
  • March 21
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • March 21
    Jackson Township VFD yard sale
    8 a.m. to 5 p.m. Jackson Township Fire Department, 4831 Helmsburg Road
  • March 27
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • April 9
    BC photography club
    7 to 9 p.m. Library, 205 N. Locust Lane
  • April 24
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • April 25
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • 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