Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1911-07-14

| Iowa.
Curtis Miller. Plaintiff,
Geo. l.. Richards and October Term, 1911.
| wife. Helen f.. Rich
| ards, Defendants
| 10 the Defendants above named:--
You are hereby notified that there is now
on file In the office of the Clerk of the Dis
trfcf Court of Iowa in and for Howard
County petition of the abov e named Plain
tif' claiming of you the sum OF Sl.56540 AS
justly due from yon upon one certain
promtssory note made. executed and de-
| livered by you to this Plaintiff on or about
| the 18th day OF March. 1910, which note was
secured by certain mortgage mades
| executed and delivered by you to this Plain
tiff, said mortgage being made on or about
| the 18th day Of March. 1910, and made q
matter Of record in the Recorders records Of
Howard County. Iowa, on or about the l4th
day Of March, 1910. at 5 p. m. there of in Book
'E, of Mortgages of real estate on page 81
| thereof. That said mortga security is up
on the following described real estate. to-wit:
| ''The South p OF lot II and all Of lot IL in
Block ., Waverly Addition to Cresco.
| Howard County. Iowa"
That by the terms OF said mort gage herein
referred to 1, is especially stipulated and
dktccu w tudt IL VIC pftt VI the hiNt po''
shall fail to pay any installment Of interest
| due hereunder that then. at the option of
| the holder after 30 days time. the whole
| amount of the entire debt shall become due
at once and colcctihIe with all costs therein
and that there has now been since March II,
1911. an instaIment of interest due there
| upon and not paid nor any par. thereof
though this Plaintiff has diligently sought to
have same paid and the payment thereof
has been neglected since the same became
due upon March l2. 1911. being some two
months and more at the date OF the begin
ming of this action which said beginning
bears date Of June 8. 1911 You are also
notified that action may be begun without
notice to you by the special allegations OF
said mortgage. Additional notice is herein
given you that the amount of 81. 40 is the
amount due on the 18th day ofSeptember.
1911. on the principal of the note and mort
gage security herein: that per cent. interest
per annum is asked thereupon and on any
and all costs and expenses Of any and all
kinds which the said Plaintiff. Curtis Miller,
has been put to and may be put to herein to
protect and secure his rights and interests in
the premises: and that all of such protection
and security is a special part of said mort
gage herein referred to and made part Of
these pleadings. You are also notified that
Plaintiff makes the further claim in his
petition herein for attorney fees in the sum
of s55.a3 with per cent. interest thereon
from September -, 1871. as provided for in
said note and mortgage security and by the
laws Of the State of Iowa.
The further and additional contention and
claim is made by this Plaintiff that under
the mortgage stipulations' and laws of Iowa
n ,l II, >rtG n ut IF "a n
are taxes upon said real estate above de-
scribed in said mortgage from the date of the
filing of said mortgage being upon the l4th
day of March. 1910. and decree is asked of
the District Court of Howard County, Iowa.
to said effect and also that all of Plaintiffs
claims be made by said decree prior to any
and all of defendants herein.
The Plaintiff asks the above named Court
in said petition. in the event of failure to pay
up all of the claims interests. taxes and
costs of said Plaintiff. by the said Defend
ants, that there be issued decree from said
Court ordering an execution against the
mortsaged premises to make said total sum
and costs and all of the accruing costs herein
with interests thereon and that said prop
erty or so much thereof as Is necessary he
sold to fully satisfy all ofsame according to
law in such cases made and provided. The
Plaintiff prays for the additional decree also.
that on and after the day of the sale ifsuch
occurs, that the Defendants and each and all
of them and that all persons claiming by
through or under them be forever barred
and foreclosed of all Interests and equity in
and to said mortgaeed premises. except such
rights of redemption as are especially pro-
vided by law. and that If said real estate be
sold and not redeemed. as pr divided by law,
writ of possession issue to the Sheriff OF
II Toward County. Iowa. commanding him to
put the purchaser at said sale In possession
of said premises and for such other. further
and additional orders and DEGREES as may
seem just and equitable to the District Court
of II oward County. Iowa.
For further particulars see the pleadings
on lie and all pleadings that may be placed
on file with the Clerk of the above Court.
You are also hereby notified that by the
terms of said mortgage that the party of the
first part agreed to pay all taxes before de-
iinquency occurred therein and that upon
sa me becoming delinquent the party of the
second part may pay same and secure de-
cree therefore against the mortgaged
premises therefore and taxes thereupon be-
coming delinquent the Plaintiff herein has
paid same and asks a special decree against
the property mortSaged therefore with per
cent. interest thereon all of which is in
accordance with the stipulations Of the
mortgage herein referred to.
You as defendants are each notified that
unless you appear herein and defend before
noon of the second day of the next term OF
the District Court of Howard County, Iowa.
appointed to be held at the Court House in
said County, commencing on the End day Of
October, 1911, your default will be entered
herein and judgment and decree rendered in
accordance with the prayer ofsatd petition.
y. \. BLACKBURN,
Attorney for Plaintiff.
ShlIdP0r cry
FOR FlE1cHER'S
- a Ct - 81 a