Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1911-06-30
ORIGINAL NOTICE.
In the District Court of Howard County,
Iowa.

|
In the District Court of Howard County.
| Iowa.
Curtis Miller, Plaintiff,
Geo. H. Richards and October Term. 1911.
| wife, Helen +. Rich
| ards Defendants.
| To the Defendants above named
| You are hereby notified that there is now
on Gle IN the office of the Clerk ofthc Dis
trtct Court of Iowa in and for Howard
| County petition of the above named Pain
tiff claiming Of you the sum of sl,565.4O as
| Justly due from you upon one certain
promissory note made, executed and de-
| lvered by you to this Plaintiff on or about
the 18th day of March, 1910. which note was
secured by certain mortgage made.
executed and delivered by you to this Plain
| tih. said mortgage being made on or about
the 18th day Of March. 1910. and made
matter of record in the Recorders records of
! Howard County. Iowa. on or about the 18th
day of March, 1910, at . p. III. thereof In BOOK
"Ic" of Mortgages OF real estate on page 81
| thereof That said mortgage security Is up
| on the following described real estate. towit:
''The South u OF lot II and all of lot l2i
Block q Waverly Addition to Cresco,
Howard County. Iowa."
That by the terms OF said mortgage herein
referred to 1t is especially stipulated and
| n agreed to that IL the party Of the "rst part
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 colleCttbe with all costs therein
nd that there has now been since March II.
1911. an irstallmcnt of interest due there
upon and not paid nor any part Thereof
though this Plaintiff has diligently sought to
have same paid and the payment thereof
has been neglected since the came hccame
due upon March ~. 1911, being some two
months and more ut the date Of the begin
ming OF this action which said beginning
bears date of June s. 1911. You are also
notified that action may he begun without
notice to You by the special allegations of
said mortgage. Additional notice Is herein
given you that the amount OF S1.JsjtO Is the
amount due on the 18th day ofSeptcmber,
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 he put to herein to
protect and secure his rights and interests in
the premises and that all of snch protection
and security is a special part OF said mort
ga &c 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.G5 with per cent. interest thereon
from September u. 1911. 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 sttpulations' and laws OF Iowa
all and each of the claims OF Plaintiff herein
are taxes upon said real estate above de-
scrihed In said NOR gage from the date OF the
filing of said mortgage being upon the lath
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 a decree from said
Court ordering an execution against the
morris aged premises to make said total sum
and costs and all Of the accruing costs herein
with interests thereon and that said prop
erty or 50 much thereof as is necessary be
sold to fully satisfy all of same 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 II such
occurs, that the Defendants and each and all
of them and that all persons claiming by,
through. or under them be forever barred
and foreCloScd of all interests and equity In
and to said mortgagcd premises. except such
rights of redemption as are especially pro-
videG by law. and that IL said real estate be
sold and not redeemed, MS provided by law.
writ of possession Issue to the Sheriff OF
Howard 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 rs may
seem just and equitable to the District Court
of Howard County. Iowa.
For further particulars see the pleadings
on file and all plcadtngs 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.
linquency occurred therein and that upon
same 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 SAM and asks a special decree against
the property mortgaged therefore with per
cent. interest thereon all of which is In
accordance with the stipulations of the
mort ga re 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 he held ut the Court House In
said County. commencing on the Ind day of
October, 1911, your default will be entered
herein and Judgment and decree rendered in
accordance with the prayer of said petition.
~ A. HLA(EB('RE