Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1911-07-07
ORIGINAL NOTICE.
In the District Court of Howard County
Iowa.

|
Iowa.
Curtis Miller, Plaintiff.
| Geo. l.. Richards and }October Term, 1911.
wife, Helen F.. Rich
ards. DEPENDENTS. .
| To the Defendants above named
You are hereby notified that there is now
| on 10 In the office Of the Clerk Of the Dis
! trict cont OF Iowa in and for Howard
COlntv petition of the ahoy e M med Plain
| tiff claiming Of you the sum OF 81 .5f5.4O as
Justly due from you upon one certain
, promissorv note made. executed and de-
livered ny Won to this Plaintiff on or about
| the 18th dav OF March. 1910. which note was
| .ecuved ny a certain mortgage made.
executed nd delivered by you to this Plain
,iW. said mortgage being made on or about
the 18th dav Of March. 1910, and made a
matter Of record In the Recorders records Of
Howard County, Iowa. on or about the 18th
dav Of March. 1910, at p. M. thereof In Rook
"E'' Of Mortgages of real estate on page 81
thereof That said mortgage security fsup-
on the following described real estate. to-wit:
.sThe South 4 of tot II and all of tot i2 tn
Block .. Waverlv Addition to Cresco.
Howard County, Iowa"
That by the terms ofsnid mortgage herein
referred to it is especially stipulated and
agreed to that If the party of the first 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 shah become due
at once and collectible with all costs therein
and that there has now been since March IL,
1911. an installment of interest due there
npon 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 same became
due upon March r. 1871 being some two
months and more at the date OF the begin
ming of this action which said beginning
bears date of June 3. 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 Won that the amount of Seo 40 Is the
| amount due on the 18th day ofSeptemher,
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 PIaintiff, 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 s:i,65 with per cent. interest thereon
from September II. 1911. as provided for III
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 mortgag &c stipnlations' and laws of Iowa
all and each ofthe claims OF Plaintiff herein
are taxes upon said real estate above de-
scrihed in said mort ga ge from the date of the
filing of said mortgage being upon the l4th
day OF March, 1910. and n 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
mortgaged 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 be
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 ffSuch
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 mortgaged premises. except such
rights of redemption rs are especially pro-
vided by law, and that If said real estate he
sold and not redeemed, as provided by law. a
writ of possession issue to the Sheriff of
Howard County, Iowa. commanding him to
put the purchaser ut 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 Howard County, Iowa.
For further particulars see the pleadings
on file and all pleadines 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-
lnquency occurred therein and that upon
sa me becoming delinquent the party of the
second part may pay same and secure a de-
cree therefore against the mortgaged
premises therefore and taxes thereupon be-
coming delinquent the Plaintiff herein has
paid sa me 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 ge 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 2nd day Of
October. 1911, your default will be entered
herein and Judgment and decree rendered in
accordance with the prayer OF said petition.
n. A. BLACKBURN.
Attorney for Plaintiff.
70