The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1922-09-29

Overland Nationai Bank fGf PIant IL ' Ys
Elisha Koshaba. Defendant.
r6 GRnE SThTa &c To 1 FAH A fGNRs
NAMED DEFENDANT.
You Are. Hereby Required to Appear
in an action brought against you by
the above named plaintiff in the Dist
riot Court of the Seventh Judicial Dist
riot. State of Idaho in and for the
County. of Canyon and to answer the
days Exclusive of the day of service)
after the service on you of this sum-
mons. If served within this district, or
forty days. The said action is brought
to obtain a decree of this Court for
the foreclosure of certain mortgage
ed by Elisha Koshaba as mortgagor
to Overland National Bank as mort
gage on the goth day of October, 1920,
to secure the payment Of a certain
in the principal sum of $3550.00 and
bearing interest at the rate of go per
annum. on which said note default has
been made in the payment of said
principal sum and the payment of tn q
interest accruing thereon, and that no
part of said note, except the sum of
plaintiff prays in it's said complaint
that a receiver of the said mortgaged
premises be forthwith appointed with
power in such receiver to lease the
profits thereof, and to apply the same
to the payment of all necessary chare es
and expenses of said receivership and
to the payment of taxes and ASSESS
ments against the said premises undo r
directions as the Court shall make from
time to time, and with power to create
notes therefor. and that such iudebt-
edness shall be a first and prior lien
upon said premises, and with power to
do all such other things as shall lie
cumstances. and that such receivershiI
continue until the time allowed by
law, for S.,r Resumption has expired and
plant that the said mortGagei prem
ises may be sold according to law and
the usual practice of the Court il the
that the proceeds thereof be applied
to the payment of the sums found due
to the plaintiff including principal
remaining unpaid. interest. accruine
costs. attorneys fees, the balance due
on the principal being $2905.00 and
interest on $355O.00 from October 20
1920 to March s. 1921, at the rate of 9%
per annum. and interest on said bal
ance of s2so5. 90 from March S. 1921
at the rate of go per annum until
paid: and in case such proce edings are
insufficient to pay such amounts found
due the plaintiff herein and the whole
thereof. that this plaintiff may hav,
Judgment against said defendant fol
any deficiency that may remain ant
PENDANT be barred and foreclosed O
all his right, title, claim and eQuit,
of redemption in and to said premise!
and every part and parcel thereof
and for such other and further relie
as may be just and equitable.
For a more complete statement o
the nature of said action and the relic
demanded. reference is hereby mad
10 the complaint on file in such action
That the premises conveyed by sal,
mortgage may be sold, and the pro
leeds thereof applied to the paymen
of the sum so due to the said plaintiff
including costs, accruing costs anC
attorneys fees. and in case such pro
ceeds are not sufficient to pay the same
hat plaintiff may have judgment 70
such deficiency. and execution issu
therefor; that the said defendant an
all persons claiming by, thru or unde
said defendant may be barred and fore
losed of all title, right. claim. lieI
equity, of redemption and interest |
and to said mortgaged premises an
, for such other and further relief a
may be just and equitable. ReferenC
is hereby made to the complaint on nj
! a copy of which Is hereto attached, fo
) more complete statement of the ma
ture of said action.
: And II you fail to appear and answe
! such complaint as above require
3 plaintiff will take default against yo
h and apply to the Court for relief d,
q manded in the complaint.