Seward daily gateway., 1927-01-25
LEGAL NOTICES

NO. S.
 SUMMONS FOR PUBLICATION
 IN THE DISTRICT COURT FOR
 THE TERRITORY. OF ALASKA, THIRD DIVISION.
 BANK OF SEWARD, Corporation, 1 Plaintiff.
 CHAS A. BENSON, cHAS. A. TEcK- l LENBURG, and H.. V. HOBEN, Defendants.
 1.-THE PRESIDENT OF THE UNITED
 STATES OF AMERICA:
 To CHAS. A. BENSON, one of the
 above-named defendants, GREETING: You are hereby required to appear l in the District Court for the Territory of Alaska, Third Division, within thir- ! ty days after the last publication of this summons, namely, within thirty days after the 21st day of February, I 1927, in case this summons is pub i lished, or within forty days after the date of it's service upon you, in case the summons is served upon you per sonally, and answer the complaint of the above-named plaintiff on file in the said court in the above-e entitled
 action.
 The said plaintiff in said action de-
 mands the following relief: Judg-
 ment against you for the sum of
 S5,911.75 with interest thereon at the
 rate of 12 per cent per annum from the 14th day of September, 1926, until
 paid, and for it's costs and disburse- ments and reasonable attorneys fee to be fixed by the Court, according to the terms and conditions of certain promissory note, dated February 28, 1925, made by Chas. A. Benson, Chas. A. Tecklenburg and H. V. HOben, to the order of Bank of Seward, in the
 principal sum of s7,50000 with inter- est as aforesaid Judgment or decree to fOreclose a certain mortgage on real property, described in plaintiffs complaint herein, to-wit: "All of Lot 32 in Block g and Lot 32 in Block 13 of the Town of Seward, Alaska, as shown by the official plat of said Town of Seward of record and on file in the office of the U. s. Commission CT and ex-officio Recorder for the ke- mai (now Seward) Precinct, at Sew ard, Alaska" and executed February 2S, 1925, by Chas. A. Benson, one of the defendants herein to secure the payment of that certain promissory note hereinabove described, made by Chas. A. Benson, Chas. A. Tecklen- burg and H. V. Hoben, dated February 28, 1925, payable IS months after date, in the sum of s7,5OoO0, to the order of Bank of Seward, with interest thereon at the rate of 12 per cent per annum, on which said note the sum of S5,91175, with interest thereon at the rate of 12 per cent per annum from September 14, 1926, according to the terms and conditions thereof, re- mains due and unpaid, with condition therein for the payment of such add1- tiona1 sum for attorneys fees as the court shall adjudge reasonable Tn the event suit or action is instituted to collect said note, interest, or any DOT tion thereof, as in the complaint here1n fully set forth; that the premises con veyed by said mortgage may be sold, and the proceeds applied to the pay ment of the amount due under the pro visions of said note and mortgage, ln- cluding principal sum and interest re- maining unpaid as aforesaid ana the plaintiffs costs and dlspurse
 ments, including a reasonable attoI-
 news fee, as specifically demand ted in said complaint; and Ill lease such proceeds of such sale |are not sufficient to pay the amount of the adjudged total 1ndeDt- edness under the terms and provl- sions of said note and mortgage, then that execution issue against said de- fendants, and each of them, for the balance remaining due; and, also, that you, the said Chas. A. Benson, and all
 persons claiming by, through, or un- der you, may be barred and foreclosed of all right, title, claim, lien, equity