Seward daily gateway. [volume] (Seward, Alaska) 1923-1933, 1927-02-21
NO. S.

SUMMONS FOR PUBLICATION
IN THE DISTRICT COURT FOR
THE TERRITORY OF ALASKA,
THIRD DIVISION.
BANK OF SEWARD, a Corporation,
Plaintiff.
cHAs A. BENSON, CHAs. A. TEck.
LENBURG, and H. v. HoBEN,
Defendants.
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
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,
1927, in case this summons is pub
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-entitled
action.
The said plaintiff in said action de-
mands the following relief: Judg-
ment against you for the sum OF
$5,911.75, with interest thereon at the
rate of IL per cent per annum from
~
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 a certain
promissory note, dated February %,
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 $7,50000 with inter
est as aforesaid; Judgment or decree
to foreclose certain mortgage on
real property, described in plaintiffs
complaint herein, to-wit: "All OF Lot
80 in Block and Lot 80 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 q. S. Commission
er and ex-officio Recorder for the Ke-
mai (now Seward) Precinct, at Sew
ard, Alaska" and executed February
%, 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
%, 1925, payable IS months after date,
in the sum Of s7,5Oo.00, to the order Of
Bank of Seward, with interest
thereon at the rate Of II per cent per
annum, on which said note the sum
Of s5,91175, with interest thereon at
the rate of IL per cent per annum
from September IA, 1926, according to
the terms and conditions thereof, re-
mains due and unpaid, with condition
therein for the payment Of such addi-
tional sum for attorneys fees as the
court shall adjudge reasonable in the
event suit or action is instituted to
ton thereof, as in the complaint herein
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, in
Guiding principal sum and interest re-
unpaid as aforesaid, and
the plaintiffs costs and disburse-
ments, including a reasonable attor-
ney's fee, as specifically demand
ed in said complaint; and in
case such proceeds of such sale
are not sufficient to pay the
amount of the adjudged total indebt-
edness under the terms and provi-
sions of said note and mortgage, then
that execution issue against said de-
PENDANTS, 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
Of redemption and interest in and to
said mortgaged premises, and for 9th
er and further relief as will appear
more fully by reference to the original
on file herein.
And in the event you fail to so
appear and answer, the plaintiff will
take Judgment against you for want
thereof and will apply to the court for