Seward daily gateway., 1927-01-26
LEGAL NOTICES

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 Fist day of February, 1927, in case this summons is pub lished, or within forty days after the date of its 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 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 a 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 S7,500.00 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 32 in Block 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 s7,5Oe.00, 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 $5,91175, with interest thereon at the rate of 12 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 collect said note, interest, or any DOT tion 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- cluding principal sum and interest re- maining unpaid as aforesaid, and the plaintiffs costs and disburse- ments, including a reasonable attor- ney's fee, as specifically demand led 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- 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 oil r;Chf fif1o claim 6nn au11ifv