The Daily Alaska empire., 1948-05-29

cCmpialnt, so gwen to said bank; and his said mortgage, a copy whereof marked Exhibit III is at tached to and made a part of said complaint, may be foreclosed herein.
 (3 That the defendant Mar guirete Seaton may be required to appear herein and assert her claim, if any, to said real and personal property, and that her claim, if any, may be decreed to be subject and subordinate to the lien of said mort gages so given to said bank.
 (4 That the plaintiff may have judgment against James c. Cooper and Yyonne Cooper for the sum of S45,000.00 together with interest at the rate of eight per cent per an- mum on the sum of $20,000.00 from September 15 ,1947, and interest at the rate of eight per cent per an- mum from November 15, 1947, on. the sum of $25,00o00 and also for the sum of $641.50 together with inter est at the rate of eight per cent per annunl from September IS. 1947. and also for the sum of S64150 together with interest thereon at the rae of eight per cent per annum thereon from April 2, 1948, and also for the sum of S484.00 together with inter- est thereon at the rate of eight per cent per annum from April T, l948, together with it's costs and disburse- ments herein incurred including an attorney fee of $5,000.00; condition ed, however, that the net proceeds, if any, received by plaintiff from the sale or sales of that certain property which is the subject of said chattel mortgage, a copy where of marked Exhibit II is attached to and Incorporated in said complaint, may be credited upon said demands at and as of the date whereon such if any proceeds are received by plaintiff.
 (5) That decree may be en- tered herein foreclosing said real property mortgage so given on Feb ruary Is, 1947, to said bank by said James c. Cooper and Yvonne Coop CT and directing and ordering that said property namely:
 Lot in Black in Juneau,
 Alaska, according to the official
 townsite plat thereof (the build
 ing on said lot is known as and
 named the Cooper Building),
 together with all and singular
 the tenements, hereditaments
 and appurtenances as we'll as all
 rents, issues, profits, fixtures,
 attachments, heating equipment,
 oil burners, light and plumbing
 fixtures, refrigeration and other
 house service equipment, trees,
 shrubs, easements, rights of way,
 and httoral and riparian rights
 thereunto appertaining or be-
 longing,
 be sold and that the proceeds de- rived from said sale be applied in the following order:
 CD To the costs of said sale
 and accruing costs.
 (2) To the satisfaction of
 such judgment as said Associa- tion may be decreed and allowed
 upon the foreclosure of said mortgages and upon said real property so made to it.
 (3) To the satisfaction of
 said judgment so prayed for in
 favor of plaintiff, together with its costs including an attorney fee of s5,00000.
 (4) To the satisfaction of such judgment as may be de-
 creed in favor of said defend ant Engstrom upon the fore- 1 closure of said mortgage so giv- en to him; provided, however, should such decree foreclose his | mortgage upon and order the sale of said specifically men, | toned personal property that the proceeds derived therefrom be first applied to the satisfac-
 tion of said judgment in favor of plaintiff unless the proceeds
 derived from the sale of said
 real property be sufficient to
 pay in full and satisfy plain
 tiff's said judgment together
 with said costs.
 (5) That the excess. if any
 may be paid out and distributed in such manner as the Court
 may decree to be meet and | equitable.
 (6) Plaintiff further prays that it may have judgmetn against James c. Cooper and Yvonne Cooper for any deficiency which may remain unpaid upon it's said judgment after | the application not only of the pro- ] ceeds of such sale as aforesaid but also of such net proceeds, if any, as may be received by it from the sale or sales of said personal property which is the subject of said chattel mortgage, copy whereof marked Exhibit II is attached to and made part of said complaint. CD Plaintiff further prays that, if foreclosure be decreed of the de- fendant Engstrom's said mortgage the specifically mentioned said per-