IN THE IOWA DISTRICT COURT FOR CLINTON COUNTY Case No. EQCV042590 ORIGINAL NOTICE FOR PUBLICATION MAQUOKETA STATE BANK, an Iowa banking : corporation, EIN #42-0808359, Plaintiff, : vs. LISA McGARRY; MELISSA RICHARDS; THE UNKNOWN HEIRS, DEVISEES AND LEGATEES OF JOCILLA JOHANNSEN, DECEASED; THE UNKNOWN HEIRS, DEVISEES AND LEGATEES OF DICK R. JOHANNSEN, DECEASED; BROWN WOODS; FINANCIAL, LLC; CAPITAL ONE BANK; ASHWOOD INVESTMENTS, LLP; STATE OF IOWA (IOWA DEPARTMENT OF REVENUE); STATE OF IOWA (ESTATE RECOVERY PROGRAM); ALL KNOWN AND UNKNOWN CLAIMANTS AND ALL PERSONS KNOWN OR UNKNOWN CLAIMING ANY RIGHT, TITLE OR INTEREST IN OR TO A PARCEL OF LAND LOCATED IN THE S1/2 NE1/4 SECTION 33, TOWNSHIP 82 NORTH, RANGE 3 EAST OF THE 5TH P.M., CLINTON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE S1/2 NE1/4 OF SAID SECTION 33, THENCE SOUTH 406 FEET TO THE POINT OF BEGINNING OF THE TRACT HERE INTENDED TO BE DESCRIBED; THENCE SOUTH 304 FEET, THENCE WEST 545 FEET, THENCE NORTH 304 FEET, THENCE EAST 545 FEET TO THE POINT OF BEGINNING AND CONSISTING OF 3.8 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD, TOGETHER WITH AN EASEMENT FOR SEWER LINE PURPOSES ACROSS THE S1/2 NE1/4 OF SAID SECTION 33 RUNNING IN A STRAIGHT LINE FROM THE DWELLING LOCATED UPON THE ABOVE-DESCRIBED REAL ESTATE TO A POINT ON THE EAST LINE OF SAID SECTION, 140 FEET SOUTH OF THE NORTHEAST CORNER OF SAID S1/2 NE1/4, Defendants. TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY NOTIFIED and required to serve upon Steven J. Kahler of Schoenthaler, Bartelt, Kahler & Reicks, Plaintiffs attorneys, whose address is 123 North Main Street, Maquoketa, IA 52060, telephone number 563-652-4963; facsimile number 563-652-4965, an appearance, motion or pleading to the Petition in Equity which is now on file on or before the 11th day of March, 2016, and within a reasonable time thereafter to file a duplicate with the undersigned Clerk of Court of Clinton County, at the County Courthouse in Clinton, Iowa. IF YOU FAIL TO DO SO, JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE PETITION. You must electronically file your motion or answer using the Iowa Judicial Branch Electronic Document Management System (EDMS) at https://www.iowacourts.state.ia.us/EFile, in accordance with Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System unless you obtain from the court an exemption from electronic filing requirements. If your motion or answer is filed within 20 days after the date of last publication, you will receive further notifications by electronic notification through EDMS. If you electronically file, EDMS will serve a copy of your motion or answer on Plaintiff or on the attorney for Plaintiff. The Notice of Electronic Filing will indicate if Plaintiff is exempt from electronic filing, and if Plaintiff is exempt, you must mail a copy of your motion or answer to Plaintiff. YOU ARE FURTHER NOTIFIED that the Plaintiffs Petition in Equity filed January 18, 2016, in the above-entitled action is now on file in the Office of the Clerk of the District Court of the State of Iowa, in and for Clinton County, requesting judgment in rem against the mortgaged property, legally described as: a parcel of land located in the S1/2 NE1/4 of Section 33, Township 82 North, Range 3 East of the 5th P.M., Clinton County, Iowa, more particularly described as follows: Commencing at the Northeast corner of the S1/2 NE1/4 of said Section 33, thence South 406 feet to the point of beginning of the tract here intended to be described; thence South 304 feet, thence West 545 feet, thence North 304 feet, thence East 545 feet to the point of beginning and consisting of 3.8 acres, more or less, subject to all easements and restrictions of record, together with an easement for sewer line purposes across the S1/2 NE1/4 of said Section 33 running in a straight line from the dwelling located upon the above-described real estate to a point on the East line of said Section, 140 feet South of the Northeast corner of said S1/2 NE1/4 under the Amended Note, made, executed and delivered by Jocilla Johannsen to Maquoketa State Bank, the present holder of said Amended Note,in unpaid principal sum of $38,185.01, together with interest accruing thereon at the per diem rate of $5.3733435 from and after December 2, 2015, no part of which has been paid, together with the costs incurred in bringing this action including court costs and and all advances made by Plaintiff for abstracting, real estate taxes, insurance, property preservation and such other costs incurred between the time of filing and the Sheriffs Sale, and s reasonable attorney fees. The current unpaid principal balance represents the total sum due after allowing Defendants all just credits. Also requesting judgment for any further or future advancements Plaintiff may be required to make for continuing the abstract of title, or for any other purpose authorized by the terms of said Amended Note and Mortgage and by Iowa law; and for Plaintiffs costs incurred in bringing this action, including reasonable attorney fees. Also requesting as against the Defendants above-named a Decree of Foreclosure of Mortgage, foreclosing one certain Deed of Trust, made, executed and delivered by Dick R. Johannsen and Jocilla Johannsen, husband and wife, to Maquoketa State Bank dated March 16, 1977 and filed March 24, 1977 as Doc. No. 1700-77 in the Office of the Clinton County Recorder, as subsequently amended (collectively the Mortgage); said Mortgage being given to secure the above-mentioned Amended Note and other sums claimed; which Mortgage covers the following described real estate to-wit: a parcel of land located in the S1/2 NE1/4 of Section 33, Township 82 North, Range 3 East of the 5th P.M., Clinton County, Iowa, more particularly described as follows: Commencing at the Northeast corner of the S1/2 NE1/4 of said Section 33, thence South 406 feet to the point of beginning of the tract here intended to be described; thence South 304 feet, thence West 545 feet, thence North 304 feet, thence East 545 feet to the point of beginning and consisting of 3.8 acres, more or less, subject to all easements and restrictions of record, together with an easement for sewer line purposes across the S1/2 NE1/4 of said Section 33 running in a straight line from the dwelling located upon the above-described real estate to a point on the East line of said Section, 140 feet South of the Northeast corner of said S1/2 NE1/4. NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL TWELVE MONTHS (OR SIX MONTHS IF THE PETITION INCLUDED A WAIVER OF DEFICIENCY JUDGMENT) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. PLAINTIFF WAIVES ITS RIGHT TO A DEFICIENCY JUDGMENT HEREIN. Plaintiff also asks for the appointment of a Receiver to take charge of the Mortgaged property and to collect the rents, issues and profits arising or which may be had therefrom and to apply them as by Court directed. No money judgment is asked against any Defendant herein. Plaintiff further requests that, as part of this proceeding, Plaintiffs title be quieted in Plaintiff as superior and prior to any of the rights of the above-named Defendants as to the real estate more particularly described above in this notice and that the Defendants be declared to have no further right, title or interest in and to the above-described real estate and for such other equitable relief as the court might grant. FOR FURTHER PARTICULARS, SEE THE PETITION IN EQUITY NOW ON FILE. NOTE: The attorney who is expected to represent you should be promptly advised of the service of this notice. If you need assistance to participate in court due to a disability, contact the disability coordinator at: 563-328-4145. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. Dates of second and third publication: February 13 & 20, 2016. Published: Feb. 6, 13 & 20, 2016 ---- CAMANCHE COMMUNITY SCHOOL DISTRICT EXPENSES FROM JANUARY 18, 2016 MEETING 10 GENERAL FUND 626 MCDONALD SUPPLY / DIV OF HAJOCA MAINT SUPPLIES 18.22; ADCRAFT PRINTWEAR CO SUPPLIES 577.27; ALLIANT ENERGY NATURAL GAS 2,607.76; AUTISM-PRODUCTS. COM SUPPLIES 744.04; BOSS MISC SUPPLIES 62.99; CAMANCHE DISPOSAL COMPANY DISPOSAL 498.00; CAMANCHE FOOD PRIDE FOOD SUPPLIES 166.14; CENTRAL SIDING SUPPLY, INC SIDING 168.50; CENTURY LINK PHONE SERVICE 49.93; CITY OF CAMANCHE WATER 6,041.80; CLINTON COMMUNITY COLLEGE TUITION 30,652.90; CLINTON COMMUNITY SCHOOL DISTRICT TUITION/FEES 46,153.50; CLINTON FLORAL SHOP SUPPLIES 33.50; CLINTON HERALD COMPANY NOTICES/CLASSFIEDS 249.67; CLINTON NATIONAL BANK SERVICES 20.00; CLINTON NATIONAL BANK SUPPLIES/FEES 26.75; Continuum Retail Energy Services, LLC NATURAL GAS 2,116.11; CULLIGAN BOTTLED WATER 46.15; DELL MARKETING LP TECHNOLOGY 1,410.00 DENEVE, BRETT REIMBURSEMENT 21.00; DEPARTMENT OF ADMINISTRATIVE SERVICES 403B ADMIN 400.00; EDGENUITY INC. SERVICES/SOFTWARE 2,100.00; FASTENAL COMPANY SUPPLIES/PARTS 178.98; FELTS, SHAWN SERVICE 100.00; FLYNN, EMILY REFUND 12.50; G & K SERVICES CLEANING SUPPLIES 91.36; GATEWAY SUPPLY LTD MISC SUPPLIES 434.26; GLOBAL GOV ED .COM TECH SUPPLIES/COMPUTERS 75.83; GODSEY, WAYNE REIMBURSEMENT 20.04; GRAVES, CARRIE REIMBURSEMENT 46.41; GREAT AMERICA FINANCIAL SERVICES COPIER LEASE 800.44; HAPPY JOE'S PIZZA & ICE CREAM FOOD SUPPLIES 28.86; HARTZ INC. REPAIRS/SERVICES 90.00; HD BAKER POS SYSTEMS SOFTWARE 660.00; HODGE, DANIEL REFUND 3.99; HOME DEPOT CREDIT SERVICES MAINT SUPPLIES 243.54; INQUIREHIRE SERVICES 220.00; IOWA COMMUNICATIONS NETWORK RELAY 648.23; IOWA FLL REGISTRATION 250.00; K & K HARDWARE SUPPLIES/PARTS 13.38; KELLY HEATING & OIL CO, INC FUEL 705.51; KENDRICK GENERAL PEST CONTROL 115.00; KIDS FIRST ACADEMY PROFESSIONAL SERVICES 14,324.44; KWIK TRIP INC GASOLINE 590.80; LECTRONICS, INC SERVICES 47.00; LEGO EDUCATION SUPPLIES/EQUIPMENT 171.00; MANGLER, LYNN REIMBURSEMENT 97.96; MEDICAL ASSOCIATES PHYSICALS 125.00; MESS, DAVID REFUND 11.23; MIDAMERICAN ENERGY ELECTRICITY 12,835.85; MIDWEST BUSINESS PRODUCTS COPIERS/PRINTERS 3,047.35; MIDWEST WHEEL PARTS 47.32; MISSISSIPPI BEND AEA PRINT SERVICES 379.00; MOHR, SHERRY REIMBURSEMENT 5.08; NORTHEAST SCHOOL DISTRICT TUITION/FEES 9,549.00; PAETEC LONG DISTANCE SERVICE 0.00; PARKER CASSIDY SUPPLY SUPPLIES 61.09; PEPPER & SON INC., J.W. SUPPLIES 230.99; PICKETT, AMANDA REIMBURSEMENT 45.00; PITNEY BOWES INC POSTAGE SUPPLIES 65.44; PSAT/NMSQT SUPPLIES 1,230.00; QUAD CITY ENGINEERING FEES 110.00; REGENTS OF THE UNIVERSITY OF MINNESOTA SUPPLIES 50.00; RIVER CITY FENCING FENCING 50.72; RK DIXON COMPANY RISO LEASE 1,284.75; SCHOLASTIC, INC SUPPLIES/ACCESS 1,852.00; SCHOOL TECH SUPPLY COMPUTERS 79.98; SHERWIN WILLIAMS MAINT SUPPLIES 116.85; STAPLES ADVANTAGE SUPPLIES 67.28; STATE HYGIENIC LABORATORY SERVICE 12.50; SUPPLYWORKS SUPPLIES 1,861.85; SYNCB/AMAZON BOOKS/PERIODICALS 56.06; THINK VACUUMS SUPPLIES 76.90; TRI-STATE TRAVEL SERVICES 200.00; US CELLULAR CELL PHONES 69.54; USBORNE BOOKS AND MORE BOOKS/PERIODICALS 390.75; VAN METER INC. MAINT. SUPPLIES 229.97; VANSCOY & KROSS, P.C. LEGAL SERVICES 7,121.50; WALMART COMMUNITY FOOD SUPPLIES/SUPPLIES 73.24; WELLNESS COUNCILS OF AMERICA SUPPLIES 41.50; WELLS FARGO FINANCIAL COPIER LEASE 173.41; WINKEL, PARKER & FOSTER, CPA PC AUDIT SERVICES 7,575.00; WOODWORKERS SUPPLY SUPPLIES 59.44; Fund Number 10: 163,319.35 22 MANAGEMENT FUND EMC INSURANCE CO. WORK COMP DEDUCT 191.58; Fund Number 22: 191.58 21 ACTIVITY FUND 2 JR PIZZA ENTERPRISES,LLC FOOD SUPPLIES 771.50; ACADEMY SPORTS AND OUTDOORS SUPPLIES 77.99; APPLE COMPUTER INC TECH SUPPLIES/ COMPUTERS 2,540.00; BETTENDORF COMMUNITY SCHOOL TUITION/ FEES 125.00; BEYOND THE BASELINE DUES/FEES 125.00; BLUE DEVIL YOUTH SPORTS DUES/FEES 135.00; BORRISON, TODD REIMBURSEMENT 109.58; BRANDT, BLAKE OFFICIAL 5.00; BRAX FUNDRAISING RESALE 2,630.00; CAMANCHE HOT LUNCH FUND FOOD PURCHASE 173.70; CAMANCHE PTA REIMBURSEMENT 745.50 CARSTENSEN, BRENT FOOD SUPPLIES 500.15; CLINTON COMMUNITY SCHOOL DISTRICT TUITION/FEES 50.00; CLINTON PRINTING COMPANY PRINT SUPPLIES 96.30; CRIGGER, SARA REIMBURSEMENT 56.72; CULLIGAN BOTTLED WATER 24.35; DAVIS, JOSHUA REIMBURSEMENT 10.00; DYKES, BETHANY REFUND 15.00; EVERSON, TRICIA REIMBURSEMENT 131.62; FARNER-BOCKEN CO. RESALE SUPPLIES 879.19; G BAKER DISTRIBUTING RESALE SUPPLIES 282.16; GASSMANN, MARK OFFICIAL 5.00; GLAZIER FOOTBALL CLINICS FEES 439.00; GUILLIAMS, TIERNEY REIMBURSEMENT 6.76; HEARTLAND SPORTS COMPLEX DUES/FEES 120.00; HORST, JEFF OFFICIAL 5.00; HORST, JORDAN OFFICIAL 70.00; HYVEE INC FOOD SUPPLIES/SUPPLIES 68.00; IA BASKETBALL COACHES ASSOC REGISTRATION 120.00; IA HIGH SCHOOL ATHLETIC ASSOC. SUPPLIES/FEES 160.00; IA HIGH SCHOOL SPEECH ASSOC FEES 260.00; IMPERIAL LANES RENTAL 275.50; IOWA EVENT CENTER SUPPLIES 712.00; IOWA HIGH SCHOOL BASEBALL COACHES ASSOC. REGISTRATION 210.00; K & K HARDWARE SUPPLIES/PARTS 19.96; KINKAID, STACY REIMBURSEMENT 220.00; KNICKREHM, DOUG OFFICIAL 5.00; KRAMER, MIKE REFUND 10.00; KWIK TRIP INC GASOLINE 21.60; MILLER, BART OFFICIAL 100.00; MINNTEX CITRUS FUNDRAISER 2,978.15; MISS IOWA SCHOLARSHIP PROGRAM DUES/FEES 168.00; NEWSOM, KAYLA REFUND 15.00; NORTH SCOTT CSD FEES/TUITION 100.00; O'REILLY AUTO PARTS REPAIR PARTS 137.26; POLO HIGH SCHOOL TUITION/FEES 175.00; QUAD CITY ENGINEERING FEES 50.00; RIVERBEND ATHLETIC BOOSTERS DUES/FEES 140.00; ROCK VALLEY PHYSICAL THERAPY PROFESSIONAL SERVICES 1,250.00; SCOTT, STEVEN OFFICIAL 100.00; SHIELDS, DEREK REFUND 5.00; SMITH, DARRYL OFFICIAL 150.00; SPEAKOUT CHARITY 232.00; STILLINGS, MISTI REFUND 10.00; STOLTS, KALLEY REIMBURSEMENT 7.25; TEMPLE'S SPORTING GOODS SUPPLIES/ EQUIP 2,317.00; THOMAS, DAN OFFICIAL 5.00; TREASURER STATE OF IOWA SALES TAX 98.00; TRUELSEN, LOREN OFFICIAL 100.00; WALMART COMMUNITY FOOD SUPPLIES/SUPPLIES 656.72; WILDEN, RAY OFFICIAL 5.00; WILSON FLOWER AND GIFTS SUPPLIES 34.25; WRUCK, WILLIAM AND BETHANY REFUND 22.00; Fund Number 21 21,067.21 81 TRUST & AGENCY FUND CAMANCHE HOT LUNCH FUND FOOD PURCHASE 195.12; DOLLAR GENERAL CORPORATION SUPPLIES 31.40; WORLD STRIDES FUNDRAISER 879.25; Fund Number 81: 1,105.77 33 LOSST/SAVE BECKWITH COMMERCIAL ROOFING ROOF REPAIRS 272.28; DOMESTIC PLUMBING CO SERVICE/REPAIRS 459.15; HARTZ INC. REPAIRS/SERVICES 847.90; HUGUNIN SEWER & PLUMBING SERVICE/REPAIRS 303.00; IOWA MS INC. EQUIPMENT 2,661.51; SANDBERG CO. MOTOR 680.27; SIMPLEXGRINNELL FIRE ALARM SYSTEM 1,369.50; VAN METER INC. MAINT. SUPPLIES 292.33; Fund Number 33: 6,885.94 71 HOSPITAL INSURANCE FUND PRIME BENEFIT SYSTEM SPLIT/FLEX FUNDING 10,402.40; Fund Number 71: 10,402.40 61 HOT LUNCH FUND 2 JR PIZZA ENTERPRISES,LLC FOOD SUPPLIES 1,953.00; BROOKS, ERIN REFUND 19.02; CAMANCHE SCHOOLS GENERAL FUND REIMBURSEMENT 17.65; EARTHGRAINS BAKING COMPANIES, INC FOOD SUPPLIES 1,464.10; FOX RIVER FOODS FOOD SERVICE 23,189.26; G & K SERVICES CLEANING SUPPLIES 607.20; GALLOWAY, CONNOR REFUND 0.50; LYNN, TOM LUNCH REFUND 28.50; PASSLEY, VANESSA REFUND 0.05; PLUMMER, ALYSSA REFUND 36.80; PRAIRIE FARMS DAIRY MILK PRODUCTS 2,889.94; WALMART COMMUNITY FOOD SUPPLIES/SUPPLIES 153.41; Fund Number 61: 30,359.43 Grand Total: 233,331.68 Published: February 13, 2016.
↧