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
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