• NO. EQCV 055029 IN THE IOWA DI...

NO. EQCV 055029 IN THE IOWA DISTRICT COURT IN AND FOR FAYETTE COUNTY FARMERS STATE BANK, Plaintiff, v. CHARMING SMILES, P.C., CHARLES K. LEE, CHARMA J. LEE, CHARMING PROPERTIES, LLC AND PARTIES IN POSSESSION, Defendants. ORIGINAL NOTICE FOR PUBLICATION TO THE ABOVE-NAMED DEFENDANTS: You are notified there was on the 12th day of December, 2017 filed in the Office of the Clerk of the above-named Court a Petition, which prays for foreclosure of a Mortgage in favor of the Plaintiff and judgment in rem in the amount of $50,871.44 as of December 8, 2017 with interest thereafter at the rate of 4.2500% per annum based upon a 365 day year, on the principal balance of $49,967.42 plus all taxes, insurance advanced, if any, the costs of the action including abstracting costs of $150.00 and for reasonable attorney fees and that said sums be declared an in rem judgment lien upon the following-described premises, located in Fayette County, Iowa, to-wit: The South 25 1/2 feet of the North 50 feet of Lot 9, Block 6, Fayette County, Iowa (locally known as 143 S. Main Street, Fayette, IA 52142) that the mortgage on the above-described real estate be foreclosed, that a special execution issue for the sale of as much of the mortgaged premises as is necessary to satisfy the Judgment and for other relief as the Court may deem just and equitable. The Plaintiff's attorney is H. Raymond Terpstra II, whose address is 3600 First Avenue NE, Suite 101, Cedar Rapids, Iowa 52402. The Plaintiff's attorney's phone number is (319) 364-2467, Ext 1007, with a facsimile transmission number of (319) 364-0923 and email address is rterpstra@tewlaw.net. 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 includes 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. IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE. This case has been filed in a county that utilizes electronic filing. General rules and information on electronic filing are contained in Iowa Court Rules Chapter 16. Information regarding requirements related to the protection of personal information in court filings is contained in Iowa Court Rules Chapter 16, Division VI. You must serve a motion or answer on or before the 22th day of March, 2018, and within a reasonable time thereafter, file your motion or answer by using the Iowa Judicial Branch Electronic Document Management System (EDMS) at https://www.iowacourts.state.ia.us/EFile unless you obtain from the court an exemption from electronic filing requirements. If you do not file your appearance, motion or answer, Judgment by default will be rendered against you for the relief demanded in the Petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 1-641-684-6502. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). Disability coordinators cannot provide legal advice. IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. PUB: Feb. 15, 22, March 1, 2018 LV Review-Journal
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PostedFebruary 15, 2018