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Public Notice in the Court of Common Pleas

PUBLIC NOTICE IN THE COURT OF COMMON PLEAS BUTLER COUNTY, OHIO CASE NO. CV 2020 02 0250 US BANK TRUST, N.A., NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST -VS- UNKNOWN HEIRS, ASSIGNS, LEGATEES AND DEVISEES OF DAISY CARTER AKA LUELLA L. CARTER, DECEASED, ET AL. DEFENDANTS. John Doe, Name Unknown, Unknown Spouse if any of Daisy Carter aka Luella L. Carter, whose last known address is: 825 Main Street, Hamilton, OH 45013; Unknown Heirs, Assigns, Legatees and Devisees of Daisy Carter aka Luella L. Carter, Deceased, and Unknown Heirs, Assigns, Legatees and Devisees of James F. Carter, Deceased, whose last known address is: Unknown, and who cannot be served, will take notice that on February 4, 2020, Plaintiff filed a Complaint for Foreclosure and other Equitable Relief in the Butler County Court of Common Pleas, Butler County, Ohio, being Case No. CV 2020 02 0250, against John Doe, Name Unknown, Unknown Spouse if any of Daisy Carter aka Luella L. Carter; Unknown Heirs, Assigns, Legatees and Devisees of Daisy Carter aka Luella L. Carter, Deceased, and Unknown Heirs, Assigns, Legatees and Devisees of James F. Carter, Deceased, among others as Defendants, alleging that, Daisy Carter aka Luella L. Carter, Deceased, and James F. Carter, Deceased, are in default for all payments from February 17, 2018; that on April 23, 2009, Daisy Carter aka Luella L. Carter, Deceased, and James F. Carter, Deceased, executed and delivered a certain Mortgage Deed in which said Defendants agreed, among other things, to pay the Note and to comply with all of the terms of the Mortgage Deed hereinafter described, which Mortgage Deed was filed in the Recorder's Office of Butler County, Ohio on June 24, 2009, recorded in Volume 8129, Page 102, and assigned to the Plaintiff on October 28, 2019, and recorded on November 18, 2019, in Volume 9367, Page 1070, of the Butler County Records, that, further, the balance due on the Note is $141,312.51 with interest at the rate of 5.5600% per annum from February 17, 2018; that to secure the payment of the Note, executed and delivered a certain Mortgage Deed to and thereby conveying, in fee simple, the following described premises: Situated in the State of Ohio, in the County of Butler, and in the City of Hamilton: Commonly known as 825 Main Street, Hamilton, OH 45013 and further alleging that the aforesaid Mortgage is a valid and subsisting first and best lien upon said premises after the lien of the Treasurer; that the Note is in default, whereby the conditions set forth in the Note and Mortgage have been broken, that the Mortgage has become absolute and that Plaintiff is entitled, therefore, to have the Mortgage foreclosed, the premises sold, and the proceeds applied in payment of Plaintiff's claims; that the Defendants John Doe, Name Unknown, Unknown Spouse if any of Daisy Carter aka Luella L. Carter; Unknown Heirs, Assigns, Legatees and Devisees of Daisy Carter aka Luella L. Carter, Deceased, and Unknown Heirs, Assigns, Legatees and Devisees of James F. Carter, Deceased, among others, may have or claim to have some interest in or lien upon said premises; that all of the Defendants are required to set forth any claim, lien or interest in or upon the premises that he, she, or it may have or claim to have or be forever barred therefrom; that Plaintiff's Mortgage be declared to be a valid and subsisting first and best lien upon said premises after the lien of the Treasurer, if any, that its Mortgage be foreclosed; that all liens be marshaled; that the equity of redemption of all Defendants be forever cut off, barred, and foreclosed; that upon the sale of said premises the proceeds be paid to Plaintiff to satisfy the amount of its existing lien and the interest, together with its disbursements, advancements, and costs herein expended; and for such other and further relief to which is may be entitled in equity or at law. Defendants are further notified that they are required to answer the Complaint on or before April 17, 2020 which includes twenty-eight (28) days from the last publishing, or judgment may be rendered as prayed for therein. Submitted by: Mark M. Schonhut (0093698), Sandhu Law Group, LLC, 1213 Prospect Avenue, Suite 300, Cleveland, OH 44115, 216-373-1001, Attorney for Plaintiff 2-14,2-21,2-28,3-6,3-13,3-20/2020
February 14, 2020
April 17, 2020
February 22, 2020 10:50am