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Public Notice in the Court of Common Pleas

PUBLIC NOTICE IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO CASE NO. 2020 CV 01039 DEUTSCHE BANK NATIONAL TRUST COMPANY IN ITS CAPACITY AS INDENTURE TRUSTEE FOR THE NOTEHOLDERS OF AAMES MORTGAGE INVESTMENT TRUST 2005-3, A DELAWARE STATUTORY TRUST -VS- UNKNOWN HEIRS, ASSIGNS, LEGATEES AND DEVISEES OF JANICE A. COLE AKA JANICE COLE, DECEASED, ET AL. DEFENDANTS. John Doe, Name Unknown, Unknown Spouse if any of Janice A. Cole aka Janice Cole, whose last known address is: 2050 Hickorydale Drive, Dayton, OH 45406; Unknown Heirs, Assigns, Legatees and Devisees of Janice A. Cole aka Janice Cole, Deceased, and Unknown Heirs, Assigns, Legatees and Devisees of William L. Cole aka William Cole, Deceased, whose last known address is: Unknown, and who cannot be served, will take notice that on February 27, 2020, Plaintiff filed a Complaint for Foreclosure and other Equitable Relief in the Montgomery County Court of Common Pleas, Montgomery County, Ohio, being Case No. 2020 CV 01039, against John Doe, Name Unknown, Unknown Spouse if any of Janice A. Cole aka Janice Cole; Unknown Heirs, Assigns, Legatees and Devisees of Janice A. Cole aka Janice Cole, Deceased, and Unknown Heirs, Assigns, Legatees and Devisees of William L. Cole aka William Cole, Deceased, among others as Defendants, alleging that, Janice A. Cole aka Janice Cole, Deceased, and William L. Cole aka William Cole, Deceased, are in default for all payments from August 1, 2019; that on February 23, 1999, Unknown Heirs, Assigns, Legatees and Devisees of Janice A. Cole aka Janice Cole, Deceased, Unknown Heirs, Assigns, Legatees and Devisees of William L. Cole aka William Cole, 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 Montgomery County, Ohio on March 5, 1999, recorded in Instrument No. 1999-00019178, and assigned to the Plaintiff on November 16, 2004, and recorded on February 11, 2009, in Instrument No. 2009-00008527, of the Montgomery County Recorder's records, that, further, the balance due on the Note is $29,159.12 with interest at the rate of 13.7900% per annum from August 1, 2019; 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 Montgomery, and in the City of Dayton: Commonly known as 2050 Hickorydale Drive, Dayton, OH 45406 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 Janice A. Cole aka Janice Cole; Unknown Heirs, Assigns, Legatees and Devisees of Janice A. Cole aka Janice Cole, Deceased, and Unknown Heirs, Assigns, Legatees and Devisees of William L. Cole aka William Cole, 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 26, 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 3-15,3-22,3-29/2020
March 15, 2020
March 29, 2020
March 29, 2020 8:05pm