IN THE IOWA DISTRICT COURT FOR APPANOOSE COUNTY EQUITY NO. EQEQ004336 ORIGINAL NOTICE FOR PUBLICATION U.S. Bank National Association 41-0417860 Plaintiff, Vs. ALL OF THE UNKNOWN CLAIMANTS, INCLUDING BUT NOT LIMITED TO ALL OF THE UNKNOWN HEIRS, SPOUSES, ASSIGNEES, GRANTEES, LEGATEES, DEVISEES AND BENEFICIARIES OF MICHAEL J. MONTEGNA DECEASED; EMILY M. MONTEGNA; JOSEPH MONTEGNA; MASEN JAMES MONTEGNA; REBECCA MON- TEGNA; SAMMIE JO MONTEGNA; SHAWN MICHAEL MONTEGNA; STATE OF IOWA, IOWA DEPARTMENT OF HUMAN SERVICES; STATE OF IOWA, IOWA DEPARTMENT OF REVENUE AND FINANCE; UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE; Defendants. TO THE ABOVE-NAMED DEFENDANT(S): You are hereby notified that there is a petition on file in the office of the clerk of the above court which petition prays for a judgment in rem against the property involved in this action for the sum of $39,781.92 with interest at 3.75% per annum from and including March 1, 2014, on the promissory note executed by Michael J. Montegna and mortgage executed by Michael J. Montegna and Emily M. Montegna to Mortgage Electronic Registration Systems, Inc. and assigned to Plaintiff, who is the sole and absolute owner thereof. Said note, together with the mortgage given to secure the same are due and payable by reason of the failure of the De- fendants Michael J. Montegna and Emily M. Montegna to pay the installments of principal when due. Plaintiff also prays in said Petition for the foreclosure of said mortgage dated Novem- ber 2, 2012 recorded in Book 2012, Page 2121 in the Recorders Office of Appanoose County, Iowa, with said note dated November 2, 2012 on the following described property, to wit: Lot 10 in block 1 in G.W. Stewarts Addition to the City of Centerville, Appanoose County, Iowa and also asking that said mort- gage be declared a prior and superior lien to that of each of the above named Defendants; for appointment of a receiver; for the amount paid by Plaintiff for attorneys fees, abstract ex- pense, costs and accruing costs of this action; that special execution issue for the sale of said real estate to satisfy said judgment, interest, attorneys fees and costs and for such other and further relief as may be just and equitable. FOR FURTHER PARTICU- LARS, SEE COPY OF PETI- TION NOW ON FILE. THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROP- ERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DE- LAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UN- TIL SIX MONTHS FROM EN- TRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAM- ILY 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 PUR- CHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORT- GAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. The Plaintiffs attorneys Petosa, Petosa & Boecker, L.L. P. by Benjamin W. Hopkins, whose address is 1350 NW 138th Street, Suite 100, Clive, Iowa 50325-8308, telephone number (515)222-9400, facsimile number (515)222-9121. You must serve a motion or an- swer on or before the 9th day of February, 2015 and within a reasonable time thereafter file your motion or answer in the Iowa District Court of Ap- panoose County, at the Court- house in Centerville, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition. If you require assistance of auxiliary aids or services to par- ticipate in court because of a disability, immediately call your district ADA coordinator at (641) 684-6502. (If you are hearing impaired, Call Relay Iowa TTY at 1-800-735-2942). Mary Jean Houser by Sara Oden Clerk of the Above Court Appanoose County Courthouse Centerville, Iowa 52544 YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. Runs 3x January 6th, 2015 January 13th, 2015 January 20th, 2015
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