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IN THE IOWA DISTRICT COURT FOR O’BRIEN COUNTY

belltimescourier.com Posted on by

IOWA STATE BANK,
Plaintiff,
vs.
ADAM KOSTER; KAYLA KOSTER; THE CITY OF PAULINA, IOWA; O’BRIEN COUNTY ECONOMIC DEVELOPMENT CORPORATION; UNKNOWN PERSONS WITH AN INTEREST IN THE PROPERTY, and PARTIES IN POSSESSION;
Defendants.
CASE NO.: EQCV026208
ORIGINAL NOTICE FOR PUBLICATION
TO THE ABOVE NAMED DEFENDANTS:
UNKNOWN PERSONS WITH INTEREST IN THE PROPERTY AND PARTIES IN POSSESSION.

  1. YOU ARE NOTIFIED that a Petition has been filed in the Office of the Clerk of this Court naming you as the Defendant in this action. A copy of the Petition (and any documents filed with it) is attached to this Notice. The attorney for the Plaintiff is Bradly R. Kruse of Dickinson, Bradshaw, Fowler, & Hagen P.C., whose address is 801 Grand Avenue, Suite 3700, Des Moines, IA 50309. That attorney’s telephone number is (515) 246-4550; facsimile number (515) 246-4550; and email bkruse@dickinsonlaw.com.
  2. JUDGMENT MAY BE ENTERED AGAINST YOU unless you file an Appearance and Answer within 20 days after the day of the last publication;
    April 10, 2024 of the service of the Original Notice upon you, and within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Warren County, Indianola, Iowa. If you do not, JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU for the relief demanded in the Petition.
  3. YOU MUST ELECTRONICALLY FILE an Appearance and Answer 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.
  4. If your Appearance and Answer is filed within 20 days after the day of the last publication, and you deny the claim, you will receive electronic notification through EDMS of the place and time of the hearing on this matter.
  5. If you electronically file an Appearance and Answer, EDMS will serve a copy of the form on the Plaintiff, unless Plaintiff is exempt from electronic filing, or on the attorney for Plaintiff. The Notice of Electronic Filing will indicate if you must mail a copy of your Appearance and Answer to Plaintiff.
  6. 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 six (6) months (or three (3) 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 (2) 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.
  7. Plaintiff seeks foreclosure of a Real Estate Mortgage instrument recorded January 10, 2020, as Instrument Number 2020-0101, of the O’Brien County Recorder’s Office (the “Mortgage”), on the following described real estate in O’Brien County, Iowa:
    Parts of Block Four (4) in the Original Town (Now City) of Paullina, described by metes and bounds as follows, to wit:
    Commencing at the Northeast corner of said Block 4; running thence South 70 feet along the East line of said Block 4; thence West parallel to the South line of said Block, 132 feet; thence North to the North line of said Block; thence East along the North line of said Block to the point of beginning; AND
    Commencing at the point 50 feet West of the Southeast corner of said Block 4; running thence West on the South line of said Block, 82 feet; thence North 190 feet; thence East 132 feet to the East line of said Block; thence South on said East line 30 feet; thence West 50 feet; thence South 160 feet to the point of beginning;
    Locally known as 212 West Broadway Street, Paulina, Iowa 51046 (the “Property”).
    Plaintiff seeks judgment in rem against the Property for a two Promissory Notes described in the Petition as the 2021 Note and the 2022 Note, respectively, that are both secured by the Mortgage described above in the following amounts:
    The total sum of $95,558.71 representing the following amounts: a) on the 2021 Note, principal in the amount of $81,796.26, plus accrued interest in the amount of $44.30, for a total of $81,840.56; and b) on the 2022 Note, principal in the amount of $13,711.86, plus accrued interest of $6.29, for a total of $13,718.15.*
    *plus future costs for obtaining a gap title report; plus any other amounts incurred as protective advances; plus statutory interest from the date of the filing of the Petition; plus reasonable attorneys’ fees and court costs.
  8. You must also notify the Clerk’s Office of any address change.
  9. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your District ADA Coordinator. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942).
    CLERK OF COURT / Deputy
    O’BRIEN COUNTY COURTHOUSE
    155 S. Hayes Ave.
    Primghar, IA 51245
    IMPORTANT
    YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS.
    Published in O’Brien County’s Bell-Times-Courier March 14, 202
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