STATE OF INDIANA )

)SS:

WELLS COUNTY )

WELLS COUNTY

SUPERIOR COURT

CAUSE NO.

90D01-1907-MF-000022

CITIZENS STATE BANK F/K/A/ PACESETTER BANK

vs.

THE UNKNOWN HEIRS OF BARBARA G WHALEY, KNOWN HEIR BERNARD WELCH, AND FIRST MERCHANTS BANK F/K/A IAB FINANCIAL BANK

Defendants.

NOTICE OF SUIT

The State of Indiana to the Defendants(s) above named, and any other person who may be concerned.

You are hereby notified that you have been sued in the Court above named. The nature of the suit against you is:

In Rem Complaint on Note and to Foreclose Mortgage on Real Estate Against the property commonly known as 322 E. Central Avenue, Bluffton, Indiana, in Wells County, and described as follows:

LOT NUMBERED NINE (9) AS KNOWN AND DESIGNATED ON THE RECORDED PLAT OF SILVER’S SOUTH ADDITION TO THE TOWN (NOW CITY) OF BLUFFTON, EXCEPT THEREFROM 37 FEET OF EVEN WIDTH OFF OF THE EAST SIDE THEREOF.

ALSO, LOT NUMBERED TEN (10) AS KNOWN AND DESIGNATED ON THE RECORDED PLAT OF SILVER’S SOUTH ADDITION TO THE TOWN (NOW CITY) OF BLUFFTON.

ALSO, LOT NUMBERED ELEVEN (11) AS KNOWN AND DESIGNATED ON THE RECORDED PLAT OF SILVER’S SOUTH ADDITION TO THE TOWN (NOW CITY) OF BLUFFTON, EXCEPT THEREFROM 38 FEET OF EVEN WIDTH OFF OF THE WEST SIDE THEREOF.

This summons by publication is specifically directed to the following named defendant(s) whose where-abouts are unknown:

THE UNKNOWN HEIRS OF BARBARA G WHALEY

If you have a claim for relief against the plaintiff arising from the same transaction or occurrence, you must assert it in you written answer or response.

You must answer the Complaint in writing, by you or your attorney, within thirty (30) days after the Third Notice of Suit, and if you fail to do so a judgment by default may be entered against you for the relief demanded by the Plaintiff.

WELCH & COMPANY LLC

By: Craig E. Beougher

Attorney No. 24561-29

Attorney for Plaintiff

nb 9/13, 9/20, 9/27

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