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LEGAL NOTICE

LERNER, SAMPSON, & ROTHFUSS

Attorneys At Law

120 East Fourth Street, 8th Floor

P.O. Box 5480

Cincinnati, Ohio 45201-5480

Telephone No.: 513-241-3100

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Case No. 02CV 2747

Judge John M. Durkin

NOTICE IN SUIT FOR

FORECLOSURE OF MORTGAGE

THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 C/O FAIRBANKS CAPITAL CORPORATION

PLAINTIFF,

VS.

WILLIAM BYRD, ET AL.,

DEFENDANTS.

William Byrd, whose last known address is 287 Lane Drive SW, Warren, OH 44483, and the unknown heirs, devisees, legatees, executors, administrators, spouses and assigns and the unknown guardians of minors and/or incompetent heirs of William Byrd, all of whose residences are unknown and cannot by reasonable diligence be ascertained, will take notice that on the 10th day of September, 2002, The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 c/o Fairbanks Capital Corporation filed its Complaint in the Common Pleas Court of Mahoning County Ohio in Case No. 02CV 2747 on the docket of the Court, and the object and demand for relief of which pleading is to foreclose the lien of plaintiff's mortgage recorded upon the following described real estate, to wit:

PROPERTY LOCATED AT: 45 Lilburne Drive, Youngstown, OH 44505 and being more particularly described in plaintiff's mortgage recorded in Mortgage Book 4924, Page 302, of this County Recorder's Office.

PERMANENT PARCEL NO. 53-230-0-111

All of the above named defendants are required to answer within twenty-eight (28) days after last publication, which shall be published once a week for six consecutive weeks, said answer day being the 12th day of March, 2003, or they might be denied a hearing in this case.

LERNER, SAMPSON & ROTHFUSS,

Attorneys for Plaintiff.

Jan 8,15,22,29; Feb 5,12, 2003  02-03310