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LEGAL NOTICE

BENJAMIN N. HORN

Attorney At Law

WELTMAN, WEINBERG &

REIS CO., L.P.A.

323 W. Lakeside Avenue

Suite 200

Cleveland, Ohio 44113-1099

Telephone: 1-216-363-4000

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Case No. 04CV 4490

JUDGE: R. SCOTT KRICHBAUM

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PEOPLE'S CHOICE HOME LOAN, INC.

PLAINTIFF,

VS.

MATTHEW HIGINBOTHAM, ET AL

DEFENDANTS.

Matthew and Brandy Higinbotham, whose last known places of residence is 3643 Irma Avenue, Youngstown, Ohio 44502, each of you will take notice that on the 30th day of December, 2004, the undersigned, Mortgage Electronic Registration Systems, Inc., as nominee for People's Choice Home Loan, Inc., filed a Complaint for Money Foreclosure, and Other Equitable Relief in the Mahoning County Court of Common Pleas, alleging that there is due to the Plaintiff the sum of $45,579.17 plus interest at the rate of 9.85% per annum from August 1, 2004, plus late charges applicable to the terms of the Note and Mortgage, on a Promissory Note secured by a Mortgage Deed of even date conveying the following-described property, to-wit:

Situated in the City of Youngstown, County of Mahoning and State of Ohio, City Lot No. 26378 and the Northerly 20 feet of Youngstown City Lot No. 26877 according to the latest enumeration of lots in said City in Plat No. 7 of Powerstown, a subdivision of a part of Original Youngstown Township Great Lot No. 44, as shown by the recorded plat of said Subdivision in Volume 15 of Maps, Page 27 of Mahoning County Records.

Said all of Youngstown City Lot No. 26378 and the Northerly 20 feet of Youngstown City Lot No. 26877 together form a compact parcel of land having a combined frontage of 60 feet on the Easterly side of Irma Avenue and extends back therefrom a distance of 150 feet on the Northerly line, a distance of 150 feet on the Southerly line and has a rear line of 60 feet as appears by said Plat, be the same more or less, but subject to all legal highways.

Known for street numbering purposes as 3643 Irma Avenue, Youngstown, Ohio 44502

PERMANENT PARCEL NO. 53-039-303.00

The Plaintiff further alleges that by reason of the default of the Defendant obligors in the payment of said Promissory Note according to its tenor, the conditions of said Mortgage Deed have been broken and the same has become absolute.

Plaintiff prays that the Defendants named above be required to answer and set forth their interest in said real estate, or be forever barred from asserting the same, for foreclosure of said mortgage, marshalling of liens, and the sale of said real estate, and the proceeds of said sale applied to the payment of Plaintiff‘s claim in the proper order of its priority, and for such other relief as is just and equitable.

The Defendants named above are required to answer on or before the 26th day of July, 2005.

WELTMAN, WEINBERG &

REIS CO., L.P.A.

BY:  BENJAMIN N. HORN,

Attorney for Plaintiff.

May 24,31; Jun 7,14,21,28, 2005  05-01025