‘THE COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO. Fifth Third Mortgage Company Case No. Madisonville Operations Mail Code IMOC20 Judge Cincinnati, Ohio 45263 COMPLAINT FOR FORECLOSURE Plaintiff Vs. & Inwood Village, Ltd. we 2100 Auburn Avenue 9 yqqL WANNER sail 1 YS Cincinnati, O1 go \ PROCESS SERVER 200 ine Van der Haer oe 2100 Auburn AvenjigcuLAR MAIL WAN Cincinnati, OH 45219 REGULAR MAIL WAI cesar Bawtenheimer 100 Auburn Avenue fincinnati, OH 45219 3c (> Major Federal Savings and Loan Association clo The Huntington Natioge}Ranka MAIL WAIVER 41 South High Street Columbus, O 43215, ‘The Western and Soutern Life Insurance [Company c/o Donald J. Wuebbling, Registeredyay, WAIVER Agent anc uL Ane 400 Broadway Cincinnati, OF 45202 Clinton Springs, Ltd. U clo Marie W. Rubin, Resign 250 East Fifth Street, Suit 1300 Cincinnati, OF 45202 He eae -THa185C mee cmacnno-Ion eed DXTAGINRST INFCohen, Todd, Kite & Stanford, LLC c/o Terrence A Mire, Registered Agent 250 East Fifth Street, 12th Floor Cincinnati, OH 45202 REGULAR MAJL WAIVER County Administration Building ¢ 138 East Court Street [REGULAR MATL WAIVER Cincinnati, OH 45202 C nknown Tenants (ifany) 2 Glencoe Place Cincinnati, OH 45219 paver REGULAR MAN Defendants. Jurisdiction and Venue 1. The Court has jurisdiction over this action and venue is appropriate because the Court and the property that is the subject of this action are situated in the same county. Background 2. Inwood Village, Ltd. executed the promissory note attached to this Complaint as an Exhibit (the "Note"), and Pauline Van der Haer and Ralph Bawtenheimer executed the Continuing Guaranty Agreements attached to this Complaint as Exhibits (the "Guaranty’s",) 3. Attached hereto as an Exhibit is a validly executed mortgage (the "Mortgage") that was executed in connection with the execution of the Note. The parties to the Mortgage intended that it attach to the entire fee simple interest in the property. 4, The Note isin default because payments required to be made under the terms of the Note and Mortgage have not been made. The Guaranty's are also in default. The default has {@3Cases -TM(D8-2196010h foresee complain 80603-RU-001 apd10. not been cured. The unpaid principal balance on the Note plus interest, costs and expenses are due. ‘The Mortgage was filed April 19, 2005, in Certificate of Transfer Number 0205623, as Document Number 05-0060481, recorded in Official Records Volume 09912, Page (00283, Recorder's Office, Hamilton County, Ohio. ‘The Mortgage conveys to Plaintiff an interest in the following property (the "Properiy"): ‘Situated in Section 13, Town 3, Fractional Range 2, Miami Purchase, Millereek ‘Township in the City of Cincinnati, Hamilton County, Ohio and being more particularly described as follows: Beginning at a point in the North line of Glencoe Place, said point lying 206.00 feet westwardly from the westerly line of Aubum Avenue at the intersection of said North line with the westerly line of Inwood Place; thence along the North fine of Glencoe Place, due West, 462.05 fect (survey) (460.94 feet deed) to a point in the West line of Deronda Court; thence along said West line extended, due North {60.00 feet; thence due Fast, 120.20 feet to an angle; thence North 88 deg. 13’ East 160.03 feet to an angle; thence North 89 deg, 57' 25" East 281.85 feet (survey) (280.74 feet deed) to a point in the easterly line of Inwood Place; thence along said westerly line due South 62.08 feet to the North line of Glencoe Place and the place of beginning. Containing 0,650 acres (28,366 square feet), more or less, of land, A title examination reveals that the other persons named as defendants in this action may also have or claim an interest in the Property. The Preliminary Judicial Report attached to this Complaint as an Exhibit explains why these defendants may have or claim an interest in the Property COUNT ONE Plaintiff incorporates each of the preceding allegations into Count One by reference. Plaintiff is the owner and holder of the Note. Because the Note has been accelerated and is in default, and the default provisions of the Guaranty’s are in effect, Plaintiff is er led to judgment against Inwood Village, Ltd., {Gases -TMA08-219600hio frets complain 0603-81-000 ps