day of Now, on this 19-, this cause came on for hearing upon the application of the plaintiff for the appointment of a receiver herein, and the court, having read the verified petition filed herein, and having heard the evidence adduced in support of said application, and being fully advised in the premises, finds that the defendant, is neglecting the property for which a receiver is sought; that no care is being bestowed on the same; that the same is uncared for and deteriorating in value; that the same is incumbered by mortgages and other liens; that said property is scant security for the same; that the property is being wasted and is in danger of greater waste and will be seriously damaged, unless conserved, and the premises considered, it is therefore ordered that be, and he is hereby appointed receiver to take charge of said property described in the petition herein, to-wit: (Here describe it); to collect the rents, issues and profits thereof, to pay the necessary taxes and make the necessary repairs, and perform all the usual functions of a receiver; to make report of his acts and doings to this court, and to disburse the money by him collected in accordance with the further orders of this court, and to give bond with surety to be approved by the clerk of the district court of County, in the sum of $ County, ss.: being first duly sworn, says that he is attorney of record for the plaintiff in the above action; that on the day of and 19, the plaintiff filed in the district court of County, State of Oklahoma, a petition in the above entitled cause against the defendants, showing that said plaintiff is the owner and holder of a certain promissory note, executed to said plaintiff by the defendant, in the sum of $ said note being secured by a mortgage on the following described real estate of said defendant, to-wit: (Here describe real estate); that the conditions of said note and mortgage have been broken and the amounts secured thereby are now due and payable to said plaintiff; that have, or claim to have, some right, title or interest in and to said real estate, and that this action is brought for the purpose of foreclosing said mortgage upon the real estate described above. and Affiant further says summons was issued for and and the same was returned not found; that said are nonresidents of the State of Oklahoma, and and that service of summons cannot be made upon them, or either of them within the State of Oklahoma; that diligent inquiry has been made by said plaintiff and his said attorney, at the last known place of residence of said and but no trace of said defendants in the State of Oklahoma can be found; that the last known residence of said of was in the city of in the State and and and The defendants, will take notice that they have been sued in the above named court in an action to foreclose a certain mortgage, owned and held by the plaintiff, on the following described real estate, belonging to the defendant, to-wit: (Here describe it), in which said described premises, the said appear to have or claim some right, title or interest, and said defendants, — and must answer said petition of plaintiff filed herein before the day of 19, or said petition will be taken as true and judgment for said plaintiff, foreclosing the lien of plaintiff's said mortgage on said described premises will be rendered accordingly. [SEAL.] Clerk of said Court. Attorney for Plaintiff. Sec. 1103. The proof of service by publication. State of Oklahoma, the County, ss.: of lawful age, being first duly sworn, says that he is of the printed in the city of a weekly newspaper published and County, Oklahoma, and of general circulation in said county and State; that said has been published for more than fifty-two consecutive weeks next prior to the dates on which the copy herein referred to was published, and the notice of which a true copy is hereto attached, was published in the regular and entire edition of said and not a supplement thereof, for lication being on the weeks, the first pub day of 19-. 19, and the last and 19, the same being one 19- Term of this 8 of the judicial days of the regular court, this cause comes on for trial in its regular order, and the plaintiff appearing in person and by its attorney, the defendants, having been three times called in open court to except, demur, answer or plead to the petition of the plaintiff herein, came not, but each of them makes default; and it appearing to the court that said defendant, had been duly notified more than days prior to this date of the pendency of this action by service of summons as required by law, and that the defendants, and and each of them, have been duly notified of the pendency of this action, as is required by law, by publication of notice thereof, for consecutive weeks in the lished in the city of Oklahoma, and the court -, a newspaper printed and pubin said County, State of having read the pleadings and having heard the evidence adduced in support of plaintiff's petition, and being fully advised in the premises, finds that all the material allegations contained in plaintiff's petition are true; that there is due from said defendant, tiff, the sum of $ action, the sum of $ cipal sum of $ -, to plain on the note and mortgage sued on in this being the balance due on the prinmentioned and set up in said note and mortgage, and the sum of $ being the interest due thereon, and the sum of $ the by-laws of said association; that said note and mortgage provides that there shall be added the sum of $ for fines and penalties, as provided in as costs for attorney's fee in the event of bringing suit thereon; that both said note and mortgage expressly waive appraisement. And the court further finds that the plaintiff has a lien on the lands and tenements described by virtue of the mortgage in said petition set out, to secure the payment of said indebtedness, interest, fines, penalties, attorney fee and costs, said property being described as follows: (Here specifically describe it.) IT IS THEREFORE considered, ordered and adjudged by the court, that said plaintiff have and recover of said defendant, the sum of , being the aggregate of the amounts. so as aforesaid found due to said plaintiff and the costs, taxed at $ -, including the sum of $ attorney fee, and that said judgment bear interest at the rate of per cent. per annum. It is further ordered and adjudged by the court that in case said defendant, fails for six months from the date of the rendition of this judgment to pay plaintiff said sum of $, together with interest thereon, and costs of this suit, including said $- attorney fee, an order of sale issue to the sheriff of County, State of Oklahoma, commanding him to advertise, according to law, and sell, without appraisement, the lands and tenements in said petition described, to-wit: (Here describe it), with all the improvements thereon, and the appurtenances thereunto belonging, and apply the proceeds arising from said sale as follows: First. In payment of the costs of said sale and of this action, including $ attorney fee. |