f. That in the event of such sale the defendant and all persons in privity with him may be forever barred and foreclosed of and from all right or equity of redemption of said land and premises and that they and each and all of them, after the expiration of fifteen months from the time of filing the bill of complaint herein, deliver and yield up possession thereof to the purchaser at such sale on production of the deed of the officer making the same, and a certified copy of the order of this court confirming the report of such sale, after such order has become absolute; unless said lands and premises shall have been in the meantime redeemed according to law.

g. That in the event that said sale shall fail to produce a sufficient sum to pay the entire amount found to be due to the plaintiff, together with interest, costs and the expenses of such sale, the said defendant, C. D., be decreed to pay to the plaintiff the amount of such deficiency, and that plaintiff have a personal decree and execution for the collection thereof.

h. And that plaintiff may have such other and further relief in the premises as shall be just and appropriate.

Attorney for Plaintiff. (Business address.)

STATE OF MICHIGAN,

COUNTY OF

SS.

E. F., being first duly sworn, deposes and says that he has read the foregoing bill of complaint by him subscribed, and knows the contents thereof, and that the same is true except as to the matters therein stated to be on his information and belief, and that as to such matters he believes it to be true.

No. 19. Bill by Contractor to Foreclose Mechanics' Lien on New Structure Only.

(Entitle court, cause and address.)

The plaintiff, E. F., respectfully shows: 1. That plaintiff is a resident of engaged in the business of ...

...

in

and is

and prior

day of

2. That heretofore, to-wit, on thereto, one Y. Z. was the owner of the following described premises:

.

; and that on

one C. D. entered into a certain contract (if in writing say so) with the plaintiff wherein it was agreed between the plaintiff and said C. D. that for and in consideration of the sum of $... to be paid by said

C. D. to plaintiff, the plaintiff would build and erect on the said land a certain (insert description of structure) in the following manner: (state terms of contract including time and manner of payment, time of completion, etc., and if in writing add: a copy of which contract is hereto attached marked "Exhibit A" and made a part of this bill of complaint.)

3. That the plaintiff thereafter fully performed his part of said contract and built and erected the said dwelling house (or proper description of structure) in accordance with the terms of said contract within the time limited therein, the same having been completed on the

day of

4. That the fair and reasonable value of the labor and material so furnished by plaintiff and used in the construction of said building was the sum of $.....

5. That immediately after the completion of the afore

said building (insert other appropriate description of structure where necessary), to-wit, on the

day of

19...., said C. D. accepted and took possession of the same. (Vary as the facts require.)

6. That after plaintiff had completely performed said contract and fully and completely built and erected said dwelling house (or other new structure, as may be) plaintiff first learned that said C. D. was not at the time the owner of said land upon which said building (or structure) was being erected, but that said Y. Z. was during said time the owner of said land (vary to fit the facts, stating facts fully to show real situation and extent of interest or want of interest of defendant C. D. in the land or premises, and the occasion of his contract for and erection of structure upon land not belonging to him.)

7. That thereafter, to-wit, on the

day of

19...., plaintiff gave to the said C. D. and Y. Z. respectively a statement under oath pursuant to section 4 of the Lien Law, stating the things therein required and particularly the number and names of every subcontractor and laborer in his employ and of every person furnishing materials for or in the performance of said contract and showing therein on oath that all said subcontractors, laborers and materialmen had been and were fully paid. (Vary to meet particular facts.)

8. That within sixty days after plaintiff had completed the building and erection of said dwelling house (or other structure) and had fully and completely performed his part of said contract, and on the .. day of ....

19...., plaintiff made and filed in the office of the register of deeds of said county a just and true statement of account of the amount due to him over and above all legal setoffs, duly verified and setting forth all of the requisites, statements and facts required by law, a copy of which statement is hereto attached marked "Exhibit B" and made a part hereof. (It would be well to make and show service of the lien claim upon both the owner of the land and the owner of the building.)

9. That by reason thereof a valid and enforcible lien against said building and in favor of plaintiff arose, and that, although payment for said work and material has been demanded by plaintiff, neither said lien nor the debt underlying the same has been paid, satisfied, discharged, waived, assigned, terminated or in any manner relinquished (enlarge or limit to fit the facts), and that there is now due and owing to plaintiff thereon, over and above all legal setoffs, the sum of $.... with interest thereon since the.. day of..

19...., and that for the enforcement of said lien and debt plaintiff is entitled to establish and foreclose said lien pursuant to the statute in such case made and provided.

10. That no proceedings are pending or have been had at law for the recovery of the debt secured by said lien, or any part thereof. (Vary to fit the facts.)

.....

and....

11. That, as the plaintiff is informed and believes, the following named persons have or claim to have some right or interest in said structure (insert a particular statement of interests, being particular about those of other lienors and claimants of interests which may be superior to or concurrent with those of the plaintiff); that the plaintiff avers that except as stated above, all such rights and interests are subject to the aforesaid lien of plaintiff.

12. The plaintiff therefore prays the aid of this court:

a. That the said C. D. and Y. Z. (name the defendant and all persons interested in the premises, including other lienholders and those who have filed notice of their intention to claim liens), the defendants hereto may, without oath, answer on oath being hereby waived, answer all and singular the matters hereinbefore stated and charged, and that they may come to a just and true account with plaintiff in the premises.

b. That the amount found to be due to plaintiff with interest and costs may be decreed to be a lien upon the aforesaid building (or structure) in favor of plaintiff,

c. That said defendant, C. D., be decreed to pay to plaintiff the amount so found to be due to him, with interest and the costs of this suit, forthwith.

d. That in default of such payment the said building (or structure) may be sold by and under the direction of this court separately, and to be removed, from the land on which the same is situated, and that the proceeds of such sale be applied to satisfy the amount due to plaintiff with interest and costs of this suit and the expenses of such sale.

e. That, in the event that the sale of said building (or structure) shall fail to produce a sufficient sum to pay the whole amount so found to be due to plaintiff as aforesaid, together with interest and the costs of this suit and the expenses of such sale, said defendant, C. D., be decreed to pay to plaintiff the amount of such deficiency, and that plaintiff have a personal decree and execution for the collection thereof.

f. And that plaintiff may have such other and further relief in the premises as shall be just and appropriate.

Attorney for Plaintiff

(Business address)

(Add proper verification.)

No. 20.

Bill by Subcontractor.

(Entitle court, cause and address.)

That plaintiff A. B. respectfully shows: 1. That plaintiff is a resident of.... engaged in the business of ....

of

2. That heretofore, to-wit, on the

.and is

in

..day

19...., one C. D. was the owner in fee simple (or part owner or lessee, etc.) of that certain piece or parcel of land described as follows:

and being such owner (or part owner, etc.) the said C. D. did then make a certain contract and agreement with one