NOTICE OF MARSHAL'S SALE - 3-12-CV-758 - STONEBRAKER
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION UNITED STATES OF AMERICA, Plaintiff v. KEVIN K. STONEBRAKER, Defendant CASE NO: 3:12-CV-758 NOTICE OF MARSHAL'S SALE Notice is hereby given that pursuant to an order of foreclosure and sale of real estate entered by the United States District Court for the Northern District of Indiana, South Bend Division, on the 3rd day of June, 2015, in this cause, the undersigned United States Marshal for the Northern District of Indiana, will conduct a public sale at the Kosciusko County Courthouse, Warsaw, Indiana, on the 15th day of December, 2015 at 12:00 p.m. (local time), of the following described real estate: PARCEL 1: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 33 NORTH, RANGE 5 EAST, 2ND P.M., PRAIRIE TOWNSHIP, KOSCIUSKO COUNTY, INDIANA, CONTAINING 8.40 ACRES, MORE OR LESS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON BAR AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 10, SAID POINT BEING ON THE CENTERLINE OF COUNTY ROAD 400 WEST; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG SAID ROAD CENTERLINE 208.72 FEET TO A PK NAIL AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST 50.00 FEET TO A PK NAIL; THENCE NORTH 89 DECREES 46 MINUTES 22 SECONDS WEST, 313.89 FEET TO A 5/8 INCH IRON BAR; THENCE NORTH 85 DEGREES 11 MINUTES 09 SECONDS WEST, 383.74 FEET TO A 5/8 INCH IRON BAR; THENCE SOUTH 00 DEGREES 29 MINUTES 33 SECONDS EAST, 184.82 FEET TO A 5/8 INCH IRON BAR; THENCE NORTH 89 DEGREES 42 MINUTES 10 SECONDS WEST (NORTH 89 DEGREES 45 MINUTES WEST RECORDED), 618.79 FEET TO AN IRON PIPE; THENCE NORTH 00 DEGREES 06 MINUTES 45 SECONDS WEST 413.95 FEET (NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 413.55 FEE RECORDED), TO A RAILROAD RAIL POST; THENCE SOUTH 89 DEGREES 40 MINUTES 40 SECONDS EAST, 1003.70 FEET (SOUTH 89 DEGREES 45 MINUTES EAST, 1003.60 FEET RECORDED), TO AN IRON PIPE; THENCE SOUTH 00 DEGREES 01 MINUTES 22 SECONDS EAST, 208.90 FEET (SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 208.71 FEET RECORDED), TO AN IRON PIPE; THENCE SOUTH 89 DEGREES 46 MINUTES 22 SECONDS EAST, 313.69 FEET (SOUTH 89 DEGREES 45 MINUTES EAST, 313.06 FEET RECORDED), TO THE POINT OF BEGINNING. PARCEL 2: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 33 NORTH, RANGE 15 EAST, 2ND P.M., PRAIRIE TOWNSHIP, KOSCIUSKO COUNTY, INDIANA, CONTAINING 2.61 ACRES, MORE OR LESS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON BAR AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 10, SAID POINT BEING ON THE CENTERLINE OF COUNTY ROAD 400 WEST; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG SAID ROAD CENTERLINE, 258.72 FEET TO A PK NAIL AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 154.99 FEET TO A PK NAIL; THENCE NORTH 89 DEGREES 42 MINUTES 10 SECONDS WEST (NORTH 89 DEGREES 45 MINUTES WEST RECORDED), 697.89 FEET TO A 5/8' IRON BAR; THENCE NORTH 00 DEGREES 29 MINUTES 33 SECONDS EAST, 184.82 FEET TO A 5/8' IRON BAR; THENCE SOUTH 85 DEGREES 11 MINUTES 09 SECONDS EAST, 383.74 FEET TO 5/8 INCHES IRON BAR; THENCE SOUTH 89 DEGREES 46 MINUTES 22 SECONDS EAST, 313.89 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL, 11.01 ACRES, MORE OR LESS. EXCEPTING THEREFROM: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 33 NORTH, RANGE 5 EAST, 2ND P.M., PRAIRIE TOWNSHIP, KOSCIUSKO COUNTY, INDIANA, CONTAINING 8.45 ACRES, MORE OR LESS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON BAR AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 10, SAID POINT BEING ON THE CENTERLINE OF COUNTY ROAD 400 WEST; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST (ASSUMED BEARING), ALONG SAID ROAD CENTERLINE 208.72 FEET TO A PK NAIL AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST 50.00 FEET TO A PK NAIL; THENCE NORTH 89 DEGREES 46 MINUTES 22 SECONDS WEST, 313.89 FEET TO A 5/8 INCH IRON BAR; THENCE NORTH 85 DEGREES 11 MINUTES 09 SECONDS WEST, 369.62 FEET TO A 5/8 INCH IRON BAR; THENCE SOUTH 00 DEGREES 29 MINUTES 33 SECONDS EAST, 183.71 FEET TO A 5/8 INCH IRON BAR; THENCE NORTH 89 DEGREES 42 MINUTES 10 SECONDS WEST (NORTH 89 DEGREES 45 MINUTES WEST RECORDED), 632.87 FEET TO AN IRON PIPE; THENCE NORTH 00 DEGREES 06 MINUTES 45 SECONDS WEST 413.95 FEET (NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 413.55 FEET RECORDED), TO A RAILROAD RAIL POST; THENCE SOUTH 89 DEGREES 40 MINUTES 40 SECONDS EAST, 1.003.70 FEET (SOUTH 89 DEGREES 45 MINUTES EAST, 1003.60 FEET RECORDED), TO AN IRON PIPE; THENCE SOUTH 00 DEGREES 01 MINUTES 22 SECONDS EAST, 208.90 FEET (SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 208.71 FEET RECORDED), TO AN IRON PIPE; THENCE SOUTH 89 DEGREES 46 MINUTES 22 SECONDS EAST, 313.69 FEET (SOUTH 89 DEGREES 45 MINUTES EAST, 313.06 FEET RECORDED), TO THE POINT OF BEGINNING. LEAVING AFTER SAID EXCEPTION, 2.56 ACRES, MORE OR LESS. TO BE KNOWN AS: PART OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 33 NORTH, RANGE 5 EAST, KOSCIUSKO COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT AN IRON PIN FOUND AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST (DEED BEARING AND USED AS THE BASICS OF BEARING FOR THIS DESCRIPTION) ON AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 258.72 FEET TO A MAG NAIL AT A SOUTHEAST CORNER OF A CERTAIN TRACT OF LAND AS RECORDED IN DOCUMENT NUMBER 200500003372 IN THE RECORDS OF KOSCIUSKO COUNTY, INDIANA, SAID MAG NAIL BEING AT THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ON AND ALONG SAID EAST LINE BEING WITHIN THE RIGHT-OF-WAY OF COUNTY ROAD 400 WEST, A DISTANCE OF 154.99 FEET TO A MAG NAIL AT THE SOUTHEAST CORNER OF A CERTAIN TRACT OF LAND AS RECORDED IN DOCUMENT NUMBER 2002-08-0497 IN SAID RECORDS; THENCE NORTH 89 DEGREES 43 MINUTES 35 SECONDS WEST (RECORDED NORTH 89 DEGREES 42 MINUTES 10 SECONDS WEST AND RECORDED NORTH 89 DEGREES 45 MINUTES WEST) ON AND ALONG THE SOUTH LINE OF SAID TRACT OF LAND IN DOCUMENT NUMBER 2002-08-0497, A DISTANCE OF 683.60 FEET TO AN IRON PIN FOUND AT A SOUTHEAST CORNER OF SAID TRACT OF LAND IN DOCUMENT NUMBER 200500003372; THENCE NORTH 00 DEGREES 28 MINUTES 08 SECONDS EAST (RECORDED NORTH 00 DEGREES 29 MINUTES 33 SECONDS EAST) ON AND ALONG AN EAST LINE OF SAID TRACT OF LAND IN DOCUMENT NUMBER 200500003372, A DISTANCE OF 183.71 FEET TO AN IRON PIN FOUND AT A CORNER OF SAID TRACT OF LAND IN DOCUMENT NUMBER 200500003372; THENCE SOUTH 85 DEGREES 13 MINUTES 43 SECONDS EAST (RECORDED SOUTH 85 DEGREES 11 MINUTES 09 SECONDS EAST) ON AND ALONG A SOUTH LINE OF SAID TRACT· OF LAND IN DOCUMENT NUMBER 200500003372, ALSO BEING ON AND ALONG A NORTH LINE OF SAID TRACT OF LAND IN DOCUMENT NUMBER 2002-08-0497, A DISTANCE OF 369.48 FEET (RECORDED 369.62 FEET) TO A 5/8 INCH IRON PIN, CAPPED "WALKER" AT A CORNER OF SAID TRACT OF LAND IN DOCUMENT NUMBER 200500003372, SAID IRON PIN ALSO BEING AT A CORNER OF SAID TRACT OF LAND IN DOCUMENT NUMBER 2002-08-0497; THENCE SOUTH 89 DEGREES 46 MINUTES 22 SECONDS EAST ON AND ALONG A SOUTH LINE OF SAID TRACT OF LAND IN DOCUMENT NUMBER 200500003372, ALSO BEING ON AND ALONG A NORTH LINE OF SAID TRACT OF LAND IN DOCUMENT NUMBER 2002-08-0497, A DISTANCE OF 313.89 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 2.549 ACRES OF LAND, MORE OR LESS. Commonly Known As: 6441 N. 400 W, Leesburg, IN 46538. This public sale will be made without relief from valuation or appraisement laws and the property shall be sold as an entirety. The United States Marshal will accept, and seek court confirmation of, the highest bid offered for this property. The successful bidder must tender payment in the form of a cashier's or certified check or money order, on such terms as the Marshal directs. The purchaser shall receive a deed thereto after court confirmation of the sale, subject to the express conditions that there are no warranties of title. The interest acquired by the purchaser at said sale shall be subject to any lien of Kosciusko County, Indiana for real property taxes in regard to said real estate, and further subject to any lien of a municipality for sewer fees assessed against the real estate, which lien is duly and properly recorded in the recorder's office in the county in which the real estate is located prior to delivery of the deed to the purchaser. For further particulars regarding this sale, prospective bidders are hereby referred to the order of the United States District Court in the above-captioned case. Todd L. Nukes Acting United States Marshal Northern District of Indiana 11-10,17,24 12-1 hspaxlp
