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NOTICE OF PUBLIC AUCTION OF REAL ESTATE TO THE OWNERS OF THE WITHIN DESCRIBED REAL ESTATE, TO ALL INTERESTED PERSONS AND TO GENERAL PUBLIC Pursuant to Orders of the Kosciusko Circuit Court entered in Case Numbered 43C01-0701-PL-58, in which Donald Johnston, Trustee of the Johnston Family Trust and Terry M. Johnston, Successor Trustee of the Johnston Family Trust, are the Plaintiffs and Counterclaim Defendants, and Carl W. Johnston, Trustee, Jack Mikel and Nathan Mikel d/b/a Mikel Farms are the Defendants and Counterclaimants, the following described real estate will be offered and exposed for a public sale to the highest bidder, on the 20th day of April, 2009 at the hour of 1:15 o'clock p.m., or soon thereafter as possible, by James L. Walmer, Commissioner, at the Law Office of James L. Walmer, 827 South Union Street, Suite 220, Warsaw, Indiana 46581. The fee simple of the whole body of the following described real estate in Kosciusko County, Indiana, is being auctioned, which real estate is more particularly described as follows: The following described real estate, situate in the Northwest and Southwest Quarters of Section 29, at Township 34 North Range 5 East, in Kosciusko County, to wit: The East half of the Southwest Quarter of the Northwest Quarter, East half of the Northwest Quarter of the Southwest Quarter and the South five acres of the West half of the Northwest Quarter of the Southwest Quarter, all in Section 29, Township 34 North, Range 5 East, Scott Township Kosciusko County, Indiana, containing 45 acres, more or less. Subject to any valid enforceable lease and subject to all rights-of-way, easements, encumbrances, and restrictions of record. The five (5) acres is improved with a home and buildings and More commonly known as: 9268 N. 700 W., Nappanee, Indiana Parcel Number: 023-051-005 The remaining parcels do not have a street address, are unused as agricultural ground and collectively lie East of the five (5) acres and adjacent thereto on the South. Parcel Numbers: 023-051-004 and 023-050-005 The foregoing sale is being made by James L. Walmer as the Court Appointed Commissioner in the above referenced case, and is subject to meeting minimum bid requirements as set and established by the Court. All persons may appear and bid. Terms of sale: Executed Contract at Sale, Payment in full at Closing. The sale will be subject to approval of the Court. A form of Contract for Sale will be available for review prior to sale. A Title Commitment has been ordered and will be available for review and a Title Policy will be furnished at Closing. Dated: April 3, 2009 James L. Walmer, Commissioner Walmer Law Office 827 S. Union Street, Suite 220 P. O. Box 1056 Warsaw, IN 46581-1056 Telephone No. 574-269-2095 a7,14
