Notice Of Sheriff Sale

TO THE OWNERS OF THE WITHIN DESCRIBED REAL ESTATE AND ALL INTERESTED PARTIES
NOTICE OF SHERIFF’S SALE
By virtue of a certified copy of an Agreed Judgment, Decree of Foreclosure, and Order for Sale of Mortgaged Property and Operator Collateral (the “Judgment”) directed to me from the Clerk of the Superior Court of Jackson County, Indiana, in Cause No. 36D01-2308-MF-000050, and docketed in the foreign judgment docket of Kosciusko County, Indiana, under Cause No. 43C01-2403-CB-000012, wherein Fannie Mae was Plaintiff and Shields Aid Propco LLC, Shields Aid Opco LLC, Gardens at Lake Aid Propco LLC, Gardens at Lake Aid Opco LLC, Hamilton Aid Propco LLC, Hamilton Aid Opco LLC, Lynd Aid Propco LLC, Lynd Aid Opco LLC, Master Tenant (FNMA-B) Aid Opco LLC, and Enlivant Aid (FNMA-B) Mgmt LLC were Defendants, requiring me to make the sum as provided for in said Judgment with interest and costs, I will expose at public sale to the highest bidder, on August 27, 2024, at 10:00 A.M. on said day, at www.zeusauction.com, the fee simple of the whole body of Real Estate in Wayne Township, Kosciusko County, Indiana:
REAL PROPERTY IN THE CITY OF WARSAW, COUNTY OF KOSCIUSKO, STATE OF INDIANA, DESCRIBED AS FOLLOWS:
TRACT I: PART OF THE NORTHWEST QUARTER, TOGETHER WITH PART OF THE SOUTHWEST QUARTER, ALL BEING IN SECTION 10, TOWNSHIP 32 NORTH, RANGE 6 EAST, KOSCIUSKO COUNTY, INDIANA, ALL TOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 86 DEGREES 38 MINUTES EAST, ON AND ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, ALSO BEING THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 641.3 FEET TO A CORNER OF LOT NUMBER 17 IN OAK GLEN ESTATES SUBDIVISION NO. 2; THENCE SOUTH 45 DEGREES 00 MINUTES EAST, ON AND ALONG A SOUTH LINE OF SAID LOT NUMBER 17, A DISTANCE OF 35.36 FEET TO AN IRON PIN FOUND AT A SOUTH CORNER OF SAID LOT NUMBER 17, SAID IRON PIN BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 86 DEGREES 38 MINUTES EAST, ON AND ALONG A SOUTH LINE OF SAID LOT NUMBER 17 AND ON AND ALONG THE SOUTH RIGHT-OF-WAY LINE OF CHINWORTH COURT, BEING PARALLEL TO AND 25.0 FEET SOUTH OF THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 148.0 FEET TO AN IRON PIN FOUND AT THE SOUTHEAST CORNER OF THE RIGHT-OF-WAY OF SAID CHINWORTH COURT, AS PLATTED; THENCE NORTH 03 DEGREES 22 MINUTES WEST, ON AND ALONG THE EAST END OF THE RIGHT-OF-WAY OF SAID CHINWORTH COURT, A DISTANCE OF 11.6 FEET TO A POINT ON THE BACK OF THE EXISTING CURB OF CHINWORTH COURT; THENCE NORTH 86 DEGREES 51 MINUTES EAST, ON AND ALONG THE BACK OF SAID CURB, A DISTANCE OF 80.09 FEET TO THE POINT OF CURVATURE OF A REGULAR CURVE TO THE RIGHT HAVING A RADIUS OF 15.0 FEET; THENCE SOUTHEASTERLY, ON AND ALONG THE BACK OF SAID CURB, BEING DEFINED BY SAID CURVE, AN ARC DISTANCE OF 12.03 FEET (THE CHORD OF WHICH BEARS SOUTH 70 DEGREES 10 MINUTES EAST, FOR A LENGTH OF 11.71 FEET) TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 45.0 FEET; THENCE EASTERLY, NORTHERLY AND WESTERLY, ON AND ALONG SAID RADIUS, BEING ALSO THE BACK OF SAID CURB, AN ARC DISTANCE OF 160.56 FEET (THE CHORD OF WHICH BEARS NORTH 30 DEGREES 36 MINUTES EAST FOR A LENGTH OF 87.96 FEET) TO AN IRON PIN FOUND; THENCE NORTH 03 DEGREES 22 MINUTES WEST, A DISTANCE OF 95.1 FEET, MORE OR LESS, TO THE CENTERLINE OF BEYER DITCH; THENCE SOUTH 73 DEGREES 24 MINUTES EAST, ON AND ALONG THE CENTERLINE OF SAID BEYER DITCH AND THE FORMER CENTERLINE OF SAID BEYER DITCH, BEFORE IT WAS RELOCATED, A DISTANCE OF 209.93 FEET TO THE POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NUMBER 30; THENCE SOUTH 29 DEGREES 50 MINUTES EAST, ON AND ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 84.37 FEET; THENCE SOUTH 42 DEGREES 31 MINUTES EAST, ON AND ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 45.8 FEET TO AN IRON PIPE FOUND; THENCE SOUTH 86 DEGREES 38 MINUTES WEST, ON AND ALONG A LINE BEING PARALLEL TO AND 33.0 FEET (MEASURED AT RIGHT ANGLES) SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, A DISTANCE OF 551.83 FEET TO AN IRON PIPE FOUND; THENCE NORTH 03 DEGREES 22 MINUTES WEST, A DISTANCE OF 8.0 FEET TO THE TRUE POINT OF BEGINNING.
TRACT II: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 32 NORTH, RANGE 6 EAST, 2ND P.M., WAYNE TOWNSHIP, KOSCIUSKO COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 01 DEGREE 57 MINUTES 17 SECONDS EAST A DISTANCE OF 740.40 FEET; THENCE NORTH 89 DEGREES 23 MINUTES 58 SECONDS EAST, A DISTANCE OF 875.83 FEET TO A 1/2 INCH IRON BAR AND THE POINT OF BEGINNING; THENCE NORTH 01 DEGREE 41 MINUTES 19 SECONDS WEST, A DISTANCE OF 405.59 FEET TO A 1/2 INCH IRON BAR; THENCE SOUTH 89 DEGREES 23 MINUTES 58 SECONDS WEST, A DISTANCE OF 214.80 FEET TO A 1/2 INCH IRON BAR; THENCE NORTH 01 DEGREE 41 MINUTES 19 SECONDS WEST, A DISTANCE OF 313.07 FEET TO AN IRON PIPE; THENCE NORTH 87 DEGREES 40 MINUTES 00 SECONDS EAST, A DISTANCE OF 551.83 FEET (RECORDED 551.30 FEET) TO A 1 1/2 INCH IRON PIPE ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NUMBER 30; THENCE SOUTH 00 DEGREES 44 MINUTES 18 SECONDS EAST (RECORDED SOUTH 00 DEGREES 46 MINUTES 47 SECONDS EAST), A DISTANCE OF 735.17 FEET TO A 5/8 INCH IRON PIPE; THENCE SOUTH 89 DEGREES 23 MINUTES 33 SECONDS WEST, A DISTANCE OF 324.90 FEET TO THE POINT OF BEGINNING.
Together with all buildings, improvements, fixtures, personalty, equipment, furniture, appliances, licenses and contracts attached to, related to, used in connection with or currently located at the Real Estate, which are encumbered by the Plaintiff’s mortgage and security interests, including the Operator Collateral more particularly described in Exhibit A attached hereto.
Commonly known as 425 Chinworth Court, Warsaw, Indiana 46580.
Parcel No. 43-11-10-300-644.000-032 / 004-723001-60
Together with rents, issues, income, and profits thereof, said sale will be made without relief from valuation or appraisement laws.
“Subject to all liens, encumbrances and easements of record not otherwise extinguished in the proceedings known as Cause No. 36D01-2308-MF-000050 in Superior of the County of Jackson, Indiana.”
The Sheriff’s Department does not warrant the accuracy of the street address or the legal description published herein.
Jim Smith
Sheriff of Kosciusko County
Attorney for Plaintiff:
James E. Carlberg
James P. Moloy
Nathan T. Danielson
BOSE MCKINNEY & EVANS LLP
111 Monument Circle, Suite 2700
Indianapolis, Indiana 46204
(317) 684-5000
The Sheriff’s Department does not warrant the accuracy of the street address published herein.
EXHIBIT A: PROPERTY INCLUDED IN DESCRIPTION OF OPERATOR COLLATERAL
With respect to each and every one of the Seniors Housing Facilities that are the subject of this mortgage foreclosure lawsuit:
All improvements, fixtures, and personalty attached to, used in connection with, or currently located at the Land and Seniors Housing Facilities, as described in the Loan Documents and Agreed Judgment, which specifically includes, without limitation:
All Fixtures, Goods, Improvements, Leases, Personalty, and Rents, as those terms are defined in the Mortgages and other Loan Documents, as applicable;
The agreements, goods, and personalty located on or used in connection with the management and operation of the Mortgaged Property, as listed in Fannie Mae’s financing statements and as defined in the various security agreements, assignments, and other agreements relating to the Seniors Housing Facilities located at the Land;
All operational and management property, as described in the Agreed Judgment and the Loan Documents, which includes without limitation, all Leases, Rents, Contracts, Accounts, and UCC Collateral of the Manager of the Seniors Housing Facilities;
Any and all licenses required to operate, and contracts relating to, the Seniors Housing Facilities as independent living, assisted living, and/or Alzheimer’s/Dementia Care facilities in the State of Indiana, including without limitation all residential care licenses issued to the Indiana Borrowers, the Indiana Sublessees, or any other parties by the Indiana State Department of Health; and
All other property described in the Agreed Judgment or the Loan Documents, including without limitation all rents, issues, income, and profits thereof;
All of which is encumbered by Fannie Mae’s Mortgages and security interests.
Capitalized terms used but not defined herein retain their definitions and related meanings as provided in the Agreed Judgment, Decree of Foreclosure, and Order for Sale of Mortgaged Property and Operator Collateral entered March 12, 2024, in the Superior Court of Jackson County, Indiana, under Cause No. 36D01-2308-MF-000050.
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