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NOTICE OF SHERIFF SALE - MF-000136 - BARBEE LANDING

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NOTICE OF SHERIFF'S SALEKOSCIUSKO COUNTY SHERIFF DEPARTMENT TO THE OWNERS OF THE WITHIN DESCRIBED REAL ESTATE AND ALL INTERESTED PARTIES Sheriff's Fine Number_________ Date Of Sale: April 28, 2009 Warsaw Times Union Judgment to be Satisfied: $321,873.43 By virtue of a certified copy of a decree to me directed from the Clerk of the Superior/Circuit Court of Kosciusko County, Indiana, in Cause No: 43C01-0803-MF9-000136. Plaintiffs: Judith L. Desomer and Thomas W. Freel Defendant: The Barbee Landing, Inc. Required me to make the sum as provided for in said Decree with interest and costs, I will expose at public sale to the highest bidder, at the hour of 10:00 a.m. of said day as listed above, at 221 West Main Street, Warsaw, Indiana 46580, the fee simple of the whole body of Real Estate in Kosciusko County, Indiana Tract I: A tract of land being a part of Government Lot One (1) and being in the Northeast Quarter of Section 28, township 33 North, Range 7 East, 2nd P.M., Tippecanoe Township Kosciusko County, Indiana, more particularly described as follows: Commencing at a 1/2, inch iron bar at the Northeast corner of Lot One (1) in Kuhn's North Shore Park; thence South 59 degrees 43 minutes 51 second East (South 64 degrees East recorded), 349.73 feet to a 1/2 inch iron bar and the point of beginning; thence continuing south 59 degrees 43 minutes 51 seconds East (South 64 degrees East recorded), 130.00 feet to a 1/2 inch spike in a public road known as Durban Street; thence South 46 degrees 30 minutes 00 seconds West, 121.08 feet (121.44 feet recorded) to a P.K. nail on the bridge over the channel between Big Barbee Lane and Little Barbee Lake; thence North 68 degrees 49 minutes 37 seconds West (North 74 degrees West recorded) 244.68 feet; thence North 17 degrees 33 minutes 49 seconds East, 114.61 feet to a 1/2 iron bar; thence South 67 degrees 53 minutes 54 seconds East, 163.06 to a 1/2 inch iron bar; thence North 31 degrees 45 minutes 20 seconds East, 64.05 feet to the point of beginning. Tract II: A tract of land in the Northeast Quarter of Section 28, township 33 North, Range 7 East, more particularly described as follows: Commencing at a point that 50 feet North, 56 feet South 41 degrees 59 minutes East, and 62 feet North, 48 degrees 1 minute East of the North end of the center of the bridge across the channel connecting Barbee Lake, in said Section; thence North 48 degrees 1 minute East 50 feet to a point; thence South 41 degrees 59 minutes East 50 feet; thence South 48 degrees 1 minute West 50 feet; thence North 41 degrees 59 minutes West 50 feet to the Place of Beginning. Together with the common right to the common use of ingress and egress of the following described tracts of land adjacent to the trace hereby described, to-wit: Commencing 50 feet North and 46 feet South 41 degrees 59 minutes East of the North end of the center of the bridge across the channel connecting Barbee Lake aforesaid; and running thence South 41 degrees 59 minutes East 184 feet, thence North 48 degrees 1 minute East, 12 feet thence North 41 degrees 59 minutes West 184 feet, thence South 48 degrees 1 minute West 12 feet to the Place of Beginning. AND ALSO, commencing at the Place of Beginning last above mentioned and running thence North 48 degrees] minute East 112 feet along the South right-of-way line of the public highway at said place, thence South 41 degrees 59 minutes East 10 feet, thence South 48 degrees 1 minute West 112 feet, thence North 41 degrees 59 minutes West 10 feet to the Place of Beginning. NOTE: SRI-Sheriff Sales Department. This property is simultaneously being auctioned on the internet. www.sri-sheriffsale.com Together with rents, issues, income and profits thereof, said sale will be made without relief from valuation or appraisement laws. This Notice shall also represent service of Notice of Sale of the above-described real estate upon the owners, pursuant to requirements of IC§32-29-7-3. W.R. Goshert, Sheriff of Kosciusko County Bryon J. Berry, Attorney-At-Law Tippecanoe Township Street Address of Property Being Sold 3687 North Barbee Road, Warsaw, IN 46582 Please Serve Type of Service Phillip Fozo Sheriff The Barbee Landing, Inc. 3687 North Barbee Road Warsaw, IN 46582 The Sheriff's Department does not warrant the accuracy of the street address published herein. m11,18,25