NOTICE OF SHERIFF’S SALE TO THE OWNERS OF THE WITHIN DESCRIBED REAL ESTATE AND ALL INTERESTED PARTIES By virtue of a certified copy of a decree to me directed from the Clerk of Kosciusko Circuit Court of Kosciusko County, Indiana, in Cause No. 43C01-1103-MF-00053 wherein Zions First National Bank was Plaintiff, and LNZ, LLC and the United States Small Business Administration were Defendants, requiring me to make the sum as provided for in said Decree with interest and cost, I will expose at public sale to the highest bidder, on the 27th day of September, 2011, at the hour of 10:00 a.m., or as soon thereafter as is possible, at the Kosciusko County Sheriff's Department, 221 W. Main Street, Warsaw, IN 46580, the fee simple of the whole body of Real Estate in Kosciusko County, Indiana. NOTE: SRI-Sheriff Sales Department. This property is simultaneously being auctioned on the internet. www.sri-sheriffsale.com Exhibit "A" - Legal Description: A tract of land in the northeast quarter of section 10, township 33 north, range 7 east, Kosciusko County, Indiana, better described as follows: Commencing at the intersection of the centerline of Indiana State Road 13 and the half-section line of said section 10, and running thence west, along the half-section line, 50 feet; thence north 00 degrees 03 minutes west, 21.9 feet; thence northerly and northwesterly along the curve of the west right-of-way line of State Road 13, 458.10 feet to a point of beginning; thence northwesterly along said curve, 88.40 feet; thence west, 153.02 feet to a line parallel to and 150.00 feet from said right-of-way line; thence southeasterly, along said parallel line, 100.19 feet; thence east, 140.17 feet; thence north 11.45 feet; thence east, 10.00 feet to the point of beginning. Also, an easement appurtenant to the above described real estate for the purpose of vehicular access to said real estate from Indiana State Road 13, in, upon and over the present existing road now furnishing such access, and which said access road was established in and by a certain written agreement between northeast-Lindsay Water Service, Inc. and Steven A. Beavers dated October 21, 1986, recorded December 8,1986, in miscellaneous record 74, page 466, in the office of the recorder of Kosciusko County, Indiana, and which said easement is approximately 20 feet wide, parallel to Indiana State Road 13, and is on the easterly side of the following described real estate in Kosciusko County, State of Indiana, to wit: A tract of land in the northeast quarter of said section 10, township 33 north, range 7 east, Kosciusko County, Indiana, better described as follows, to wit: Commencing at the intersection of the center line of Indiana State Road #13 and the half-section line of said section 10, and running thence west, along the half-section line, 50.00 feet; thence north 00 degrees 03 minutes west, 21.9 feet; thence northerly and northwesterly along the curve of the west right-of-way line of State Road #13, 228.10 feet to a point of beginning; thence west, 150.52 feet to a railroad iron post; thence northwesterly along a line parallel to and 150.00 feet from said right-of-way line, 218.58 feet; thence east, 140.17 feet; thence north, 11.45 feet; thence east, 10.00 feet to the said west right-of-way line; thence southeasterly along the right-of-way line, 230.0 feet to the point of beginning. ALSO: A tract of land in the northeast quarter of section 10, township 33 north, range 7 east, Kosciusko County, Indiana, better described as follows: Commencing at the intersection of the centerline of Indiana State Road #13 and the half-section line of said section 10, and running thence west, along the half-section line, 50 feet; thence north 00 degrees 03 minutes west, 21.9 feet; thence northerly and northwesterly, along the curve on the west right-of-way line of State Road #13, 546.5 feet to a point of beginning; thence further along said curve, 100.0 feet; thence west, 154.25 feet; to a line parallel to and 150.0 feet from said right-of-way; thence southeasterly, along said parallel line, 100.27 feet; thence east, 153.02 feet to the point of beginning. Also, an easement appurtenant to the above-described real estate for the purpose of vehicular access to said real estate for the purpose of vehicular access to said real estate from Indiana State Road 13, in, upon and over the present existing road now furnishing such access, and which said access road was established in and by a certain written agreement between Northeast-Lindsay Water Service, Inc. and Steven A. Beavers dated October 21, 1986, recorded December 8, 1986, in miscellaneous record 74, page 466, in the Office of the Recorder of Kosciusko County, Indiana, and which said easement is approximately 20 feet wide, parallel to Indiana State Road 13, and is on the easterly side of the following described real estate in Kosciusko County, State of Indiana, to wit: A tract of land in the northeast quarter of section 10, township 33 north, range 7 east, Kosciusko County, Indiana, better described as follows: Commencing at the intersection of the center line of Indiana State Road #13 and the half-section line of said section 10, and running thence west, along the half-section line, 50.00 feet; thence north 00 degrees 03 minutes west, 21.9 feet; thence northerly and northwesterly along the curve of the west right-of-way line of State Road #13, 228.10 feet to a point of beginning; thence west, 150.52 feet to a railroad iron post; thence northwesterly along a line parallel to and 150.00 feet from said right-of-way line, 218.58 feet; thence east, 140.17 feet; thence north, 11.45 feet; thence east, 10.00 feet to the said west right-of-way line; thence southeasterly along the right-of-way line, 230.0 feet to the point of beginning. Now re-described by Karst Surveying Services, Inc., on their survey dated March 28, 2008, as follows: Part of the northeast quarter of section 10, township 33 north, range 7 east of the second principal meridian, in Kosciusko County, Indiana, more particularly described as follows: Commencing at the intersection of the centerline of State Road 13 and the south line of the north half of said section 10; thence north 90 degrees 00 minutes 00 seconds west (deed bearing and basis of bearings to follow), a distance of 50.00 feet to the west right-of-way line of State Road 13; thence north 00 degrees 03 minutes 00 seconds west, a distance of 21.90 feet along said right-of-way line to a point of curvature of a tangent curve, a concave to the west, having a radius of 2864.87 feet; thence northwesterly along said curve and along said west right-of-way line, a distance of 458.00 feet (458.10 feet deed), having a central angle of 09 degrees 09 minutes 35 seconds and a chord of 457.51 feet bearing north 04 degrees 37 minutes 47 seconds west to a 1/2" steel rebar found on a north line of an existing 0.753 acre tract of described in Document Number 99-02-0104 in the Office of the Recorder of Kosciusko County, Indiana, said point also being the point of beginning of the herein described tract; thence south 87 degrees 33 minutes 17 seconds west, a distance of 10.00 feet along said north line to a 5/8" steel rebar with "Karst Firm #0073" identification cap set on a east line of said existing 0.753 acre tract; thence south 01 degrees 10 minutes 02 seconds east, a distance of 11.45 feet along said east line to a 5/8" steel rebar with "Karst Firm #0073" identification cap set on a north line of said existing 0.753 acre tract; thence south 89 degrees 39 minutes 41 seconds west, a distance of 140.17 feet along said north line to a 5/8" steel rebar with "Karst Firm #0073' identification cap set on a line parallel with and 150.00 feet distance from the west right-of-way line of said State Road 13, said point also being on a point of curvature of a non-tangent curve concave to the west, having a radius of 2714.87 feet; thence northwesterly along said curve, a distance off 200.46 feet, having a central angle of 04 degrees 13 minutes 50 seconds and a chord of 200.41 feet bearing north 11 degrees 34 minutes 00 seconds west to a 5/8" steel rebar with "Karst Firm #0073" identification cap set on a south line of an existing tract described in Deed Record 336, page 330 in the Office of the Recorder of Kosciusko County, Indiana, said point being 150.00 feet distant from the west right-of-way of said State Road 13; thence north 89 degrees 30 minutes 54 seconds east, a distance of 153.85 feet (154.25 feet deed) along said south line to a 5/8" steel rebar with "Karst Firm #0073" identification cap set on the west right-of-way line of said State Road 13, said point also being on a point of curvature of a non-tangent curve concave to the west, having a radius of 2864.87 feet; thence southeasterly along said curve and said west right-of-way line, a distance of 188.50 feet, having a central angle of 03 degrees 46 minutes 12 seconds and a chord of 188.47 feet bearing south 11 degrees 05 minutes 41 seconds east to the point of beginning. Containing 0.687 acres, more or less. Subject to easements of record. ALSO, an easement appurtenant to the above-described real estate for the propose of vehicular access to said real estate from Indiana State Road 13, in, upon and over the present existing road now furnishing such access, and which said access road was established in and by a certain written agreement between northeast-Lindsay Water Service, Inc., and Steven A. Beavers dated October 21, 1986, recorded December 8, 1986, in miscellaneous record 74, page 466, in the Office of the Recorder of Kosciusko County, Indiana, and which said easement is approximately 20 feet wide, parallel to Indiana State Road 13, and is on the easterly side of the following described real estate in Kosciusko County, State of Indiana, to wit: A tract of land in the northeast quarter of section 10, township 33 north, range 7 east, Kosciusko County, Indiana, better described as follows: Commencing at the intersection of the center line of Indiana State Road #13 and the half-section line of said section 10, and running thence west, along the half-section line, 50.00 feet; thence north 00 degrees 03 minutes west, 21.9 feet; t hence northerly and northwesterly along the curve of the west right-of-way line of State Road #13, 228.10 feet to a point of beginning; thence west 150.52 feet to a railroad iron post; thence northwesterly along a line parallel to and 150.00 feet from said right-of-way line, 218 feet; thence east, 140.17 feet; thence north 11.45 feet; thence east 10.00 feet to the said west right-of-way line; thence southeasterly along the right-of-way line, 230.0 feet to the point of beginning. More commonly known as 624 North Main Street, North Webster, Kosciusko County, Indiana. ALSO: Lot numbered thirty-four (34) in the Howard and Lamm Original Plat of the Village of Wawasee, as recorded in plat book 2, page 151AA, in the Office of the Recorder of Kosciusko County, Indiana. ALSO, the south ten (10) feet of lot number thirty-three (33) in Howard and Lamm Original Plat of the Village of Wawasee, as recorded in plat book 2, page 151AA in the Office of the Recorder of Kosciusko County, Indiana. ALSO, the north 30 feet by parallel lines of lot number thirty-three (33) and the south ten (10) feet by parallel lines of lot numbered thirty-two (32), all in the Howard and Lamm Original Plat of the Village of Wawasee, as recorded in plat book 2, page 151AA in the Office of the Recorder of Kosciusko County, Indiana. Commonly known as 507 South Huntington Street, Syracuse, Kosciusko County, Indiana More commonly known as: 624 N. Main Street, North Webster, Indiana 46555 and 507 S. Huntington Street, Syracuse, Indiana 46567 Parcel No. 43-08-10-100-129,000-024 and 43-04-08-400-515.000-026 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 43C01-11-3-MF-00053 in the Circuit Court of the County of Kosciusko, Indiana" W. R. Goshert, Sheriff Of Kosciusko County Plaintiff Attorney Martha R. Lehman Attorney No. 14287-49 Kreig DeVault LLP One Indiana Square, Suite 2800 Indianapolis, IN 46204 317-636-4341 North Webster Township and Syracuse Township 624 N. Main Street, North Webster, Indiana 46555 507 S. Huntington Street, Syracuse, Indiana 46567 Sheriff Fine No:____________
The Sheriff’s Department does not warrant the accuracy of the street address published herein. SERVICE DIRECTED TO: TYPE OF SERVICE LNZ, LLC Certified Mail Service c/o Teri A. Lindzy, Registered Agent 3398 S. State Road 5-57 Pierceton, IN 46562 The United States of America Small Certified Mail Service Business Administration c/o Joseph R. Reid, Assistant US Attorney Office of the United States Attorney, ND of Indiana 5400 Federal Plaza Hammond, IN 46320 a17,24,31