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 Final Judgment and Decree of Foreclosure (“Decree”) entered on September 7, 2012, by the Clerk of the Kosciusko County Superior Court, under Cause Number 43D03-1205-MF-120, wherein Farm Credit Services of Mid-America, FLCA is plaintiff and Benjamin G. Butz is the defendant; rendering final judgment for Farm Credit Services of Mid-America FLCA in the sum of $62,138.11 as of April 10, 2012, plus per diem of $9.76 from and including April 10, 2012 until September 7, 2012 (the date of judgment), and post judgment interest on the entire Judgment of 8% per annum in favor of FCS from the date of judgment until the date of sale, attorney’s fees and all other costs and expenses of any nature incurred by FCS in connection with this proceeding through the conclusion of the sale and collection of any deficiency balance. Said Decree ordering the sale of the real estate hereinafter described to make assets for the payment of said sums due FCS therein, I will expose for sale at public auction, to the highest bidder on the 18th day of December, 2012, at 10:00 a.m. on said date at the office of the Kosciusko County Sheriff, 221 W Main Street, Warsaw, IN 46580, Kosciusko County, Indiana, the real estate described as follows, to-wit: PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 31 NORTH, RANGE 7 EAST, KOSCIUSKO COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT A RAILROAD SPIKE FOUND MARKING THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 00 MINUTES EAST (DEED BEARING IN A CERTAIN TRACT OF LAND IN THE SOUTH HALF OF SAID SOUTHEAST QUARTER, AS RECORDED IN DOCUMENT #93-08-0454 AND USED AS THE BASIS FOR BEARINGS), ON AND ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1037.22 FEET TO A P. K. NAIL AT THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 00 MINUTES EAST, ON AND ALONG SAID SOUTH LINE, BEING WITHIN THE RIGHT-OF-WAY OF COUNTY ROAD 500 SOUTH, A DISTANCE OF 655.7 FEET TO A P. K. NAIL FOUND; THENCE NORTH 01 DEGREE 33 MINUTES EAST, A DISTANCE OF 611.30 FEET TO AN IRON PIN FOUND; THENCE NORTH 89 DEGREES 09 MINUTES EAST, A DISTANCE OF 290.0 FEET TO AN IRON PIN FOUND; THENCE SOUTH 00 DEGREES 08 MINUTES 35 SECONDS WEST, A DISTANCE OF 620.7 FEET TO A P. K. NAIL ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 00 MINUTES EAST, ON AND ALONG SAID SOUTH LINE, BEING WITHIN THE RIGHT-OF-WAY OF COUNTY ROAD 500 SOUTH, A DISTANCE OF 634.20 FEET TO A BRONZE MARKER FOUND AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 01 DEGREE 44 MINUTES 55 SECONDS EAST, ON AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, BEING WITHIN THE RIGHT-OF-WAY OF COUNTY ROAD 400 EAST A DISTANCE OF 1320.19 FEET TO A P. K. NAIL AT THE NORTHEAST CORNER OF THE SOUTH HALF OF SAID SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES 48 MINUTES WEST, ON AND ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1313.1 FEET TO A RAIL POST FOUND MARKING THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 02 DEGREES 08 MINUTES 20 SECONDS WEST, A DISTANCE OF 287.38 FEET (RECORDED 288.4 FEET) TO AN IRON PIN FOUND; THENCE SOUTH 85 DEGREES 35 MINUTES WEST, A DISTANCE OF 556.9 FEET (RECORDED 558 FEET) TO AN IRON PIN; THENCE SOUTH 52 DEGREES 15 MINUTES WEST, A DISTANCE OF 131.7 FEET TO AN IRON PIN FOUND AT THE NORTHEAST CORNER OF A CERTAIN TRACT OF LAND AS RECORDED IN DOCUMENT NO. 93-03-0458; THENCE SOUTH 01 DEGREE 42 MINUTES 45 SECONDS WEST, ON AND ALONG THE EAST LINE OF SAID TRACT, A DISTANCE OF 321.56 FEET TO AN IRON PIN SITUATED NORTH 01 DEGREE 42 MINUTES 45 SECONDS EAST, A DISTANCE OF 580.84 FEET FROM THE SOUTH LINE OF SAID SOUTHEAST QUARTER, THENCE SOUTH 89 DEGREES 00 MINUTES EAST, A DISTANCE OF 375.0 FEET TO AN IRON PIN; THENCE SOUTH 01 DEGREES 42 MINUTES 45 SECONDS WEST, A DISTANCE OF 580.84 FEET TO THE TRUE POINT OF BEGINNING. LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT, TO-WIT: A TRACT OF LAND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 31 NORTH, RANGE 7 EAST, KOSCIUSKO COUNTY, INDIANA AND MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT A BRONZE MARKER MARKING THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER THENCE NORTH 01° 44' 55" EAST, ALONG THE CENTERLINE OF COUNTY ROAD 400 EAST AND THE EAST LINE OF SAID SOUTHEAST QUARTER, 702.40 FEET TO A P. k. NAIL; THENCE NORTH 89° 28' 00" WEST, ALONG THE CENTERLINE OF A FIFTY FOOT WIDE EASEMENT, 917.60 FEET TO A WOOD STAKE; THENCE NORTH 02° 30’ 00" EAST, ALONG SAID EASEMENT CENTERLINE, 124.30 FEET TO A WOOD STAKE; THENCE NORTH 89° 28' 00" EAST, 25.03 FEET TO AN IRON PIN FOR A TRUE POINT OF BEGINNING; THENCE NORTH 01° 56' 00" EAST, 218.20 FEET TO AN IRON PIN; THENCE SOUTH 89° 28' 00" WEST, 400.00 FEET TO AN IRON PIN; THENCE SOUTH 01° 56' 00" WEST, 218.20 FEET TO AN IRON PIN; THENCE NORTH 89° 28' 00' EAST, ALONG A FENCE LINE AND SAID FENCE LINE EXTENDED, 400.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.00 ACRES MORE OR LESS. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT, TO-WIT: PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 31 NORTH, RANGE 7 EAST, KOSCIUSKO COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A BRONZE MARKER FOUND AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 01 DEGREE 44 MINUTES 55 SECONDS EAST (DEED BEARING AND USED AS THE BASIS OF BEARINGS FOR THIS DESCRIPTION) ON AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1,220.69 FEET TO A MAG NAIL AT THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 01 DEGREE 44 MINUTES 55 SECONDS EAST ON AND ALONG SAID EAST LINE, BEING WITHIN THE RIGHT-OF- WAY OF COUNTY ROAD 400 EAST, A DISTANCE OF 99.50 FEET TO A P.K. NAIL FOUND AT THE NORTHEAST CORNER OF THE SOUTH HALF OF SAID SOUTHEAST QUARTER, SAID PK. NAIL BEING SITUATED 0.2 FEET WEST OF ANOTHER P.K.. NAIL FOUND; THENCE NORTH 88 DEGREES 48 MINUTES 00 SECONDS WEST (RECORDED NORTH 89 DEGREES 48 MINUTES WEST AND RECORDED SOUTH 89 DEGREES 26 MINUTES 54 SECONDS WEST) ON AND ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 1,313.10 FEET TO A RAIL IRON POST FOUND AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 02 DEGREES 08 MINUTES 20 SECONDS WEST, A DISTANCE OF 99.51 FEET TO A 5/8-INCH IRON PIN CAPPED "WALKER"; THENCE SOUTH 88 DEGREES 48 MINUTES 00 SECONDS EAST, A DISTANCE OF 1,313.78 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 3.000 ACRES OF LAND, MORE OR LESS. CONTAINING AFTER SAID EXCEPTIONS, 30.76 ACRES, MORE OR LESS. Property Address: 4873 S 400 E, Warsaw, IN 46580 Property Address: 400 E 500 S, Warsaw, IN 46580 Tax Identification Number 17-723005-50 State Tax ID #43-16-05-200-101.000-015 Key Number 17-20-3 Said sale will be made without any relief whatsoever from valuation and appraisement laws. The undersigned, the Sheriff of Kosciusko County, Indiana, will issue to the purchaser of said real estate a Sheriff's Deed for the real estate as by law. W.R. Goshert, Sheriff of Kosciusko County, Indiana This instrument prepared by: Howard B. Sandler, CARSON BOXBERGER LLP, 1400 One Summit Square, Fort Wayne, IN 46802 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE. n2,9,16
