NOTICE OF SHERIFF SALE - MF-177 - TRISTATE INDIANA ASSOCIATES
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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 a Summary Judgment Entry, Decree of Foreclosure and Final Order of Possession directed to me by the Clerk of CIRCUIT Court of KOSCIUSKO County, Indiana, in Case No. 43C01-1309-MF-177 wherein MLCFC 2006-4 WILLOWCREEK ROAD, LLC was plaintiff, and TRI-STATE INDIANA ASSOCIATES, LLC (owner of record), TRI-STATE KANSAS ASSOCIATES, LLC, and TRI-STATE MICHIGAN ASSOCIATES, LLC were defendants, requiring 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, on the 25th day of March, 2014, at the hour of 10 o'clock a.m., or as soon thereafter as is possible, at the Offices of the KOSCIUSKO County Sheriff, 221 W. Main Street, Warsaw, IN 46580, the fee simple of the whole body of the following real estate and personal property located in KOSCIUSKO; ST. JOSEPH; STEUBEN; LAGRANGE; LAPORTE and PORTER Counties, Indiana: LOT NUMBERED THREE (3) IN THE PLAT OF LAKE CITY BUSINESS CENTER, AS RECORDED IN PLAT BOOK 11, PAGE 47, IN THE OFFICE OF THE RECORDER OF KOSCIUSKO COUNTY, INDIANA. TOGETHER WITH BENEFICIAL EASEMENTS SET FORTH IN DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FO LAKE CITY BUSINESS CENTER AS SET OUT IN INSTRUMENT DATED MAY 16, 1997 AND RECORDED JULY 10, 1997, AS INSTRUMENT NO. 97-07-0477 AND THE PLAT OF LAKE CITY BUSINESS CENTER RECORDED IN PLAT BOOK 11, PAGE 47, IN THE OFFICE OF THE RECORDER OF KOSCIUKO [SIC] COUNTY, INDIANA. Real estate commonly known as 3825 Lake City Highway, Warsaw, Indiana 46580 Parcel No. 43-11-14-400-770.000-032 PART OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 38 NORTH, RANGE 9 EAST, LIMA TOWNSHIP, LAGRANGE COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE LAGRANGE COUNTY MONUMENTED NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE SOUTH 1 DEGREE 18 MINUTES 30 SECONDS EAST (BEARING ASSUMED FROM A SURVEY DATED JULY 7, 1974, FOR M. REED TAYLOR, BY RICHARD L. TAYLOR, RLS, STATE OF INDIANA, OF TAYLOR-PALM & ASSOC. SURVEYORS AND ENGINEERS), ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, 1502.05 FEET TO THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF THE INDIANA EAST-WEST TOLL ROAD, SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 1 DEGREE 18 MINUTES 30 SECONDS EAST, ALONG EAST LINE OF SAID NORTHEAST QUARTER, 650.00 FEET; THENCE SOUTH 88 DEGREES 08 MINUTES 00 SECONDS WEST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID TOLL ROAD, 720.50 FEET TO A 5/8 INCH, DOYLECAPPED REBAR; THENCE NORTH 1 DEGREE 18 MINUTES 30 SECONDS WEST, PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER, 650.00 FEET TO A 5/8 INCH, DOYLE-CAPPED REBAR ON THE SOUTH RIGHT OF WAY LINE OF SAID TOLL ROAD; THENCE NORTH 88 DEGREES 08 MINUTES 00 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE, 720.50 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 10.75 ACRES, MORE OR LESS, INCLUDING 0.75 ACRE OF RIGHT OF WAY FOR INDIANA STATE ROAD 9. EXCEPT THEREFROM THAT PART TAKEN BY CONDEMNATION PROCEEDINGS FILED MARCH 17, 2003 IN CAUSE NO. 44C01-0206-PL-9, IN THE LAGRANGE CIRCUIT COURT, AGREED FINDINGS AND JUDGMENT, DESCRIBED AS FOLLOWS: A PART OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 38 NORTH, RANGE 9 EAST, LAGRANGE COUNTY, INDIANA, AND BEING A PART OF THE LAND OF OR FORMERLY OWNED BY FOCUS HOSPITALITY L.L.C. (INSTRUMENT NUMBER 97-09-515, OFFICE OF THE RECORDER) AND BEING THAT PART OF THE OWNER'S LAND LYING WITHIN THE RIGHT-OF-WAY LINES DEPICTED ON THE ATTACHED RIGHT OF WAY PARCEL PLAT OF PARCEL 4, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION DESIGNATED AS POINT "A" ON SAID PLAT; THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS WEST (ASSUMED BEARING) 457.694 METERS (1,501.62 FEET) (1,502.05 FEET INSTRUMENT NO. 97-09-515) ALONG THE EAST LINE OF SAID SECTION, TO THE SOUTH RIGHT-OF-WAY LINE OF THE INDIANA EAST-WEST TOLL ROAD PER CONTRACT NO. C-42-43, 1954; THENCE SOUTH 89 DEGREES 24 MINUTES 26 SECONDS WEST 15.254 METERS (50.05 FEET) ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST BOUNDARY OF STATE ROAD 9 PER PROJECT NO. F-578(1), 1959, AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 0 DEGREES 00 MINUTES 30 SECONDS EAST 88.311 METERS (289.73 FEET) ALONG THE BOUNDARY OF SAID STATE ROAD 9; THENCE SOUTH 0 DEGREES 08 MINUTES 56 SECONDS WEST 109.812 METERS (360.28 FEET) ALONG SAID BOUNDARY TO THE SOUTH LINE OF THE OWNER.S LAND; THENCE SOUTH 89 DEGREES 24 MINUTES 26 SECONDS WEST 14.789 METERS (48.52 FEET) ALONG SAID SOUTH LINE TO POINT "3" DESIGNATED ON SAID PLAT; THENCE NORTH 2 DEGREES 09 MINUTES 19 SECONDS EAST 127.982 METERS (419.89 FEET) TO POINT "2" DESIGNATED ON SAID PLAT; THENCE NORTH 0 DEGREES 00 MINUTES 00 SECONDS EAST 70.279 METERS (230.57 FEET) TO POINT "1" DESIGNATED ON SAID PLAT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID TOLL ROAD; THENCE NORTH 89 DEGREES 24 MINUTES 26 SECONDS EAST 10.248 METERS (33.62 FEET) ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING AND CONTAINING 0.232 HECTARES (0.574 ACRES), MORE OR LESS. TOGETHER WITH AN 80 FEET WIDE INGRESS & EGRESS (ROADWAY) EASEMENT SET FORTH IN USE AND DEVELOPMENT AGREEMENT AND GRANT OF EASEMENT, BETWEEN, M. REED TAYLOR AND FOCUS HOSPITALITY, LLC, RECORDED SEPTEMBER 26, 1997 AS INSTRUMENT NUMBER 97-9-507, OVER THE FOLLOWING DESCRIBED TRACT OF LAND: PART OF THE LAND CONVEYED TO M. REED TAYLOR AS DESCRIBED IN A WARRANTY DEED RECORDED IN DEED INSTRUMENT 76-8-61 IN THE LAGRANGE COUNTY RECORDER'S OFFICE, LAGRANGE, INDIANA, SAID PART DESCRIBED AS FOLLOWS: PART OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 38 NORTH, RANGE 9 EAST, LIMA TOWNSHIP, LAGRANGE COUNTY, INDIANA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE LAGRANGE COUNTY MONUMENTED NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE SOUTH 1 DEGREES 18 MINUTES 30 SECONDS EAST (BEARING ASSUMED FROM A SURVEY DATED JULY 7, 1974, FOR M. REED TAYLOR, BY RICHARD L. TAYLOR, RLS, STATE OF INDIANA, OF TAYLOR-PALM & ASSOC. SURVEYORS AND ENGINEERS), ALONG THE EAST LINE OF SAID NORTHEAST QUARTER 2,152.05 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 1 DEGREE 18 MINUTES 30 SECOND EAST, ALONG EAST LINE OF SAID NORTHEAST QUARTER, 80.01 FEET; THENCE SOUTH 88 DEGREES 08 MINUTES 00 SECONDS WEST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID TOLL ROAD, 720.50 FEET TO A 5/8 INCH, DOYLE-CAPPED REBAR; THENCE NORTH 1 DEGREE 18 MINUTES 30 SECONDS WEST, PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER, 80.01 FEET TO A 5/8 INCH, DOYLE-CAPPED REBAR; THENCE NORTH 88 DEGREES 08 MINUTES 00 SECOND EAST 720.50 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 1.32 ACRES, MORE OR LESS. Real estate commonly known as 45 West 750 North, Howe, Indiana 46746 Parcel No. 44-03-13-200-007.000-012 PART OF THE NORTHWEST QUARTER LYING EAST OF PINE LAKE AVENUE, IN SECTION 26, TOWNSHIP 37 NORTH, RANGE 3 WEST OF THE SECOND PRINCIPAL MERIDIAN, LAPORTE COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AS FOLLOWS: COMMENCING AT A CAST IRON MONUMENT MARKING THE WEST QUARTER CORNER OF SAID SECTION 26; THENCE EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, A DISTANCE OF 105.60 FEET TO THE CENTERLINE OF PINE LAKE AVENUE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE OF PINE LAKE AVENUE ON AN ANGLE OF 98 DEGREES 55 MINUTES TO THE LEFT FROM THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, A DISTANCE OF 199.00 FEET; THENCE NORTHWESTERLY, CONTINUING ALONG SAID CENTERLINE ON AN ANGLE OF 07 DEGREES 00 MINUTES TO THE LEFT OF THE LAST DESCRIBED LINE, A DISTANCE OF 326.50 FEET FOR THE PLACE OF BEGINNING; THENCE NORTH 11 DEGREES 44 MINUTES 00 SECONDS WEST, CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 82.71 FEET; THENCE NORTH 88 DEGREES 42 MINUTES 59 SECONDS EAST, A DISTANCE OF 45.12 FEET; THENCE NORTH 11 DEGREES 53 MINUTES 23 SECONDS WEST, A DISTANCE OF 63.79 FEET TO AN IRON PIN; THENCE SOUTH 82 DEGREES 28 MINUTES 42 SECONDS EAST, A DISTANCE OF 12.00 FEET TO AN IRON PIN; THENCE NORTH 10 DEGREES 53 MINUTES 39 SECONDS EAST, A DISTANCE OF 20.33 FEET TO AN IRON PIN; THENCE NORTH 32 DEGREES 43 MINUTES 18 SECONDS EAST, A DISTANCE OF 32.72 FEET TO AN IRON PIN MARKING THE POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC, A DISTANCE OF 24.36 FEET TO AN IRON PIN MARKING THE POINT OF TANGENCY. THE LONG CHORD OF SAID ARC BEARS NORTH 60 DEGREES 38 MINUTES 10 SECONDS EAST, A DISTANCE OF 23.41 FEET. SAID CURVE ALSO HAS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 55 DEGREES 49 MINUTES 45 SECONDS; THENCE NORTH 88 DEGREES 33 MINUTES 03 SECONDS EAST, A DISTANCE OF 255.33 FEET TO AN IRON PIN MARKING THE POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC, A DISTANCE OF 70.83 FEET TO AN IRON PIN THE LONG CHORD OF SAID ARC BEARS NORTH 86 DEGREES 28 MINUTES 11 SECONDS EAST, A DISTANCE OF 70.82 FEET. SAID CURVE ALSO HAS A RADIUS OF 975.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 09 MINUTES 45 SECONDS; THENCE NORTH 84 DEGREES 23 MINUTES 18 SECONDS EAST, A DISTANCE OF 25.24 FEET TO AN IRON PIN; THENCE SOUTH 01 DEGREES 26 MINUTES 57 SECONDS EAST, A DISTANCE OF 204.40 FEET TO AN IRON PIN; THENCE SOUTH 88 DEGREES 33 MINUTES 03 SECONDS WEST, A DISTANCE OF 425.32 FEET TO THE PLACE OF BEGINNING. EXCEPT THEREFROM THAT PART AS CONTAINED IN A WARRANTY DEED FROM FOCUS HOSPITALITY, LLC, AN INDIANA LIMITED LIABILITY COMPANY, TO THE STATE OF INDIANA, DATED NOVEMBER 8, 1999 AND RECORDED FEBRUARY 17, 2000 AS INSTRUMENT NO. 2000-03596 DESCRIBED AS FOLLOWS: A PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 37 NORTH, RANGE 3 WEST, LAPORTE COUNTY, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT NUMBER 1 IN NORTON'S PARK ADDITION, AN ADDITION TO THE CITY OF LAPORTE, INDIANA, THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 5, PAGE 61, IN THE OFFICE OF THE RECORDER OF LAPORTE COUNTY, INDIANA; THENCE NORTH 88 DEGREES 41 MINUTES 24 SECONDS EAST 24.86 FEET ALONG THE SOUTHERN LINE OF SAID LOT NUMBER 1; THENCE SOUTH 11 DEGREES 32 MINUTES 50 SECONDS EAST, 83.11 FEET TO THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN DEED RECORD 96-16497; THENCE SOUTH 88 DEGREES 53 MINUTES 36 SECONDS WEST 46.33 FEET ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF SAID TRACT AND THE CENTERLINE OF U.S.R. 35 (ALSO KNOWN AS PINE LAKE AVENUE); THENCE NORTH 10 DEGREES 44 MINUTES 24 SECONDS WEST 82.74 FEET ALONG SAID CENTERLINE TO THE NORTHWEST CORNER OF SAID TRACT AND THE PROLONGED SOUTH LINE OF SAID LOT NUMBER 1; THENCE NORTH 88 DEGREES 41 MINUTES 24 SECONDS EAST 20.26 FEET ALONG SAID LINE PROLONGED TO THE POINT OF BEGINNING AND CONTAINING 0.086 ACRES, MORE OR LESS. THE PORTION OF THE ABOVE DESCRIBED REAL ESTATE WHICH IS NOT ALREADY EMBRACED WITHIN PUBLIC RIGHTS OF WAY CONTAINS 0.048 ACRES, MORE OR LESS. THE ABOVE PARCELS BEING ALSO DESCRIBED AS FOLLOWS: PART OF THE NORTHWEST QUARTER LYING EAST OF PINE LAKE AVENUE, IN SECTION 26, TOWNSHIP 37 NORTH, RANGE 3 WEST OF THE SECOND PRINCIPAL MERIDIAN, LAPORTE COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CAST IRON MONUMENT MARKING THE WEST QUARTER CORNER OF SAID SECTION 26; THENCE EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, A DISTANCE OF 105.60 FEET TO THE CENTERLINE OF PINE LAKE AVENUE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE OF PINE LAKE AVENUE ON AN ANGLE OF 98 DEGREES 55 MINUTES TO THE LEFT FROM THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, A DISTANCE OF 199.00 FEET; THENCE NORTHWESTERLY CONTINUING ALONG SAID CENTERLINE ON AN ANGLE OF 07 DEGREES 00 MINUTES TO THE LEFT OF THE LAST DESCRIBED LINE, A DISTANCE OF 326.50 FEET; THENCE NORTH 11 DEGREES 44 MINUTES 00 SECONDS WEST CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 82.71 FEET; THENCE NORTH 88 DEGREES 42 MINUTES 59 SECONDS EAST, A DISTANCE OF 45.12 FEET TO THE EAST LINE OF AN EXISTING 0.048 ACRE TRACT TO THE PLACE OF BEGINNING; THENCE NORTH 11 DEGREES 53 MINUTES 23 SECONDS WEST, A DISTANCE OF 63.79 FEET TO AN IRON PIN; THENCE SOUTH 82 DEGREES 28 MINUTES 42 SECONDS EAST, A DISTANCE OF 12.00 FEET TO AN IRON PIN; THENCE NORTH 10 DEGREES 53 MINUTES 39 SECONDS EAST, A DISTANCE OF 20.33 FEET TO AN IRON PIN; THENCE NORTH 32 DEGREES 43 MINUTES 18 SECONDS EAST, A DISTANCE OF 32.72 FEET TO AN IRON PIN MARKING THE POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY, ALONG SAID CURVE, AN ARC, A DISTANCE OF 24.36 FEET TO AN IRON PIN MARKING THE POINT OF TANGENCY. THE LONG CHORD OF SAID ARC BEARS NORTH 60 DEGREES 38 MINUTES 10 SECONDS EAST, A DISTANCE OF 23.41 FEET. SAID CURVE ALSO HAS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 55 DEGREES 49 MINUTES 45 SECONDS; THENCE NORTH 88 DEGREES 33 MINUTES 03 SECONDS EAST, A DISTANCE OF 255.33 FEET TO AN IRON PIN MARKING THE POINT OF CURVATURE OF CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC, A DISTANCE OF 70.83 FEET TO AN IRON PIN THE LONG CHORD OF SAID ARC BEARS NORTH 86 DEGREES 28 MINUTES 11 SECONDS EAST, A DISTANCE OF 70.82 FEET. SAID CURVE ALSO HAS A RADIUS OF 975.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 09 MINUTES 45 SECONDS; THENCE NORTH 84 DEGREES 23 MINUTES 18 SECONDS EAST, A DISTANCE OF 25.24 FEET TO AN IRON PIN; THENCE SOUTH 01 DEGREES 26 MINUTES 57 SECONDS EAST, A DISTANCE OF 204.40 FEET TO AN IRON PIN; THENCE SOUTH 88 DEGREES 33 MINUTES 03 SECONDS WEST, A DISTANCE OF 379.00 FEET TO THE EAST LINE OF SAID EXISTING 0.048 ACRE TRACT; THENCE NORTH 12 DEGREES 34 MINUTES 24 SECONDS WEST, A DISTANCE OF 82.80 FEET ALONG SAID EAST LINE TO THE PLACE OF BEGINNING. Real estate commonly known as 100 East Shore Court, LaPorte, Indiana 46350 Parcel Nos. 46-06-26-153-010.000-043; 46-06-26-153-011.000-043; 46-06-26-153-012.000-043; 46-06-26-153-029.000-043 PARCEL 1: PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 36 NORTH, RANGE 7 WEST OF THE SECOND PRINCIPAL MERIDIAN, IN THE CITY OF PORTAGE, IN PORTER COUNTY, INDIANA, LYING EAST OF THE RIGHT-OF-WAY OF WILLOWCREEK ROAD (AS SHOWN IN DEED RECORD 266, PAGE 69, PORTER COUNTY RECORD), AND WEST AND SOUTH OF THE RIGHT-OF-WAY OF PROJECT ITD-23-80(01) OF THE INDIANA EAST- WEST TOLL ROAD (AS SHOWN IN DEED RECORD 352, PAGE 111, PORTER COUNTY RECORD), AND FURTHER DESCRIBED AS REFERENCED TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER, SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 04 MINUTES 01 SECONDS EAST, 52.67 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, SOUTHWEST QUARTER, TO THE POINT OF BEGINNING, WHICH POINT LIES ON THE EAST RIGHT-OF-WAY LINE OF WILLOWCREEK ROAD; THENCE CONTINUING NORTH 89 DEGREES 04 MINUTES 01 SECONDS EAST 289.00 FEET, ALONG SAID SOUTH LINE OF THE NORTHWEST QUARTER, SOUTHWEST QUARTER; THENCE NORTH 01 DEGREES 00 MINUTES 26 SECONDS WEST 298.81 FEET, ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, SOUTHWEST QUARTER, TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID TOLL ROAD; THENCE NORTH 61 DEGREES 24 MINUTES 01 SECONDS WEST 72.75 FEET, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE; THENCE NORTHWESTERLY 67.57 FEET, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, ON AN ARC TO THE LEFT WHOSE RADIUS IS 305.00 FEET AND WHOSE LONG CHORD BEARS NORTH 84 DEGREES 39 MINUTES 37 SECONDS WEST, 67.44 FEET; THENCE NORTH 84 DEGREES 32 MINUTES 18 SECONDS WEST 26.55 FEET, ALONG SAID SOUTHWESTERLY R1GHT-OF-WAY LINE, TO THE EAST RIGHT-OF-WAY LINE OF WILLOWCREEK ROAD; THENCE SOUTH 01 DEGREES 00 MINUTES 26 SECONDS EAST 55.00 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE; THENCE SOUTH 89 DEGREES 04 MINUTES 01 SECONDS WEST 115.00 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE; THENCE SOUTH 02 DEGREES 48 MINUTES 26 SECONDS WEST 260.56 FEET TO THE POINT OF BEGINNING. PARCEL 2: PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 36 NORTH, RANGE 7 WEST OF THE SECOND PRINCIPAL MERIDIAN, IN THE CITY OF PORTAGE, IN PORTER COUNTY, INDIANA, LYING EAST OF THE RIGHT-OF-WAY OF WILLOWCREEK ROAD (AS SHOWN IN DEED RECORD 332, PAGE 484, AND CORRECTED BY DEED RECORD 335, PAGE 577, PORTER COUNTY RECORD), AND FURTHER DESCRIBED AS REFERENCED TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER, SOUTHWEST QUARTER; THENCE NORTH 83 DEGREES 04 MINUTES 01 SECONDS EAST 52.67 FEET, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, SOUTHWEST QUARTER TO A POINT ON SAID EAST RIGHT-OF-WAY LINE, WHICH POINT IS THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 04 MINUTES 01 SECONDS EAST 289.00 FEET, ALONG SAID NORTH LINE; THENCE SOUTH 01 DEGREES 00 MINUTES 26 SECONDS EAST 7.50 FEET, ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, SOUTHWEST QUARTER, TO THE NORTH LINE OF DAMADA VILLAGE APARTMENTS (AS SHOWN IN MORTGAGE RECORD 410, PAGE 594, PORTER COUNTY RECORD); THENCE SOUTH 89 DEGREES 04 MINUTES 01 SECONDS WEST 11.67 FEET TO THE NORTHWEST CORNER OF SAID DAMADA VILLAGE APARTMENTS; THENCE SOUTH 01 DEGREES 00 MINUTES 26 SECONDS EAST 32.50 FEET TO THE SOUTH LINE OF THE NORTH 40 FEET OF SAID SOUTHWEST QUARTER, SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 04 MINUTES 01 SECONDS WEST 280.00 FEET, ALONG SAID SOUTH LINE, TO SAID EAST RIGHT-OF-WAY LINE; THENCE NORTH 02 DEGREES 48 MINUTES 26 SECONDS EAST 40.09 FEET TO THE POINT OF BEGINNING. ARCEL 3: BENEFICIAL EASEMENTS SET FORTH IN DEVELOPMENT AND EASEMENT AGREEMENT BETWEEN FOCUS HOSPITALITY, LLC; PETER J. TSIKOURIS AND DIANE L. TSIKOURIS, HUSBAND AND WIFE; AND DANIEL J. ROSZKOWSKI AS SET OUT IN INSTRUMENT DATED NOVEMBER 5, 1998 AND RECORDED NOVEMBER 30, 1998, DEED RECORD 495, PAGE 569. Real estate commonly known as 2323 Willowcreek Road, Portage, Indiana 46368 Parcel Nos. 64-05-12-302-001.000-016; 64-05-12-351-001.000-016 PARCEL I: PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF MISHAWAKA, INDIANA. A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF MISHAWAKA, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 0 DEGREES 03 MINUTES 19 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1030.84 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 41. SECONDS WEST, A DISTANCE OF 42.74 FEET TO THE WEST-RIGHT-OF-WAY LINE OF MAIN STREET ALSO BEING THE PLACE OF BEGINNINGS THENCE NORTH 89 DEGREES 54 MINUTES 11 SECONDS WEST, A DISTANCE OF 400.00 FEET; THENCE SOUTH 0 DEGREES 05 MINUTES 49 SECONDS WEST, A DISTANCE OF 282.29 FEET TO THE NORTH RIGHT-OF-WAY LINE OF UNIVERSITY DRIVE ALSO BEING A POINT ON A NON-TANGENT CURVE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE ALSO BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 994.93 FEET AND A CENTRAL ANGLE OF 14 DEGREES 18 MINUTES 18 SECONDS AND LIMITED IN LENGTH BY A CHORD WHICH BEARS NORTH 82 DEGREES 44 MINUTES 16 SECONDS EAST, A DISTANCE OF 247.76 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 27 SECONDS EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 154.28 FEET TO THE WEST RIGHT-OF-WAY LINE OF MAIN STREET; THENCE NORTH 0 DEGREES 05 MINUTES 49 SECONDS EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 250.00 FEET TO THE PLACE OF BEGINNING. PARCEL II: NON-EXCLUSIVE BENEFICIAL EASEMENT SET FORTH IN DEDICATION OF PERMANENT EASEMENT BY AND BETWEEN MEMORIAL HOSPITAL OF SOUTH BEND, INC., AN INDIANA NOT-FOR-PROFIT CORPORATION, AND MISHAWAKA HOTEL LLC, RECORDED FEBRUARY 1, 1995 AS DOCUMENT NUMBER 9503459, AND AMENDED BY A FIRST AMENDED TO DEDICATION OF PERMANENT EASEMENT RECORDED MARCH 16, 1995 AS DOCUMENT NUMBER 9507121, AND RE-RECORDED ON MARCH 16, 1995 AS DOCUMENT NUMBER 9507145, ALL RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. Real estate commonly known as 120 West University Drive, Mishawaka, Indiana 46545 Parcel No. 71-04-28-226-004.000-005 A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF MISHAWAKA, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 00 DEGREES 03 MINUTES 19 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1030.84 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 11 SECONDS WEST, A DISTANCE OF 442.74 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 49 SECONDS WEST, A DISTANCE OF 282.29 FEET TO THE NORTH RIGHT-OF WAY LINE TO UNIVERSITY DRIVE; THENCE ALONG A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 994.93 FEET AND A CENTRAL ANGLE OF 7 DEGREES 33 MINUTES 18 SECONDS AND LIMITED IN LENGTH BY A CHORD WHICH BEARS SOUTH 71 DEGREES 48 MINUTES 28 SECONDS WEST, A DISTANCE OF 131.10 FEET TO THE PLACE OF BEGINNING, THENCE CONTINUING ALONG SAID CURVE TO THE LEFT, ALONG SAID NORTH RIGHT-OF-WAY LINE OF UNIVERSITY DRIVE, HAVING A RADIUS OF 994.93 FEET AND A CENTRAL ANGLE OF 8 DEGREES 08 MINUTES 23 SECONDS AND LIMITED IN LENGTH BY A CHORD WHICH BEARS SOUTH 63 DEGREES 57 MINUTES 37 SECONDS WEST, A DISTANCE OF 141.22 FEET; THENCE SOUTH 59 DEGREES 53 MINUTES 27 SECONDS WEST, A DISTANCE OF 105.76 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 914.93 FEET AND A CENTRAL ANGLE OF 29 DEGREES 50 MINUTES 42 SECONDS AND LIMITED IN LENGTH BY A CHORD WHICH BEARS SOUTH 74 DEGREES 48 MINUTES 50 SECONDS WEST, A DISTANCE OF 471.21 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 11 SECONDS WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1.28 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 49 SECONDS WEST, A DISTANCE OF 50.04 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 11 SECONDS WEST, A DISTANCE OF 19.30 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 49 SECONDS WEST, A DISTANCE OF 160.00 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 11 SECONDS WEST, A DISTANCE OF 5.00 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 49 SECONDS WEST, A DISTANCE OF 28.89 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 24 SECONDS EAST, A DISTANCE OF 699.82 FEET TO THE PLACE OF BEGINNING, SAID IN PREVIOUS DEEDS TO CONTAIN 2.44 ACRES, MORE OR LESS. Real estate commonly known as 420 West University Drive, Mishawaka, Indiana 46545 Parcel No. 71-04-28-226-002.000-005 LOT D IN THE AMENDED PLAT OF VALLEY CROSSING, PHASE I, IN THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 38 NORTH, RANGE 13 EAST, JAMESTOWN TOWNSHIP, ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN DEED RECORD 94-08-0344, IN THE OFFICE OF THE RECORDER OF STEUBEN COUNTY, INDIANA, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT E IN SAID AMENDED PLAT; THENCE NORTH 69 DEGREES 10 MINUTES 55 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT E, 138.19 FEET TO THE P.C. OF A CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 529.68 FEET, AN ARC LENGTH OF 70.95 FEET, AND A CHORD BEARING SOUTH 73 DEGREES 01 MINUTES 09 SECONDS WEST 70.89 FEET TO AN IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID LOT E; THENCE SOUTH 06 DEGREES 56 MINUTES 05 SECONDS WEST 228.01 FEET TO AN IRON ROD SET; BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 29 DEGREES 55 MINUTES 08 SECONDS WEST 136.07 FEET TO AN IRON ROD FOUND; THENCE SOUTH 01 DEGREES 18 MINUTES 47 SECONDS WEST 147.06 FEET TO AN IRON ROD FOUND; THENCE SOUTH 12 DEGREES 18 MINUTES 14 SECONDS EAST 137.45 FEET TO AN IRON ROD SET; THENCE SOUTH 46 DEGREES 35 MINUTES 36 SECONDS EAST 178.48 FEET TO AN IRON ROD SET; THENCE SOUTH 46 DEGREES 01 MINUTES 00 SECONDS EAST 139.05 FEET TO AN IRON ROD SET; THENCE SOUTH 72 DEGREES 46 MINUTES 17 SECONDS EAST 122.58 FEET (RECORDED AS SOUTH 72 DEGREES 58 MINUTES 57 SECONDS EAST 121.99 FEET) TO AN IRON ROD FOUND IN THE WESTERLY RIGHT-OF-WAY OF OLD U.S. HIGHWAY #27; THENCE NORTH 12 DEGREES 38 MINUTES 51 SECONDS WEST ALONG SAID RIGHT-OF-WAY 211.33 FEET (RECORDED AS NORTH 12 DEGREES 34 MINUTES 05 SECONDS WEST 210.64 FEET); THENCE NORTH 10 DEGREES 25 MINUTES 37 SECONDS WEST ALONG SAID RIGHT-OF-WAY 267.52 FEET TO THE P.C. OF A CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 673.53 FEET, AN ARC LENGTH OF 63.00 FEET, AND A CHORD BEARING NORTH 09 DEGREES 50 MINUTES 14 SECONDS WEST 62.98 FEET TO AN IRON ROD FOUND; THENCE NORTH 58 DEGREES 14 MINUTES 48 SECONDS WEST 234.51 FEET BACK TO THE POINT OF BEGINNING AND CONTAINING 3.252 ACRES, MORE OR LESS. ALSO: A PORTION OF LOT E IN THE AMENDED PLAT OF VALLEY CROSSING, PHASE I, IN THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 38 NORTH, RANGE 13 EAST, JAMESTOWN TOWNSHIP, ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN DEED RECORD 94-08-0344, IN THE OFFICE OF THE RECORDER OF STEUBEN COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT E IN SAID AMENDED PLAT; THENCE NORTH 69 DEGREES 10 MINUTES 55 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT E, 138.19 FEET TO THE P.C. OF A CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 529.68 FEET, AN ARC LENGTH OF 70.95 FEET, AND A CHORD BEARING SOUTH 73 DEGREES 01 MINUTES 09 SECONDS EAST 70.89 FEET TO AN IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID LOT E; THENCE SOUTH 06 DEGREES 56 MINUTES 05 SECONDS WEST 228.01 FEET TO AN IRON ROD SET; BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 58 DEGREES 14 MINUTES 48 SECONDS EAST 234.51 FEET TO AN IRON ROD FOUND ON THE WESTERLY RIGHT-OF-WAY LINE OF OLD U.S. #27; THENCE 68.32 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE THROUGH A CURVE TO THE RIGHT WHOSE RADIUS IS 662.95 FEET, AND WHOSE CHORD BEARS NORTH 04 DEGREES 08 MINUTES 47 SECONDS WEST 68.29 FEET TO A 5/8 INCH CAPPED REBAR SET THIS SURVEY; THENCE SOUTH 88 DEGREES 47 MINUTES 09 SECONDS WEST 64.73 FEET TO A 5/8 INCH CAPPED REBAR SET THIS SURVEY; THENCE NORTH 35 DEGREES 05 MINUTES 47 SECONDS WEST 77.69 FEET TO A 5/8 INCH CAPPED REBAR SET THIS SURVEY; THENCE NORTH 83 DEGREES 13 MINUTES 53 SECONDS WEST 83.62 FEET TO A 5/8 INCH CAPPED REBAR SET THIS SURVEY ON THE WESTERLY LINE OF SAID LOT E; THENCE SOUTH 06 DEGREES 56 MINUTES 05 SECONDS WEST 16.86 FEET BACK TO THE POINT OF BEGINNING, CONTAINING 0.186 ACRES. ALSO: A 26 FOOT ROAD EASEMENT SET FORTH IN THE PLAT OF VALLEY CROSSING RECORDED AS PLAT BOOK VOL. 5, PAGES 69-69A AND AMENDED PLAT IN DOCUMENT NO. 94-08-0344, AND LAST LYING 13 FEET TO EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF LOT E IN SAID AMENDED PLAT; THENCE NORTH 69 DEGREES 10 MINUTES 55 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT E, 138.19 FEET TO THE TRUE POINT OF BEGINNING OF THIS CENTERLINE; THENCE SOUTH 06 DEGREES 56 MINUTES 05 SECONDS WEST 247.96 FEET TO THE TERMINUS OF SAID CENTERLINE. Real estate commonly known as 6245 North Old 27, Fremont, Indiana 46737 Parcel Nos. 76-03-23-340-104.000-006; 76-03-23-340-104.020-006 Together with all improvements, easements, fixtures, personal property, insurance proceeds, condemnation awards, tax refunds, rebates and credits, rights, agreement, intangibles, accounts and all other rights of TRI-STATE INDIANA ASSOCIATES, LLC located on or used in connection with any of the above pieces of Real Estate. Together with rents, issues, income, and profits thereof, said sale will be made without relief from valuation or appraisement laws. W. R. Goshert, Sheriff Sheriff of KOSCIUSKO County, Indiana R. Brock Jordan Attorneys for Plaintiff RUBIN & LEVIN, P.C. 342 Massachusetts Avenue, Ste. 500 Indianapolis, IN 46204-2161 (317) 634-0300 / FAX No. (317) 453-8626 45 West 750 North, Howe, IN 46746 February 6, 2014 Sheriff File No._________ 3825 Lake City Highway, Warsaw, IN 46580 100 E. Shore Court, LaPorte, IN 46350 2323 Willowcreek Road, Portage, IN 46368 120 West University Drive, Mishawaka, IN 46545 420 West University Drive, Mishawaka, IN 46545 6245 North Old 27, Fremont, IN 46737 PLEASE SERVE: Tri-State Indiana Associates, LLC c/o David A. Foster FAEGRE BAKER DANIELS, LLC 600 E. 96th Street, Suite 600 Indianapolis, IN 46240 The Sheriff's Department does not warrant the accuracy of the street address published herein. Type of Service Certified Mail NOTICE: RUBIN & LEVIN, P.C. IS A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This document was prepared by R. Brock Jordan, Rubin & Levin, P.C., 342 Massachusetts Avenue, Suite 500, Indianapolis, Indiana, 46204-2161; 317/634-0300 2-18,25, 3-4 hspaxlp
