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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 the Superior Court of Kosciusko County, Indiana, in Cause No. 43C01-0907-MF-400 wherein Bank of America, N.A., as successor by merger to LaSalle Bank National Association, in its capacity as Trustee ("Trustee") for the Registered Holders of LB-UBS Commercial Mortgage Trust 2005-C7, Commercial Mortgage Pass-Through Certificates, Series 2005-C7 ("Trust") acting by and through its Special Servicer, Midland Loan Services, Inc. ("Midland") was Plaintiff, and Turtle Bay Estates, LLC, Richard J. Klarchek and the State of Indiana 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 22nd day of June, 2010, at the hour of 10:00 a.m., at the Sheriff Dept., 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 Part of the Northeast Quarter (NE 1/4) of Section 8, Township 34 North, Range 7 East, situated in the Town of Syracuse, Turkey Creek Township, Kosciusko County, State of Indiana, and being more particularly described as follows: Assuming the West line of the Northeast Quarter (NE 1/4) of said Section 8 to have a bearing of due North and South: Beginning at a nail in the pavement of Lingofelter Road on the West line of the Northeast Quarter (NE 1/4) of said Section 8, said point being due South a distance of 450.77 feet from a cross in the pavement of said Lingofelter Road marking the Northwest comer of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of said Section 8, thence due North along the West line of the Northeast Quarter (NE 1/4) of said Section 8 a distance of 450.767 feet to the Northwest comer of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of said Section 8; thence North 89 degrees 46 minutes East a distance of 20 feet; thence North 2 degrees 38 minutes 30 seconds West, a distance of 810.18 feet to an iron stake on the South line of the Baltimore and Ohio Railroad 100 foot wide right-of-way; thence South 81 degrees 01 minutes 30 seconds East along said right-of-way line a distance of 1,132.1 feet; thence due South a distance of 15 feet more or less to a point historically described as "the low water line of Lake Wawasee" (actually a body of water North of Lake Wawasee providing access to Lake Wawasee and Syracuse Lake); thence Southwestwardly along the edge of said body of water to a point that is South 62 degrees 20 minutes 30 seconds East of the place of beginning of this description; thence North 62 degrees 20 minutes 30 seconds West a distance of 326 feet more or less to the place of beginning of this description. Described according to the Survey made by Larry R. Long, RLS No. S0458, dated September 27, 2005, and last revised 2005, for Job No. 050095.00, as follows: A tract of land located in the northeast quarter of section 8, township 34 north, range 7 east; Turkey Creek Township, Kosciusko County, Indiana containing 21.5 acres, more or less, more particularly described as follows: BEGINNING AT A RAILROAD SPIKE IN HARKLESS DRIVE (FORMERLY LINGOFELtER ROAD) ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID POINT BEING SOUTH 00° 00' 00" WEST, 450.77 FEET FROM A MAG NAIL MARKING THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 00° 00' 00" EAST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8,450.77 FEET TO A MAG NAIL AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 89° 46' 00" EAST, 20,00 FEET TO A MAG NAIL; THENCE NORTH 02° 38' 51" WEST, 810.27 FEET (NORTH 02° 38' 20" WEST, 810.18' RECORDED) TO AN IRON PIPE ON THE SOUTH LINE OF A RAILROAD 100 FOOT WIDE RlGHT-OF-WAY (FORMERLY THE BALTIMORE AND OHIO RAILROAD); THENCE SOUTH 81° 01' 30" EAST, ALONG SAID RIGHT·OF·WAY LINE, 1132.10 FEET TO AN IRON BAR; THENCE SOUTH 00° 00' 00" EAST, 15 FEET, MORE OR LESS, TO THE SHORELINE OF LAKE WAWASEE; THENCE SOUTHWESTERLY, ALONG SAID SHORELINE, 1539.2 FEET, MORE OR LESS, TO A POINT THAT IS SOUTH 62° 20' 30" EAST OF THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 62° 20' 30" WEST, 326 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Tax ID No. 43-04-08-100-149.000-028 Key #8-29-250 Parcel #08-7200005-33 Together with rents, issues, income, and profits thereof, said sale will be made without relief from valuation or appraisement laws. W. R. Goshert, Sheriff Of Kosciusko County Lisa D. Updike Alan K. Mills (#10116-49) BARNES & THORNBURG LLP 11 South Meridian Street Indianapolis, Indiana 46204 Telephone: (317) 236-1313 Facsimile: (317) 231-7433 E-Mail: alan.mills@btlaw.com Lisa D. Updike (#26625-49) BARNES & THORNBURG LLP 600 One Summit Square Fort Wayne, Indiana 46802 Telephone: (260) 423-9440 Facsimile: (260) 424-8316 E-mail: lisa.update@btlaw.com Turkey Creek Township 400 Harkless Drive, Syracuse, IN 46567 Street Address The Sheriff's Department does not warrant the accuracy of the street address published herein. m15,22,29
