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NOTICE OF SHERIFF SALE - MF-58 - PRATER

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SHERIFF'S NOTICE OF 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 Circuit Court of Kosciusko County, Indiana, in Cause No. 43C01-1002-MF-58 where First Merchants Bank, N.A. was Plaintiff, and Tara Prater, as Personal Representative of the Estate of Joseph Prater, and Beneficial Indiana, Inc. 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 28th day of September, 2010, at the hour of 10:00 a.m. or as soon thereafter as is possible, at 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 TRACT I: A tract of land located in the north west quarter of section nine (9), township thirty-one (31) north, range seven (7) east, Monroe Township, Kosciusko County, Indiana) more fully described as follows: Beginning at the northwest corner of the northeast quarter of said section; thence south, (on and along the west line of said quarter section) eight hundred thirty-six point seventy-four (836.74) feet to an iron pin; thence N 87°55' E, two hundred two point fourteen (202.14) feet to an iron pin; thence North, eight hundred thirty-Six point seventy-four (836.74) feet to an iron pin on the North line of said quarter section; thence 87°55' W, (on and along the North line of said quarter Section) two hundred two point fourteen (202.14) feet to the point of beginning. Contains three point eighty-eight (3.88) acres more or less. TRACT II: A tract of land in the West Half of the Northeast quarter of Section 9, Township 31 North, Range 7 East: more accurately described as follows: Commencing at a bolt found at the northwest Comer of said Northeast Quarter; thence South 00 degrees 1 minutes 25 seconds East, on and along the west line of said Northeast Quarter, a distance of 836. 74 feet to the Southwest corner of a certain tract of land as recorded in Document #9704-1419 of the records of Kosciusko County, Indiana, said southwest corner being the true point of beginning, being a point situated 1.0 feet West of an iron pipe found; thence continuing South 00 degrees 12 minutes 25 seconds East, on and along said west line, a distance of 1851.41 feet to a rail post found at the Southwest comer of said Northeast quarter; thence North 87 degrees 00 minutes 20 seconds East, on and along the south line of said Northeast Quarter, a distance of 1305.28 feet to a rail post found at the southeast corner of the West Half of said Northeast Quarter; thence North 00 degrees 26 minutes 30 seconds East (adjoiners deed bearing and used as the basis for bearings), On and along the east line of said west half, a distance of 1981.03 feet to the southeast comer of a certain tract of land recorded in Deed Record 272, page 33 of the records of Kosciusko County, Indiana, being a point situated 2.6 feet East of an iron pipe found; thence North 89 degrees 16 minutes 20 seconds West, on and along the south line of said tract in Deed Record 272, page 33, a distance of 511.74 feet (recorded 509.4 feet) to an iron pipe found at the southwest comer of said tract in Deed Record 272, page 33, also being the northeast corner of a certain tract recorded in Deed Record 291, page 61 of said records; thence South 00 degrees 27 minutes west on and along the east line of said tract in Deed record 291, page 61, a distance of 176.31 feet to an iron pipe found at the southeast corner of said tract; thence south 87 degrees 37 minutes 37 seconds West, on and along the south line of said tract in Deed Record 291, page 61, a distance of 610.18 feet (recorded 610.5 feet) to an iron pipe found at the southwest corner of said tract in Deed Record 291, page 61, also being the southeast comer of a certain tract in Document #9704-1419 of said tract in Document #9704-1419, a distance of 202.93 feet (recorded 202.14) to the true point of beginning. TOGETHER with an easement 30 feet in width for ingress and egress from County Road 500 South to the north line of the above described tract, said easement being the west 30 feet of the certain tract of land recorded in Deed Record 291, page 61, of the records of Kosciusko County, Indiana. EXCEPT THEREFROM: Part of the West half of the Northeast quarter of Section 9, Township 31 north, range 7 east, Kosciusko County, Indiana, more particularly described as follows, to wit: Commencing at a bolt found at the Northwest comer of said Northeast Quarter; thence S00º12'25"E (deed bearing and used as the basis of bearings for this description), on and along the West line of said Northeast Quarter, a distance of 836.74 feet to the Southwest comer of a certain tract of land recorded as Tract 1 in Document Number 200500014426 of the records of Kosciusko County, Indiana, said Southwest comer being situated 1.0 foot West of an iron pin found; thence continuing S00º12'25"E, on and along said West line, a distance of 659.51 feet to the East face of a wood post found at the true point of beginning; thence continuing S00º12'25"E, on and along said West line, a distance of 1191.90 feet to a rail post found at the Southwest corner of said Northeast Quarter; thence N87°00'20"E, on and along the South line of said Northeast Quarter, a distance of 1305.28 feet to a rail post found at the Southeast comer of the West half of said Northeast Quarter; thence N00º26'30"E, on and along the East line of said West half, a distance of 766.78 feet to a 5/8 inch iron pin capped "Walker"; thence S87°00'20"W, a distance of 1110.01 feet to a 5/8 inch iron pin capped "Walker"; thence N00º15'24"W, a distance of 425.58 feet to a 5/8 inch iron pin capped "Walker"; thence S87°00'20"W, a distance of 203.59 feet to the true point of beginning, containing 25.000 acres of land, more or less. LEAVING after said exception 31.43 acres, more or less, all commonly known as 4517 E 500 S, Warsaw, IN 46580-8618. 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, Indiana Service Directed To: Tara Prater, as Personal Representative of the Estate of Joseph Prater 4517 E 500 S, Warsaw, IN 46580 Torrey J. Bauer, Esq 116 N. Buffalo Street Warsaw, IN 46580 TIEDE METZ & DOWNS, P.C. 99 West Canal Street Wabash, Indiana 46992 Attorneys for Plaintiff NOTICE: Tiede Metz & Downs, P.C. is a debt collector. This is an attempt to colelct a debt, and any information obtained will be used for that purpose. a16,23,30