SUMMONS STATE OF INDIANA SS KOSCIUSKO COUNTY LAWRENCE P. PRAST, ET AL., Plaintiffs vs. KENNETH A. HOOK AND SONYA R. HOOK, ET AL., and ALL OTHER PEOPLE, BUSINESSES, UNINCORPORATED ASSOCIATES, CORPORATIONS, LEGAL ENTITIES, CITIES, TOWNS AND POLITICAL SUBDIVISIONS CLAIMING AN INTEREST IN THE HEREIN DESCRIBED REAL ESTATE, Defendants IN THE KOSCIUSKO CIRCUIT COURT CAUSE NO. 43C01-1108-MF-181 TO: All People, Businesses, Unincorporated Associations, Corporations, Legal Entities, Cities, Towns and Political Subdivisions Claiming an Interest in the Herein Described Real Estate The unnamed Defendants have been sued by the Plaintiffs in the Court identified above. Additional Plaintiffs and Defendants are shown in the Complaint which is on file with the Clerk of the Kosciusko Circuit Court, 121 North Lake Street, Warsaw, Indiana 46580. Some of the parties who may claim an interest in the below described real estate are unknown and such parties' whereabouts are unknown. The nature of the suit is on a Promissory Note wherein Ken Hook's Lincoln Mercury, Inc. and Kenneth A. Hook, Defendants, are the makers of said Promissory Note. The nature of the suit additionally is to foreclose Mortgages on the real estate described below. The Unnamed Defendants herein may claim an interest in the real estate described below. The first parcel of real estate subject to this foreclosure action is commonly known as 770 South Dixie Drive, North Webster, Indiana 46555; and is more particularly described as real estate situate in Kosciusko County, Indiana, to-wit: A tract of land in the Northwest Quarter of Section 14, and the Northeast Quarter of Section 15, Township 33 North, Range 7 East, in Kosciusko County, Indiana, more accurately described as follows: Beginning at a railroad spike at the East Quarter post of Section 15; thence West along the East and West open line of Section 15, 204.42 feet to a spike; thence Northwesterly along the East right-of-way of Indiana State Highway Number 13, 77.00 feet, more or less, to the water's edge of the Tippecanoe River; thence Northeasterly along the meandering of said water's edge, 620 feet, more or less, to a P.K. nail on the South end of a bridge also being on the centerline of a 40 foot public road; thence South 38 degrees 52 minutes East along said centerline, 363.22 feet to a P.K. nail; thence South 27 degrees 22 minutes West along the centerline of a 40 foot public road, 88.22 feet to a P.K. nail on the East and West open line of Section 14; thence West along said East and West open line, 415.22 feet to the Place of Beginning. The second parcel of real estate subject to this foreclosure action is commonly known as 459 East Nelson Drive, Milford, Indiana 46542; and is more particularly described as real estate situate in Kosciusko County, Indiana, to-wit: Part of the Southwest Quarter of Section 16, Township 34 North, Range 6 East, Kosciusko County, Indiana; more particularly described as follows, to-wit: Commencing at the Northeast corner of said Southwest Quarter; thence South, on and along the East line of said Southwest Quarter, a deeded distance of 1077 feet; thence South 77 degrees 18 minutes West, a deeded distance of 351.3 feet to a point on the water's edge of Wabee Lake, said point being at the true Point of Beginning; thence South 70 degrees 51 minutes 17 seconds West (recorded Westerly), on and along said water's edge, a distance of 31.0 feet to an iron pin at the Southeast corner of a certain tract of land as recorded in Deed Record 340, page 325, in the records of Kosciusko County, Indiana; thence North 09 degrees 15 minutes West (deed bearing), on and along the East line of said tract of land in Deed Record 340, page 325, a distance of 139.9 feet to an iron pin found at the Northeast comer of said tract of land in Deed Record 340, page 325; thence South 72 degrees 27 minutes West, on and along the North line of said tract of land in Deed Record 340, page 325, and on and along the North line of a certain tract of land as recorded in Deed Record 289, page 549, in said records, and on and along the North line of a certain tract of land as recorded in Document Number 96-07-0097, in said records, a distance of 433.5 feet to an iron pipe found at the Northwest corner of said tract of land in Document Number 96-07-0097, said iron pipe being on the East line of a certain tract of land as recorded in Document Number 97-05-1349, in said records; thence North 07 degrees 36 minutes West, on and along said East line, a distance of 45.0 feet to an iron pipe found at the Northeast corner of said tract of land in Document Number 97-05-1349; thence North 70 degrees 49 minutes 33 seconds West, on and along the North line of said tract of land in Document Number 97-05-1349, and on and along a North line of a certain tract of land as recorded in Deed Record 314, page 593, in said records, a distance of 226.63 feet (recorded 227) to an iron pin at a Northwest comer of said tract of land in Deed Record 314, page 593, said iron pin being on the East line of a certain tract of land as recorded in Deed Record 219, page 597, in said records; thence North 00 degrees 31 minutes 40 seconds East (recorded North), on and along said East line, a distance of 610.8 feet to a point on the centerline of an open ditch, said point being situated North 00 degrees 31 minutes 40 seconds East, a distance of 54.6 feet from an iron pipe found; thence South 48 degrees 32 minutes East, on and along said centerline, a distance of 180.0 feet; thence South 27 degrees 00 minutes East, on and along said centerline, a distance of 70.0 feet; thence South 51 degrees 30 minutes East, on and along said centerline, a distance of 70.0 feet; thence South 68 degrees 30 minutes East, on and along said centerline, a distance of 90.0 feet; thence North 80 degrees 00 minutes East, on and along said centerline, a distance of 82.6 feet; thence South 72 degrees 00 minutes East, on and along said centerline, a distance of 40.0 feet; thence South 88 degrees 38 minutes East, on and along said centerline, a distance of 49.0 feet; thence South 78 degrees 28 minutes East, on and along said centerline, a distance of 200.0 feet; thence South 36 degrees 34 minutes East, on and along said centerline, a distance of 180.0 feet; thence South 04 degrees 53 minutes West, on and along said centerline, a distance of 260.0 feet to the point of intersection with the water's edge of Wabee Lake; thence South 70 degrees 51 minutes 17 seconds West (recorded Westerly), on and along said water's edge, a distance of 79.54 feet to the true point of Beginning. ALSO, an easement appurtenant to the above described real estate as dominant tenement over and across lands presently held by the grantors, said easement being an easement for ingress and egress over and across a presently existing roadway running generally Easterly from the East boundary of the above described real estate to the bridge at the outlet of Waubee Lake and over a presently existing roadway running Westerly from the West boundary of the above described real estate to the county highway lying to the West thereof, said easement to be used in common by the grantees and owners of other real estate who have derived their title from grantors or grantors predecessor in interest, and their successors in interest as a roadway for motor vehicles as ingress and egress to the nearest public highway to the East and West. The unnamed Defendants to whom this Summons is directed must respond to this action within thirty (30) days after the last Notice of this action is published; and in case an unnamed Defendant fails to do so, judgment by default may be entered against such unnamed Defendant for the relief demanded in the Complaint. If an unnamed Defendant has any claim against the Plaintiffs or a claim again the property herein described, such claim must be asserted in the response. Issued this 22nd day of August, 2011 Jason McSherry, Clerk Kosciusko Circuit Court 121 North Lake Street Warsaw, Indiana 46580 Telephone: (574) 372-2334 James S. Butts, #3698-43 Law Office of James S. Butts, P.C. 119 East Center Street, Suite B-5 Warsaw 46580-2849 Telephone: (574) 269-9500 Facsimile: (574) 269-2888 E-mail: mailto:jsbutts@jsblawfirm.com Attorney for Plaintiffs a25,s1,8
