057-17 - Sheriff Sale

66-17-0013-SS

PULASKI COUNTY SHERIFF’S OFFICE

TO THE OWNERS OF THE WITHIN DESCRIBED REAL ESTATE AND ALL INTERESTED PARTIES

NOTICE OF SHERIFF SALE

Sheriff’s file No.: 66-17-0013-SS

Date & Time of Sale: Monday, April 17, 2017 at 3:30 pm

Location of Sale: Pulaski County Sheriff’s Office, lobby

Judgment to be satisfied: $248,055.32

Cause Number: 66C01-1106-MF-000018

Plaintiff: WELLS FARGO BANK, NATIONAL ASSOCIATION

Defendant: MIKE FITOUSIS ENTERPRISES INC and MIKE FITOUSIS, HEIDI M. STEFFEL-FITOUSIS, BESSIE STASSIS, AND ALEXANDRA F. LAMBROS

By virtue of a certified copy of a decree to me, directed from the Clerk of Superior/Circuit Court of Pulaski County Indiana, 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 at the date, time and location listed above, the fee simple of the whole body of Real Estate, a certain tract or parcel of land described as follows:

Part of the Southeast Quarter of Section Eleven (11), Township Thirty (30) North, Range Two (2) West more particularly described as follows: Commencing at the Northeast corner of said Quarter (the assumed reference bearing being the East line of the Northeast Quarter (1/4) of said Southeast Quarter (1/4) North 00 degrees 00 minutes 00 seconds East 1,332.19 feet); thence South 00 degrees 00 minutes 00 seconds West 532.56 feet on and along said East line to the center of the State Highway 35 bridge over the Roberts Ditch; thence South 90 degrees 00 minutes 00 seconds West 34.88 feet to a point on the West right-of-way line of State Highway 35; thence South 00 degrees 22 minutes 41 seconds West 87.00 feet on and along said West right-of-way line, railroad spike set, to the Point of Beginning. Thence South 00 degrees 22 minutes 42 seconds West 113.47 feet on and along said West right-of-way line to the point of curvature of a curve concave to the West and having a radius of 538.14 feet, a Central or Delta angle of 5 degrees 16 minutes 25 seconds, and tangent lengths of 24.78 feet; thence Southerly along said curve 49.53 feet on and along said West right-of-way line, railroad spike set; thence South 87 degrees 39 minutes 32 seconds West 145.45 feet to a point on the East right-of-way line of Riverside Drive, 1” diameter iron pipe found; thence North 01 degrees 31 minutes 40 seconds West 94.60 feet on and along said East right-of-way line of Riverside Drive, railroad spike set; thence South 89 degrees 24 minutes 42 seconds West 21.00 feet on and along the North right-of-way line of Riverside Drive to a point on Smith’s fence being a 1” diameter iron pipe found, a monument of record; thence North 00 degrees 51 minutes 36 seconds West 78.65 feet on and along Smith’s fence to a stone and mortar monument, a monument of record; thence North 88 degrees 38 minutes 02 seconds West 173.43 feet on and along the South line of Smith’s Access Easement to a Point on said West right-of-way line East of State Highway. 35, said Point also being the Point of Beginning. Subject to the Smith Access Easement for ingress and egress described as follows: Commencing at above said Point of Beginning; thence South 00 degrees 22 minutes 42 seconds West 87.00 feet on and along said West right-of-way line of State Highway 35 to the easement’s Point of Beginning, railroad spike set; thence North 88 degrees 38 minutes 02 seconds West 173.43 feet to a stone and mortar monument, a monument of record; thence North 00 degrees 51 minutes 36 seconds West 40.00 feet; thence South 98 degrees 38 minutes 02 seconds East 20.00 feet; thence South 00 degrees 51 minutes 36 seconds East 20.00 feet; thence South 88 degrees 38 minutes 02 seconds East 153.86 feet to a point on said West right-of-way line; thence South 00 degrees 22 minutes 42 seconds West 20.00 feet on and along said West right-of-way line to the Point of Beginning. EXCEPTING: Part of the Southeast Quarter of Section Eleven (11), Township Thirty (30) North, Range Two (2) West, more particularly bounded and described as follows: Commencing at the Northeast corner of said Quarter (the assumed reference bearing being the East line of the Northeast Quarter (1/4) of said Southeast Quarter (1/4) North 00 degrees 00 minutes 00 seconds East 1,332.19 feet); thence South 00 degrees 00 minutes 00 seconds West 532.56 feet on and along said East line to the center of the State Highway 35 bridge over the Roberts Ditch; thence South 90 degrees 00 minutes 00 seconds West 34.88 feet to a point on the West right-of-way line of State Highway 35; thence South 00 degrees 22 minutes 41 seconds West 87.00 feet on and along said West right-of-way line, railroad spike set, thence North 88 degrees 38 minutes 02 seconds West along the South line of Smith’s access easement as shown on survey of David Lee Absher dated December 11, 1990 and recorded in the Office of the Pulaski County Recorder on January 17, 1991 in Plat Book 3 at page 42, to a point 21 feet East of a stone and mortar monument, said point being the POINT OF BEGINNING; thence continuing North 88 degrees 38 minutes 02 seconds West along South line of Smith’s access easement a distance of 21 feet to a stone and mortar monument; thence South 00 degrees 51 minutes 36 seconds East a distance of 78.65 feet on and along Smith’s fence to a 1” iron pipe found, a monument or record, said point also being on the North right-of-way line of Riverside Drive; thence 89 degrees 24 minutes 42 seconds East along the North right-of-way line of Riverside Drive a distance of 21 feet to a railroad spike set; thence North 00 degrees 51 minutes 36 seconds West a distance of 78.65 feet, more or less, to the point of beginning. EXCEPTING: A part of the Southeast Quarter of Section 11, Township 30 North, Range 2 West, Pulaski County, Indiana, and being that part of the grantors land lying within the rightof- way lines depicted on the Right-of-Way Parcel Plat marked in Document No. 20100509, described as follows: Beginning at a point on the East line of said Section South 00 degrees 44 minutes 09 seconds East 620.38 feet from the Northeast corner of said Quarter Section, said corner being designated as point “15” on said parcel plat, and which point of beginning is the Northeast corner of the grantors land; thence South 00 degrees 44 minutes 09 seconds East 160.55 feet along said East line to the Southeast corner of the grantors land; thence South 86 degrees 55 minutes 23 seconds West 37.75 feet along the South line of the grantors land to point “210” designated on said parcel plat; thence Northerly 48.84 feet (49.53 feet by Deed Record 149, page 486) along an arc to the left having a radius of 536.48 feet (538.14 feet by said deed record) and subtended by a long chord having a bearing of North 02 degrees 14 minutes 31 seconds East and length of 48.83 feet to point “211” designated on said parcel plat; thence North 00 degrees 21 minutes 59 seconds West 114.16 feet (113.47 feet by said deed record) to the North line of the grantors land; thence South 89 degrees 22 minutes 07 seconds East 34.46 feet along said North line to the point of beginning and containing 0.131 acres, more or less, inclusive of the presently existing right-of-way which contains 0.064 acres, more or less.

Together with rents, issues, income and profits thereof, this sale will be made without relief from valuation or appraisement laws. In accordance to the requirements of IC 32-29-7-3, this Notice shall also represent service of Notice of Sale of this real estate upon the owners.

Jeffery K. Richwine

Sheriff of Pulaski County

Township: Monroe

Parcel No.: 66-14-11-400-012.000-011 AND 66-14-11-400-037.000-011

405 N US 35, WINAMAC IN 46996

The Sheriff’s Department does not warrant the accuracy of the commonly known address published herein.

Thomas B. Trent, Plaintiff’s Attorney

Attorney No. 23173-02

Rothberg Logan & Warsco LLP, Attorney Law Firm

260-422-9454

057-17 N 03/01, 03/08, 03/15