ohio cty. legals 5-24-12

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THURSDAY, MAY 24, 2012

RECORDER & NEWS

NOTICE TO TAXPAYERS OF ADDITIONAL APPROPRIATIONS Notice is hereby given the taxpayers of CASS TOWNSHIP, OHIO County, Indiana that the proper legal officers will consider the following additional appropriations in excess of the budget for the curretn year at their regualr meeting place at 14878 Works Road, Bennington, at 7:30 oʼclock pm, on the 5th day of June, 2012. FUND NAME: Township Amount 30000 Other Services & Charges $4,700.00 Mt. Pleasant Cemetary Repairs TOTAL FOR TOWNSHIP FUND $4,700.00 Tax payers appearing at the meeting shall have a right to be heard. The additional appropriations as finally made will be referred to the Department of Local Government Finance (DLGF). The DLGF will make a written determination as to the sufficiency of funds to support the appropriations made within fifteen (15) days of receipt of a Certified Copy of the action taken. Dated 5-17-12 Ron Spurlock (Fiscal Officer) C-5-24-RSR-2t C-5-24-OCN-2t NOTICE OF SHERIFFʼS SALE By virtue of a certified copy of a decree to me directed from the Clerk of the Court of Ohio County, Indiana, in Cause No. 58C01-1105-MF-0014 wherein US Bank National Association ND was Plaintiff, and Sue Lozier was the Defendant, 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 17th day of July, 2012, at the hour of 10:00 A.M., or as soon thereafter as is possible, at the Sheriff's Department; 123 S. Mulberry Street; Rising Sun, in Ohio County, Indiana, the fee simple of the whole body of Real Estate in Noble County, Indiana. Situated in the County of Ohio and State of Indiana: Lot Number Three (3) in the B. James Addition to the City of Rising Sun. Being the same real estate heretofore conveyed unto Virgil Lozier and Sue Lozier, husband and wife, by deed dated September 9, 1996, and recorded in Deed Record No. 27, at page 361, and also being the same real estate subse quently conveyed by Virgil Lozier to Sue Lozier by Quit Claim Deed dated January 16, 2002, recorded in Deed Recrd 33 at page 328, all as contained in the Office of the Recorder of Ohio County, Indiana. More Commonly known As: 306 West Walnut Street, Rising Sun, IN 47040 Together with rents, issues, income, and profits thereof, said sale will be made without relief from valuation or appraisement laws. /S/Eldon Fancher Sheriff of Ohio County, Indiana Township Randolph Phillip A. Pluister #26544-64 Burke Costanza & Carberry, LLP The Sheriffʼs Department does not warrant the accuracy of the street address published herein. C-4-24-RSR-3t TO THE OWNERS OF THE WITHIN DESCRIBED REAL ESTATE AND AILL INTERESTED PARTIES IN THE CIRCUIT COURT OF OHIO COUNTY RISING SUN, INDIANA CAUSE NO. 58C01-1006-MF-0015 STATE OF INDIANA COUNTY OF OHIO) SS: BAC HOME LOANS SERVICING, LP PLAINTIFF vs Daniel L. Maloy a/k/a Daniel Maloy; Kimberly N. Maloy a/k/a Kim Maloy; DEFENDANTS N0TICE OF SHERIFF'S SALE OF REAL ESTATE By virtue of an Order of Sale, directed to me from the Clerk of the Ohio Circuit Court and pursuant to a Judgment of Foreclosure entered on September 3, 2010, I will expose to public sale to the highest bidder for cash in hand, at the office of the Sheriff of Ohio County, in Ohio County, Indiana, located at 123 S. Mulberry, Rising Sun, IN on July 3, 2012 at 10:00 AM Local Time, the fee simple title together with the rents, profits, issues and income or so much thereof as may be sufficient to satisfy said judgment, interest, costs and accruing costs of the following described real estate located in Ohio County, Indiana, to-wit: The following described real estate situated in Ohio County, State of Indiana, to-wit: All that certain lot or parcel of ground situated in Henry James Addition to the Town, now City of Rising Sun, Indiana, bounded as follows: Commencing on High Street at the West side thereof, at the Northeast corner of a Lot of ground heretofore conveyed by Henry James to Elizabeth and Rachel Close and running thence with High Street Northwardly Fifty-six (56) feet to (formery) Beymer,s Lot; thence at a right angle Westwardly ten and one-half (10 1/2) rods to an alley; thence at a right angle Eastwardly to the place of beginning, Ohio County, Indiana. Commonly known as: 115 North High Street, Rising Sun, IN 47040-1021 Tax ID Number: 58-06-02-014-052.000-004 This sale is to be made in all respects pursuant to an act of the General Assembly of the State of Indiana, approved March 7, 1931, and entitled An act concerning proceedings in actions to foreclose real estate mortgages, providing for the sale and custody of the mortgaged premises and repealing all laws conflicting therewith (see Indiana Code). It is further provided by law that there shall be no redemption from such sale, and the purchaser at such sale, upon complying with the terms of his purchase, shall be entitled to immediately receive from the undersigned, Sheriff of Ohio County, a deed conveying to him, the purchaser, the fee simple title in and to said real estate. Taken as the property of the Defendant(s) stated above at the suit of BAC Home Loans Servicing, LP.. Said sale to be without relief from valuation and/or appraisement laws. The Sheriffʼs Department does not warrant the accuracy of the street address published herein. Eldon Fancher, Sheriff of Ohio County Attorney for Plaintiff Unterberg & Associates, P.C. 8050 Cleveland Place Merrillville, IN 46410 (219) 736-5579 Atty File: 9971619 This communication is from a Debt Collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. C-5-10-RSR-3t NOTICE FOR PUBLIC HEARING The Rising Sun Board of Zoning Appeals will hold a public meeting at 7:00 P.M. on Tuesday the 12th of June, 2012. In the Conference Room of the City Administration Building, 200 N. Walnut Street, City of Rising Sun, County of Ohio, State of Indiana for the following purposes: Jason McDaniel- Buyer Janet Mitchell- Seller 311 Short Street Rising Sun, Indiana 47040 Variance from development standard for proposed home. Said meeting will be open. to the public for comments will be heard. Rising Sun Board of Zoning Appeals Ed Hautman, Chairman. P-05-24-RSR-2t P-05-24-OCN-2t Planned Power Outage Wednesday June 6, 2012 12:00 a.m. until 3:00 a.m. Outage will affect west of High St going out St Rt 262 and North 56 heading to Aurora. The reason for the outage is to change out fuse assemblies at the McConnell Lane Substation. Every effort will be made to shorten the duration of the outage and we apologize for any inconvenience. Thank You Rising Sun Muncipal Utilities C-5-24-RSR-2t C-5-24-OCN-2t

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NOTICE OF AUCTION ASA ColLections will sell to the highest bidder, by sealed bid: a 1996 Ford F-150 XLT. Bids Must be submitted by, 2:00pm, June 6, 2012 to the Office of ASA Collections, P.O. Box 314, 215 Main Street, Risinq Sun, Indiana 47140. Terms: Cash or certified funds day of sale. Vehicle sold "as is". Seller reserves the right to refuse any and all bids. For further information call 812-438-4065. P-5-24-RSR-2t NOTICE FOR PUBLIC HEARING The Rising Sun Advisory Plan Commission will hold a public Hearing at 7:00 p.m. on Monday, June 11, 2012, in the Rising Sun / Ohio County Senior Citizen Center, 510 South Mulberry Street, City of Rising Sun, County of Ohio, State of Indiana for the following purposes: Public hearing on the application of Gaming Entertainment (Indiana) LLC, d/b/a Rising Star Casino Resort (“Rising Star”), 777 Rising Star Drive, Rising Sun, IN 47040 to amend (i) the Preliminary Planned Unit Development Plan for Rising Star Casino Resort (formerly Grand Victoria Casino & Resort) approved by the Rising Sun Advisory Plan Commission on February 19, 2008, and by the Rising Sun City Council on March 6, 2008, and (ii) Ordinance No. 2008-1 adopting a PUD Planned Unit Development District to make clear that transfers within the District are not subject to the City of Rising Sun Subdivision Control Ordinance. Rising Star desires to amend the approved Preliminary Planned Unit Development Plan (and, if it is approved, to seek approval of an amended Detailed Development Plan) in order to (i) provide for a free-standing 100 room, three story limited service hotel on a 3.010 acre parcel of land located between State Road 56 and Rising Star Drive and is southeast of Flavors and directly south of the end of Smart Drive in what is commonly known as the employee overflow parking lot (the “Site”) that Rising Sun/Ohio County First, Inc. (“RSOCF”) would ac quire from Rising Star, in lieu of a 200 room hotel expansion to the existing casino/resort structure, with sufficient parking rights to serve the Hotel on the Site accessible via permanent easement to utilize Rising Star Drive to reach a public roadway, and (ii) provide for additional resort amenities, including a driving range and future second hotel expansion and parking garage. RSOCF will issue a Request for Proposal seeking an operator, with hotel experience, to manage the hotel. As part of this Application, Rising Star desire that the Ordinance No. 2008-1 adopting the PUD Planned Unit Development District be amended to clarify that that the provisions of the Rising Sun Subdivision Control Ordinance do not apply to a transfer of the Site from Rising Star to RSOCF. The Application, preliminary plans and a map are on file for examination before the hearing at the City Administration Building, 200 North Walnut Street, Rising Sun, Indiana.. Said hearing will be open to the public and com ments will be heard. Written objections to the Application that are filed with the secretary of the plan commission before the hearing will be considered. Said hearing may be continued from time to time as may be found necessary Rising Sun Advisory Plan Commission Dennis Williams, Chairman C-5-24-RSR-2t C-5-24-OCN-2t TO THE OWNERS OF THE WITHIN DESCRIBED REAL ESTATE AND ALL INTERESTED PARTIES NOTICE OF SHERIFF`S SALE Date of Sale: July 10, 2012 Sale Location: 123 S. Mulberry Street, Rising Sun, IN 47040 By virtue of a certified copy of a decree to me directed from the Clerk of Superior Court of Ohio County, Indiana, in Cause No. 58C01-1110-MF-0023 Plaintiff: Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP Defendant: Christopher Whitham aka Christopher R. Whitham, et al. Required 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 hour of 10:00 a.m. of said day as listed above, at, fee simple of the whole body of Real Estate in Ohio County, Indiana: Legal Description Being part of the Northwest Quarter of Section 36, Township 4 North, Range 2 West of the First Principal Meridain located in Union Township, Ohio County, Indaina, described as follows: Commencing at a 30” Hackberry marking the Northwest corner of the Northwest quarter of Section 36, Township 4 North, Range 2 West; thence South 90º 00ʼ 00” East along the North line of said Section 36, 498.53 feet to the centerline of Cappel Road; thence along the centerline of said Cappel Road the following fifteen courses: South 02º 09ʼ 27” West 53.12 feet to a railroad spike; thence South 17º 42ʼ 19” West, 62.67 feet to a railroad spike; thence South 31º 43ʼ 09” West, 71.28 feet to a railroad spike; thence South 39º 59ʼ 54” West, 147.92 feet to a railroad spike; thence South 30º 09ʼ 36” West, 63.57 feet to a railroad spike; thence South 16º46ʼ40” West. 56.99 feet to a railroad spike; thence South 04º 44ʼ 39” West, 43.86 feet to a railroad spike; thence South 07º 33ʼ 36” East. 52.56 feet to a railroad spike; thence South 18º 40ʼ 59” East, 59.72 feet to a railraod spike; thence South 23º 32ʼ 16” East, 73.14 feet to a railroad spike; thence South 25º 58ʼ 01” East, 149.50 feet to a railroad spike; thence South 28º 33ʼ 46” East, 126.34 feet to a railroad spike; thence South 35º 14ʼ 51” East 112.28 feet to railroad spike; thence South 15º 06ʼ 36” East, 11.54 feet to re-bar and the point of beginning; thence continuing along the centerline of Cappel Road the following seven courses: thence South 15º 06ʼ 36” East, 37.60 feet to a railroad spike; thence South 00º 21ʼ 59 West, 99.5 feet to a railroad spike; thence South 00º 53ʼ 57” East, 52.29 feet to a railroad spike; thence South 14º 52ʼ 16” East, 37.62 feet to a railroad spike; thence South 33º 40ʼ 30” East, 33.98 feet to a railroad spike; thence South 54º 48ʼ 16” East, 39.00 feet to a railroad spike; thence South 75º 04ʼ 46” East 40.11 feet to a railroad spike; thence leaving said Cappel Road South 00º 00ʼ 00” East, 11.95 feet to a re-bar; thence South 88º 40ʼ 54” West, 523.08 feet to a rebar; thence North 00º 00ʼ 00” East, 300.00 feet to a rebar; thence North 88º 40ʼ 54” East 413.94 feet to the point of beginning. Contains 3.000 acres more or less. Parcel No. 58-02-36-200-004.001-005 Commonly Known as: 6413 Cappel Rd, Aurora, IN 47001 Together with rents, issues, income and profits thereof, said sale will be made without relief from valuation or appraisement laws. This Notice shall also represent service of Notice of Sale of the above-described real estate upon the owners, pursuant to requirements of IC 32-29-7-3. Eldon Fancher Sheriff of Ohio County Union Township Bradley C. Crosley (28224-29) April N. Pinder (29045-49) Attorney Reisenfeld & Associates, LPA LLC Attorneyʼs Law Firm (513) 322-7000 Contact Telephone Number The Sheriffʼs Department does not warrant the accuracy of the street address published herein. C-5-24-RSR-3t


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