THURSDAY, MAY 31, 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 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 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
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NOTICE OF SHERIFF'S SALE By virtue of a certified copy of a decree to me directed from the Clerk of the Superior Court of Ohio County, Indiana, In Cause No. 58C01-1108-MF-0018, wherein Bank of America, NA successor by merger to BAC Home Loans Servicing, LP f/k/a Country wide Home Loans Servicing, LP was Plaintiff; and Tina R: Schutlz a/k/a Tina Marie Schultz a/k/a Teena Schultz and David W. Schultz a/k/a David Wayne Schultz. were the Defendants, requiring me to the sum as provided for in said Decree with Interest and costs, I will expose at public sale to the highest bidder, on the 24th day of July, 2012, 10:00 A.M. of said day. at the 123 S. Mulberry St., Rising Sun, IN 7040. the fee simple of the whole body of Real Estate in Ohio County, Indiana. The following described real estate in Ohio County, State of Indiana: A part of the Northeast Quarter of Section 2, Township 3 North, Range 2 West of the First Principal Meridian located in Cass Township, Ohio County, Indiana, described as follows: Beginning at an iron pin found at the Southeast Corner of the Northeast Quarter of Section 2. Township 3 North, Range 2 West; thence with the East Line of Section 2, North 0 degrees 12' 36" East 435.87 feet to an iron pin and The Point of Begin ning; thence with the North Line of a certain 11.125 acre tract. North 88 degrees 34' 08" West 2091.01 feet to a Railroad Spike in the center of a Salem Ridge Road (this line also passing through iron pins at 874.96 feet and 20761.01 feet): thence with the center of said road, first North 47 degrees 27' 00" East 100.31 feet and thence North 47 degrees 22' 00" East 308.03 feet to a Railroad Spike; thence leaving said road and with the South Line of a certain 10.778 acre tract. South 88 degrees 43'30" East 1793.6 feet to an iron pipe on the East Line of Section 2 (this line also passing a large wood post,at 25 feet and through an iron pipe at 839.78 feet) thence with said East Line of Section 2, South 0 degrees 12'36" West 226.23 feet to The Point of Beginning. 58-05-02-100-008.000-001 and commonly known as: 7501 Salem Ridge Road; Aurora. IN 47001. Subject to all easements and restrictions of record not otherwise extinguished in the proceedings known as Cause 58C01-1108-MF-0018 in the Superior Court of the County Of Ohio Indiana, and subject to all real estate taxes and assessments cur rently due, delinquent or which are to become a lien. Said sale will be made without relief from valuation or appraisement laws. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's Attorney. Eldon Fancher Ohio County Sheriff Cass Township James L. Shoemaker (19562-49) S. Brent Potter (10900-49) Craig D. Doyle (4783-49) Christina M. Bruno (27334-49) Curt D. Hochbein (29284-29) Doyle Legal Corporation, P.C. 41 E Washington Street Suite 400 Indianapolis, IN 46204 C-5-31-RSR-3t 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
NOTICE FOR PUBLIC HEARING The Rising Sun Board of Zoning Appeals will hold a public hearing at 7:00 P.M. on Tuesday, June 12, 2012, in the Conference Room of the City Admin istration Building, 200 N. Walnut Street, City of Rising Sun, County of Ohio, State of Indiana for the following Purposes: Applicant: Curt Rafferty 1110 Shive Lane, Suite 104 Bowling Green, KY 42104 Owner: First Financial Bank, National Association 255 E Fifth Street, Suite 700 Cincinnati, OH 45202 Site address: 330 Industrial Access Road, Rising Sun, Ohio County, Indiana Site description: Being part of the North One-half of Section 2, Township 3 North, Range 1 West of the First Principal Meridian located in Randolph Township, Ohio County, Indiana, described as follows: Commencing at the Northwest corner of Section 2, Township 3 North, Range 1 West, thence South 89° 35ʼ 45” East along the North line of said Section 2, 1679 feet, more or less (Deed) to the center of S.R. 56; thence South 00° 41ʼ 30” West along the centerline of said S.R. 56, 615.73 feet to a P.K. nail and the point of beginning; thence along the boundary of a 128.249 acre tract of land the following two courses: thence South 89° 40ʼ 20” East 269.05 feet to a re-bar; thence South 00° 19ʼ 40” West, 150.00 feet to a re-bar on the Northerly right-of-way line of Industrial Drive (D.R. 19, page 598); thence North 89° 40ʼ 20” West along said right-of-way line 270.00 feet to a P.K. nail in the center of said S.R. 56; thence North 00° 41ʼ 30” East along the centerline of said S.R. 56, 150.00 feet to the point of beginning, containing 0.928 acre. Variance from Use to permit a retail discount store in a B-1 zone. Variance from Development Standards to permit 32 parking spaces for a 9100 sq. ft. building in lieu of the 46 parking spaces otherwise required. Said hearing will be open to the public and com ments will be heard. Rising Sun Board of Zoning Appeals Ed Hautmann, Chairman P-5-31-RSR-1t P-5-31-OCN-1t 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 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 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 OF SHERIFF'S SALE By virtue of a certified copy of a Decree to me directed from the clerk of Circuit Court of Ohio County, Indiana, in Cause No. 58C01-1108-MF-0021, wherein LNV Corporation lIS assignee of Green Tree HE/HI Borrower, LLC. as assignee of Conseco Finance Servicing Corp. fka Green Tree Financial Servicing Corp. as assignee of Conseco Bank, Inc. was Plaintiff. and Gary R. Insprucker and The Cincinnatus Savings and Loan Company were, the Defendants, requiring me to take the sums as pro vided for in said Decree, with interest and costs, I will expose at public sale to the highest bidder, on the 31 day of July,2012, at the following location and time: Ohio County Courthouse, 121 South Mulberry Street, Rising Sun, Indiana 47040, at 10:00 a.m. the fee simple of the whole body of the following described real estate located in Ohio County, Indiana. Situated in Ohio County, Indiana Parcel 1: Part of The Southeast Quarter Of Section 23, Township 4 North:, Range 2 West, bounded as follows: from the intersection of the east line of the quarter with the center of the hartford Road, run South 61"24' west on a direct line 950.5 feet to a point in the center of said road at the southeasterly corner of the lands hereby conveyed and the beginning point of this description; thence running north 21º 43' West, 358.1 feet, passing a walnut tree 24 inches in diameter at 35 feet and an ash tree 24 inches in diameter at 272.9 feet; thence south 88°03' West, 240.2 feet; thence South 32°26' West, 130 feet to a willow tree 36 inches in diameter; thence South 02°10' West, 188.3 feet to the center of the Hartford Pike at a point 291.5 feet easterly with the center of said road from, a point midway between the east ends of the two iron guard rails on the ridge; thence with the center line of the highway, South 88º03' East, 313.1 feet and south 83º 22' East, 137.5 feet to the place ofbeginning, containing 2.59 acres, more or less, subject to an easement permitting joint use of a private driveway along the east side of the described real estate to provide ingress and egress to an adjacent parcel of real estate. Parcel II: being part of the southerly quarter of Section 23, Township 4 North, Range 2 West of the first principal meridian located in Union Township, Ohio County, Indiana, de scribed as follows: commencing at an iron pip making the northeast corner of the southeast quarter of Section 23, T4N, R2W and the northeast corner of a 21.16 acre tract of land; thence along the boundary of said 21.16 acre tract of said the following thirteen courses: thence South 01º56'50" East along the east line of said Section 23,870.71 feet to a railroad spike in the center of Hartford Pike; thence along the centerline of said Hartford Pike the following six courses; thence South 65º31'20" West, 147.23 feet to a railroad spike; thence South 48°57'40" West, 67.69 feet to a railroad spike; thence South 34º11'11" West, 102.25 feet to a railroad spike; thence South 74°13'50" West, 163.74 feet to a railroad spike; thence South 57º17'30" West, 211.09 feet to a railroad spike; thence South 57'19'26" West 140.10 feet to the point of beginning; thence con-
Ohio County Courthouse, 121 South Mulberry Street, Rising Sun, Indiana 47040, at 10:00 a.m. the fee simple of the whole body of the following described real estate located in Ohio County, Indiana. Situated in Ohio County, Indiana Parcel 1: Part of The Southeast Quarter Of Section 23, Township 4 North:, Range 2 West, bounded as follows: from the intersection of the east line of the quarter with the center of the hartford Road, run South 61"24' west on a direct line 950.5 feet to a point in the center of said road at the southeasterly corner of the lands hereby conveyed and the beginning point of this description; thence running north 21º 43' West, 358.1 feet, passing a walnut tree 24 inches in diameter at 35 feet and an ash tree 24 inches in diameter at 272.9 feet; thence south 88°03' West, 240.2 feet; thence South 32°26' West, 130 feet to a willow tree 36 inches in diameter; thence South 02°10' West, 188.3 feet to the center of the Hartford Pike at a point 291.5 feet easterly with the center of said road from, a point midway between the east ends of the two iron guard rails on the ridge; thence with the center line of the highway, South 88º03' East, 313.1 feet and south 83º 22' East, 137.5 feet to the place ofbeginning, containing 2.59 acres, more or less, subject to an easement permitting joint use of a private driveway along the east side of the described real estate to provide ingress and egress to an adjacent parcel of real estate. Parcel II: being part of the southerly quarter of Section 23, Township 4 North, Range 2 West of the first principal meridian located in Union Township, Ohio County, Indiana, de scribed as follows: commencing at an iron pip making the northeast corner of the southeast quarter of Section 23, T4N, R2W and the northeast corner of a 21.16 acre tract of land; thence along the boundary of said 21.16 acre tract of said the following thirteen courses: thence South 01º56'50" East along the east line of said Section 23,870.71 feet to a railroad spike in the center of Hartford Pike; thence along the centerline of said Hartford Pike the following six courses; thence South 65º31'20" West, 147.23 feet to a railroad spike; thence South 48°57'40" West, 67.69 feet to a railroad spike; thence South 34º11'11" West, 102.25 feet to a railroad spike; thence South 74°13'50" West, 163.74 feet to a railroad spike; thence South 57º17'30" West, 211.09 feet to a railroad spike; thence South 57'19'26" West 140.10 feet to the point of beginning; thence continuing along the center of said road the following three courses: thence South 57º19'26" West, 12.45 feet to a railroad spike; thence South 70º28'00" West, 98.83 feet to a railroad spike; thence North 88°26'20" West, 30.20 feet; thence North 22°49'00" West,349.38 feet to an iron pipe; thence South 86º57'00" West, 240.20 feet to an iron pipe; thence South 31°13'50" West, 130.00 feet to a cedar tree; thence north 32º40'35" West, 148.07 feet to the center of a branch; thence along the center of said branch and along the boundary line of said 21.16 acre tract of land the following three courses: thence North 83°23'00" East, 150.00 feet; thence North 40º39'00" East, 140.00 feet; thence north 65º51'00" East, 169.14 feet to the new right of way line of the design of Hartford Bridge over Laughery Creek Project No. STP-RS-8558 (1); thence along said right of way of said project the following nine courses: thence South 49°47'28" East, 65.62 feet; thence South 49º42'47" East, 3.31 feet; thence South 46°26'34" East, 92.86 feet; thence South 52°11'34" East, 96.05 feet; thence South 36°56'28" East, 95.45 feet; thence South 28°04'49" East, 97.19 feet; thence South 21º06'57" East, 50.25 feet; thence South 36º06'15" West, 107.77 feet; thence South 32°40'34" East, 15.60 feet to the point of beginning. containing 3.026 acres of land. Parcel III: being part of the southeast quarter of Section 23, Township 4 North, Range 2 West of the first principal meridian located in Union Township, Ohio County, Indiana, described as follows: commencing at an iron pipe marking the northeast corner of the southeast quarter of Section 23, T4N, R2W and the northeast corner of a 21.16 acre tract of land; thence along the boundary of said 2l.16 acre tract of land the following twenty courses: thence South 01°56'50" East along the east line of said Section 23, 871.71 feet to a railroad spike in the center of Hartford Pike; thence along the centerline of said Hartford Pike the following nine courses: thence South 65°31'20" West, 147.23 feet to a railroad spike; thence South 48°57'40" West, 67.69 feet to a railroad spike; thence South 34º11'11" West, 102.25 feet to a railroad spike; thence South 74°13'50" West, 163.74 feet to a railroad spike; thence south 57°17'30" west, 211.09 feet to a railroad spike; thence South 57°19'26" West 140.10 feet to a corner of a 3.026 acre tract of land; thence continuing South 57º19'26" west, 12.45 feet to a railroad spike; thence South 70º28'00" West, 98.83 feet to a railroad spike; thence North 88º26'20" West, 30.20 feet; thence North 22°49'00" West, 349.38 feet to an iron pipe; thence South 86°57'00" West, 240.20 feet to an iron pipe; thence South 31º13'50" West, 130.00 feet to a cedar tree and the point of beginning; thence South 01º14'30" West, 186.14 feet to a p. k. nail in the center of said Hartford Pike; thence along the center of said road the following two courses; thence North 88°26'20" West, 13.40 feet to a railroad spike; thence North 87º22'20" West, 291.50 feet to a railroad spike in the center of a concrete bridge; thence along the center of a branch the following four courses; thence North 07º42'00" East, 130.00 feet; thence; North 76°16'00" East, 88.30 feet; thence North 21°58'00" East, 65.10 feet; thence North 49º21'00" East, 133.30 feet; thence South 32°40'35" East, 148.07 feet the point of beginning. Containing 1.462 acres of land. Tax Identification Number(s): 58-02-23-400-006.000-005 and 58-02-23-400-004.001·005 More commonly known as: 7174 Hartford Pike, Aurora, IN 47001 Together with rents, issues, income and profits, and without relief from valuation or appraisement laws. Dated: 5 -21-12 Eldon Fancher, Sheriff Ohio County, Indiana KRISOR & ASSOCIATES John D. Krisor, Jr. (5355-71) Brooks J. Grainger (19362·71) Ian M. Septoski (25450-54) Attorney at Law P.O. Box 6200 South Bend, IN 46660 (574) 272-1000 C-5-31-RSR-3t