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home : public notices : public notices May 30, 2016

9/21/2013 12:00:00 PM
NOTICE OF SHERIFF SALE - MF-00044 - SECRIST

NOTICE OF SHERIFF SALE
STATE OF INDIANA
SS
COUNTY OF KOSCIUSKO
PNC BANK, NATIONAL ASSOCIATION, Plaintiff
vs.
SECRIST PROPERTIES, LLC, et al., Defendants
IN THE KOSCIUSKO CIRCUIT COURT
CAUSE NO. 43C01-1302-MF-00044
TO: SECRIST PROPERTIES, LLC    Eric A. Secrist
      c/o Eric Secrist, Registered Agent    2598 East Porthcawl
      110 East Pearl Street    Winona Lake, Indiana  46582
      Mentone, Indiana  46539

      SECRIST PROPERTIES, LLC    Eric A. Secrist
      c/o Eric Secrist, Registered Agent    110 East Pearl Street
      2598 East Porthcawl    Mentone, Indiana  46539
      Winona Lake, Indiana  46582

      CERTIFIED RESTORATION SERVICES, INC.    STATE OF INDIANA
      f/k/a Secrist Builders Incorporated    Department of Revenue
      c/o Eric Secrist, Registered Agent    N248 Government Center N.
      110 East Pearl Street    100 North Senate Avenue
      Mentone, Indiana  46539    Indianapolis, Indiana  46204-2253

      CERTIFIED RESTORATION SERVICES, INC.    STATE OF INDIANA
      f/k/a Secrist Builders Incorporated    Department of Revenue
      c/o Eric Secrist, Registered Agent    c/o Daniel P. Miller, Esq.
      2598 East Porthcawl    Indiana Attorney General’s Office
      Winona Lake, Indiana  46582    5th Floor, Government Center S.
        302 West Washington Street
      STATE OF INDIANA, DEPARTMENT OF REVENUE     Indianapolis, Indiana  46204
      Greg Zoeller, Attorney General
      5th Floor, Government Center S.            
       302 West Washington Street                
      Indianapolis, Indiana  46204
                
       Clifford D. Johnson, Esq.
      First Assistant U.S.  Attorney
      204 South Main Street, Room M01
       South Bend, Indiana 46601
    AND TO ALL INTERESTED PARTIES IN THE PROPERTY COMMONLY KNOWN AS 110 Pearl Street, Mentone, Indiana:
    By virtue of a certified copy of a Decree of Foreclosure to me directed by the Clerk of the Circuit Court of Kosciusko County, Indiana, in the above-captioned cause:
    (a)  rendering judgment in favor of Plaintiff, PNC Bank, National Association, in the amount of $354,355.65, plus interest from and after August 20, 2013;
    (b)  rendering judgment of foreclosure and order of sale of the following described parcel of real property located in Kosciusko County, Indiana, to-wit:
    A tract of land of in the Northwest Quarter of Section 1, Township 31 North, Range 4 East, Franklin Township in Kosciusko County, Indiana, more particularly described as follows:
    Beginning at an iron pipe 823.4 feet North and 237.8 feet east of the Southwest corner of the Northwest Quarter of said Section 1; thence East 217.8 feet to an iron pipe; thence South parallel with the West line of said Northwest Quarter, 400.00 feet to an iron pipe; thence West 217.8 feet to an iron pipe; thence North along the East line of Frank’s Manufacturing Co., Inc., recorded at the Kosciusko County Recorder’s Office in Deed Record Book 218, page 584, 400.0 feet to the Place of Beginning.
    Also extension of a 40 foot wide easement recorded in the Kosciusko County Recorder’s Office in Deed Record Book 199, page 252, appurtenant thereto in common with others for purposes of a private roadway or drive over and across the following described parcel of land, to-wit:
    Beginning at an iron stake North 823.4 feet and East 237.80 feet from the Southwest corner to the Northwest Quarter of said Section 1; thence East, 217.8 feet to an iron pipe; thence North 40 feet to an iron pipe stake; thence West 217.8 feet to an iron stake; thence South 40.0 feet to the Place of Beginning  
commonly known as 110 Pearl Street, Mentone, Indiana  46539.  
    Said judgment ordering the sale of the aforesaid real estate to satisfy and pay the aforesaid sums due PNC Bank, National Association in the Decree contained, I will expose for sale to the highest bidder on the 6th day of November, 2013, at 10:00 a.m. on said date, through the services of Key Auctioneers at the real estate described hereinabove, pursuant to the terms and conditions set forth on Exhibit “A” attached hereto, together with income and profits thereof located in Kosciusko County, State of Indiana.   
      Said sale will be made without any relief whatsoever from valuation laws and for cash.  The undersigned, Sheriff of Kosciusko County, Indiana, will issue to each purchaser of said parcel of said real estate a Sheriff's Deed for said real estate as provided by law.  
    Dated September _______, 2013.  
W. R. Goshert, Sheriff
Kosciusko County, Indiana


SERVICE BY MAIL UPON THE FOLLOWING PARTIES
  BY THE SHERIFF OF KOSCIUSKO COUNTY:
TO: SECRIST PROPERTIES, LLC    Eric A. Secrist
      c/o Eric Secrist, Registered Agent    2598 East Porthcawl
      110 East Pearl Street    Winona Lake, Indiana  46582
      Mentone, Indiana  46539

      SECRIST PROPERTIES, LLC    Eric A. Secrist
      c/o Eric Secrist, Registered Agent    110 East Pearl Street
      2598 East Porthcawl    Mentone, Indiana  46539
      Winona Lake, Indiana  46582

      CERTIFIED RESTORATION SERVICES, INC.    STATE OF INDIANA
      f/k/a Secrist Builders Incorporated    Department of Revenue
      c/o Eric Secrist, Registered Agent    N248 Government Center N.
      110 East Pearl Street    100 North Senate Avenue
      Mentone, Indiana  46539    Indianapolis, Indiana  46204-2253

      CERTIFIED RESTORATION SERVICES, INC.    STATE OF INDIANA
      f/k/a Secrist Builders Incorporated    Department of Revenue
      c/o Eric Secrist, Registered Agent    c/o Daniel P. Miller, Esq.
      2598 East Porthcawl    Indiana Attorney General’s Office
      Winona Lake, Indiana  46582    5th Floor, Government Center S.
        302 West Washington Street
      STATE OF INDIANA, DEPARTMENT OF REVENUE     Indianapolis, Indiana  46204
      Greg Zoeller, Attorney General
      5th Floor, Government Center S.            
       302 West Washington Street                
      Indianapolis, Indiana  46204
                
       Clifford D. Johnson, Esq.
      First Assistant U.S.  Attorney
      204 South Main Street, Room M01
       South Bend, Indiana 46601
SERVICE BY POSTING BY THE SHERIFF OF
  KOSCIUSKO COUNTY:
Courthouse
110 west Center Street
Warsaw, Indiana 46580

110 Pearl Street
Mentone, Indiana  46539    
PREPARED BY:
Phillip A. Garrett, Esq. (#25580-46)
Attorney for Plaintiff
THORNE • GRODNIK, LLP
P. O. Box 1210
Mishawaka, Indiana  46546
Telephone: (574) 256-5660
E-mail:  pgarrett@tglaw.us
TERMS AND CONDITIONS FOR SHERIFF’S SALE
OF REAL ESTATE BY AUCTION COMPANY
    1. The   Kosciusko County Sheriff (“Sheriff) shall sell the real property located at   110 East Pearl Street, Mentone, IN 46539 ("Property”) through the services of Key Auctions LLC, (“Key”), but shall otherwise take all steps normally required by statute and by the Court’s Judgment to advertise and post notices for the sale.
    2. Key will use its best efforts to advertise and market the Property for sale in a manner calculated to bring the highest and best price at the sale.
    3. Key will incur expenses necessary for advertising and other aspects of the sale, which will be reimbursed from the proceeds of the sale in an amount not to exceed Four Thousand Two Hundred Dollars  ($4,200.00).
    4. Key is authorized to charge and retain a Buyer Premium of ten percent (10%) from the highest bidder. Said Buyer Premium will be paid by the highest bidder directly to Key and shall be in addition to the amount of the winning bid entered by the highest bidder. No commission shall be charged to PNC Bank (“Bank”) or the Sheriff by Key.
    5. In accordance with IC 32-29-7-8.5, real estate taxes due and payable on the Property or delinquent as of the closing date shall be paid by the Bank prior to the date of the Sheriff’s sale. The amount of such payments shall be added to the balance due on the Bank’s judgment.
    6. The auction shall be held at the Property on a date chosen by Key in coordination with the Sheriff.
    7. In order to facilitate the advertising and marketing of the Property for sale, Key shall have the right to place signs on the Property, and to access the Property to show it to potential buyers. This access shall be as unobtrusive as possible to any tenant and its operations. Upon request by Key, the Sheriff shall provide assistance using the minimum force necessary to gain access to the Property and to any building or enclosure located thereon. If the Property is vacant and no keys are available or provided by the current title holder, Key shall have the right to change locks as necessary to gain access to the Property.
    8. Key shall assume no liability for personal injury to any potential buyer or sale attendee before, during, or after the auction, nor shall Key assume any liability for loss by fire, theft, destruction, damage or other calamity to the Property or any part of it.
    9. Bidding shall be made without conditions and with no contingencies of any kind. The Property shall be sold "AS IS AND WHERE IS" with no representations or warranties of any kind being made to the buyer. Key shall not be held to answer to any claims whatsoever concerning the condition and/or title to the Property.
    10. Immediately upon conclusion of the auction, the highest bidder shall:
a. Execute a Purchase Agreement binding the bidder to complete the transaction
b. Deliver to Key, a cashier's check or other certified funds payable to Key in the amount of ten thousand dollars ($10,000) which shall be a nonrefundable "earnest money" deposit for the purchase of the Property.
    11. Within three (3) business days after the auction, the bidder will be required to remit, if applicable, an additional non-refundable earnest money deposit in an amount necessary to bring the total earnest money deposit to ten percent (10%) of the bid price.
    12. Within thirty (30) days after the date of sale, Key shall see that the following take place to finalize the transfer of the Property:
    a. A cashier's check or other certified funds is delivered by buyer to Key for the balance of the bid price plus buyer premium with credit given for earnest money previously paid;
    b. The Sheriff’s costs and expenses for the sale are paid out of the proceeds of the sale;
    c. A Clerk’s Return is prepared for delivery to the Sheriff;
    d. A Sheriff’s Deed and Sales Disclosure Form for the Property is delivered by the Sheriff or his designated deputy to the buyer;
e. The Sheriff’s Deed along with fees and other such documents as may be required by the Recorder and/or other officials of Kosciusko  County, Indiana (“County”) are provided by Key so that the Sheriff’s Deed will be recorded in the public record; and
    f. The net proceeds of the sale are remitted by Key to the Bank in accordance with the Clerk’s Return which shall account for the gross purchase price less any amounts due Key, including advertising expenses as provided in Paragraph 3, buyer’s premium, sheriff fee, recording costs and auditor fees. Payment to Key for its expenses and commissions shall be made prior to the payment of any other item, fee, or expense.
    13. If the buyer fails to timely deliver the balance of the sale price to Key, then:
a. Key is authorized to sell the Property to a backup bidder from the original sale if in the judgment of Key, the price a backup bidder is willing to pay is a greater amount than a subsequent sale is likely to realize after payment of advertising and other costs for the subsequent sale. If this is not the case, the sale shall then be reset under the same terms as herein provided. In either instance, the first or original buyer’s deposit monies shall be forfeited and applied first to any costs or expenses of the Sheriff, Treasurer, Assessor and/or the Bank in connection with the sale; and the remainder shall be split equally between Key as reimbursement for its costs and fees, and the Bank as payment towards the balance of the Judgment.  Key and Bank may pursue original buyer for any deficiency between the prices if they so choose.
b. Alternatively, additional time may be given to bidder for delivery of the funds with an additional escrow deposit by the bidder and the agreement of both Key and the Bank.
    14. The buyer shall have rights to possession and title to the Property upon buyer’s delivery of the full bid price to Key and delivery of the Sheriff’s Deed to buyer.
    15. The buyer shall be responsible for the payment of all taxes and assessments for installments which become due and payable after the delivery of the Sheriff’s Deed.
    16. If the auction is cancelled, Key shall be compensated as follows:
    a. If the auction is cancelled but rescheduled for a later date, Key shall be entitled to recover its advertising expenses for the cancelled auction, and the advertising expenses and professional services fees for the rescheduled auction as provided for in paragraphs 3 and 4 above.
    b. If the auction is cancelled and the Property or underlying note is sold within 90 days of the scheduled auction date, Key shall be entitled to recover the advertising expenses provided for in paragraph 3 and the professional services fee provided for in paragraph 4. Key shall compensate any cooperating brokers representing the buyer (up to 3%) from Key’s professional services fee without additional charge to the Receiver or Bank.
    c. If the auction is cancelled and the Property is released to the borrower as a result of a short sale, Key shall be entitled to recover the advertising expenses provided for in paragraph 3 and a professional services fee of three percent (3%) of the sale price.
    d. If the auction is cancelled for any reason other than those in subparagraphs  (a) – (c) above, and the auction is not rescheduled within 90 days, Key shall be entitled to recover its advertising expenses for the cancelled auction and a professional services fee of two thousand dollars ($2,000).
    17. If Bank makes the highest bid to purchase the Property at the sale using its judgment balance as a credit, then Bank shall forthwith pay:
a. The Sheriff any unpaid or un-reimbursed costs and expenses of the sale; and
b. Key's expenses as set forth in paragraph 3 above, and a professional services fee of two thousand dollars ($2,000) for its efforts and services.
9-21,28, 10-5 hspxlp





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