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Saturday, July 31, 2010

Saturday, July 31, 2010

NOTICE TO TAXPAYERS OF BUDGET ESTIMATES AND TAX LEVIES

NOTICE TO TAXPAYERS OF BUDGET ESTIMATES AND TAX LEVIES
Notice is hereby given to the taxpayers of Poneto Civil Town of Wells County, Indiana that the Common/Town Council or Board of Poneto Civil Town at Poneto Town Hall on August 9, 2010, at 7:00 p.m. will conduct a public hearing on the budget. Following this meeting, any ten or more taxpayers may object to a budget, tax rate, or levy by filing an objecting petition with the proper officers of the political subdivision within seven days after the hearing. The objecting petition must identify the provisions of the budget, tax rate or tax levy that taxpayers object to. If a petition is filed, the political subdivision shall adopt with its budget a finding concerning the objections filed and testimony presented. Following the aforementioned meeting, the fiscal body will meet at Poneto Town Hall on September 13, 2010, at 7:00 p.m. to adopt the following budget.
BUDGET ESTIMATE
Complete details of budget estimates by fund and/or department may be seen at the Clerk Treasurer’s Office.
Net Assessed Valuation $3,147,016
Fund    Budget    Max. Est.    Excessive    Current
Name    Estimate    Fund to    Levy    Tax
        be raised    Appeals    Levy
General    58,500    27,196    11,600    3,196
LR & S    1,350    0    0    0
MVH    9,400    0    0    0
CCI    6,500    0    0    0
CEDIT    10,000    0    0    0
Total    85,750    27,196    11,600    3,196
The 2011 estimated maximum levy limitation for this unit is 27,196.
The Property Tax Replacement Credit used to reduce the rate for this unit is 1,898.
Taxpayers appearing at the hearing shall have an opportunity to be heard.
Dated: July 15, 2010
Roy D. Schoeff
Clerk-Treasurer
nb 7/23, 30

NOTICE OF FILING OF PETITION TO CHANGE NAME

STATE OF INDIANA     )
COUNTY OF WELLS, SS: )
    IN THE WELLS
    CIRCUIT COURT
    2010 TERM
    CAUSE NO.
90C01-1007-MI-00004
IN THE MATTER OF:
PEGGY P. MORRIS
NOTICE OF FILING OF PETITION TO CHANGE NAME
Notice is hereby given that on July 16, 2010, Peggy P. Morris filed a Petition in the Wells Circuit Court to change her name to Peggy Phillips Close.
Said Petition shall be heard in the Courtroom of the Wells Circuit Court, Third Floor Courthouse, Bluffton, Indiana 46714 on the 3rd day of March, 2011, at 9:30 o’clock a.m., at which time all persons wishing to object to such a change of name are required to appear in said Court and show cause, if any there be, why said name change should not be approved.
Dated this 19 day of July, 2010.
    Beth Davis
Clerk, Wells Circuit Court
Andrew J. Carnall, #17259-90
Carnall, Myers & Kiracofe, P.C.
116 South Main St., PO Box 471
Bluffton, Indiana 46714
(260) 824-4049
Attorney for Petitioner
nb 7/23, 7/30, 8/6

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA FT. WAYNE DIVISION

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA FT. WAYNE DIVISION
AGSTAR FINANCIAL SERVICES, FLCA and AGSTAR FINANCIAL SERVICES, PCA, Plaintiffs,
vs.
ROCK CREEK DAIRY LEASING LLC, ROCK CREEK DAIRY LLC, MIDWEST DAIRY INVESTMENTS, LLC, VREBA-HOFF DAIRY DEVELOPMENT, LLC, SHAR MECHLING, WELLS COUNTY TREASURER, VET PHARM, INC., DEERE & COMPANY, PARAGON CONSTRUCTION COMPANY OF FORT WAYNE AKA PARAGON CONSTRUCTION CO. AKA S & S CONSTRUCTION, RED IRON CONSTRUCTION, INC., and HD SUPPLY WHITE CAP CONSTRUCTION SUPPLY,
Defendants.
CAUSE NO. 1:09CV272-RM
NOTICE OF HEARING, CONSOLIDATED AUCTION AND BID PROCEDURES FOR SALE OF RECEIVERSHIP PROPERTIES
In response to the filing by Roach & Associates, LLC, Court-appointed Receiver (the “Receiver”), of Receiver’s Expedited Motion for Entry of an Order (1) Authorizing Sale of Receivership Property Free and Clear of Liens, Claims and Encumbrances; (2) Approving Bidding Procedures with Regard to Sale of Receivership Property; (3) Scheduling Consolidated Auction; (4) Scheduling Sale Hearing; and (5) Approving Other Matters Related to the Sale of Receivership Property (the “Sale Motion”) [Docket No. 165], the United States District Court for the Northern District of Indiana Ft. Wayne Division (the “Court”) entered an order (the “Bid Procedures Order”).  The Bid Procedures Order approves certain bidding and consolidated auction procedures (the “Bid Procedures”) pursuant to which the Receiver will solicit bids and seek authority to sell (the “Sale”) the Rock Creek dairy (located in Indiana), that is the subject of the Sale Motion, in conjunction with the sale of three other farms commonly known as the Chesterfield dairy, Hopewell dairy and Oolman dairy (each located in Ohio) that are the subject of separate sale motions pending in the U.S. District Court for the Northern District of Ohio, Western Division and (collectively, the “Receivership Properties”).  The legal description for the Rock Creek Receivership Property is set forth below as Exhibit A.  Capitalized terms that are not defined in this Notice shall have the same meaning set forth in the Sale Motion.
NOTICE IS HEREBY GIVEN that copies of the Sale Motion and the Bid Procedures Order are on file with the Clerk of the Court and may be viewed on-line at http://www.innd.uscourts.gov or obtained by contacting Michael P. Kling, Esq., Varnum LLP, P.O. Box 352, 333 Bridge Street, N.W., Grand Rapids, MI 49501-0352, telephone:  616.336.6485; e-mail:  mpkling@varnumlaw.com.
NOTICE IS FURTHER HEREBY GIVEN that the Consolidated Auction contemplated by the Bid Procedures is scheduled for August 4, 2010 at 10:00 a.m. E.D.T. at the Crowne Plaza Hotel, 444 N. Summit Street, Toledo, Ohio 43604.  
NOTICE IS FURTHER HEREBY GIVEN that the Bid Procedures, including instructions for submission of Qualified Bids, govern participation in the Consolidated Auction. Inquiries regarding information contained in this Notice, copies of the Bid Procedures and information relating to the Receivership Properties and/or the Consolidated Auction may be obtained from the website or by contacting Michael P. Kling, Esq., Varnum LLP, P.O. Box 352, 333 Bridge Street, N.W., Grand Rapids, MI 49501-0352.  The Receiver has designated Michael P. Kling, Esq., as its representative to coordinate all requests for due diligence access and information from Potential Buyers.
NOTICE IS FURTHER HEREBY GIVEN that the hearing to consider approval of the Sale Motion and the Sale of the Rock Creek Receivership Property to the bidder submitting the highest and best offer therefor at the Consolidated Auction shall be held on August 6, 2010 at 2:00 p.m. (Ft. Wayne Time) (the “Sale Hearing”), at the United States District Court for the Northern District of Indiana, Ft. Wayne Division, E. Ross Adair Courthouse, First Floor, 1300 S. Harrison St., Fort Wayne, IN 46802.  Notice by the Receiver of the results of the Consolidated Auction will be filed on August 5, 2010.  Objections to the Sale Motion shall be in writing and shall specify with particularity the grounds for such objections or other statements of position, and shall be filed with the Court by 5:00 p.m. prevailing Eastern Time on August 5, 2010, and shall be served so as to be received by that same date and time on (i) Michael S. McElwee, Esq. and Michael P. Kling, Esq., Varnum LLP, P.O. Box 352, 333 Bridge Street, N.W., Grand Rapids, MI 49501-0352 (msmcelwee@varnumlaw.com and mpkling@varnumlaw.com), Attorneys for Receiver, (ii) John Roach, Roach & Associates, LLC, (jmroach@new.rr.com), Receiver, and (iii) Nancy A. Valentine, Esq., Hahn Loeser & Parks LLP, 200 Public Square, Suite 2800, Cleveland, Ohio 44114 (navalentine@hahnalw.com) and Stephen L. Fink, Barnes & Thornburg, LLP, 600 One Summit Square, Fort Wayne, IN 46802-3119 (stephen.fink@BTLaw.com), Attorneys for the AgStar Entities
/s/ Michael S. McElwee
Michael S. McElwee
(MI Bar No. P36088)
Varnum LLP
P.O. Box 352 /
333 Bridge Street, N.W.
Grand Rapids, MI  49501-0352
(616) 336-6000
E-mail:
msmcelwee@varnumlaw.com
Attorneys for Receiver Roach
& Associates, LLC
EXHIBIT A
Tract 1:
Part of the Southeast 1/4 of Section 21, Township 25 North, Range 12 East, Nottingham Township, Wells County Indiana, described as follows:
30 acres of even width off the West end of 60 acres of even width off the North end of the SE 1/4 of Section 21, Township 25 North, Range 12 East.
Tract II:
Part of the Northeast 1/4 of Section 21, Township 25 North, Range 12 East, Nottingham Township, Wells County, Indiana, described as follows:
Starting at the Northwest corner of said Northeast 1/4 found per record witness; thence Southerly, 387.40 feet along the West line of said Northeast 1/4 to a P.K. nail which shall be the Place of Beginning; thence Easterly, deflecting left 90º00’00”, 300.00 feet to a 5/8” rebar stake; thence Southerly, deflecting right 90º00’00”, 435.60 feet parallel with the West line of said Northeast 1/4 to a 5/8” rebar stake; thence Westerly, deflecting right 90º00’00”, 300.00 feet to a P.K. nail on the West line of said Northeast 1/4; thence Northerly, deflecting right 90º00’00”, 435.60 feet along said West line to the Place of Beginning.
Tract III:
Part of the Northeast 1/4 of Section 21, Township 25 North, Range 12 East, Nottingham Township, Wells County, Indiana, described as follows:  the West 1/2 of the Northeast 1/4 of Section 21, Township 25 North, Range 12 East.
EXCEPTING THEREFROM:  Part of the Northeast 1/4 of Section 21, Township 25 North, Range 12 East, Nottingham Township, Wells County, Indiana, described as follows:
Starting at the Northwest corner of said Northeast 1/4 found per record witness; thence Southerly, 387.40 feet along the West line of said Northeast 1/4 to a PK nail which shall be the Place of Beginning; thence Easterly, deflecting left 90º00’00”, 300.00 feet to a 5/8” rebar stake; thence Southerly, deflecting right 90º00’00”, 435.60 feet parallel with the West line of said Northeast 1/4 to a 5/8” rebar stake; thence Westerly, deflecting right 90º00’00”, 300.00 feet to a PK nail on the West line of said Northeast 1/4; thence Northerly deflecting right 90º00’00”, 435.60 feet along said West line to the Place of Beginning.
9075 S 250 E.,
Keystone, IN
PERM. PARCEL NOS.:
90-12-21-400-003.000-015
90-12-21-100-002.000.015
90-12-21-100-003.000.015
nb 7/9, 16, 23, 30