IN THE MATTER OF THE GUARDIANSHIP OF SUZANNE MORPHEW

29D01 -2006-GU-000096 Filed: 6/1/2020 3:58 PM
Clerk
Hamilton Superior Court 1 Hamilton County, Indiana
STATE OF INDIANA ) IN THE HAMILTON SUPERIOR COURT 1
) SS:
COUNTY OF HAMILTON ) CAUSE NO. 29D01-
IN THE MATTER OF THE GUARDIANSHIP OF:
SUZANNE MORPHEW, an Adult, MISSING PERSON.

E-FILING APPEARANCE BY ATTORNEY IN CIVIL CASE
1. The party on Whose behalf this form is being filed is:
Initiating _X Responding Intervening and the ,
Undersigned attorney listed 0n this form now appears in this case for the following parties:
Name of party: Barry Morphew

Address 0f party: 19057 Puma Path
Salida, CO 8 1201
Home, work, cell: 317-995-2426
barryleemorphew@gmail.com
(List 0n a continuation page additionalparties this attorney represents in this case.)
2. Attorney information as required by Trial Rule 5(b)(2):
Mary J. Hoeller Atty. Number: 8639-49

25 1 9 N. Delaware St. Phone: 3 1 7-633-4002
Indianapolis, IN 46205 FAX: 317-633-4002 (by consent only)
Email Address: mary@attorneyhoeller.com
IMPORTANT: Each attorney specified on this appearance:
(a) certifies that the contact information listed for her 0n the Indian Supreme Court R011 of
Attorneys is current and accurate as of the date of this Appearance;
(b) ACKNOWLEDGES THAT ALL ORDERS, OPINIONS, AND NOTICES FROM THE
COURT IN THIS MATTER THAT ARE SERVED UNDER Trial Rule 86(G) will be
sent to the attorney at the email address(es)specified by the attorney on the R011 of Attorneys
regardless 0f the contact information listed above for the attorney; and
(c) Understands that he/she is solely responsible for keeping his/her R011 of Attorneys
contact information current and accurate, see Ind. Admis. Disc. R. 2(A).
Attorneys can review and update their R011 of Attorneys contact information on the
courts Portal at http://portal.courts.in.gov.
3. This is a GU case type as defined in administrative Rule 8(B)(3).

4. This case involves child support issues. Yes_______ No. ___X____(If yes, supply social
security numbers for all family members on a separately attached document filed as confidential
information on light green paper. Use Form TCM-TR3.1-4).
5. This case involves a protection from abuse order, a workplace violence restraining order,
or a no-contact order. Yes ___ No _X___(If yes, the initiating party must provide an address
for the purpose of legal service but that address should not be one that exposes the whereabouts
of a petttion.er) the p[arty shall use the following address for purpose of legal services:
_____ Attorney’s address

_____ Attorney General Confidentiality program address (contact the Attorney General
at 1-800-321-1907 or e-mail address is confidential@atg.in.gov).
_____ Provide another address_____________________
This case involves a petition for involuntary commitment: Yes_______ No _X___
6. Information not applicable.
7. There are related cases: Yes _____ No __X__ (If yes, list on continuation page.)
8. Additional information required by local rule:

__________________________________________________________
9. There are other party members: Yes _____ No __X__ (If yes, list on continuation page.)
10. This form has been served on all other parties and proof of service to be filed.
____________________________
Mary J. Hoeller, Attorney
2519 N. Delaware St.
Indianapolis, IN 46205
(317) 633-4002
mary@attorneyhoeller.com
Filed: 6/1/2020 3:58 PM
29D01-2006-GU-000096
Clerk
Guardianship Information Sheet Hamilton County, Indiana
Choose One* (D Individual D Estate E Estate and Individual)

Choose One* (D Minor E Adult) Choose One*(D Temporary E Permanent)
Related Cases (List any cases in which the Protected Person is a party, e.g., CHINS)
Petitioner Relationship to Protected Person*_ Husband
Lastzak Morphew Suffix: First:* Barry Middle: Lee

DOB: 10/17/1967 Gender:* M Racefk Caucasian
Hispanic?: Yes.
Address:* 19057 Puma Path, Salida, CO 81201
317‘995'2426
Home Phone: Work Phone: 31 7'995‘2426 Cell Phone: 317'995'2425
Email Address:* barryleemorphew@gmai|.com
Attorney Name: Mary J- ”09"” Bar Number: App. Filed Date:
"Protected Person Estimated Value $
Last:* M°rphew Suffix:__ First:* Suzanne Middle: Renee

DOB:* 4/30/1971 Gender:*F_ Race:* CaucaS‘a” Hispanic?: Yes.
Weight: “8
5'4"
Eye Color: Blue Hair Color: 370W“ Height: lbs
Scars, Marks, and Tattoos: “°"e
Addressfk 19057 Puma Path, Salida, CO 81201

317'995'2426 317'339'5280
Home Phone: Work Phone: Cell Phone:
Email Addresszak srmorphew@aol.com
Attorney Name: Mary J- ”09"” Bar Number: App. Filed Date:
Guardian Ad Litem Full Name: 33W Lee M°rphew
Interpreter required? Yes® Language: flglish

Guardian E Check if same as petitioner D Certified (Only check if Federal or State Certifiedi
Last:* Suffix: First:* Middle: fl
DOB: Gender:* Race:* Hispanic?: Yes/No

Address:*
Home Phone: Work Phone: Cell Phone:
Email Address:*
Attorney Name: Bar Number: App. Filed Date:

I
Guardian Institution
Name:*
Address:*
Phone: Fax: Agent Name:
Close Relative (Entitled to Notice) Relationship to Protected Person Daugh‘er
_
Last:* Morphew First..* Mallory Middle: An”

Gender:* F Race_ * c____aucasion Hispanic?. Yes®
Mailing Address:* 19057 Puma Path, Salida, CO 81201
3‘7'995'2526 317-385-5384
Home Phone: Work Phone: Cell phone:
Ema" Address:* mallory@western.com
Filed: 6/1/2020 3:58 PM
29D01 -2006-GU-000096 Clerk
Hamilton County, Indiana
STATE OF INDMNA ) IN THE HAMILTON SUPERIOR COURT 1
) SS:
COUNTY OF HAMILTON ) CAUSENO. 29D01-
SUZANNE MORPHEW, an Adult, MISSING PERSON
APPLICATION FOR APPOINTNIENT OF GUARDIAN
CONTACT INFORMATION:
Name ofPetitioner: BARRY MORPHEW
Address ofPetitioner: 19057 Puma Path, Salida, (D 81201

Home Phone Number: 317-995-2426
Cell Phone Number: 317-995-2426
Work Phone Number: 317-995-2426
E-Mail: barryleemorphew@gmai1.com
EDUCATIONAL BACKGROUND:
Do you have a High School Education? Yes __X_ No

Ifyou do not have a High School
Education, d0 you have a GDI? Yes No
Do you have a college education? Yes _X_ No

If so, please list college, number ofyears attended, and the year you obtained a degree, and the type
o f degree you obtained.
4 years attended, graduated in 1994. Bachelor of Science
degree
Do you have a post graduate or
professional degree Yes N0 X
If so, please identify educational institution, the year you obtained that degree, and the degree
you obtained.
EMPLOYMENT:
Name of Employer: _Sunset Farms
LLC
Address of Employer: ___19057 Puma Path, Salida, CO

81201
Length 0f Employment: _25 years

If you are not currently employed, please state whether you are retired, or a homemaker, 0r a
surviving spouse or surviving partner ofthe deceased person, and please describe your most
occupation or work experience before your retirement or before you stopped working outside your
home.
FINANCIAL EXPERTISE:
Please list all prior experience in financial management, including investments and checkbook
management:
I have managed mv personal business finances for 34 years and manage mv own retirement
I
funds.
FELONY CONVICTIONS:
Do you have any prior
felony convictions? Yes No __X
If so, list date of conviction and type of felony.

AFFIRMATIONS OF PETITIONER:
As Petitioner requesting my appointment as Guardian of the PERSON AND ESTATE of SUZANNE

R. MORPHEW, I hereby state as follows:
1. That have attained 18 years of age and I am not incapacitated in any manner that would
I
interfere with my administration 0f the estate (property) 0f the minor or incapacitated adult.
2. That my attorney is: Mary J. Hoeller
b. That my attorney's Phone Number is: 317-633-4002
c. That my attorney's Fax Number is: 3 1 7-633-4002 (with consent)
d. That my attorney's E-Mail address is: marv@,gttorncvhocller.com
3. That I have provided my attorney with my Social Security Number and the date of
my birth.
4. That I accept my appointment as fiduciary.
5. That I agree t0 submit personally to the Jurisdiction 0f this Court in any proceeding
that relates to the estate of the minor or incapacitated adult.
AFFIRMATION AND VERIFICATION:
I affirm under the Penalties of perjury that the foregoing information is true and correct. That
as a condition 0f my appointment as fiduciary in this matter, I hereby waive the privilege associated
with this information and authorize my attorney to disclose this information to the Court, upon Court
order, in the event of my failure to render an account as required by law or other determination of a
breach 0f my fiduciary duty.
Dated this Eday of. 2020.
6%
Signature 6f Petitioner
29D01-2006-GU-000096 Filed: 6/1/2020 3:58 PM
Clerk
STATE OF INDIANA )
HamiltonIN
Superior HAMILTON
THECourt 1 SUPERIOR COURT Hamilton County, Indiana
) SS:
COUNTY OF HAMILTON ) CAUSE NO. 29D01—
PETITION FOR APPOINTMENT 0F GUARDIAN OVER OF SUZANNE. MORPHEW.

A MISSING PERSON
BARRY L. MORPHEW, Petitioner herein, being first duly sworn, petitions this Court t0
appoint a guardian 0f SUZANNE MORPHEW and in support 0fthis Petition states as follows.
1. flame. Age. Rcsidence and Address of Alleged hwgagitgted Person. The alleged
incapacitated person, SUZANNE MORPHEW, is an adult person who is 49 (DOB 4/30/1971) years
of age and resides at 19057 Puma Path Salida, CO 81201. Currently she is a missing person, having
lefi her residence on Mother’s Day, Sunday, May 10, 2020 and having not been seen since. Petitioner
requests the court t0 take judicial notice ofthe investigation surrounding her disappearance which can
be easily located upon an internet search.
2. Nature of Disability. SUZANNE. MORPHEW is deemed incapacitated under
Indiana Law because she cannot be located upon reasonable inquiry.1
3. mm. Suzanne Morphew is a joint owner of real estate in Hamilton County,
Indiana located at 26040 Cal Carson Road, Arcadia, Indiana 46030. This real estate is sold 0n land
contract with a closing date of June 6, 2020. Petitioner is filing herewith a petition t0 sell said real
estate 0n behalf 0f Suzanne Morphew.
4. Limitations. The Petitioner seeks guardianship for the purposes of conveying the real
estate described in paragraph 3 t0 prevent the Petitioner and the Missing Person fiom default 0n the
land contract.
1
IC 29—3-1-7.5"Incapacitated person"
Sec. 7.5. "Incapacitated person" means an individual Who:
(1) cannot be located upon reasonable inquiry;
(2) is unable:
(A) to manage in whole or in part the individual's property;
(B) to provide self—care; 0r
(C) both;
because of insanity, mental illness, mental deficiency, physical
illness, infirmity, habitual
drtmkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue
influence 0f others on the individual, 0r other incapacity; or
(3) has a developmental disability (as defined in IC 12-7-2—61 ).
As added by P.L.33—1989, SEC. 60. Amended by P.L.2—1992, SEC. 790.
5. Present Guardian. There is n0 guardian appointed for the alleged incapacitated person
in this or any other state. Petitioner may need guardianship over the protected person in the State 0f
Colorado.
6. Riidence. Address and Relationm to Alleged Disabled Person of Proposed
Guardian. Petitioner requests_that he be appointed as guardian of the SUZANNE. MORPHEW. The

Petitioner is the husband 0f the alleged incapacitated person and resides at 19057 Puma Path, Salida,
CO 8 1201. The Petitioner is the best person to serve as guardian because he is the spouse ofmissing
person and co-owner ofreal estate being sold on land contract.
7. Relatives. The names and addresses 0f the persons most closely related by blood 0r
marriage to the alleged incapacitated person are:
Name and Address: Relationship:
Mallory Morphew, Adult Daughter

19057 Puma Path
Salida, CO 31201
3 17-995-2526
3 17-385-5384 (cell)
mallory@western.edu
Mallory Morphew’s consent and waiver is filed herewith.
8. Person Having Custodv 0f SUZANNE R. MORPHEW. The alleged incapacitated
person is Missing.
9. Other Guardianships of Proposed Guardian. The proposed guardian is not serving as
the court—appointed guardian of any other person or person’s estate and has not been convicted of a
felony.
10. Reason the Appointment of a gfldian is sought and the interest of t_h; Petitioner in
seeking the apmintmcnt. Petitioner and the missing person are joint owners of property located in
Hamilton County, Indiana, namely. They are selling this property 0n land contract and closing is
scheduled on June 6, 2020.
11. Counsel. Pursuant to I.C. § 29-3-2-3, the Court should determine whether
SUZANNE. MORPHEW is adequately represented in this matter. If the Court determines that
SUZANNE. MORPHEW is not adequately represented, the Court should appoint a guardian ad litem
to represent her best interests.
The name and address 0f the attorney representing the Petitioner and her contact information is:
Mary J. Hoeller, RN, JD, NCG (#8639-49)

25 1 9 N. Delaware St.
3 7-633-4002 (phone)
1
3 1 7-633-1499 (fax)
maryGDmtomevhoellcmom (email)
12. Le_ss Restrictive Alternatives. Less restrictive alternatives such as a power of attorney,
appointment of a health care representative and representative payee will not meet SUZANNE.
MORPHEW needs as she is a missing person.
13. Petitioner requests this court to waive notice and hearing. The interested person,
Mallory A. Morphew has filed her consent and waiver of notice and hearing. Petitioner also requests
that bond, inventory and accountings be waived due t0 the single transaction involved in this
guardianship.
14. The need exists for the appointment of a guardian of the alleged incapacitated person
in that she cannot be located upon reasonable inquily and property in Hamilton County, Indiana needs
t0 be sold.
WHEREFORE, your petitioner prays the Court to enter an order:

1. Enter an order waiving notice and hearing.
2. Finding all necessary consents and waivers of notice and hearing have been secured
and filed fiom all interested persons.

3. Adjudicate that SUZANNE. MORPHEW is an incapacitated person;
4. Finding that a guardian 0f the estate of SUZANNE. MORPHEW needs to be
appointed;
5. Finding that BARRY L. MORPHEW is a suitable person to serve as the guardian of

the estate of SUZANNE. MORPHEW;
6. Appointing BARRY L. MORPHEW as the guardian of the estate of SUZANNE.
MORPHEW;
7. Approve the sale 0f Hamilton County real estate in the protected person’s name;
8. Waiving bond, inventory and accountings; and,
9. For all other relief which ls proper in the p
BARRzg
L. MORPHEW, Petitioner
I hereby afi'lrm under the penalties of perjury that the facts contained in the foregoing
are true t0 the best of my knowledge, information 0r belief.

”Mk
BARRYI. MORPHEW, Petitioner
Prepared By:
Mary J. Hoeller, RN, JD, NCG (8949-39)

25 1 9 N. Delaware St. 3 1 7-633-4002
mary@attomeyhoeller.com
Filed: 6/1/2020 3:58 PM
29D01-2006-GU-000096 Clerk
STATE OF INDIANA ) IN THE HAMILTON SUPERIOR COURT
) SS:
COUNTY OF HAMILTON ) CAUSE NO. 29D01-
SUZANNE R. MORPHEW, an Adult.
OATH OF GUARDIAN
I, BARRY L. MORPHEW, under the penalties for peljury, swear that I will honestly and
faithfully discharge the duties of guardian of SUZANNE R. MORPHEW, pursuant to the laws of
the State of Indiana.
821w L. Morphew
Address, Date of Birth and Social Security Number

are Confidential and Provided to Counsel
Filed: 6/1/2020 3:58 PM
29D01-2006-GU-000096 Clerk
GUARDIANS:
FORM PR00-4
1. INTRODUCTION
You have just taken an oath to faithfully discharge your duties as a guardian. This oath was
intended to impress upon you that you have been placed in a position of the utmost trust and
responsibility.
Most guardians are given the power and duty to handle an incompetent person's financial affairs.
Occasionally, however, the court appoints a guardian when the incapacitated adult or minor has no
assets or the powers granted the guardian do not encompass the property of the incapacitated person.
If your appointment does not include control of any financial affairs, then your duties are limited to
the specific purpose for which the guardianship was established.

Most of the remainder of this guide pertains to guardians who are appointed for the purpose 0f
managing the property of a protected person. The specifics of your duties to handle the protected
person's property will be discussed shortly, but you'll g0 a long way toward success by simply
remembering that the property you will be handling is not your own You must handle the property
of the protected person as you would have the protected person handle m property.
11. SPECIFIC DUTIES
The person over whom you have been appointed guardian is under some disability which
prevents him from competently handling his financial affairs. Your job is to handle this aspect of
life for him. There's really nothing mysterious about what you'll be doing. Just as you personally
have an income, pay bills, buy clothing and pay taxes, the protected person will in all likelihood have
an income, owe bills, need clothing and be required to pay taxes. The only difference between the
two of you is that you can handle these tasks on your own, while the protected person requires your
assistance t0 accomplish them.
Indiana Law specifically details the duties 0f the guardian. We now turn t0 an examination of
that law.
A. BOND
In order to protect the protected Qerson, even guardian must pgst a sufficient bond wig; the gout:
before undertaking his duties. The amount of the bond is fixed at an amount equal to all of the
protected person's personal property, plus the annual rental value 0f any real estate. While there is no
exception to the bond requirement, there may be an alternative. If the protected person owns assets
above and beyond those necessary to provide for his needs, you may petition the court for per—mission
to place the excess funds in a restricted account. Typically a restn'cted account is a Certificate 0f
Deposit with the following words typed on the face 0f the document: "not to be cashed without
order of Hamilton Superior Court No,1_" If the guardianship is over a minor, the following
words may be added: "or upon protected person reaching the age of 18". Provided there exist no
other reasons for requiring bond, the restricted funds will then be exempt from the bond requirement.
Finally, you may be wondering why the court may have required only a minimal bond upon your
appointment. The reason is simple —— neither the court nor you are yet fully aware 0f the extent 0f the
protected person's assets. Upon your filing of an inventory, the bond will be adjusted accordingly.
B. INVENTORY
Indiana Law regug' es that eveg guardian of another person'g Qroggrty file an inventogg 9f tug;
property within ninety 1901 day 9f the date of his aggointment. The inventory serves an important
purpose: it apprises both you and the court of the extent of the protected person's property.
The inventory which you file must contain every item of the protected person's property which
shall come to your possession or knowledge. The property must be classified as t0 its type (e.g.,
stocks, bank accounts, real estate) and, if encumbered by a mortgage 0r other lien, this fact must also
be noted.
The fair market value of each item 0f the protected person's property must be indicated in the
inventory. Many items, such as bank accounts, will pose no valuation problems. However, where
there is reasonable doubt as t0 the value of property, the law permits the employment of a
disinterested appraiser to assist in the valuation process. If an appraiser is employed, his name and
address must be indicated on the inventory.
C. TAKING POSSESSION OF THE PROTECTED PERSON'S PROPERTY
Your letters of guardianship regresent your authority to act for the protected person. By
representing these to persons or institutions who may be holding the protected person's property, you
will be pennitted to take that property into your possession.
The phrase "take possession" should not be construed literally. It is not intended that you run out
and gather everything the protected person owns so that you can store it in your basement. Rather,
you need to contact the persons or institutions holding your protected person's property, either show
them or provide them with your copies 0f your letters, and arrange for the funds or property to be
held in the protected person's name with your name listed as guardian. So that no one except you can
draw on said funds, do not surrender the original copy of your letters of guardianship —— certified
copies of your letters may be obtained from the Hamilton County Clerk's Office.
D. PAYING THE PROTEQTED PERSON'S BILQ AND EXPENSES
Your grimy pumose as guardian of an adult incompetent's estate E to mgflge his financial
affairs. As part of your management responsibility you will be required to pay all valid bills,
expenses and claims of the protected person while constantly bearing in mind your duty t0 p_reserve
the assets 0f your ward.
In order to pay these bills, a checking account must be opened. This account will be in your
name as guardian. The fact that it is a guardianship account must be clearly stated on the face 0f
each check. Also, it is important that the account be opened at an institution which returns the
canceled checks each month. The bills and expenses which a palticular protected person incurs will
vary according to the circumstances. If your protected person lives in his own home, there will be
utility and other bills associated with home ownership. On the other hand, if the protected person
resides in a nursing home, these bills may be eliminated by and included in a single monthly
payment.
In addition to the ordinary and necessary expenses of your protected person, extraordinary claims
may have to be paid on occasion. For example, a hospital might present you with a bill for services
which it claims to have provided the protected person prior to your appointment as guardian or an
individual might approach you and claim that the protected person owes him money 0n a contract.
The question which you should ask when presented with any bill, expense or claim on your
protected person's property is whether the obligation is valid. Your resolution 0f this inquiry is
critical for, if you negligently honor an invalid claim, the court may hold you personally liable for the
amount of the protected person's funds expended.

You may also find it necessary or desirable to provide your protected person with a periodic
allowance. Once again, since you have a duty to preserve the assets of the protected person, you
must take care that the pumose for which the allowance is desired is a valid one.
In either case, whether you are paying bills or are desirous 0f providing a periodic allowance, you
should consult with your attorney. If there is any question as to the legitimacy or necessity of a bill
or claim, authority should be obtained from the court before making payment.
These res? onsibilitjes as they relate to a minor arc different from those 9f an adult. A minor's
guardian has all the responsibility and authority of a parent and, therefore, is personally responsible
for the financial support of the minor. As a general rule, the guardian may not spend the minor's
funds, but, instead, must preserve them. Only upon a showing to the court that the parents' income is
insufficient to provide for the minor's support will the court approve the expenditure 0f the minor's
funds.
E. THE CURRENT REPORT
The law reguires that you file a written rep_ort 9f your activities as guardian wighjg thirty [39
days 0f the first anniversm 0f your appointment. Thereafter, such reports are due every two years.
You fulfill this duty by filing a current report and accounting. If all 0f a minor's assets are in a
restricted account, the court may waive this accounting requirement.
The current report should contain all information pertinent to the protected person's condition,
including his 0r her present residence and general welfare. If the protected person is an adult, a
report 0f the treating physician verifying the incapacitated state of the person and propriety of the
living arrangements must be included with the current report.
Regarding the accounting, the current repoxt must include three schedules. The first will show
the total amount of the protected person's property included in the inventory and any additional assets
received to the date 0f the accounting. The second schedule must list all expenditures which were
made on behalf 0f the protected person and, if such amounts are approved by the court, they Will be
credited against the amount of property for which you are chargeable. Finally, the third schedule will
be a recapitulation, and it will show the balance on hand after subtracting the credits you are
claiming from the total amount of property which has come into your hands. The balance on hand
should list what assets you still hold. In order to verify your expenditures made on behalf of the
protected person, you are required to attach canceled checks or vouchers to the current report.
By now you should have realized that accurate record keeping is essential to the preparation 0f an
acceptable current account. Remember that mare responsible for the protected person's property
and that you are held personally liable for the expenditures 0f any amount which cannot be
substantiated by canceled check or prior court approval.
F. THE FINAL REPORT
A written Final Report is required in all guardianghips. Most guardianships are established
because of the protected person's age: he is either too young (under eighteen) and , therefore, legally
disqualified from handling his own financial affairs or old age has in some way deprived him 0f the
ability to handle this aspect 0f his life. Therefore, most guardianships terminate either upon the
protected person's reaching majority or upon death.
When it is time to terminate the guardianship, you will need to file a final report. The report
must indicate the reason for terminating the guardianship and must detail the disposition which you
propose to make of the protected person's assets.
If the protected person is living, a hearing will be set t0 review the Final Report. A copy of the
report must be furnished to the protected person and the protected person can file written objections
before the hearing date. The court will examine the report t0 assure that your proposed disposition
0f the protected person's property is acceptable. The final account will be examined to assure that
the expenditures which you made since the last accounting are permissible. Assuming the court
approves, you will then be discharged from your duties and the guardianship will be closed.
111. CONCLUSION
As guardian, you may be faced with difficult decisions as to how you should be handling the
affairs of your protected person. You should realize that you need not make these decisions alone. If
there is an expenditure which you desire t0 make or a sale of any of the protected person's personal
or real propeny, you should consult With your attorney who will petition the court for its approval. If
the court agrees with your proposal, it will enter an order to proceed. If the court disagrees, then an
expenditure 0r sale for which you might have been held personally liable will have been avoided.
You are encouraged to contact your attorney to assist you With your duties. Since Indiana Law
and Hamilton County Court policy forbids employees (including judges and court personnel) from
practicing law, an attorney will be your sole source for counseling on legal matters.
Finally, don't be overwhelmed by your duties. Remember that the property you'll be handling is
not yours, and if you handle the protected person's affairs as you would have him handle yours, then
you should not have any problems.
JUDGE
HAMILTON SUPERIOR COURT NO.__
I acknowledge receipt of a copy 0f the above instructions and have read and will follow these
instructions carefully.
Cause Number: 29D01-GU Guardianship of: Suzanne R. Morphew
Date: 5” La -/ 10
Signatufe of Guardian
9/1/97
Filed: 6/1/2020 3:58 PM
29D01-2006-GU-000096
Clerk
INSTRUCTIONS T0 GUARDIANS
LR29-PR00-702.70
FORM PR00-3
Read carefully, date and gign one con! and return it to the court witm'n ten [101 days. Keep a
copy for your reference.
You have been appointed guardian 0f an individual who, because 0f age or some incapacity, is
unable to care for his or her own financial and/or personal affairs. It is important that you understand
the significance of this appointment and your responsibility as guardian.
Uponbeing appointed guardian, you are required to post a bond in the amount set
by the court
and t0 take an oath t0 faithfully discharge your duties as guardian. The bond assures the comt that
you will properly protect the assets of the protected person.
Listed below are SOME of your duties. These apply whether or not the protected person is your
relative. Ask the attorney for the guardianship to fully explain to you each 0f the items below and to
inforn you about other duties you have in your particular circumstances. Although the attorney will
file all the papers with the court, the ultimate responsibility to see that all reports and papers are
accurately prepared and filed rests with you.
As guardian, you are required:
1. To file with the court, within Ninety (90) days after your appointment, a
verified inventory of all property belonging to the protected person.
2. To file with the court, within thiny (30) days 0f the first anniversary of your
appointment and, thereafter, every two (2) years, a verified account. This details all
property and income received by and all expenses paid from the guardianship.
a. Vouchers or receipts should be attached in order to verify each expenditure.
b. The present residence and general welfare 0f the protected person must be
stated.
a A repon from the treating physician is required if the incapacitated

person is an adult.
d.
I
To pay bond premiums and court costs as they become due.
e. T0 file federal and state tax returns and to pay taxes for the protected
person.
f. To open an account, in your name

as guardian, in which all 0f the cash assets
of the protected person are deposited. This account shall be used for all
payments and disbursements on behalf of the guardianship and the protected
person. Canceled checks and other written proof should be maintained.
9_ To obtain approval from the court to use guardianship assets.
h. To file a final accounting upon termination 0f the guardianship. This

should detail all property and income received and all expenses paid,
with receipts to verify each expenditure.
A guardian is obliged t0 encourage self—reliability and independence 0f the protected person and
to consider recommendations relating to the appropriate standard of support.
You must protect and preserve the protected person's property and conserve any property of the
protected person in excess of the protected person's needs. Accurate accounts must be kept and
guardianship funds should never be combined with personal funds.
You may not make expenditure of investments from guardianship funds without court approval.
Unauthorized use of guardianship assets may result in personal liability and/or criminal prosecution.
If any questions arise during the guardianship, you should consult with your attorney.
Michael A. Casati
JUDGE
HAMILTON SUPERIOR COURT NO.1_
I acknowledge receipt of a copy of the above instructions and have read and will follow said
instructions carefully.
Cause Number: 29D01-GU Guardianship 0f: Suzanne R. Morphew
Date: 5" 27'20

Sign/ature of Guardian
Barry L. Morphew
Printed Name of Guardian
9/1/97
29D01-2006-GU-000096 Filed: 6/1/2020 3:58 PM
Clerk
STATE OF INDIANA ) INTHE HAMILTON COUNTY SUP. COURT 1
) SS: PROBATE DIVISION

COUNTY OF HAMILTON ) CAUSE NO.: 29D01-
INTHE MATTER OF THE GUARDIANSHIP OF )

SUZANNE R. MORPHEW, ADULT, MISSING PERSON )
CONSENT TO APPOINTMENT OF GUARDIAN:

WAIVER OF NOTICE AND HEARING
Mallory Morphew, afier being duly sworn upon her oath states under penalties for
petjury as follows:
1. I am the daughter of SUZANNE R. MORPHEW.
2. I make this CONSENT under oath, based 0n personal knowledge, and if called
to testify in open Court, I would testify in accordance with this CONSENT.
3. I understand and agree to the appointment of BARRY L. MORPHEW as
Guardian of the estate of SUZANNE R. MORPHEW.
4. Ihave received a complete copy of the Petition filed in the above-entitled cause,
and I agree with all contents ofthe Petition and I believe that it would be in the best interest
of SUZANNE R. MORPHEW, that BARRY L. MORPHEW be appointed Guardian of
SUZANNE R. MORPHEW'S estate.
5. I expressly waive Notice to Suzanne R. Morphew and further notices to me
regarding this matter. I ask the court to grant the Petitioner without hearing.
6. I also waive posting of bond and consent to posting of minimum bond if the
Court requires a bond. I am not aware of any other person/s who have any interest in the
financial affairs of SUZANNE R. MORPHEW other than myself and my father, the
Petitioner, BARRY L. MORPHEW.
7. I understand that once appointed, BARRY L. MORPHEW shall have sole

authorlty to determine all financial affairs of SUZANNE R. MORPHEW in the State of
Indiana.
8 I have had the opportunity to have this Consent reviewed by my attorney, and I
rely solely upon my own information in entering into and signing thls CONSENT
I Mallory Morphew, AFFIRM UNDER PENALITIES OF PERJURY THAT I
HAVE READ UNDERSTAND, AND AGREE WITH ALL OF THE FOREGOING
STATEMENTS IN THIS CONSENT.
Dated mm PM 1/
3 M‘- on MAY a q ,
2020.
Mmflmfi”
Ma‘lory Moflphewll
WM
STATE OF COLORADO )
) SS:
COUNTY OF CHAFFEE )
Before me the undersigned, a Notary Public, in and for said County and State on
MAY Z7 2020 personally appeared Mallory Morphew, said person belng over the age
of 18 years and acknowledged the execution of the foregoing mstrument
, Notary Public
LI s w n. c mw
Printed name, Notary Public
00 cl
MY comeARV
SSION
ID
ARENAE
NOTAR'IOPUBL I'C- STATE
W
ggCOLO
201114043579OM00
EXPIRES AUG
10, 2023
My Commission Expires: 9t I 0
I
2 OZ 5
My County of Residence: 4M“—

29D01-2006-GU-000096 Filed: 6/1/2020 3:58 PM
Clerk
STATE OF INDIANA ) Hamilton Superior HAMILTON
IN THECourt 1 SUPERIOR COURT Hamilton County, Indiana
SS:
COUNTY OF HAMILTON g CAUSE NO. 29D01
MOTION TO WAIVE NOTICE TO PROTECTED PERSON AND HEARING
Petitioner, Barry L. Morphew, by counsel, Mary J. Hoeller, moves the court to waive notice
to the protected person for the reason she cannot be located upon reasonable inquiry and notice
cannot reasonably be given t0 her.
Petitioner, Barry L. Morphew further moves the court t0 waive hearing for the reason all
interested persons which are the missing person’s adult daughter, has filed her consent and waiver
0f notice 0f hearing and heating.
Wherefore, Petitioner, Barry L. Morphew requests the court t0 enter an order waiving
notice to the protected person and hearing on this matter, and for all relief proper in the premises.
g/L
BARRY L. MORPHEW, Petitioner
I hereby affirm under the penalties 0f perjury that the facts contained in the foregoing
are true to the best of my knowledge, information or belief.
g///
BARRY WORPHEW, Petitioner
Prepared By:
Mary J. Hoeller, (8949-39)

25 1 9 N. Delaware St. 3 1 7-633-4002
mary@attorneyhoeller.com
29D01-2006-GU-000096 Filed: 6/1/2020 3:58 PM
Clerk
STATE 0F INDIANA ) 1N THECourt 1
Hamilton Superior HAMILTON SUPERIOR COURT Hamilton County, Indiana
) ss:
COUNTY 0F HAMILTON ) CAUSE No. 29D01—GU
IN THE MATTER OF THE GUARDIANSHIP OF :
VERIFIED MOTION FOR AN ORDER APPROVING SALE OF REAL ESTATE

BARRY L. MORPHEW, Petitioner herein, being first duly swom, having filed a petition to
be appointed guardian of SUZANNE MORPHEW further moves the court for an order approving the
sale 0f real estate located in Hamilton County, Indiana and in support 0fthis motion states:
1. My wife, Suzanne Morphew, and I are title owners of real property located in
Hamilton County Indiana at 26040 Cal Carson Road, Arcadia, IN 46030.
2. On April 26, 2019 we sold this property on land contract t0 Matthew T. Mullally and
Alicia N. Mullally. A copy of the fully executed land contract is attached hereto as Exhibit A.
3. The Mullally’s have performed on the contract and have secured a mortgage allowing
the transfer of ownership. This transfer is scheduled for June 6, 2020.
4. The remaining contract amount owed by the Mullally’s is $71 1,303.21. See attached
Exhibit B.
5. From this amount, the realtor is owed a commission-in the amount of $30,000 and my
attorney is owed $750.00. See Exhibits C and D. There are n0 other costs involved in this transaction
that have been brought to my attention.
6. Court approval 0f this transaction is needed t0 prevent a default on the land contract.
Wherefore, I pray for an order approving the sale 0f real estate and for all other relief which
is proper in the premises.
gfl/L,
BARRfiZ. MORPHEW, Petitioner
I hereby affirm under the penalties of perjury that the facts contained in the foregoing
are true to the best 0f my knowledge, information 0r

befi%/
BARRYL. MORPHEW, Petitioner
Prepared By:
Mary J. Hoeller, #8639-49

25 1 9 N. Delaware St.
3 17-633—4002
mary@att0rneyhoeller.com
29D01-2006-GU-000096 Filed: 6/1/2020 3:58 PM
Clerk
CHICAGO TITLE CO LLC

715 W CARMEL DRIVE #203
CARMEL. IN 46032
Fm c, rrN 110.49" 6’
THIS LAND CONTRACT ("Contract") has been executed this 26th day 0f April, 2019,
by Barry L. Morphew and Suzanne Morphew ("Vendor"), and Matthew T.
Mullally and Alicia N.
Mullally, jointly and severally ("Purchaser"): WITNESSETH that the parties agree as follows:
Vendor hereby sells t0 Purchaser, and Purchaser hereby purchases from

Vendor, the
following described real estate, together with all improvements thereon or belonging
thereto,
located in Hamilton County, Indiana ("Real Estate"), being more particularly described
as follows:
Legal Description: See Exhibit A, attached.
commonly known as: 26040 Cal Carson Road, Arcadia, Indiana 46030 all upon the following
covenants, terms and conditions:
1. Purchase Price and Manner 0f Pavment.
(a) Purchase Price. The Purchase Price for the Real Estate shall be the sum of Seven
Hundred Fifty Dollars and 00/100 Dollars ($750,000.00) ("Purchase Price"), which Purchaser
(jointly and severally) agrees t0 pay Vendor in accordance with the terms and conditions of this
Contract, without relief from valuation and appraisement laws and with reasonable attorneys' fees
after default and referral to an attorney for collection.
(b) Manner of Payment. The Purchase Price shall be paid in the following manner
(consistent with the Amortization Schedule attached hereto as Exhibit A):
(1) The sum of Twenty Five Thousand and 00/100 Dollars ($25,000.00) shall be paid
upon execution and delivery of this Contract to Vendor by Purchaser and Vendor acknowledges
receipt of such payment.
(2) During the first Twelve (12) months of this Contract, the applicable percentage
rate will be Four and One Half Percent (4.5%) per annum. During this time, Purchaser will make
monthly installments of Three Thousand Six Hundred Seventy Three dollars and Forty Seven
Cents ($3,673.47) which based upon the interest rate noted above and calculated over thirty
is
(30) years, payable on the first of the month beginning in June of 2019, plus the monthly escrow
payment of 1/12 of the Property Taxes and Insurance cost in order to pay the cost of Property
Taxes and Insurance. At the end of each twelve month period, the interest rate will be adj usted
with an increase 0f one quarter (25%). The second year’s payment will be $3,779.25. The
third’s year
payment will be $3,883.78. The fourth year’s monthly payment will be $3,986.92.
The balloon payment of $677,874.88 will be due April 30, 2023.‘ The current escrow payment
for taxes is $598.09 and insurance is M “-5.0
Purchaser has 5 day default period for the monthly payment. After the 5‘“
day, Purchaser shall be
1
in default of this Contract.
(3) Purchaser may make prepayments of any amount due hereunder at

any time and
without penalty or premium. No partial prepayment of the
Contract Balance shall relieve
Purchaser from continuing to make scheduled payments as
they become due and payable. All
payments made by Purchaser, including prepayments, shall be applied first to
interest due and
payable and the balance, if any, to principal.
(4) On or before April 30, 2023, Purchaser shall obtain a mortgage or other financing
to pay the remaining Contract Balance in full.
(5) Purchaser shall be in default of this Contract and shall immediately

vacate the Real
Estate if the contract balance is not paid by April 30, 2023.
(6) A11 payment shall be made to Vendor at: 1 1216 Fall Creek Road, Suite
100,
Indianapolis, Indiana 46256 or to such other place or person as Vendor may direct
by written notice
to Purchaser.
2. Taxes. Insurance and Association Dues.
(i) Taxes. Immediately upon execution of this Contract, Purchaser

shall
seek and file all necessary paperwork t0 obtain the Homestead
and Mortgage exemption
tax credits. Likewise, Vendor shall take all steps reasonably necessary t0 transfer
all tax
bills and statements into Purchaser’s name and address as soon as administratively
feasible following execution 0f the Contract.
(ii) Purchaser shall be responsible for the taxes on the Real Estate
during the
term of this Contract. Purchaser, upon written notice to Vendor
and at Purchaser’s
expense, may contest on Vendor’s and Purchaser’s behalf, any changes 0f the assessed
valuation of the Real Estate. Vendor shall forward or cause to be forwarded to Purchaser
a copy of all statements for Real Estate taxes on the Real Estate
payable by Purchaser, as
received, and Purchaser shall provide to Vendor upon request,
evidence of payment of
such taxes.
(iii) Vendor shall pay the tax payment due in

May 2019. A11 installments payable
thereafter shall be the obligation of Purchaser. Purchaser
will pay taxes and insurance in
the form of monthly escrow payments as dictated
by theescrow statements generated by
Vendor’s mortgage company. In this way, Purchaser shall be
responsible for all property
taxes payable on the property starting in November of 2019.
Vendor shall timely pay the
real estate taxes out of the Tax Escrow. If the funds
contained in the Tax Escrow shall be
insufficient to timely pay a real estate tax installment, Purchaser shall
deposit into the Tax
Escrow a sufficient amount, within ten (10) days after notice from Vendor
of such
insufficiency so that the Tax Escrow contains sufficient funds to
pay the then current
2
applicable real estate tax installment. The amount of monthly funds paid into the Tax
Escrow may be modified from time to time by Vendor upon written notice t0 Purchaser.
(b) Assessments. Purchaser shall pay all assessments for municipal and other
improvements becoming a lien after April 26, 201 9. Vendor covenants and agrees to
pay all such
assessments becoming a lien prior to such date.
(c) Insurance. Purchaser agrees to procure and maintain: Renters Insurance and
general liability insurance (“Liability Insurance”) with combined single limits of One
Million and
00/100 Dollars ($1,000,000.00) with responsible insurers doing business in the State of Indiana
("Required Insurance"). The Required Insurance shall be issued in the names 0f
Purchaser and
Vendor as an additional insured. Their respective interests
may appear, and shall provide that the
insurer may
not cancel or materially change coverage without ten (10) days' prior written
notice
to Vendor. Purchaser shall provide Vendor with such proof of insurance
coverages as Vendor
from time to time shall reasonably request. Except as otherwise may be agreed in writing,
any
insurance proceeds received as payment for any loss of or damage to the Real Estate
covered by
Required Insurance shall be applied to restoration and repair of the loss or damage in such
fashion
as Vendor reasonably may require, unless such restoration and repair is not
economically feasible
or there exists an uncured Event 0f Default by Purchaser under this Contract
on the date of receipt
of such proceeds, in either of which events, the proceeds may be applied, at Vendor's
option,
toward prepayment of the Contract Balance, with any excess to be paid to Purchaser.
In the event of destruction by Act of God to property, Vendor will

repair, correct, and or
file insurance claim to put the property back to habitable state. Purchaser will
cOoperate with
contractors to provide reasonable access to the property.
Notwithstanding the foregoing, Purchaser shall pay to Vendor on a monthly basis, at

the
same time and in the same manner that monthly Contract Balance payments are made, an amount
estimated by Vendor equal to one twelfth (1/12‘“) of the yearly Property Insurance
premium (the
“Insurance Escrow”). Vendor shall timely pay the Property Insurance
premium out of the
Insurance Escrow. If the funds contained in the Insurance Escrow shall be insufficient
to timely
pay the Property Insurance premium, Purchaser shall deposit into the Insurance Escrow a sufficient
amount, within ten (10) days after notice from Vendor 0f such insufficiency so that the Insurance
Escrow contains sufficient funds to pay the then current applicable Property Insurance premium.
The amount of monthly funds paid into the Insurance Escrow may be modified from time to time
by Vendor upon written notice to Purchaser.
(c) Payment bx Vendor. Upon failure of Purchaser to pay taxes or assessments on

the Real Estate or to provide insurance as required under this Contract, Vendor, upon
written notice
to Purchaser, may pay such taxes or assessments or obtain and maintain such
insurance and either
hold Purchaser in default of this Contract, and/or add the costs thereof to the Contract Balance.
3. Possession. Vendor shall give Purchaser full and complete possession of the Real
3
Estate, at the date of closing, on April 26, 2019.
4. Evidence of Title. (Select appropriate subparagraphs.)
Vendor has furnished to Purchaser, at Vendor's expense, a binder for an owner's

policy of insurance ("Title Binder") issued by Chicago Title,
title
by which such title insurance
company has agreed to insure, in the full amount of the Purchase Price, merchantable
title to
Purchaser as a contract purchaser upon execution and delivery of this Contract
to Purchaser by
Vendor. Upon execution of this Contract by Purchaser and Vendor, Vendor shall
pay all unpaid
premiums for such title insurance. Any further evidence or assurance of title shall be obtained
by
Purchaser at Purchaser's expense.
5. Warranties 0f Vendor. Vendor hereby warrants that Vendor has good and
merchantable title to the Real Estate, free and clear of any and all liens, leases, restrictions and
encumbrances, except as follows:
(i) Easements and restrictions of record as disclosed in the Title Binder;
(ii) Current real estate taxes not yet delinquent; and
(iii) Zoning requirements and matters that would be disclosed by an accurate survey.
Vendor further represents and warrants the following as of the date hereof: Vendor
has
made no contract to sell all or a part of the Real Estate to any person other than the
Purchaser;
Vendor has not given t0 any person an option, which is presently exercisable, to purchase
all or
any part 0f the Real Estate; there are no unpaid claims for labor done upon or materials furnished
for the Real Estate in respect to which liens have been or
may be filed; to Vendor’s knowledge,
the improvements upon the Real Estate are all located entirely within the
bounds ofthe Real Estate,
and t0 Vendor’s knowledge, there are no encroachments thereon; there are no existing
violations
of zoning ordinances or other restrictions applicable to the Real Estate; there
is no judgment of
any court of the State of Indiana or of any court of the United States that is or may become a
lien
on the Real Estate; and Seller is neither principal nor surety 0n any bond
payable t0 the State of
Indiana.
6. Vendor's Right to Mortgage Real Estate. Vendor shall have the right,
without
Purchaser's consent to encumber the Real Estate with a mortgage.
Any such mortgage by its terms
shall not be subordinated to the rights of Purchaser under this Contract.
In all events, the balance
due in respect to any such mortgage at no time shall exceed the unpaid balance of the
Purchase
Price. If Vendor encumbers the Real Estate by a mortgage, or the Real
Estate is on the date of this
Contract so encumbered, and Vendor defaults thereunder, Purchaser shall have the
right to cure
such default and to deduct the cost thereof from the next payment or payments due
under this
Contract. Vendor shall pay all amounts due under any such mortgage when due
and shall pay,
discharge and obtain the release of any such mortgage upon Purchaser's
payment in full of the
Contract Balance and all interest accrued thereon.
4
7. Transfer of Purchaser's Interest.--Condemnation. Purchaser's interest in this
Contract and Purchaser's interest in the Real Estate may not be sold, assigned,
pledged, mortgaged,
encumbered or transferred by Purchaser without the written consent of Vendor. If the Real
Estate
or any part thereof is taken or damaged pursuant to an exercise 0r threat
of exercise 0f the power
of eminent domain, the entire proceeds of the award or compensation payable in
respect to the part
so taken or damaged are hereby assigned to and shall be paid directly t0
Vendor. Such proceeds
shall be applied, at Vendor's option and without premium, in part
or entirely as a prepayment of
the Contract Balance or to restoration 0f the Real Estate; provided,
however, that if by electing t0
apply part of any such award or compensation against the Contract Balance, the Contract
Balance
is paid in full, then Vendor shall pay the balance to
Purchaser.
8. Mechanic's Liens. Purchaser shall not permit any Statement of Intention to

hold
a Mechanic's Lien to be filed against the Real Estate nor against any interest or estate therein
by
reason of labor, services or materials claimed to have been performed or
furnished to or for
Purchaser. If such Statement 0f Intention to hold a Mechanic's Lien shall
be filed, Vendor, at
Vendor's option, may compel the prosecution 0f an action for the
foreclosure of such Mechanic's
Lien by the lienor. If any such Statement of Intention to hold a Mechanic's Lien
shall be filed and
an action commenced to foreclose the lien, Purchaser, upon demand
by Vendor, shall cause the
lien to be released at Purchaser's expense by the filing of a
written undertaking with a surety
approved by the Court and obtaining an order from the court releasing the
property from such lien.
Nothing in this instrument shall be deemed or construed t0 constitute consent
to, 0r a request to
any party for, the performance of any labor or services or the furnishing of any materials for
the
improvement, alteration or repairing of the Real Estate; nor as giving Purchaser
the right or
authority to contract for, authorize or permit the performance of
any labor or services or the
furnishing of any material of any material that would permit the attaching
of a valid mechanic's
lien.
9. Indemnification and Release. Regardless ofwhether or not separate, several,

joint
or concurrent liability may be imposed upon Vendor, Purchaser shall
indemnify and hold harmless
Vendor from and against all damages, claims and liability arising from or connected
with
Purchaser's control or use of the Real Estate, including, without
limitation, any damage or injury
to person or property. This indemnification shall not include
any matter for which the Vendor is
effectively protected by insurance. If Vendor without fault, shall become
a party t0 litigation
commenced by or against Purchaser, then Purchaser shall indemnify and hold Vendor harmless.
The indemnification provided by this paragraph shall include all legal costs and attorneys'
fees
incurred by Vendor in connection with any such claim, action or proceeding. Purchaser
hereby
releases Vendor from all liability for any accident, damage 0r injury caused to person or
property
on or about the Real Estate (whether or not due to negligence on the part of
Vendor) (excepting
liability of Vendor for Vendor's negligence) and notwithstanding whether
such acts 0r omissions
be active or passive.
10. Use of the Real Estate bv Purchaser; Vendor's Right 0f Inspection;

Purchaser's Responsibilitv for Accidents.
(a) LIE. The Real Estate shall not be rented, leased or occupied by persons other than
Purchaser. None of the improvements now or hereafter located on the Real Estate
shall be
materially changed, remodeled, or altered without the prior written consent of Vendor.
No
additional improvements shall be placed on the Real Estate without the prior written
consent of
Vendor. Purchaser, at Purchaser's expense, shall use the Real Estate and the improvements
thereon
carefully and shall keep the same in good repair. Purchaser shall not commit waste
on the Real
Estate and, with respect to occupancy and use of the Real Estate, shall
comply with all laws,
ordinances, and regulations of any governmental authority having jurisdiction thereof.
(b) Vendor's Right of Inspection. Until the Purchase Price and all interest thereon
is
paid in full, Vendor from time t0 time and at scheduled reasonable times agreed to by Vendor and
Purchaser, peaceably may enter and inspect the Real Estate.
(c) Purchaser's Responsibility for Accidents. Purchaser hereby assumes all risk
and
responsibility for accident, injury or damage to person and property arising from Purchaser's use
and control of the Real Estate and the improvements thereon. Purchaser shall insure such
risk by
carrying standard liability insurance, in such amounts as are satisfactory to
Vendor, insuring the
Vendor's liability as well as the Purchaser’s.
11. Default and Acceleration. It is expressly agreed by Purchaser that time is 0f the
essence of this Contract. Upon the occurrence of any Event of Default, as hereinafter
defined, and
at any time thereafter, the entire Contract Balance, and all accrued,
unpaid interest thereon, shall,
at the option of Vendor, become immediately due and payable without any notice, presentment,
demand, protest, notice of protest, or other notice or dishonor or demand of any kind, all of which
are hereby expressly waived by Purchaser, and Vendor shall have the right t0
pursue immediately
any and all remedies, legal or equitable, as are available under applicable law to collect such
Contract Balance and accrued interest, t0 foreclose this Land Contract, and as
may be necessary
or appropriate to protect Vendor's interest under this Contract and in and to the
Real Estate. The
following shall each constitute an "Event of Default" for purposes of this Contract:
(a) Default of Purchaser for a period 0f five (5) days in the payment of
(i) any
installment of the Purchase Price when due under the terms of this Contract,
(ii) any installment
of real estate taxes 0n the Real Estate or assessment for a public improvement which
by the terms
of this Contract are payable by Purchaser, or (iii) any premium for insurance required
by the terms
of this Contract to be maintained by Purchaser;
(b) Default, for a period of fifteen (15) days after written notice thereof is given to
Purchaser, in the performance or observation of any other covenant or term of this Contract;
(c) Lease or encumbrance of the Real Estate or any part thereof, other than as expressly
permitted by this Contract, or the making of any levy, seizure or attachment thereof or thereon
or
a substantial, uninsured loss of any part of the Real Estate;
(d) Purchaser
(i) institutes or consents to any proceedings in insolvency, or for the
adjustment, liquidation, extension or composition or arrangement of debts or for
any other relief
under any insolvency law or laws relating to the relief or reorganization of debtors',
(ii) files an
answer admitting bankruptcy or insolvency or in any manner in adjudged insolvent, or
(iii) makes
an assignment for the benefit of creditors or admits in writing inability to pay debts as
they become
due; provided however, this paragraph (d) shall not apply to any proceeding in bankruptcy;
(e) Any part of Real Estate or

all or a substantial part of the property or assets of
Purchaser placed in the hands of any receiver, trustee or other officers or representatives of
is
any
court, or Purchaser consents, agrees or acquiesces to the appointment of
any such receiver or
trustee;
(f) Desertion or abandonment of the Real Estate, or any part thereof,

by Purchaser;
(g) Actual or threatened alteration, demolition 0r removal of any improvements which

are a part of the Real Estate, except as expressly allowed
by the terms 0f this Contract;
(h) Sale, transfer, conveyance or other disposition of Purchaser's interest in

this
Contract or Purchaser's interest in the Real Estate, or any part thereof, without Vendor's
prior
written consent.
In the event Purchaser breaches any covenant, requirement or condition of

this Contract,
then, it is expressly agreed by Purchaser that, unless Purchaser shall have paid
more than One
Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) of the Purchase Price, Vendor
at may,
Vendor's option, cancel Contract and take possession of the Real Estate and remove Purchaser
this
therefrom, or those holding or claiming under Purchaser without any demand and t0 the
full extent
permitted by applicable law. Vendor will notify Purchaser of any breach as defined
above.
Purchaser has the right to cure any breach within the time frames set out above. In the
event of
Vendor's cancellation upon such default by Purchaser, all rights and
demands of Purchaser under
this Contract and in and to the Real Estate shall cease and terminate
and Purchaser shall have no
further right, title or interest, legal or equitable, in and to the Real Estate and
Vendor shall have
the right to retain amounts paid by Purchaser toward the Purchase Price as an agreed payment
all
for Purchaser's possession 0f the Real Estate prior to such default. Such
retention shall not bar
Vendor's right to recover damages for unlawful detention of the Real Estate after
default, for any
failure to pay taxes or insurance, for failure to maintain the Real Estate at
any time, for waste
committed thereon or for any other damage suffered by Vendor, including reasonable attorneys'
fees incurred by Vendor in enforcing any right hereunder or in removing
any encumbrance on the
Real Estate made or suffered by Purchaser.
All of Vendor's remedies shall be cumulative and not exclusive. Failure 0f

Vendor to
exercise any remedy at any time shall not operate as a waiver of the right of Vendor to
exercise
any remedy for the same or any subsequent default at any time thereafter.
12. Hazardous Materials. Purchaser shall not in any manner, use, maintain or allow
7
the use or maintenance of the Real Estate in violation of any law, ordinance,
statute, regulation,
rule or order (collectively ”Laws") of any governmental authority, including
but not limited to
Laws governing zoning, health, safety (including fire safety), occupational hazards, and pollution
and environmental control. Purchaser shall not use, maintain or allow the use 0r maintenance
of
the Real Estate or any part thereof t0 treat, store, dispose of, transfer, release,
convey or recover
hazardous, toxic or infectious waste 0n or about the Real Estate. Hazardous, toxic or
infectious
waste shall mean solid, liquid or gaseous waste, substance or emission or any combination
thereof
which may cause or significantly contribute to an increase in mortality 01‘ in serious illness, or
(i)
(ii) pose the risk of a substantial present or potential hazard to human health, to the
environment
or otherwise to animal or plant life, and shall include without limitation hazardous
substances and
materials described in the Comprehensive Environmental Response, Compensation and
Liability
Act of 1980, as amended; the Resource Conservation and Recover Act, as amended; and
any other
applicable federal, state or local Laws. Purchaser shall immediately notify Vendor 0f the
presence
or suspected presence of any hazardous, toxic 0r infectious waste on 0r about the Real
Estate and
shall deliver to Vendor any notice received by Purchaser relating thereto.
Vendor and its agents shall have the right, but not the
duty, to inspect the Real Estate and
conduct thereon at any time t0 determine whether 0r the extent to which there is hazardous,
tests
toxic or infectious waste on the Real Estate. Vendor shall have the right to
immediately enter upon
the Real Estate to remedy any contamination found thereon. In exercising its rights herein, Vendor
shall use reasonable efforts to
minimize interference with Purchaser's business but such entry shall
not constitute an Event of Default by Vendor, in whole or in part, and Vendor shall not
be liable
for any interference, loss, or damage to Purchaser's property or business caused thereby.
13. Additional Covenants and Representations of Vendor. Upon payment

by
Purchaser of the Purchase Price in full, with all interest accrued thereon, and the performance
by
Purchaser of all covenants and conditions which by the terms of this Contract are to be
performed
by Purchaser, Vendor agrees and covenants to convey the Real Estate t0 Purchaser by General
Warranty Deed, subj ect only to easements and restrictions 0f record as of the date of this Contract;
t0 the rights ofpersons in possession; to the lien of all taxes and assessments
payable by Purchaser
hereunder; and to any other encumbrances which, by the terms of this Contract, are to be paid
by
Purchaser.
14. General Agreement 0f Parties. This Contract shall extend to and be binding upon
the heirs, personal representatives, successors and assigns of the parties. When
applicable, use of
the singular form of any word also shall mean or apply to the plural.
Any noticest0 be given
hereunder shall be deemed sufficiently given when (a) actually served on the person to be
notified,
or (b) placed in an envelope directed to the person to be notified at the following address
and
deposited in the United States mails by certified or registered mail, postage prepaid.
(1) If to Vendor, at the address at which payments to Vendor are t0 be made.
(2) If to Purchaser, at the Real Estate.

Such addresses may be changed by either party by written advice as t0 the new address delivered
to the other party as above provided.
Whenever consent is required of either party hereunder for the occurrence of any act, such
consent shall not unreasonably be withheld.
15. Recording. A Memorandum of this Contract may be recorded by Purchaser, at

Purchaser's expense.
16. Attorney’s Fees. Purchaser shall pay to Vendor costs and expenses, including
all
attorney’s fees arising out ofthis Contract
from any action for enforcement ofthe provisions hereof
or from an action to which Vendor may be a party by reason 0f being a party to this Contract.
17. Waiver. The waiver of any breach of this Contract by Vendor shall not constitute
a continuing waiver or a waiver 0f any subsequent breach, either of the same or another
provision
ofthis Contract. The delay or omission by Vendor to exercise any right or power provided by this
Contract shall not constitute a waiver of the right or power, or acquiescence in
any default on the
part of Purchaser. The acceptance 0f any payments made by Purchaser in a manner or at a time
other than as required by terms and conditions of this Contract shall not be construed
as a waiver
or variation of the terms and conditions ofthis Contract. Any default on the part of Purchaser
shall
be construed as continuous, and Vendor may exercise every right and power under the Contract
and Indiana law at any time during the continuance of the default, or on the occurrence of any
subsequent default.
18. Late Payment Penalty. Purchaser shall immediately pay to Vendor a late payment
penalty in the amount of five percent (5%) of any monthly installment that is not received
by
Vendor on or before such installment’s due date;
19. Condition Of Real Estate. The Real Estate is being sold and purchased hereunder
on an “as is” basis, with no representations, warranties, covenants or liabilities of
any kind by or
with respect to Vendor concerning the physical condition of the Real Estate.
IN WITNESS WHEREOF, Vendor and Purchaser have executed this instrume t'on this
26 day oprril, 2019.
Signature: NWWMmW
Matthew T. Mullvally
Signam${ /
BWew
9* ‘
a
I
Signature: 47/641603
flZaW Signature:
V
/
fl /f
Alicia N. Mullally
PURCHASER VENDOR
4/
Suzanne
.
5,- {75—h rt»
gftfly/
rphew
A/ k
742:5
SPECIAL POWER OF ATTORNEY
File No.: CTIN1902949—JMC
KNOW ALL MEN BY THESE PRESENTS, That l. Suzanne Morphew

Have made. constituted and appointed and by these presents do make, constitute and appoint Barry L. Morphew my true
and lawful Attorney in fact for me and in my name, place and stead and for use and benefit to convey the following
described real property:
SEE EXHIBIT "A' A‘I‘I'ACHED

HERETO AND MADE A PART HEREOF
Commonly known as: 26040 Cal Carson Road, Arcadia. IN 46030
To sign, execute and deliver and acknowledge any and all documents necessary toconvey the above described property,
including, but not limited
the signing of real estate purchase contracts,
to, Closing Disclosure, Affidavits. Closing
Statements, Mortgage Insurance Guaranty Forms, Deeds, or inspection reports.
Giving and granting unto my said Attorney In Fact full power and authority to do and perform all and every act and thing
whatsoever requisite and necessary to be done in and about the premises as fully to all intents and purposes as Ilwe might
or could do if personally present. hereby ratifying and confirming that my said A(tomey in Fact shall lawfully do or cause to
be done by virtue these presents.
This Power of Attorney shall not be affected by disability of the principa|(s).
1N WI ESS WHEREOF. have | hereunto set my hand this g3 day of 14V“ f . 2019.
cfi/éafirk'ejdorphew
'
f’MJ
/
Stateof Cglgnadg }
Countyof g g
)Q-E‘j ea, )
BE lT REMEMBERED, that on this I3 a day of (El (3 $3 g 1 2019. before me, the

.
subscriber, a Notary Public inand for said state. personally appeared Suzanne Momhew who acknowledged the signing
thereof to be a voluntary act and deed, for the purposes therein set forth.
IN TESTIMONY THEREOF, I have hereunto subscribed my name and affixed my officlal seal on the day and year last
aforesaid.
Nota Signature
FELIPE muse MARTINEZ
{ELI [36: I 1 Cr 113 (n er NOTARY PUBLIC - STATE 0F COLORADO
Notary Name Printed NOTARY ID 20184026963
MY COMMlSSlON EXPIRES JUN 28, 1022
My Commission expires: g
'2;
2n e Q E ,2! Egg
My County of Residence: Cl) QLEEE
laffinn, under the penalties for perjury. that have taken reasonable care to redact each Social Security number
|
in thls
document, unless required by law: J. David Clgssin.
This instrument was prepared by: Suzanne Morphew
Specie! Power ofMtomay

IND1 1 98.doc I Updated: 12.15.17 Page
Primod: 04.2219 Q
01:46 PM by JLB
1 IN-CT-FGPM—O1080.248420-CTIN1802949
EXHIBIT "A"
Legal Description
For APNIParceI lD(s): 29-02-20-000-016.000-008
PART OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 20 NORTH, RANGE 4 EAST, IN HAMILTON
COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A P.K. NAIL AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER SECTION, SAID
POINT BEING THE SOUTHEAST CORNER OF A 14.0 ACRE TRACT OF LAND RECORDED IN DEED BOOK 245.
PAGE 147 IN THE RECORDER'S OFFICE OF HAMILTON COUNTY, INDIANA; THENCE SOUTH 00 DEGREES 1B
MINUTES 39 SECONDS WEST (ASSUMED BEARING) ON AND ALONG THE EAST LINE OF SAID SOUTHEAST
QUARTER SECTION, 377.33 FEET TO A P.K. NAIL (377.14 FEET BY DEED), SAID POINT BEING THE NORTHEAST
CORNER OF A 76.52 ACRE TRACT OF LAND DESCRIBED IN DEED BOOK 336, PAGE 813 IN THE RECORDER'S
OFFICE 0F HAMILTON COUNTY. INDIANA; THENCE SOUTH 89 DEGREES 08 MINUTES 50 SECONDS WEST
PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER SECTION AND ON AND ALONG THE NORTH
LINE OF SAID 76.52 ACRE TRACT. 1162.56 FEET (1155.00 BY DEED) TO A POINT. SAID POINT BEING ON THE
EAST LINE OF A 108.736 ACRE TRACT OF LAND DESCRIBED IN INSTRUMENT NO. 8903830 IN THE RECORDER'S
OFFICE OF HAMILTON COUNTY. INDIANA; THENCE NORTH 00 DEGREES 42 MINUTES 39 SECONDS EAST 0N
AND ALONG THE EAST LINE OF SAID 108.736 ACRE TRACT. 377.40 FEET (377.17 BY DEED) TO A 5/8 INCH IRON
REBAR WITH YELLOW CAP, SAID POINT BEING ON THE NORTH LINE OF SAID SOUTHEAST QUARTER SECTION
AND ON THE SOUTH LINE OF SAID 14.0 ACRE TRACT; THENCE NORTH 89 DEGREES 08 MINUTES 50 SECONDS
EAST ON AND ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER SECTION AND THE SOUTH LINE OF
SAID 14.0 ACRE TRACT, 1159.92 FEET (1155.00 BY DEED) TO THE POINT OF BEGINNING, CONTAINING 10.06
ACRES, MORE OR LESS.
Special Power of Attorney

|ND1198.doc I Updated: 12.15.17
Q
Pdnled: 04422.19 01:46 PM by JLB
Page 2 lN-CT-FGPM—D1080.24MZO-CTIN1902949
ALL-PURPOSE ACKNOWLEDG
,
MENT
Stateof
County of
0n C’J‘II/giéfi‘lfl
g
personally appeared
(Diem: a
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ngfflze
before
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ma? \
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personally known to me OR proved to me on the basis of satisfactory evid
ence to be the person(s)whose name(s)
is/are subscribed to the
within instrument and acknowled
..
v
that he/she/they exec ged to me
uted the same in his/her/
their authorized
FEUPE ERENEO MART‘NEZ capacityfies), and that
3;
by his/her/their signature(s) on the inst
NOTARY pUBUC , STATE 0F COLORADO the person(s), or the enti rument .
a
ty upon behalf of which the
NOTARY ID 20184026963 person(s) acted,
'.
executed the instrument.

MY COMMISS|0N EXPIRES JUN 28, 2022
.1
WITNESS my hand and official seal.
Place Notary Seal or Stamp Here

‘
SIGNATURE 0F NOTARY
ATTENTION NOTARY: Although the information requ

ested bel
ow is OPTIONAL, it may prov
relying on this Acknowledgment and could prev e valuable to persons
ent fraudulent reattachment
of this certificate to another document.
DESCRIPTION OF ATTACHED DO
CUMENT
THIS CERTIFICATE m“ U“ r ”Em 55mm“
MUST BE ATTACHED
T0 THE DOCUMENT
g
DESCRIBED AT RIGHT
VENDOR'S ACKNOWLEDGMENT
STATE OF Indiana )
) SS:
COUNTY OF Hamilton )
Before me, a Notary Public in and for said County and State, personally appeared
Barry
Morphew, who acknowledged the execution of the foregoing Land Contract.
n~
Witness my hand and Notary Seal this 26 day of April, 2019
@gmuop 1 .
Signature Notary Public

James M. Collins
Printed Signature Notary Public
My Commission Expires: My County 0f Residence:

8-1 6-2022 Hamilton
STATE OF Indiana
) SS:
Before me, a Notary Public in and for said County and State, personally appeared Suzanne
Morphew by Barry Morphew, at attorney in fact, who acknowledged the execution of the
foregoing Land Contract.
Witness my hand and Notary Seal this 26‘“ day of April, 2019. .
@LLLLLLMJQ
Signature’Notary Public
James M. Collins
My Commission Expires: My County of Residence:

8-16-2022 Hamilton
10
PURCHASER'S ACKNOWLEDGMENT
STATE OF Indiana )
) SS:
Before me, a Notary Public in and for said County and State, personally appeared Matthew
T. Mullally who acknowledged the execution of the foregoing Land Contract.
\
Witness my hand and Notary Seal this 26th day of April, 2019/6Q4LLLL/LAL .D
Signature Notary Public

James M. Collins

8-16-2022 Hamilton
STATE OF Indiana ) I
) SS:
Before me, a Notary Public in and for said County and State, personally appeared Alicia
N. Mullally who acknowledged the execution of the foregoing Land Contract.
Witness my hand and Notary Seal this 26 day of April, 2019.

fligtu {{4ULJ
Signature Notary Plfblic
James M. Collins

8-16—2022 Hamilton
The instrument was prepared and afier recording return to by Steven J. Glazier, attorney at law,
Cohen Garelick & Glazier, 8888 Keystone Crossing Boulevard, Suite 800, Indianapolis, Indiana
46240, (317)-573—8888.
I affirm, under the penalties for perjury, that I have taken reasonable care t0 redact each Social
Security number in this document, unless required by law. Steven J. Glazier, Attorney
11
Exhibit “A”
(legal description)
For APNIParceI |D(s): 29-02-20-000-016.000-008

PART OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 20 NORTH, RANGE 4 EAST,
IN HAMILTON COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A P.K. NAIL AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER
SECTION, SAID POINT BEING THE SOUTHEAST CORNER OF A 14.0 ACRE TRACT OF LAND
RECORDED IN DEED BOOK 245, PAGE 147 IN THE RECORDER‘S OFFICE OF HAMILTON
COUNTY, INDIANA; THENCE SOUTH 00 DEGREES 18 MINUTES 39 SECONDS WEST (ASSUMED
BEARING) ON AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER SECTION, 377.33
FEET TO A P.K. NAIL (377.14 FEET BY DEED), SAID POINT BEING THE NORTHEAST CORNER OF
A 76.52 ACRE TRACT OF LAND DESCRIBED IN DEED BOOK 336, PAGE 813 IN THE RECORDER'S
OFFICE OF HAMILTON COUNTY, INDIANA; THENCE SOUTH 89 DEGREES 08 MINUTES 50
SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER SECTION
AND ON AND ALONG THE NORTH LINE OF SAID 76.52 ACRE TRACT, 1162.56 FEET (1155.00 BY
DEED) TO A POINT, SAID POINT BEING ON THE EAST LINE OF A 108.736 ACRE TRACT OF LAND
DESCRIBED IN INSTRUMENT NO. 8903830 IN THE RECORDER'S OFFICE OF HAMILTON
COUNTY, INDIANA; THENCE NORTH 00 DEGREES 42 MINUTES 39 SECONDS EAST ON AND
ALONG THE EAST LINE OF SAID 108.736 ACRE TRACT. 377.40 FEET (377.17 BY DEED) TO A 5/8
INCH IRON REBAR WITH YELLOW CAP, SAID POINT BEING ON THE NORTH LINE OF SAID
SOUTHEAST QUARTER SECTION AND ON THE SOUTH LINE OF SAID 14.0 ACRE TRACT;
THENCE NORTH 89 DEGREES 08 MINUTES 5O SECONDS EAST ON AND ALONG THE NORTH
LINE OF SAID SOUTHEAST QUARTER SECTION AND THE SOUTH LINE OF SAID 14.0 ACRE
TRACT. 1159.92 FEET (1155.00 BY DEED) TO THE POINT OF BEGINNING, CONTAINING 10.06
13
VENDOR'S AFFIDAVIT
STATE OF Indiana File No.: CTIN1902949
COUNTY OF Hamilton
The undersigned, being first duly sworn states that Barry

L. Morphew and Suzanne Morphew (hereinafter referred
to,
jointly and severally, as "Vendor") day conveying to Matthew T. Mullally and Alicia N. Mullally (hereinafter referred to,
is this
jointly and severally, as "Purchaser”), by Warranty Deed, the fo|lowing described Real Estate located in
Hamilton County,
Indiana:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF

and commonly known as 26040 Cal Carson Road. Arcadia, IN 46030 (hereinafter referred to as "Real Estate").
Inconnection with the sale of Real Estate, Vendor has furnished Purchaser with a commitment for an owner's
policy of title
insurance for the Real Estate with an Effective date of April 7, 2019 issued
by Chicago Title Insurance Company as
Commitment No. CTIN1902949.
Vendor has an indefeasible estate in fee simple in the Real Estate; and the Real Estate is free and clear of every kind of
description lien, lease or encumbrance except the following:
1. Easements, agreements and restrictions of record disclosed in said commitment.

2. Current taxes not delinquent.
3. Whatever matters affecting the Real Estate. if any, disclosed in the above deed.
Vendor has not executed, or permitted anyone in Vendor's behalf to execute, any conveyance, mortgage, lien,
lease.
security agreement, financing statement or encumbrance of or upon Real Estate or any fixtures attached
thereto, except
as stated above, which is now outstanding or enforceable against the Real Estate. Vendor has made no contract to
sell all
or a part of the Real Estate to any person other than the Purchaser, and Vendor has not given to
any person an optlon to
purchase all or any part of the Real Estate, which is enforceable or exercisable now or at any time in the future. There are
no unpaid claims for labor done upon or material furnished for the Real Estate in respect of which liens have been or
may
be filed. The improvements upon the Real Estate are all located entirely within the bounds of the Real Estate, and there
are no encroachments thereon. There are no existing violations of zoning ordinances or other covenants, conditions and
restrictions applicable to the Real Estate.
There is no judgment of any court of the State of Indiana or of any court of the United States that is or may become a lien
on the Real Estate. No petition for bankruptcy has been filed by or against Vendor within the last six (6) months, nor is any
petition now pending with respect to Vendor for bankruptcy, insolvency or incompetency. Vendor is neither principal nor
surety on any bond payable to the State of Indiana.
The Real Estate now

possession of Vendor and no other person has a right to possession or claims possession of all
is in
or any part of the Real Estate. Vendor will deliver possession of Real Estate to Purchaser as stated in the Purchase
Agreement. free and clear of any right or claim of any person to the possession of the Real Estate.
Vendor has not received any notices under the Indiana Unsafe Building Law (IC 36-7-9, et seq) regarding an order
to board, order to repair, order to demolish, or order to demolish a part of an improvement located on the Real
Estate or any modifications of such orders.
Vendor intends that each of the statements made in this affidavit shall be construed as a representation; each of
the representations is made for the purpose of inducing Purchaser to purchase the Real Estate; and each of the
representations, whether construed jointly or severally, is true, correct and complete. Vendor expressly
authorizes Purchaser, Chicago Title Insurance Company and all other persons to rely on such representations.
Affldavll (Vendor)
wnmn AM I Indncndv 1 1 1': 17
Printed: 04.26.19@09:12 AM by JMC
I
Pane 1 lN-CT—FGPM-O1080.246420—CTIN1902949
VENDOR'S AFFIDAVIT
(continued)
Vendor hereby requests Chicago Title Insurance Company to issue its policy or policies of
title insurance upon
said real estate without exception therein as to any pending litigation, and in consideration
thereof, and as an
inducement therefore, said Vendor does hereby, jointly and severally, agree to indemnify and
hold said Chicago
Title Insurance Company harmless of and from any and all loss,
cost, damage and expense of every kind,
including attorneys’ fees, which said Chicago Title Insurance Company shall or
may suffer or incur or become
liable for under its said policy or policies now to be issued, or
any reissue, renewal or extension thereof, or new
policy at any time issued upon said real estate, part thereof or interest therein, arising, directly or
indirectly, out
of or on account of any such pending litigation or in connection with its enforcement of
its rights under thls
agreement. All representations, agreements of indemnity, and waivers herein contained shall
inure also to the
benefit of any party insured under any policy issued by Chicago Title Insurance
Company and any action brought
hereon may be instituted in the name of Chicago Title Insurance Company or said insured or
both.
Vendor is not acting. directly or indirectly. in any capacity whatsoever for any foreign country or
national thereof. and
Vendor is more than eighteen (18) years of age and a citizen of the United States.
If Chicago Title Company, LLC issues an ALTA Homeowner’s Policy of Title Insurance, then the Vendor certifies the
following as true and correct: '
1. There have been no improvements added to the land or construction on the land within the last year.
2. There are no pending repairs or improvements to the street(s) adjacent to the land.
3. The land has a single family house/condominium and does not have a separate building, garage or
apartment used as
a second residence.
Any improvements we added to the land were authorized by a building permit.
None of the improvements on the land violate any building permits, zoning. restrictions or covenants.
71.035"?
None of the improvements on the land encroach over any building lines. easements or property lines.
No improvements by our neighbors encroach over our property lines.
8. The land has actual pedestrian and vehicular access based on the legal right of access to the land.
Vendor has not received any notification concerning the removal of any deduction or exemption that may affect
the real estate taxes pertaining to the Real Estate.
Vendor intends thatstatements made herein shall be construed as a representation; each of the
each of the
representations made
purpose of inducing Purchaser to purchase the Real Estate; and to induce Chicago Title
is for the
Company. LLC to issue its title insurance policy insuring the Purchaser in accordance with the commitment and its terms
and conditions there f; and each of the representations whether construed jointly or severally. is true. Vendor expressly
authorizes Purch s r, Chicago Title Company, LLC and all other persons to rely on such representations.
Barry'L.
MBréhew, as Attorney in Fact for
Suzanne
Morpfl
6%”
.Aflidavlt (Vendor)
nunounn AM
II Indnond- 1 1 1a 17 Pace 2
Printed: 04.26.19 @ 09:12 AM by JMC
IN-CT-FGPM-01080.246420-CTIN1902949
VENDOR'S AFFIDAVIT
(continued)
STATE OF INDIANA
COUNTY OF HAMILTON
Before me, a Notary Public in and for said Count y and State personally appeared Barry L. Morphew and Suzanne
Morphew who acknowledged ecution of the foregoing instrument, and who, havlng been duly sworn, stated
that any
representations therein con med are true.
'
Witness hand and Nota l Seal this 26th day of April, 2019.
3.9mm
Printed m‘éEMCollins
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My Commission expires: August 16, 2022 fS‘? ‘g
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IN-CT-FGPM-01080.246420-CTIN1 902949
EXHIBIT "A"
Legal Description
For APNlParceI |D(s): 29-02-20-000-016.000-008
PART OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 20 NORTH. RANGE 4 EAST, IN HAMILTON
COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'
BEGINNING AT A P. K. NAIL AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER SECTION, SAID
POINT BEING THE SOUTHEAST CORNER OF A 14. 0 ACRE TRACT OF LAND RECORDED IN DEED BOOK 245
PAGE 147 IN THE RECORDER'S OFFICE OF HAMILTON COUNTY, INDIANA; THENCE SOUTH 00 DEGREES 18
MINUTES 39 SECONDS WEST (ASSUMED BEARING) ON AND ALONG THE EAST LINE OF SAID SOUTHEAST
QUARTER SECTION, 377.33 FEET TO A P,K. NAIL (377.14 FEET BY DEED), SAID POINT BEING THE NORTHEAST
CORNER OF A 76.52 ACRE TRACT OF LAND DESCRIBED IN DEED BOOK 336, PAGE 813 IN THE RECORDER‘S
OFFICE OF HAMILTON COUNTY, INDIANA; THENCE SOUTH 89 DEGREES 08 MINUTES 50 SECONDS WEST
PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER SECTION AND ON AND ALONG THE NORTH
LINE OF SAID 76.52 ACRE TRACT, 1162.56 FEET (1155.00 BY DEED) TO A POINT, SAID POINT BEING ON THE
EAST LINE OF A 108.736 ACRE TRACT OF LAND DESCRIBED lN INSTRUMENT NO. 8903830 IN THE RECORDER'S
OFFICE OF HAMILTON COUNTY lNDlANA; THENCE NORTH 00 DEGREES 42 MINUTES 39 SECONDS EAST ON
AND ALONG THE EAST LINE OF SAID 108. 736 ACRE TRACT 377. 4O FEET (377. 17 BY DEED) TO A 5/8 INCH IRON
REBAR WITH YELLOW CAP, SAID POINT BEING ON THE NORTH LINE OF SAID SOUTHEAST QUARTER SECTION
AND ON THE SOUTH LINE OF SAID 14. O ACRE TRACT; THENCE NORTH 89 DEGREES O8 MINUTES 50 SECONDS
EAST ON AND ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER SECTION AND THE SOUTH LINE OF
SAID 14.0 ACRE TRACT. 1159.92 FEET (1155.00 BY DEED) TO THE POINT OF BEGINNING, CONTAINING 10.06
tr
'
d r
$3574:fo 3.1....“ m. mn
Pane 4 IN-CT-FGPM-m080.246420—CTIN1902949
29D01-2006-GU-000096 Filed: 6/1/2020 3:58 PM
Clerk
Ila! Huntmgtnn
PAYOFF REQU EST
Borrowers: MULLALLY, MATTHEW
Property: 26040 Cal Carson RD, Arcadia, IN, 46030
ECD: 6/6/20
Today’s Date: é a ZX. 2,0

-
Payoff Balance:
$ 2 H! 303. Z (
-
Good through: 6- ['9’ bzo
-
For each day after: {a
'
7-ZoZOp, lease add an additional $ ??-CS (Per Diem Amount).
-
Payoff proceeds should be mailed to the following address: (4.) Nxe C1 +0 -
CHDcnqe TI'HQ Cam M

7/5 3. (MM! stfcqlsgtfiqos
Camel N alwal
CO TJ/vt (a(lsufi 3‘7'X(‘{~Xg(8
Signature: C ~
‘
\
print: Cmtssmprka m- Swami“?
Please email or fax back to: Pierre.marchiani@huntington.com Or 877-790-8181
Any questions please call me at 614-480-6910
Pierre Marchiani
Mortgage Loan Processor
Phone: 614-480-6910
Fax (877)7908181
The Huntington National Bank
7575 Huntington Park Dr
Columbus, OH 43235
huntington.com
29D01-2006-GU-000096 Filed: 6/1/2020 3:58 PM
Clerk
May 29, 2020
To Whom it Concerns:
| deferred the Commission due for the sale of 26040 Cal Carson Road, Arcadia, IN 46030. At the time of
the payoff of the Land Contract, | am owed $30,000 (Thirty Thousand).
Sincerely,
C
Christopher Schulhof
The Chris Schulhof Home Selling Team
RE/MAX Realty Services

11216 Fall Creek Road, Suite 100, Indianapolis, IN 46256-9406
Office (31 7) 842-4747, Fax (317) 579—1900, T-Free (866) 342-4747

www.lndyPlace.com
m Each Office Independently Owned and Operated m.

29D01 -2006-GU-000096 Filed: 6/1/2020 3:58 PM
Chm
HanfiflonSupefiorCoun1 Hamilton County, Indiana
Mary J. Hoeller, R.N., J
Attorney At Law

Indianapolis, IN 46205—4221
Telephone: (317) 633-4002; Fax: (317) 633-1499
email: mary@attorneyhoeller.com
Page: l
Morphew, Barry May 30, 2020
19057 Puma Path Account No: 1450—OOM
Salilda CO 81201 Statement No: l
Guardianship
Pre—Bill Review Statement
Advances
05/29/20 Flat fee for uncontested guardianship per

contract 1,250. OO
Total Advances 1,250. OO
Total Current Balance Due 1,250. OO
Payments
05/30/20 Payment of retainer for services —500. OO
Total Due This Statement $750. OO
Billing History
Fees Expenses Advances Finance Charge Payments
0.00 0.00 1,250.00 0.00 500.00
Make check payable to Mary J. Hoeller

Tax I.D. Number: 46—6899251
FILED
29D01 -2006-GU-000096 June 5, 2020
CLERK OF THE HAMILTON
CIRCUIT COURT

) SS:
COUNTY OF HAMILTON ) CAUSE NO. 29D01-GU
IN THE MATTER OF THE GUARDIANSHIP OF: 04/3 0/71
ORDER APPROVING SALE OF REAL ESTATE

Barry L. Morphew, in his capacity as guardian 0f the estate 0f Suzanne Morphew, by counsel,
has moved the court t0 Approve Sale 0f Real Estate for the guardianship estate 0f Suzanne Morphew.
AND THE COURT BEING DULY advised finds:

Barry L. Morphew and his wife, Suzanne Morphew are title owners 0f real estate located at
26040 Cal Carson Road, Arcadia, IN 46030. In April 0f2019 they sold this real estate 0n land contract.
The purchasers have fully performed and have obtained a mortgage allowing title t0 be transferred.
Suzanne Morphew has been a missing person since May 10, 2020. Barry L. Morphew requests
authorization for the sale 0f this real estate for the guardianship estate.
IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED by the Court that the Motion
to Approve Sale of Real Estate for the guardianship estate of Suzanne Morphew is approved.
The guardian, Barry L. Morphew is authorized to sign all documents necessary t0 convey title
to said real estate t0 the purchasers, Matthew T. Mullally and Alicia N. Mullally.
SO ORDERED this June 5,day

20200f ,
2020.
Judge 0f the Superior Court 0f

Hamilton County, Probate Division
Distribution T0:
Mary J. Hoeller
25 19 N. Delaware St.
Indianapolis, IN 46205-4221
Mary@attorneyhoeller.com
FILED
29D01 -2006-GU-000096 June 5, 2020
CIRCUIT COURT

) SS:
COUNTY OF HAMILTON ) CAUSE NO. 29D01-GU
IN THE MATTER OF THE GUARDIANSHIP OF: 04/3 0/71

EMERGENCY TEMPORARY
ORDER APPOINTING'GUARDIAN OVER INCAPACITATED PERSON
Comes now BARRY L. MORPHEW, by his Attorney, Mary J. Hoeller, having filed his
verified petition for the appointment 0f a guardian over SUZANNE MORPHEW, Which petition is
0n file with the Court and a part of the Court’s record.
And the Court, having reviewed the petition, the various motions and consents filed therewith,
and being fully advised in the premises, now finds that the allegations contained in the petition are
true, and;
1. That SUZANNE MORPHEW resides in Colorado and cannot be located upon reasonable
inquiry.
2. That SUZANNE MORPHEW was not present at the court hearing and she cannot be
located upon reasonable inquiry, having gone missing on May 10, 2020.
3. Notice to SUZANNE MORPHEW has been waived. Notice t0 other interested parties
required under the statute and by this Court has been sent t0 all interested parties and persons as
evidenced by the e-filed receipts 0r waivers 0f notice filed herein.
4. SUZANNE MORPHEW, an adult person, 49 years 0f age, a resident 0f Chaffee County,

Colorado, residing at 19057 Puma Path, Salida, CO 8 1201 cannot be located upon reasonable inquiry
,
and is hereby found t0 be an incapacitated person under Indiana law.
5. Least restrictive alternatives such as a power 0r attorney, appointment 0f a health care

representative and representative payee will not meet SUZANNE MORPHEW’S needs as she cannot
be located.
6. SUZANNE MORPHEW is need 0f a guardian because she is the joint owner 0f real
in
estate located in Hamilton County Indiana, which is the subj ect of a land contract scheduled t0 close
0n June 6, 2020. The Petition requests authority t0 act 0n behalf 0f Suzanne Morphew With respect
t0 this transaction. It is in the best interests of SUZANNE MORPHEW that a guardian be appointed
over her t0 prevent a default 0f the land contract.
7. BARRY L. MORPHEW is a suitable person t0 serve as guardian and is fully qualified and
Willing t0 assume the duties and responsibilities 0f the guardianship.
8. All of the requirements for the appointment of a guardian as set forth in the Indiana Code
have been satisfied and BARRY L. MORPHEW is entitled to be guardian of SUZANNE
MORPHEW and is so appointed without any limitations as to his duties, responsibilities, or powers.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that:
1. SUZANNE MORPHEW by reason of the fact that she cannot be located upon reasonable
inquiry is unable to manage her financial affairs and specifically to close on a land contract pertaining
to real estate located in Hamilton County, Indiana. She is therefore adjudicated to be an incapacitated
person, and a guardian over her is necessary.
2. BARRY L. MORPHEW is the most qualified and suitable person available to serve as
guardian and is hereby appointed as the guardian of the of SUZANNE MORPHEW
3. BARRY L. MORPHEW shall serve as guardian upon taking an oath before the
Clerk of this Court. The guardian xxxx
shall / shall not be required to post bond in the amount of
_____________________________________________________ Dollars ($ ).
3. Upon taking such an oath, the Clerk of this Court is directed to issue Letters of
Guardianship of the ESTATE to BARRY L. MORPHEW without any limitations as to the guardian’s
authority and the guardian is authorized to exercise all powers and duties as a guardian over the
ESTATE under Indiana Code § 29-3-8-2(a)(1)-(9), Indiana Code §29-3-8-3 and Indiana Code §29-
3-8-4.
June 5,DAY
ALL OF WHICH IS ORDERED THIS _________ 2020 OF _______________________, 2020.
__________________________________
Judge of the Superior Court of
29D01 -2006-GU-000096
TEMPORARY LETTERS 0F GUARDIANSHIP 0F THE ESTATE 0F

SUZANNE MORPHEW
(DOB 04/30/71)
EXPIRES 9/3/2020
CAUSE No. 29D01— 2006-GU-00096
STATE 0F INDIANA, HAMILTON COUNTY, SCT:
This is to certify that the Probate Judge of the HAMILTON Superior Court, Probate
Division, HAMILTON County, Indiana, has this day granted t0:
BARRY L. MORPHEW
the authority to administer the guardianship 0f the ESTATE of
SUZANNE MORPHEW
A guardian ofthe ESTATE is authorized t0 exercise those powers set out in

Indiana Code §29-3-8-2(a)(1)(6)(7)(8) and (9); and, Indiana Code §29-3-8-4(1)-
(1 0), inclusive.
A guardian has n0 authority t0 do any act not specifically authorized herein

except With the prior written permission 0fthe court.
Further limitations 0fthe guardian's authority are as follows: None.
Said guardianship shall extend until terminated as provided by law, and the said
BARRY L. MORPHEW having duly qualified as such Guardian is duly authorized to take upon
herself the performance of the duties of the trusts 0f such Guardianship, according to law.
Dated: June 5, 2020
CLERK, HAMILTON COUNTY SUPERIOR

COURT, PROBATE DIVISION
NOTICE
The law requires that the Guardian 0f the estate 0f an incompetent person:
1. File in the Clerk's office, within two months after appointment, a EW
verified inventory and appraisement 0f all
0f the property 0f the ward.
2. File With the Court, biennially within 30 days after the anniversary date 0f his appointment, and also within
30 days after the termination 0f this appointment, a written verified account 0f his administration.
FILED
June 5, 2020
CIRCUIT COURT
STATE 0F INDIANA ) 1N THE HAMILTON SUPERIOR COURT No. 1
) ss:
COUNTY 0F HAMILTON ) CAUSE N0. 29D01—2006—GU—000096
THE GUARDIANSHIP
IN RE OF: )
SUZANNE MORPHEW. )
ORDER SETTING VIDEOCONFERENCE HEARING

Due to the COVID-19 Emergency, and pursuant to the authority granted under
Orders issued by the Indiana Supreme Court granting emergency relief pursuant to
Administrative Rule 17, the Court now schedules a hearing to be conducted as a
Microsoft Teams Videoconference Hearing on for September 1, 2020 at 10:00am. With
30 minutes allotted. The hearing will be conducted 0n record concerning PETITION
FOR APPOINTMENT OF GUARDIAN OVER SUZANNE MORPHEW A MISSING
PERSON filed on June 1, 2020 and related pleadings. In person appearances are not
permitted.
The following are the Court’s standard instructions as to all Videoconference
hearings:
1. Counsel and/or self—represented litigants shall, within 3 days of their receipt of

this Order, provide court staff with the email address 0f counsel, parties and any
Witnesses/interested persons who are to appear for the hearing. This information
shall be emailed t0 Kathy Moorhous at Kathy.M00rh0us@hamiltoncountv.ingov
and copied to Monica.Mosbaugh@hamiltoncountv.in.gov and shall reference the
cause number and date and time of the hearing. Counsel/parties may contact the
court thereafter by email to add additional email addresses if necessary;
2. After all email addresses have been provided, the Court will issue an email
invitation for the Video conference to each email address. The person receiving
the email should click on “accept”, which will set the event on the recipient’s
outlook calendar and will include the required link for the videoconference. If the
recipient does nothave an outlook calendar, they will need t0 access this email at
the time and date 0f hearing and click 0n the link within the email t0 join the
hearing. No special “app” or program is needed by the recipient t0 participate in
the Videoconference;
Counsel may 0r may not have their clients present at the same location as counsel
for the purpose0f the Videoconference (subject to any limitations/prohibitions
issued by Executive Order of Governor Holcomb 0r Order 0f the Indiana Supreme
Court);
A11 participants in the Videoconference must ensure a quiet environment for the
duration of the hearing, and will also have the ability to mute themselves when
not speaking/testifying t0 minimize background noise;
N0 person participating in the Videoconference hearing is permitted to record the

hearing by any means, except for the Court. The Court Will be recording the
audio of the hearing in the same manner as in-court hearings t0 maintain the
record in the case;
For the best results as t0 audio and Video quality, participants should utilize a lap
top computer (that is not connected to a desk top computer) for the hearing;
Videoconferences are “on-the record” court hearings — all participants are

expected to conduct themselves in the same manner as if they were present in the
courtroom;
Any questions regarding the process should be directed t0 court staff well in
advance 0f the hearing, and Court staff will do their best t0 answer your questions
and assist in the process;
If any exhibits are anticipated:

a. A11 potential exhibits must be pre-marked With exhibit letter/number for
identification;
b. A11 potential exhibits shall be exchanged by counsel/parties at least 48
hours prior t0 the hearing;
c. Counsel/parties must provide exhibits to each party/witness that Will be
testifying as to the exhibit prior t0 the hearing;
d. A11 pre-marked potential exhibits must be provided t0 the Court by email
to Kathy Moorhous at least 48 hours prior t0 hearing. These potential
exhibits are not part of the record in the case unless specifically addressed
While 0n the record during the hearing. Potential exhibits received by the
Court in advance of the hearing but not referenced on the record in the
hearing Will not be maintained.”
so ORDERED this
SO 5th
S‘h
day of June, 2020
NJ 1/8“-
Michael A. Casati, Judge
MM
Hamilton Superior Court No. 1
DISTRIBUTION:
Per CCS
SS:
COUNTY OF HAMILTON 3 CAUSE NO. 29D01-2006-GU-00096
NOTICE OF THE FILING OF INVENTORY AND SALE OF REAL ESTATE
BARRY L. MORPHEW, Temporary Guardian of Suzanne Morphew, by his attorney, Mary

J. Hoeller, and pursuant t0 LR29-PROO-706. 1 0, notifies the court he has filed an inventory ofproperty
0f the protected person located in the State 0f Indiana.
He also notifies the court that pursuant t0 its Order dated June 5, 2020, real property located
at 26040 Cal Carson Road, Arcadia, IN 46030 has been sold. Attached as Exhibit A is the
disbursement information for this sale.
/s/ BARRY L. MORPHEW, Temporary

Guardian 0f Suzanne Morphew
I hereby affirm under the penalties of perjury that the facts contained in the foregoing
are true t0 the best 0f my knowledge, information 0r belief.
/s/ BARRY L. MORPHEW, Temporary

Guardian of Suzanne Morphew
Prepared By:

25 1 9 N. Delaware St. 3 17-633-4002
mary@att0rneyhoeller.com
In Re: Guardianship of Suzanne Morphew
Chicago Title Company, LLC 29D01-2006-GU-00096
Cause Number:
715 W. Carmel Drive, Suite 203, Carmel, IN 46032
Phone: (317)814-85221 Fax: (317)815-3880
SELLER'S STATEMENT
Settlement Date: June 23, 2020 Escrow Number: CTIN2003843
Disbursement Date: June 29, 2020 Escrow Officer: Jim Collins
Email: Jim.Collins@ctt.com
Borrower: Matthew Mullally and Alicia N. Mullally
26040 Cal Carson Rd
Arcadia, IN 46030
Seller: Barry L. Morphew & Barry L. Morphew as Guardian for Suzanne Morphew
19057 Puma Path
Salida, CO 81201
Seller: Barry T. Morphew, as Guardian over the estate and person of Suzanne Morphew, a protected
person, Cause Number 29D01-2006-GU-000096
19057 Puma Path
Salida, CO 81201
Property: 26040 Cal Carson Rd
Arcadia, IN 46030
Section: 20 Township: 20 Dir: N Range: 4 Dir: E APN/Parcel ID(s): 29-02-20-000-016.000-008
$ DEBITS $ CREDITS
PRORATIONS/ADJUSTMENTS
Land Contract Payoff 712,926.42
TITLE & ESCROW CHARGES
Title - Deed Prep Fee Chicago Title Company, LLC 75.00
PAYOFFS
Payoff of First Mortgage Loan Huntington National Bank
($442,746.17)
Total Payoff 442,746.17
MISCELLANEOUS CHARGES
Attorney Fees Mary J. Hoeller 750.00
Guardinship Filing
May 2020 Taxes & Asmts Hamilton County Treasurer 3,660.12
Real Estate Commission RE/MAX Realty Services 30,000.00
Subtotals 477,231.29 712,926.42

Balance Due TO Seller 235,695.13
TOTALS 712,926.42 712,926.42
Exhibit A
Page 1 of 1 (CTIN2003843/48) July 02, 2020 08:58 AM
Filed: 7/6/2020 7:16 PM
Clerk
STATE OF INDIANA )
IN THE HAMILTON SUPERIOR COURT
)SS: PROBATE DIVISION
CAUSE NO. 29D01 -2006—GU—000096
IN THE MATTER OF THE GUARDIANSHIP )
SUZANNE R. MORPHEW, MISSING PERSON )
GUARDIAN'S FIRST INVENTORY
The total amount of bond 'on file is $ O per court order.
The following items are all the property of the PROTECTED PERSON in the State of Indiana
of which the guardian has knowledge. Any encumbrances, liens and other charges
on any item are also stated.
|. Real Property
0 E. 236th Street, Cicero, IN 46034 --- $300,000.00
held jointly with Guardian, Barry L. Morphew, as husband and wife
||. Furniture and Household Goods $0.00
|||. Corporate Stock $0.00
IV. Mortgages, Bonds, Notes, Other Written Evidence of Debt $0.00
V. Bank Accounts, Money, Insurance policy to Estate
VI. All Other Property $0.00
TOTAL ASSETS $300,000.00
Date 7/6/2020
| affirm, under the penalties for perjury, that the foregoing inventory contains a complete statement
of the protected person's estate in Indiana to the best of my knowledge listed at its
fair market value.
ls/ Barry L. Morphew, Temporary Guardian of Suzanne R. Morphew
Mary. J. Hoeller (Atty. No. 8639-49)

Attorney for Guardian
Page 1 of 1
FILED
September 1, 2020
CIRCUIT COURT

) SS:
COUNTY OF HAMILTON ) CAUSE NO. 29D01-2006-GU-000096
IN THE MATTER OF THE GUARDIANSHIP OF: 04/30/71
ORDER APPOINTING PERMANENT GUARDIAN OVER INCAPACITATED PERSON
BARRY L. MORPHEW, by his Attorney, Mary Hoeller, has previously filed his verified J.
of a guardian over SUZANNE MORPHEW, which petition is 0n file

petition for the appointment
with the Court and a part 0f the Court’s record.
And the Court, after reviewing the petition, the vafious motions and consents filed therewith,
had granted temporary guardianship 0n June 5, 2020 with Letters t0 expire 0n September 3, 2020.
Petitioner duly filed his inventory With the court 0n July 6, 2020, indicating he is the joint
owner with the protected person 0f property located at 0 E. 236th Street, in Cicero, Hamilton, County
Indiana.
After hearing on September 1, 2020, the Court now finds:
1. SUZANNE MORPHEW by reason 0f the fact that she cannot be located upon reasonable
inquiry is unable to manage her financial affairs, including property in Indiana jointly held with
Petitioner, Barry L. Morphew. She is therefore adjudicated to be an incapacitated person, and a
guardian over her is necessary.
2. BARRY L. MORPHEW is the most qualified and suitable person available to serve as
guardian and is hereby appointed as the guardian of the 0f SUZANNE MORPHEW
BARRY L. MORPHEW shall serve as guardian upon taking an oath before the Clerk 0f
M
3.
this Court. The guardian / shall not be required t0 post bond in the amount 0f
Dollars ($ ).
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that:
4. Upon taking such an oath, the Clerk of this Court is directed t0 issue Letters 0f
Guardianship 0f the ESTATE t0 BARRY L. MORPHEW Without any limitations as t0 the guardian’s
authority and the guardian is authorized t0 exercise all powers and duties as a guardian over the
ESTATE under Indiana Code §29-3-8—2(a)(1)-(9), Indiana Code §29-3-8-3 and Indiana Code §29-
3-8-4.
September 1, 2020
ALL OF WHICH IS ORDERED THIS D.
__________________________________
Judge of the Superior Court of
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Filed: 1/11/2021 10:09 AM
Clerk
STATE 0F INDIANA ) 1N THE HAMILTON SUPERIOR COURT

) ss:
COUNTY 0F HAMILTON ) CAUSE N0. 29D01-2006-GU-000096
IN THE MATTER OF THE GUARDMNSHIP OF :
VERIFIED MOTION TO WITHDRAW REPRESENTATION
Attorney Mary J. Hoeller, having previously entered her appearance on behalf 0f Barry
Morphew, now moves the court for leave to withdraw her appearance pursuant to Indiana Rules
of Professional Conduct 1.16(b).
This notice is in compliance with Trial Rule 3(H). There are n0 hearings or pleading
deadlines. The 10-day notice letter is attached hereto. Barry Morphew’s current address, phone
number and email is:
Barry Morphew
19057 Puma Path
Salida, CO81201
3 17-995-2426
(barryleemorphew@gmail.com)
Wherefore, Mary J. Hoeller, moves the court for an Order authorizing her withdrawal as
counsel for Barry Morphew.
Respectfully Submitted,
mflfi-
25 19 N. Delaware St.
marv@att0rnevhoeller.com
I swear and affirm under penalties of perjury the foregoing representations are true.
Mary J. Hoeller
CERTIFICATE OF SERVICE
I certify that on January 11, 2021, I electronically filed the foregoing document using the
Indiana E-Filing System (IEFS).
|I also certify that on January 11, 2021 I notified the following Via email communication
of the filing of this Petition:
Barry Morphew, Petitioner and Husband Mallory Morphew, Adult Daughter

19057 Puma Path 19057 Puma Path
Salida, CO 8 1201 Salida, CO 3 1201
317-995-2426 317-995-2526
(ban'yleemorphew@gmail.com) 3 1 7-3 85-53 84 (cell)
mallory@wesern.com
jbishop@cgglawfirm.com
”WJ—
Mary J. Hoeller, 8639-49
Filed: 1/11/2021 10:09 AM
Clerk
I
MARY HOELLER
“mng-Nq
J.
].D., NCG
December 30, 2020
TEN DAY NOTICE OF WITHDRAWAL
Via Email and First Class Mail
Barry Morphew
19057 Puma Path
Salida, CO 81201
In Re: Guardianship of Suzanne Morphew

Cause Number: 29D01-2006-000096
Dear Barry,
I can no longer represent you and I provide this letter as my ten

(10) day notice 0f Withdrawal under Indiana Rule of Trial Procedure 3(H). You do not have an
outstanding invoice.
Your successor counsel can feel free t0 contact me for any information needed. However,
the pleadings in the guardianship should be enough t0 allow another attorney t0 take over.
Best Wishes,
”Way‘-
Mary J. Hoeller
MjthH
2519 N. DELAWARE ST., INDIANAPOLIS, IN 46205-4221

E MARY@ATTORNEYHOELLERCOM L 317—633—4002
® www.ATTORNEYHOELLER.COM 317—633—1499
FILED
January 11, 2021
CIRCUIT COURT

SS:
COUNTY OF EXIAMILTON § CAUSE NO. 29D0}-2006—GU—000096
IN THE MATTER OF THE GUARDMNSPHP OF:
ORDER ON MOTION TO WITHDRAW REPRESENTATION
Mary J. Hoeller, counsel for Barry Morphew, having moved the court for leave to withdraw
as his counsel. And the court having read the verified motion and being duly advised NOW FINDS
that said Motion is meritorious and should be granted.
It is therefore, Ordered Adjudged and Decreed that the appearance of Mary J. Hoeller is
hereby Withdrawn.
January 11, 2021

So Ordered:
Judge, Hamilton County Superior Court
Distribution to
Barry Morphew
Mallory Morphew, Adult

Daughter mallory@wesern.com
'.
29001 - 2006 — GU — 000096

1
'
ADM PROP
#_____._/
‘
Proposed Order
2927513
i NNNHN |||\|l|||H|l|H|l|||fl
FILED
January 11, 2021
CIRCUIT COURT

SS:
COUNTY OF EXIAMILTON § CAUSE NO. 29D0}-2006—GU—000096
IN THE MATTER OF THE GUARDMNSPHP OF:
ORDER ON MOTION TO WITHDRAW REPRESENTATION
Mary J. Hoeller, counsel for Barry Morphew, having moved the court for leave to withdraw
as his counsel. And the court having read the verified motion and being duly advised NOW FINDS
that said Motion is meritorious and should be granted.
It is therefore, Ordered Adjudged and Decreed that the appearance of Mary J. Hoeller is
hereby Withdrawn.
January 11, 2021

So Ordered:
Judge, Hamilton County Superior Court
Distribution to
Barry Morphew
Mallory Morphew, Adult

Daughter mallory@wesern.com
'.
29001 - 2006 — GU — 000096

1
'
ADM PROP
#_____._/
‘
Proposed Order
2927513
i NNNHN |||\|l|||H|l|H|l|||fl
Filed: 1/20/2021 11:42 AM
Clerk

SS:
COUNTY 0F HAMILTON; CAUSE NO. 29D01-2006-GU-000096
IN THE MATTER OF THE GUARDIANSHIP 0F )
SUZANNE MORPHEW, ADULT, MISSING PERSON g
PETITION FOR APPROVAL 0F REAL ESTATE TRANSACTIONS

OR IN THE ALTERNATIVE PETITION FOR INSTRUCTIONS
Barry L. Morphew (the “Gua1‘dian”), being first duly sworn, respectfully represent to the
Court as follows:
1. Barry L. Morphew was appointed temporary guardian of his missing wife, Suzanne
Morphew (“Suzanne”) 0n June 5, 2020 and Temporary Letters of Guardianship (“Temporary
Letters”) were issued by the Court on that date. A copy of the Temporary Letters is attached as
Exhibit A.
2. On September 1, 2020, the Court entered an Order making the temporary Guardianship
permanent and authorizing the issuance of letters upon the Guardian filing an additional oath.
3. Due t0 an oversight, the additional oath was not filed with the Court and Letters of
Guardianship were not issued at the time the order was entered.
4. Filed concurrently with this petition is the Acceptance and Oath of Guardian Appointed
Over Estate of Missing Person.
S. The Guardian reasonably believed he has had the authority t0 act under the
Guardianship since June 5, 2020.
6. Suzanne is a resident of the State 0f Colorado and the sole purpose for opening an
Indiana Guardianship was to obtain Court approval to complete the sale of Indiana real estate
owned by Barry and Suzanne.

7. The Temporary Letters of Guardianship stated there were n0 limitations on the
Guardian’s authority.
8. The Guardian’s First Inventory filed with the Court 0n July 6, 2020 did not list the real
estate subject t0 the land contract referenced in the original petition. The First Inventory listed
real estate owned jointly by Barry and Suzanne as husband and wife located on 236‘“ Street, Cicero,
Indiana (the “Cicero Real Estate”).
9. Due t0 the language 0n the Temporary Letters and the inclusion of the Cicero Real
Estate on the First Inventory, the Guardian believed he had the authority to administer the Cicero
Real Estate under the Guardianship.
10. On July 24, 2020, the Guardian quitclaimed the Cicero Real Estate from himself and
Suzanne as husband and wife t0 himself alone. A copy 0f the Quitclaim Deed is attached hereto
as Exhibit B.
11. The purpose ofthe Quitclaim Deed was not to defraud or conceal guardianship assets.
The Guardian prepared the Quitclaim Deed t0 facilitate the future sale 0f the real estate so that
only one set 0f signatures would be required. At the time the Quitclaim Deed was prepared, he
reasonably believed he had the authority to make such a transfer as shown by his signature as
Guardian and reference to the Guardianship cause number.
12. The Guardian did not realize at the time that he needed a Court order t0 transfer the
Cicero Real Estate.
13. On December 17, 2020, Barry sold a portion ofthe Cicero Real Estate to a third pafly.
A copy 0f the Second Quitclaim Deed is attached hereto as Exhibit C.
14. A purchase agreement for the remaining portion 0f the Cicero Real Estate was entered
into by Barry. A copy 0f the Purchase Agreement is attached hereto as Exhibit D.

15. In preparing the title work for the sale of the remaining Cicero Real Estate, the title
company discovered there was no order from the Court authorizing the transfer or sale of the
Cicero Real Estate and brought it to the Guardian’s attention.
16. As soon as the Guardian discovered he should have obtained a Court order prior to
transferring the Cicero Real Estate, he consulted with his prior counsel. His prior counsel filed
her withdrawal 0f appearance which was granted by this Court.
17. The Guardian obtained new counsel and is asking the Court t0 rule on the sale of the
remaining Cicero Real Estate and retroactively approve the prior transfers of the Cicero Real
Estate.
18. The closing for the remaining Cicero Real Estate is scheduled for the end 0f January,
2021.
19. The Cicero Real Estate was owned as husband and wife, so any sale proceeds would
not be subject to a guardianship proceeding.
20. Once the sale of the Cicero Real Estate is completed, Suzanne will have n0 other
property located in the State of Indiana and the Guardian will petition the Court t0 close the Indiana
guardianship.
21. If the Court will not retroactively approve the prior real estate transfers, the Guardian
requests instructions from the Court as t0 how t0 proceed.
WHEREFORE, the Petitioner prays the Court to enter an order:
1. Retroactively approving the prior transfer 0f the Cicero Real Estate by the Guardian;
2. Retroactively approving the sale of a portion 0f the Cicero Real Estate;
3. Alternatively, t0 provide instructions as t0 how to proceed if the prior transactions for
the Cicero Real Estate are not retroactively approved by the Court;
4. Approving the sale of the remaining Cicero Real Estate as contemplated under the
purchase agreement;
5. For all other relief which is proper in the premises.
Barr§ L. Morphewy
Subscribed and sworn to before me by Bar . Morphew as Guardian 0f the Estate 0f

SuzTEe Mjrphew, who acknowledged the exe tio 0f for goi petition all at this date
My Commission Expires:
My Countygf Residence:
Sgnmm
(Printed Signa‘t'ure)
4L S&n/LLS
M 0A (An
'
Steven J. G1§21er (#7962 49) - , _

AMES
SN; #06,
"""
SANPESMA. SAmi 01 mama
Cohen Garellck & GlaZIer 53f” €23wa Marion Counw
8888 Keystone Crossing, Suite 800 WSEAL '5
30
“ff'é'mnmgugnjgzgues
Indianapolis, Indiana 46240 °”éf’,fi}§$§\‘° December 22. 2025
(317) 573-8888
(317) 574-3855 (fax)
sglazierdbcmlawfirm.com
29001 -2006-GU-000096 Filed: 1/20/2021 11:42 AM
Clerk
TEMPORARY LETTERS OF GUARDIANSHIP OF THE ESTATE OF

SUZANNE MORPHEW
(DOB 04/30/71)
EXPIRES 91312020
CAUSE NO. 29D01- 2006-GU-00096
STATE OF INDIANA, HAMILTON COUNTY, SCT:
This is to certify that the Probate Judge of the HAMILTON Superior Court, Probate
Division, HAMILTON County, Indiana, has this day granted to:
BARRY L. MORPHEW
the authority to administer the guardianship of the ESTATE of
SUZANNE MORPHEW
A guardian ofthe ESTATE is authorized to exercise those powers set out in

Indiana Code §29~3-8-2(a)(l)(6)(7)(8) and (9); and, Indiana Code §29-3-8-4(l)—
(10), inclusive.
A guardian has no authority t0 do any act not specifically authorized herein

except with the prior written permission ofthe court.
Further limitations ofthe guardian's authorit y are as follows: None.
Said guardianship shall extend until terminated as provided by law, and the said
BARRY L. MORPHEW having duly qualified as such Guardian is duly authorized to take upon
herself the performance of the duties of the trusts of such Guardianship, according to law.
Dated :
June 2020
5,
<=§<éfiki\~2§§§<iéu;e§.‘|\$segjétth‘:
CLERK, HAMIg C'oéflgégY SUPERIOR

COURT, 131103ng DIVISION:I
-..:'=SEAL
I;
"llslz
'1‘-
NOTICE t
Ill
The law requires that the Guardian ofthe estate of an incomp aligns
l. File gwfiaq
m the Clerk' s office, within two months afier appointmen erifieEWfiventory and appraisement of all
ofthe property of the ward.
2. File with the Court, biennially within 30 days afier the anniversary date of his appointment, and also within
30 days afier the termination of this appointment, a written verified account of his administration.
Filed: 1/20/2021 11:42 AM
Clerk
DULY ENTERED FOR TAXATION

Subject to final acceptance for transfer
_?—_‘i_dayof 2019
“ Pg‘JWL 777 MhuditqrofflamiltonCounly
arcel #050om -w~5| 00 col 0a) 202M480“ 0U:
37/24/2020 04:19:35? ssggéw
s
05. 030- 05.9! 0°. 008 000 Jennifer Hayden

HRHILTON County Recorder IN
Record ed as
lllllllllllllNlllllillllllllilllllllHillIFIHIIIHIIHIIWIIIIIIM
Quitclaim Deed
aaconoma REQUESTED BY bwrrg W10 (Eben)
AND WHEN RECORDED MAIL TO:
9a W ‘4 m0 {l7 he b0 , Grantee(s)
P1 061 9“ m o» Pam
5&1: da- vl C0 8|}Ol
Consideration: $
Property Transfer Tax: $
Assessor's Parcel No.2 O 2‘09 “0%6l'W“ 00 l 000
PREPARED BY: Banjl moi”? h '6 W certifies herein that he or she has prepared
this D
7— 27» 2a
Signfiture of Preparer Date of Preparation
34’6“,“ Morpéep
Printed Name 6f Preparer
THIS QUITCLAIM DEED. executed on WM WW 9030 "in the County of

H’Qmin'on ,State of Md» «nae
by Grantor(s). 30W“ L‘— s Mm Vi fl 6K m0 r9146“)
Pm
.
whose post office address“Is MO 1 J VOW”) 30 IidtL. (,0 Kl’h’O! ,
to Grantee(s), Barm W1 orp he Lo - .
whose post office address'Is [0106—] ?IM’YWL‘JP41W (364.11 $0» , OD g '30] .
WITNESSETH,matthe said Grantor(s), 3’7"”? J .Qz 4w~c ”WALK

'
good c nsideration and sum

($L)
for for the of
does hereby remise, release and quitciaim unto the said Grantee(s)
_
paid by the said Grantee(s). the receipt whereof is hereby acknowledged,

forever. all the right. title
©Smaflewnl LFZN Ounclllm Deed 7-11. Pa. 1 of 4

interest and claim which the said Grantor(s) have in and to the following descriFadKlparcel of
01W.“
land and improvements and appurtenances thereto”In the County of
State of a and more specifically described as set forth in EXHIBIT "A"
to this Quitciaim Deed, which is attached hereto and incorporated herein by reference.
IN WITNESS WHEREOF, the said Grantor(s) has signed and sealed these presents the day and
year first above written. Signed. sealed and delivered in presence of:
3M
Signature'of Grantor
3*) rryL'Mv ’P [um

éM/Wm/rw
Signature of'Second firantor
@zhm, Mtgplzw quara/M g/fimnfl 3/

(if applicable)
Print Namd of Grantor

'
Print Néme of Second Grdot’or (if applicable) M0714—
Aafi 72m; goM/Mx‘éw (nose AV gee a /- Zoofi_6u.-woo‘rfi
Signature of First Witness to Grantor(s) Signature of Second Witness to Grantor(s)
Print Name of First Witness to Grantor(s) Print Name of Second Witness to Grantor(s)
GRANTEE(S%’
Sigr{ature of Grantee Signature of SeCOnd Grantee (if applicable)
gfi/fy W/‘flécw
Print Name of grantee Print Name of Second Grantee (if applicable)
Signature of First Witness to Grantee(s) Signature of Second Witness to Grantee(s)
Print Name of Flrst Witness to Grantee(s) Print Name of Second Witness to Grantee(s)
©Smaru.egalrorms mas nunclaim need 7-11. Pg. 2 ol 4

NOTARY ACKNOWLEDGMENT
State of :1“le
County of Harm H’O n
On 311w {M 4 1010 before me, Soauta at [0% a notary
public in arid for said state. personally

,
(mm m0 (fl w}.
appeared, a” “Milan
.
w
Emma: {VWQVWU
'
who are known to me (or proved to me on the basis of satisfactory evidence) to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they ex-
ecuted the same in their authorized capacities, and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNEE my hand
WWI.
Signaturé of Notary
Afiiant Known Produced ID

V/
Type ofro DHVMS UCMgfi— (Seal)
:gg‘u'f, PAULA L ELLIOTT

é' ,
NOTARY PUBLIC
{H.551 2t HAMILTON COUNTY
’
31"“?
With?
fl, .;-
E
MY COMMISSION EXPIRES
DECEMBER 6. 2025
'I afim, under the penahies for perjury, gm: I 1mg

.
taken reasonable care to redact each $0031 Secusny

number in thisdocument. equnedby law.
(namei ’g/M
©Smmgamms U298 aunclaim need 7-17. pg. 3 o: a

Tract III - Pare No. 03-06-04-52-00-004.002
'
Part of the west half the southeast quarter of Sec n 4, Township l9 North, Range 4 Bast,
Hamilton County, Indi being described as f ows:
Commencing at a stone at the met of said southeast quarter of Section 4, Township

l9 North, Range 4 East; thence the est line of said southeast quarter nonh 00 degrees 58
minutes 52 seconds cast (assumed aring) 816.95 feet to a 5/8" iron rod with yellow cap
stamped MILLER SURVEYIN , the e north 89 degrees 08 minutes 39 seconds cast 500.41
'
feet to the point of be innin f this desc tion; thence arallel with the west line of said
southeast quarter nort 0 agrees 58 minu 52 secon s east 565.29 feet; thence north 89
degrees 08 minutes 39 conds east 839.21 fee o the east line of the west half of said southeast
quarter; thence on d east line south 01 degree minutes l7 seconds west 565.31 feet; thence
south 89 degree 8 minutes 39 seconds west 838.5 ct to the point of beginning, containing
10.88 acres, ore or less.
Co nly known as vacant land on Cammack Road, Cicero, IN 46034.
Tract IV - Parcel No. 03-06~04-5l~00—001.000
Part of the northwest quarter of Section 4, Township l9 North, Range 4 East, beginning at the
northwest comer of said Section 4, and run cast 30 rods, 14 links; south 105 rods and 2 links;
¢ west 30 rods and 14 links; north 104 rods and 10 links to beginning. containing 20 acres.
96"
Commonly known as vacant land on 236“" Street, Cicero, IN 46034.
Trgc; V -
Parcel No. 03-06-05-51-00-008.000
Lot 3 McGills’ Place Exempt I Type B Subdivision, part of the NE 1/4, Sec 5-19-4, Jackson
Township, Hamilton County, Indiana, described as follows:
A part of the norgheast quarter of Section 5, Township

19 North, Range 4 East,'located in
Jackson Townshlp, Hamilton County, Indiana, being described as follows:
Commencing at the Harrison marker at the southeast comer of the southeast quarter of Section
32, Township 20 North, Range 4 East; thence south 86 degrees 12 minutes 12 seconds west
(assumed bearing) 80.1! feet to the mag nail at the northeast comer of the northeast quarter of
Section 5, Township 19 North, Range 4 East. AID mag nail also being the point of beginning for
the tract of real estate herein described; thence south 86 degrees 12 minutes l2 seconds west
44_1 .00 feet on and along the north line of said northeast quarter; thence south 00 degrees 15
minutes 23 seconds cast 989.64 feet to a 5/8" iron rod with yellow cap stamped MILLER
SURVEYING, thence nonh 86 degrees 12 minutes 12 seconds east 443.73 feet to a 5/8" iron rod
with yellow cap stamped MILLER SURVEYING on the east line of said northeast quarter;
thence north 00 degrees 24 minutes 51 seconds west 989.48 feet to the point of beginning
containing 10.03 acres, more or less. (Also known as Lot 3 in Hamilton Estates)
EXCEPT:
A part of the northeast quarter of Section 5, Township l9 North, Range 4 East, located in
Jackson Township, Hamilton County, Indiana, being described as follows:
Commencing at the southeast corner of the southeas! quaner of Section 32, Township 20 North,
Range 4 East; thence South 86 degrees 12 minutes 12 seconds west (assumed bearing) 80.11 feet
to the northeast comer of the northeast quarter of Section 5, Township l9 North, Range 4 East;
thence south 00 degrees 24 minutes 51 seconds east 60.10 feet on and alon the east line of said
northeast quarter to the point of beginning of this description, said point being on the south right-
442.53 feel parallel with the north line ofsaid northeast quarter; thence north W00
of-way of236‘“ Street; thence south 00 degrees 24 minutes 51 seconds east 493.79 feet on and
along the east line of said northeast quarter; thence north 86 degrees 12 minutes 12 seconds west
minutes 23 seconds west 493.87 feet to the south right-of—way of said 236‘" Street, thence north
86 dcyees 12 minutes 12 seconds east 441.17 feet parallel with the north line ofsaid northeast
3
)
quarter to the point of beginning containing 5.0 acres, more or less.
Commonly knovm as vacant land ofi 236‘“ Street, Cicero, IN 46034.

Filed: 1/20/2021 11:42 AM
Clerk
DULY ENTERED FOR TAXATION

Subject to fin?- gcceptance
W
for transfer
day 0f i 'ZOLO zemezaas ouncmm ssggsoo

59p
v 4”“; '77? MAuditorofHamiftonCounly figflggzgagfieia
IN
6) Parcel 95* HnmLTON county“2:32?”
llll“IIllllllIllIllllII“!lllllflllllllll|||l|l|li||||l||||lli|ll||lI
Quitclaim Deed
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
/ 0 1"" 3’ oo’V’VA 6W6, Grantee(s)
$7 73" e. 2. z a "Z
Qafr-a
Consideration:
m
$m I 4,16 03’ V
Property Transfer Tax: $
Assessor’s Parcel No.:
PREPARED BY: certifies herein that he or she has prepared
/Z — /7— Zodo
Date of Preparation
84724 v z.
Printed Name’of Preparer
”706%ka
THIS QUITCLAIM DEED, executed on / Z“ / 7‘2!) ZO in the County of
hm /4n ,State of Ma/flrv/s»

by Grantor(s), [gmy / MDM/féw
whose post office /?&$‘7 pL/MA- PA’W/ 5341/0/47 Cc? f/Z&/
address is/
to Grantee(s) ’70? {WIVES 4— ”ANNA «J gw_fi

whose post office address is {7/ 77;- Zé 7 34 ’2 57 C‘C/Eflo QJ. 91403;]
WITNESSETH,
for good consideration and
that the said Grantor(s),
for. the sum of J

'
My ,
($ fig @ L
‘29 )paid by the said Grantee(s), the receipt whereof is hereby acknowledged,
does hereby remise, release and quitclaim unto the said Grantee(s) forever, all the right. title
©5ma‘fl-993F0tms um auucIaim need 7-17”. 1 ou

interest and claim which the said Grantor(s) have in and to the following described parce1 of
land, and improvements and appurtenances thereto in the County of ,
State of and more specificaIly described as set forth in EXHIBIT “A"

to this Quitclaim Deed, which is attached hereto and incorporated herein by reference.
IN WITNESS WHEREOF, the said Grantor(s) has signed and sealed these presents the day and
year first above written. Signed, sealed and delivered in presence of:
Sigfiature of Grantor Signature of Second Grantor (if applicable)
Prinfi
Mfg L
Name of G'rantor
M009 6g,
Print Name of Second Grantor (if applicable)
’1
LAMA“ 1% $1M)
Sig ture of irst Witness to Grantorts) Signature of Second Witness to Grantor(s)
J&Oowd 3on Sofl

Print Name of First Witness to Grantor(s) Print Name of Second Witness to Grantor(s)
GRANTEE(S):
Signature of Second g:ntee (if applicable)
’flamr é 344%; Dom rm J. Bawm s

Print
fink”
4M
me of Grantee
1
Print Name of Second Grantee
WW
(if applicable)
of Irst Witness to Grantee(s) Signat e of Se ond Witness to Grantee(s)

Sigyturefil
MJd/msm It\isflm \XOKAVlfic/fl
Print Name of First Witness to Grantee(s) Print Na'me of Second Witness to Gran'tee(s)
LF298 Oullclalm Deed 7-17. Pg. 2 ol 4

NOTARY ACKNOWLEDGMENT
State of \‘flflian Ox.
County
On XL]
of H anm
l I Ia! )a
\ mfl
L
public in and for said state, personaliy appeared,
C
2 , before me.
01
mmm— f
'
Y
,
a notary
WQS
who are known to me (or proved to me on the basis of satisfact ry evidence) to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they ex-
ecuted the same in their authorized capacities, and that by their signatures on the instrument the
W
persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and
Slgnatu
Affiant
Typeole
Known
S
Notary
N1.
SKEX S
official seal.
Gib
Produced ID
l
‘15
QAASfig
X E
'
3‘
.'
x
""""“'~
EAL. z
*
4 xxxx/xcvx/mxx
ELIZABETH COSTON
Hamilton Coun
My Commassbon Explms
’6,
W
'Iafirm, underthepenalfies
“met. “15‘1“:me
(Hamel
forpezjmyfihatlhzve
mken reasonable are to redact each Social
Security
bylaw.‘
'
@WD
é
©Smaru.egafonns 5293 auitclalm Deed 7-17. mam

'
Pan of the west half n the southeast quarter of Se n 4, Township 19 North, Range 4 East,
'
Hamilton County, Indi .. being described as ft
Commencing at a stone at the uthwes! er of said southeast quarter of Section 4, Township

r -
l9 North,Range 4 East; thence the est line of said southeast quaner north 00 dcgoes 58
- ~ A
minutes 52 seconds east (assumed 'ng) 816.95 feet to a 5/8" iron rod with yellow cap
-
-
stamped MILLER SURVEYIN , the north 89 degrees 08 minutes 39 seconds east 500.41
-
feet to the point of be innin_ . this desc -tion; thence arallel with the west line of said
agrees 58 minu -: 52 seoon s east 565.29 feet; thence north 89
'
southeast quarter non OI -
degrees 08 minutcs 39 onds east 839.21 fee o the east line of the west half of said southeast
quarter; thence on '- d cast line south 0] degree V minutes 17 seconds west 565.31 feet; thence
south 89 degree 8 minutes 39 seconds west 838.5: --t to the point of beginning, containing
10.88 acres, -
ore or less.
No. 03-06-04-51 .00—001 000 .
Pan ofthc northwest ,

shi l9 North, Range 4 East, beginning at the
'
'
northwest sax Section 4. and run cast 3 ro , south 105 rods and 2 links;
' '
rods and l4 links; north 104 rods and 10 links to beginning, co 0 acres.
‘
Commonly known as vacant land on 236‘“ Street, Cicero, IN 46034.
lgct V - Parcel No. 03-06-05-51 -00-008.000
Lot 3 McGills' Place Exempt] Type B Subdivision, pan ofthe NE 1/4, Sec 5-19-4, Jackson
Township, Hamilton County, Indiana, described as follows:
A part of the norgheast qyarter of Section 5, Township

l9 Nonh, Range 4 East.'located in
Jackson Townsh1p, Hamllton County. Indiana. being described as follows:
Commencing at the Harrison marker at the southeast comer of the southeast quarter of Section
32. Township 20 North, Range 4
East; thence south 86 degrees 12 minutes 12 seconds west
(assgmed bearingglpm l feet to the ma nail at the northeast comer ofthe northeast quancr of
Secnon 5, Towns 1p 19 North, Range East. AID mag nail also being the point of beginning for
86 degrees 12 minutes 12 seconds west
the tract of real estate herein described; thence south
44.] .00 feet on and along of said northeast quarter; thence south 00 degrees 15
the north line
mmules 23 seconds east 989.64 fcct to a 5/8" iron rod with yellow cap stam d MILLER
SURVEYING, thence north 86 degrees 12 minutes 12 seconds east 443.73 eet to a 5/8" iron rod
with yellow cap stamped MILLER SURVEYING on the east line of said northeast quarter;
thence north 00 degrees 24 minutes 51 seconds west 989.48 feet to the point of beginning
containing 10.03 acres. more or less. (Also known as Lot 3 in Hamilton Estates)
EXCEPT:
A part ofthc northeast quarter of Section 5, Township

l9 North, Range 4 East, located in
Jackson Township, Hamilton County, Indiana. being described as follows:
Commencing at the southeast comer of the southeast quarter of Section 32, Township 20 North,
Range 4 East; thence South 86 degrees £2 minutes 12 seconds west (assumed bearing) 80.11 feet
to the northeast comer of the northeast quarter ofSection S, Township l9 North, Range 4 East;
thence south 00 degres 24 minutes 51 seconds east 60.10 feet on and alon the east line of said
northeast quarter to the point ofbeginning of this description, said point being on the south right-
442.53 feet parallel with the north line of said northeast quarter; thence nonhW00
of-way of 236'“ Street; thence south 00 degrees 24 minutes 51 seconds east 493.79 feet on and
along tho east line of said northeast quarter; thence north 86 deyees 12 minutes 12 scconds west
minutes 23 seconds west 493 .87 feet to the south right-of-wa of said 236‘“ Street, thence north
86 degrees 12 minutes 12 seconds cast 44 1.17 feet parallel wnh the north line ofsaid northeast
9M)
quarter to the point of beginning containing 5.0 acres, more or less.
Commonly known as vacant land ofi 236‘” Street, Cicero, IN 46034.
/\ 03'06‘05‘ 51‘00-008. ool

4. n
DOCUSign Envelope ID: AOSAE ETF-5065-441 5-9045-BEB73524FA7F Filed: 1/20/2021 11:42 AM
Clerk
Listing Broker (00.) RelMax Realty Services (RRSE01 By Christopher Schulhof

) (17825 )
Office code individual mde
Selling Broker (Co.) Sherlock Homes Real Estate (SHHOOi ) By Michael Benjamin (6294 )
1.4m... aw... x.
om“ “Ode individualcode
$$ngth PURCHASE AGREEMENT

"'_§REA”°RS‘-N¢-
f
L‘“
(UNIMPROVED PROPERTY)
For use only by members of lhe Indiana Association of REALTORS®
Date: December 16, 2020
a
3 A. BUYER: Jessica Howard ("Buyer")
4 agrees to buy 1he following property from the owner ("891M“) for the consideration and subject to the following tems. provisions,
and conditions:
g
7 PROPERTY: The property ("Property") is known as 4975 E 236th St
B in Jackson Township, Hamilton County. Cicero
9 Indiana. 46034 code) legally described as: ACREAGE TOWNSHIP
(zip 19.28. SECTION 4, 19, RANGE
1O 4
11 . PRICE: Buyer will pay the total purchase price of (5 168,000.00
)One Hundred Slxty-Elght
12 Thousand U.S. Dollars for the Property. If Buyer obtains an
13 appraisal of the Property, this Agreement is contingent upon the Property appraising at no
less than the agreed upon
14 purchase price. If appraised value is less than the agreed upon purchase price, either party
may terminate this
Agreement or parties may mutually agree to amend the price.
13
D. EARNEST MONEY:
1g
19 1. SUBMISSION: Buyer submits $ 1 000.00 U.S. Doltars as earnest money which shall be
20 applied to the purchase price at closing. If not submitted with Purchase Agreement. earnest money
shafl be
21
22
delivered to Escrow Agent within 72 Ehours D
clays after acceptance of offer to purchase.
Unless indicated otherwise in this Agreement, the listing broker shall act as Escrow Agent and shall. after
23 acceptance of this Agreement and within two (2) banking days of receipt of the earnest money. deposit the e
24 amest money into its escrow account and hold it until time of closing the transaction or termination of this
25 Agreement. Earnest money shall be returned promptly to Buyer in the event this offer is not accepted. If
Buyer
26 fails for any reason to timely submit Earnest Money in the
contracted amount, Seller may terminate this
27 Agreement upon notice to Buyer prior to Escrow Agent's receipt of the Earnest Money.
28 2. DISBURSEMENT: Upon notification that Buyer or Seller intends not to perform, and if Escrow Agent is the Broker.
29 then Broker holding the Earnest Money may release the Earnest Money as provided in this Agreement. If no
30 provision is made in this Agreement, Broker may send to Buyer and Seller notice of the disbursement
by certified mail
31 of the Intended payee of the Earnest Money as permitted in 876 IAC 8-2-2. lf
neither Buyer nor Seller enters Into a
32 mutual release or initiates litigation within sixty (60) days of the mailing date of the certified letter,
Broker may
33 reiease the Earnest Money to the party identified in the certified letter. If Ihe Escrow Agent is
the Broker. Broker
34 shall be absolved from any responsibility to make payment to Selier or
Buyer unless the parties enter into a
35 Mutual Release or a Court issues an Order for payment. except as permitted in 876 IAC 8-2-2.(release of
earnest
36 money). Buyer and Seller agree to hold the Broker harmless from any liability, including attorney's fees and
37 costs. for good faith disbursement of Earnest Money in accordance with this Agreement and
licensing
38 regulations.
39 3. LEGAL REMEDIESIDEFAULT: accepted and Buyer fails or refuses to close the transaction, without
If this offer is
40 legal cause. the earnest money
be retained by Seller for damages Seller has or will incur. Seller retains all
shall
41 rights to seek other legal and equitable remedies, which
may inciude specific performance and additional
42 monetary damages. All parties have lhe legal duty to use good faith and due diligence in completing the terms
43 and conditions of this Agreement. A material failure to perform any obligation under this Agreement is a default
44 which may subject the defaulting party to liability for damages andlor other legal remedies, which.
as stated
above, may include Specific performance and monetary damages in addition to loss of Earnest Money.
2%
47 E. METHOD 0F PAYMENT: (Check appropriate paragraph number)
48 1r.
D CASH: The entire purchase price shall be paid in cash. U.S. Dollars, and no financing is required. Bu er to
49 provide proof of funds submitted Dwith offer lethin days of acceptance. Buyer Swill wm
50 not have an appralsal.
51 2. D NEW MORTGAGE: Completion of this transaction shall be contingent upon the Buyer's ability to obtain a
52 EConventiona! Dlnsured Conventional DOther:
53 first mortgage loan for 65.000 %
of purchase price. payable in not less than 20 years,
54 with an original rate of interest not to exceed 4.500 % per annum and not lo exceed
55 points. Buyer shall pay all costs of obtaining financing, except NIA
56
4975 E 236th St. Cicero, IN 46034
(Properly Address)
Page 1 of? (Unimproved Purchase Agreement)
Copyright IAR 2020
Mlelml Benjamin Produced with zipFon-rmby ziangix 18070 FMeen Mile Road. Flaaar. Michigan 48026
mum
Phone: 311.569.9130 Fax: Ji'Mw-Wlo Jessica lloward
i
,d
DOCUSign Envelope ID: AOSAEETF-5D65—4416—9045-BE873524FA7F
Any inspections and charges, which are required to be made and charged to Buyer or Seller by the lender, FHA,
VA. or mortgage insurer, shall be made and charged in accordance with their prevailing rules or regulations and
shali supersede any provisions of this Agreement.
3. D ASSUMPTION: (Attach Financing Addendum)

4. C] CONDITIONAL SALES CONTRACT: (Attach Financing Addendum)
5‘ DOTHER METHOD OF PAYMENT: (Attach Financing Addendum)
F. TIM E FOR OBTAiNING FINANCING:

1. APPLICATION: With 3 days after the acceptance of this Agreemenl. Buyer agrees to make written
application for any financing necessary, to complete this transaction or for approval to assume the unpaid balance
of the existing mortgage and to make a diligent effort to meet the lender's requirements and to obtain financing in
cooperation with the Broker and Seller. Buyer directs lender to order appraisal immediately.
APPROVAL: No more than 20 days after acceptance of this Agreement shall be allowed for obtaining loan
approval or mortgage assumption approval. If an approval is not obtained within the time specified above, this
Agreement may terminate unless an extension of time for this purpose is mutually agreed to in writing.
G. CLOSING:
1. DATE: The closing of the sale (the "Closing Date") shall be on or before January 29, 2021 ,
or
within 3 days after Mortgage Approval whichever is later or
, this
Agreement shall terminate unless an extension of time is mutually agreed to In writing. Any closing date earlier than
the iatest date above must be by mutual written agreement of the parties.
. FEE: The settlement or closing fee incurred in conducting the settlement charged by the closing agent or company
shall be paid by D Buyer (included in allowance, if provided) D Seller Shared equally.
. CONTINGENCY: This Agreement:
contingent upon the closing of another transaction;
Eb not
contingent upon the closing of the pendlng transaction on Buyer's property located at
ls
scheduled to close by
contingent upon the acceptance of a Purchase Agreement on Buyer's property:
LI is
Addendum to Purchase Agreement First Right Contingency. See attached Addendum.
Addendum to Pu rchase Agreement Limited Purchase Contingency Right. See attached Addendum.
.GOOD FUNDS: Notwithstanding terms to the contrary, the Parties agree that as a condition to Closing, all funds
delivered to the closing agent's escrow account be in such form that the closing agent shall be able to disburse
in compliance with LC. 27-O7-3.7 et. seq. Therefore. all funds from a single source of
$10,000, U.S. Dollars. or more
shall be wired unconditionally to the closing agent's escrow account and all funds under
$10,000, U.S. Doliars, from
a single source shall be good funds as so defined by statute. Buyer is advised that the cost incurred to wlre
funds
on behalf of the buyer to the closing agent's escrow account for the closing of this transaction shall become an
expense Io the buyer and the actual cost incurred shaii appear on the cioslng statement.
.WIRE FRAUD. If you receive any electronic communication directing you to transfer funds or provide nonpublic
personal information, EVEN 1F THAT ELECTRONIC COMMUNICATION APPEARS TO BE FROM BROKER 0R
TITLE COMPANY. Do not rely on telephone numbers provided in the electronic communication. Do not
respond you verify the authenticity by direct communication wlth Broker or Title Company.
until Such
requests may
be part of a scheme to steal funds or use your identity.
H. POSSESSION: The possession of the Property shah be delivered to Buyer at closing org within NIA
days beginning the day after closing by AM PM noon or on or before
D D D I
if cl osed. All crops planted upon the Property prior to
November 1, 2020 shail belong to . Seller.
and Seller shall have access to the Property for the purpose of harvesting crops. All other crops belong to Buyer.
1. MAINTENANCE 0F PROPERTY: Seller shall maintain the Property in its present condition until is possession is delivered to
Buyer. subject to repairs in response to any inspection. Buyer may inspect the Property pn’or to closing to determine whether
Seiler has complied remove all debris and personal property not included in the sale.
with this paragraph. Seller shall
2. CASUALTY LOSS: Risk of loss by damage
or destruction to the Property prlor to the closing shall be borne by Seller,
including any deductible(s). In the event any damage or destruction is not fully repaired prior to closing.
Buyer, at
Buyer's option. may either (a) terminate this Agreement with prompt return of earnest money to
buyer or (b)
elect to close the transaction, in which event Seller's right to all real property insurance proceeds resulting from
such dama e or destruction shall be assi ned in wn‘t‘rn? by Seller to Buyer.
3. UTILITIES! UNICIPAL SERVICES: Se} er shall pay or all municipal services and public utility charges through the
day of possession.
I, SURVEY: Buyer shall receive a (check one) SURVEYOR LOCATION REPORT, which is a survey where corner
markers are not set; D BOUNDARY SURVEY, which is a survey where corner markers of the Property are set
W
prior to closing;
4975 E 236th St, Cicero, IN 46034
(Property Address)
Page 2 of 7 (Unlmproved Purchase Agreement)
COPYRIGHT IAR 2020
Produced with zipForm® by zIpLugix $8010 Finaan Mile Road. Fraser. Michigan 48026 Jessica Howard
DocuSign EnveIope ID: AOSAEEYF-SDGS—M16-9045-85873524FA7F
120 WAIVED. no survey unless required by lender, at (Check one) .Buyer’s expense (Including In allowance, If provided)
121 Seller's expense B Shared equally. The survey shalt (1) be received prior to closing and certified as of a current date, (2) be
122 ~reasonably satisfactory to Buyer. (3) show the location of all improvements and easements. If Buyer waives the right to
123 conduct a survey. the Seller, the Listing and Selling Brokers, and all licensees associated with Brokers are released from
124 any and all liability relating to any issues that could have been discovered by a survey. This release shall survive the
125 closing.
126
127 FLOOD AREA: If the property is located In a flood plain, Buyer may be required to carry flood insurance at Buyefs
128 expense. Revised flood maps and changes to Federal Jaw may substantially increase future flood insurance premiums or require
129 insurance for formerly exempt properties. Buyer should consult with one or more flood insurance agents regarding the
need for flood insurance and possible premium increases. Buyer
130
131 Properiy requires flood insurance.
Emay D
may not terminate this Agreement if the
132
133 BUILDING USE LIMITATIONS: Buyer Emay D
may not terminate this Agreement if the Property is subject to building
134 or use iimilations by reason of the location. which materialiy interfere with Buyer’s intended use of the Property. Buyer
135 shall have 10 after acceptance of this Agreement to satisfy this contingency.
136
137 INSPECTIONS: (Check appropriate paragraph number)
138 Buyer has been made aware that independent inspections disclosing the condition of the property may be conducted and
139 has been afforded the opportunity to require such inspections as a condition of this Agreement.
14o
141 1. E BUYER WAIVES THE RIGHT T0 HAVE INDEPENDENT INSPECTIONS
142 Buyer WAIVES inspections and relies upon the condition of the Property based upon Buyer's own examination
143 and releases the Seller, the Listing and Selling Brokers and all licensees associated with Brokers from any and
144 all liability relating to any defect or deficiency affecting the Property. which reiease shall survive the
closing.
145 Required FHANA or lender inspections are not included in this waiver.
146
147 2D BUYER RESERVES lug RIGHI TO HAVE INDEPENDENT INSPECTIONS (including Lead-Based Paint)
14a Buyer reserves the right to have independent inspections in addition to any inspection requlred by FHA, VA. or
149 Buyer‘s |ender(s). All inspections shall be:
15o a. Al Buyer's expense (unless agreed otherwise by the parties or required by lender);
151 b. Conducted by licensed, independent inspectors or qualified independent contractors selected by Buyer
152 within the following time periods.
153 Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's inspections. Seller must make all
154 areas of the Property available and accessible for Buyer's inspection.
155
156 INSPECTIONIRESPONSE PERIOD:
157 A. iNITEAL INSPECTION PERlOD: Buyer shall order all independent inspections after acceptance of the Purchase Agreement.
15s Buyer shall have NIA days beginning the day following the date of acceptance of the Purchase Agreement
159 to respond to the Inspectionreport(s) in writing to Seller (see "Buyer's Inspection Response”).
160 B. SCOPE 0F INSPECTION: Inspections may include but are not limited to the condition of the following systems and
161 components: heating, cooling. electrical. plumbing. roof. walls, ceilings, floors, foundation, basement. crawl space,
162 welliseptic, water, wood destroying insects and organisms. lead-based paint (note: intact lead-based paint that is In
163 good condition is not necessarily a hazard), radon, mold and other biological contaminants and/or the following:
164 NIA .
165 C. ADDITIONAL INSPECTION: the INITIAL inspection report reveals the presence of lead-based paint. radon, mold
If
166 and other biological contaminants. or any other condition that requires further examination or testing, then Buyer
167 shall notify Seller in writing and have N/A additional days from the deadline listed above to order,
163 receIVe and respond in writing to all Inspectlon reports.
169 D. INSPECTION RESPONSE(S) REQUIRED: If the Buyer dues not comply with any Inspection/Response Period or
make a
170 any problem revealed in a report within the applicable Inspection/Response Period. the Property shall
written objection to
171 be deemed to be acceptable. If one party fails to respond or request in writing an extension of time to respond to the other
172 party's Independent Inspection Response. then that inspection response is accepted. A timely request for extension
i5 not
173 an acceptance of the inspection response, whether or not granted. A reasonable time period to respond is required to
174 prevent misuse of this acceptance provision. Factors considered in determining reasonabie time periods include. but are
17s not limited to. availability of responding party to respond. type
and expense of repairs requested and need of responding
176 pany to obtain additional
opinions to formulate a response.
177 E, IF DEFECT IS IDENTIFIED: If an Inspection Report reveals a DEFECT(S) with the Property, the Buyer must:
17s 1. Provide the inspection report, or relevant parts thereof. to the Seller; and
179 2. Give the Seller the op ortunity to remedy the defecl(s).
150 F. SELLER RESPONSE T0 INSP CTION DEFECT: If Selleris unable or unwilling to remedythe defect(s) to Buyer's reasonable
181 satisfaction before closing (or at a time otherwise agreed to by the parties), then Buyer may terminate this Agreement
132 or waive such defect(s) and the transaction shall proceed toward closing.
4975 E 236th
Page
St. Cicero, IN 46034
(Property Address)
3 of 7 [Unimproved Purchase Agreement)
Copyright IAR 2020
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183 G. DEFECT DEFINED: Under Indiana law, "Defect" means a condition that would have a significant adverse effect on
184 the value of the Property, that would significantly impair the health or safety of future occupants of the property. or
185 tEat if n01 repaired, removed, or replaced would significantly shorten or adversely affect the expected normal life of
186 t e remlses.
187 H. PREpVIOUSLY DISCLOSED DEFECT: Buyer agrees that any property defect(s) previously disclosed by Seller. or routine
188 maintenance and minor repair items mentioned in any report. shall nol be a basis for termination 0f this agreement.
189 l. INSPECTION RELEASE: Buyer releases and holds harmless alt Brokers and their companies from any and all
190 liability. including attorney's fees and costs. arising out of or related to
any inspection. inspection resuIt. repair,
191 disclosed defect or deficiency affecting the Property, including but not limited to lead«based paint. radon, mold and
192 other biological contaminants. This release shall survive the closing.
193
194 M. TITLE APPROVAL: Prior to closing, Buyer shall be furnished with a title insurance commitment for the most current
195 and comprehensive ALTA OWner‘s Title Insurance Policy available in the amount of the purchase price or
196
an
abstract of tltfe continued to date, showing marketable title to Property in Seller's name. Seller must Convey title free
D
197 and clear of any encumbrances and title defects. with the exception of any mortgage assumed by Buyer and any
198 restrictions or easements of record not materially interfering with Buyer's intended use of the Property. A title
company,
199 at Buyer‘s request, can provide information about availability of various additional title insurance coverages and
200 endorsements and the associated costs.
201 OWNER'S TITLE INSURANCE PREMIUM and that portion of Title Service Fees incurred to prepare the Owner's Policy
202
203
(including title search and examination and commitment preparation), to be paid by
provided) Seller [:I Shared equally.
Buyer (included in allowance. if D
204
205 LENDER'S TITLE INSURANCE PREMIUM and that portion of Title Service Fees incurred to prepare the Lender's Policy
206 (including tltle search and examination and commitment reparation), if applicable, to be paid by Buyer [included in
207
208
allowance, if provided) [j Seller D
Shared equally Other
209
210
211
The parties
order the commitment
agree that Selfer E Buyer will select a title insurance company to issue a title Insurance policy and will
immediately or Bother:
212
213
214 Pursuant to Federal and State law, Seller cannot make Seller's selection of a title insurance provider a condition of this Agreement.
215
216 Seller agrees to pay the cost of obtaining all other documents necessary to perfect title (including the cost of the deed
217 and vendor's affidavit), so that marketable title can be conveyed.
218
219 TAXES: (Check appropriate paragraph number)
220
221
222
223
LB
. m.
Buyer wlll assume and pay all taxes on the Property beginning with the taxes due and payable on
and all taxes due thereafter. At or before closing, Seller shall pay
payable before that date‘
all taxes for the Property
224 2. Alltaxes that have accrued for any prior calendar year that remain unpaid shall be paid by Seller either to the
225 County Treasurer andlor the Buyer in the form of a credit at closing. All taxes that have accrued for the current
226 calendar year shall be prorated on a calendar-year basis as of the day Immediately prior to the Closing Date.
227
228 For purposes of paragraph 1 and 2: For the purpose of determining the credit amount for accrued but unpaid taxes,
229 taxes shail be assumed to be the same as the most recent year when taxes were billed based upon cem‘fled tax rates.
230 This shaII be a final settlement.
231
232 PRORATIONS AND SPECIAL ASSESSMENTS: Insurance. if assigned to Buyer. interest on any debt assumed or taken
233 subject to. any other Income and ordinary operating expenses of the Property, including but not limited to,
rents. all
234 public utility charges. shalt be prorated as of the day immediately prior to the Closing Date. Seller shall
pay any Special
235 assessments applicable to the Properly for municipal improvements previ0usiy made to benefit the Property. Seller
236 warrants that Seller has no knowledge of any planned improvements which may result in assessments and that no
237 governmental or private agency has served notice requiring repairs, alterations or corrections of any existing conditions.
238 Public or municipal improvements which are not completed as of the date above but which will result in a lien or
charge
239 shall be paid by Buyer. Buyer will assume and pay all special assessments for municipal improvements completed
after
240 the date of thls Agreement.
24 1
242 TIME: Time is of the essence. Time periods specified in this Agreement and any subsequent Addenda to the Purchase
243 Agreement are calendar days and shall expire at 11:59 PM of the date stated unless the parties agree in writing to a
244 different date and/or time.
245
4975 E 236th St. Cicero, IN 46034
(Property Address)
Page 4 of 7 (Unimproved Purchase Agreement)
Copyright IAR 2020
Produced W‘Nh ziDForrn® w IipLogix 18070 Flfleen Mile Road. Fraser. Michigan 48026 wWw.z4pLogix,com June. Hmma
DOCUSign Envelope ID: AOSAEEYF-SDSS—4415—9045-BEB73524FA7F
246 Note: Seller and Buyer have the right to withdraw any offer/Counter Offer prior to written acceptance and
247 delivery of such offerlCounter Offer.
248
249 COMMUNITY ASSOCIATION ("Association"): Documents for a mandatory membership association shall be delivered by
250 the Seller to Buyer within NIA days after acceptance of this Agreement, but not later than 10 days prior to closing
251 pursuant to |.C. 32-21-5-8.5. Brokers are not responsible for obtaining, verifying or interpreting this information. The
252 parties agree that Brokers and their companies shall be released and held harmless from any and all liability arising out
253 of or related t0 these docu ments.
254
255 If the Buyer does not make a written response to the documents within NIA days after receipt, the documents shall be
256 deemed acceptable. In the event the Buyer does not accept the provisions in the documents and lhe provisions cannot
257 be waived, this Agreement may be terminated by the Buyer and the earnest money deposit shali be refunded to Buyer
258 promptly. Any approval of sale required by the Association shall NIA days
be obtained by the Seiter. in writing, within
259 after Buyer‘s approval of the documents. Fees charged by the "Association", or its management company. for purposes
260 of verification of good standing andlor transfer of ownership shall be shared equally by Buyer and Seller. Start-up or one
261 time reserve fees, if any, shall be paid by Buyer.
262
263 Buyer acknowledges that in every neighborhood there are conditions which others may find objectionable.
264 Buyer shall therefore be responsible to become fuIly acquainted with neighborhood and other off-site conditions
265 that could affect the Property.
266
267 PROTECTIVE RESTRICTIONS, COVENANTS. LIMITATIONS RECORDED FLATS AND EASEMENTS: If lhe Property is
268 subject to and affected by certain recorded protective restrictions. covenants, limitations and easements ("Covenants"),
269 Seller shall furnish to Buyer a copy of the Covenants by the time evidence of title is provided. If the Property is in a recorded
270 subdivision, then Seller shall furnish to Buyer a copy of the recorded plat, amendments and replats.
271
272 ATTORNEY‘S FEES: Any party to this Agreement who is the prevailing party in any legal or equitable proceeding
273 against any other party brought under or with relation to the Agreement or transaction shall be additionally entitled to
274 recover court costs and reasonable attorney's fees from the non-prevailing party.
275
276 ENVIRONMENTAL REPRESENTATIONS 0F SELLER. To Seller's best knowledge. based on an inquiry of those
277 persons direciiy responsible for gathering the information. there
does not currenlly exist any actual or potential contamination
278 of the soil, subsoil, ground water, or any other portion of the Property by any hazardous or toxic substance or their constituents.
279 or any underground tanks on the Property other than for the use of motor fuel or heating oi! for use and consumption of
280 Seller on the premises. and no environmental filings have been made concerning the Property with any governmental
281 agency.
282
283 To Seller‘s best knowledge, based on an inquiry of those persons directly responsible for gathering information. Seller has
284 complied at all times with all applicable federal, slate and local environmental laws and regutations.
285
286 MISCELLANEOUS:
287 1. Uniess otherwise provided, any prorations for rent, taxes, insurance. damage deposits, association
288 dueslassessments, or any oiher items shall be computed as of the day immediately prior to the Closing Date.
289
290 2. Underground mining has occurred in Indiana. and Buyers are advised of the availability of subsidence insurance.
291 Broker is not responsible for providing or verifying this information.

292
293 3. The Indiana State Potice has created a registry of known math contaminated prOperties which can be found at
294 mm.in.gov/melh. Click on "Clan Lab Addresses." Broker is not responsible for providing or verifying this information.
295
296 4. The Indiana Sheriff’s Sex Offender Registry exists (mindianashefifisorg) to inform the public about the identity,
297 location and appearance of sex offenders residing within Indiana. Broker is not responsible for providing or
298 verifying this information.
4975 E 236th St. Cicero. IN 46034

(Ptopeny Address)
Page 5 of 7 (Unimproved Purchase Agreement)
Copyright IAR 2020
Produced Mlh zJpFon'nB by zipLoglx 18070 Flfleen Mile Road. Fraser, Mimigan 48026 Wm JCISIIB Howard
DOCUSign Envelope ID: A05AEETF-50654416—9045-BEB73524FA7F
299 Conveyance of this Property shall be by general Warranty Deed, or by

300 .
subject to
301 taxes; easements. restrictive covenants and encumbrances of record, unless otherwise agreed.
302
303 if it is determinéd Seller is a “foreign person" subject to the Foreign Investment in Real Property Tax Act, Seller
304 wiH pay applicable tax obligation.
305
306 Any notice required or permitted to be delivered, shall be deemed received when personally deh‘vered, transmitted
307 electronically or digitally or sent by express courier or United States mail, postage prepaid, certified and return
308 receipt requested, addressed to Selier or Buyer or the designated agent of ei1her party.
309
31 O This Agreement shall be construed under and in accordance with the laws of the State of Indiana and is binding
31 1 upon the parties' respective heirs, executors, administrators, legal representatives, successors, and assigns.
31 2
31 3 In case any provision contained in this Agreement is held invalid, illegal, or unenforceable in any respect, the
31 4 invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.
31 5
31 6 10. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior
31 7 understandings or written or oral agreements between the parties‘ respecting the transaction and cannot be
31 8 changed except by their written consent.
31 9
320 11. All rights, duties and obligations of the parties shall survive the passing of title to. or Property.
321
322 12. Broker(s) may refer Buyer or Seller
to other professionals, service providers or product vendors, including
323 lenders, loan brokers, escrow companies. inspectors. pest control companles. contractors and home
tltle Insurers.
324 warranty companies. Broker(s) does not guarantee the performance of any service provider. Buyer and Seller are
325 free to select providers other than those referred or recommended to them by Broker(s). The parties agree that
326 Brokers and their companies shall be released and herd harmless in the event of claims disputes with any service
327 provider.
328
329 ’13. By signing below. the parties to this transaction acknowledge: ‘|) receipt of a copy of this Agreement; and 2)
330 infon'nation regarding this transaction may be published in a listing service. lntemet or other adverflsing media.
331
332 14. Any amounts payable by one party to the other. or by one party on behalf of the other party. shall not be owad
333 untilthis transaction is closed.
334
335 15. Buyer and Seller consent to receive communications from 8roker(s) via telephone, U.S. mail, emaii, text message and
336 numbers/addresses provided to Broker(s) unless Buyer and Seller notify Broker(s) in writing to the
facsimile at the
337 contrary.
338
33B 16. Buyer discfoses to Setler that Buyer holds Indiana Real Estate License #
340
341 17. Where the word "Bro ker" appears. it shall mean “Licensee" as provided in |.C.25—34.1 -1 0-5.8.
342
343 V. FURTHER CONDITIONS AND ZONING REQUIREMENTS (List and attach any addenda):
344
345
346
347
348
349
350
351
352
353 W. ACKNOWLEDGEMENTS; This Eis D
ls not a 1imited agency transaction. Buyer and Seller acknowledge that each has
354 received agency office policy disciosures, has had agency explained and now confirms all agency reIationships. Buyer and
355 Seller further acknowledge that they understand and accept agency relationshlps involved in thls transaction.
W
4975 E 236th St, Cicero, IN 46034
(Propeny Address)
Page 6 of 7 (Unlmproved Purchase Agreement)
Copyright IAR 2020
Produced vr'rlh zipFurn‘LiJ by zJpLogix 18070 Fifteen M119 Road. Fraser, Michigan 48026 Jusitn Haward
DocuSign Envelope ID: ADSAEEYF—5D65—4415-9045—BEBY3524FA7F
356 X. CONSULT YOUR ADVISORS: Buyer and Seller acknowledge they have been advised that, prior to signing this document, they
357 may seek the advice of an attorney for the IegaI or tax consequences of this document and the transaction to which it
358 relates. In any real estate transaction, it is recommended that you consuit with a professional, such as a civil engineer,
359 environmental engineer, or other person, with experience in evaluating the condition of the Property.
360
361 Y. EXPIRATION 0F OFFER: Unless accepted in writing by Seller and delivered to Buyer by 12 DAM
362 PM E] Noon on December 18, 2020 .
this Purchase Agreement shall be nuII
363 and void and alt parties shall be relieved and released of any and all liability or obligations.
364
365 This Agreement/contract together with any and all subsequent forms, amendments and addenda may be executed
366 simultaneously or two or more counterparts, each of which shatl be deemed an original but all of which iogether shali
in
367 constitute one and the same instrument. The parties agree that this Agreement, together with any and all subsequent forms,
368 amendments and addenda may be transmitted between them electronically or digitally. The parties intend thateleclronically
369 or digitally transmitted signatures constitute original signatures and are binding on the parties. The original documents shall
370 be promptly delivered. if requested.
371
372 By signature below, the partles verify that they undersiand and approve this Purchase Agreement and acknowledge receipt
373 of a signe
374
375
376 DATE BUYER'S SIGNATURE DATE
377
378 Jessica Howard
379 PRINTED pRINTED
380
381 SELLER‘S RESPONSE: (Check appropriate paragraph):
382 12/16/2020 .
6'30
383 .at DAMQPMDNoon
384
385 1. D The above offer is Accepted.
386
387 2. D The above offer Is Rejected.
388
389 3. The above offer is Countered. See Counter Offer. Seller should sign both the Purchase Agreement and the
390 Counter Offer.
391
392 By signature below, the parties verify that they understand and approve this Purchase Agreement and acknowledge receipt of
393 a sl
Efifi‘éigcngfléz
12/16/2020
:2: F3:Mfijw
396 sflmsfimmme DATE SELLERS SIGNATURE DATE
397 Barry L. Morphew
398
399 PRINTED PRJNTED
Prepared and provided as a member service by the Indiana Association of REALTORS®. Inc. (IAR). This form is
Q restricted to use by members of IAR. This is a legally binding contract. if not understood seek iegal advice.
Form #34. copyright [AR 2020 zomnnusmc
WGRWNW‘!
4975 E 236th St, Cicero, IN 46034

(Prepedy Address)
Page 7 of T [Unlrnproved Purchase Agreement)
Copyright lAR 2020
Produced wiih zipFomm by zichgix $8070 Fineen Mi1e Road. Flassr. Michigan 48026 mvziQngmggm Jessica Howard
, l
r
Filed: 1/20/2021 11:42 AM
Clerk

SS:
COUNTY OF HAMILTON; CAUSE N0. 29D01-2006-GU-000096
IN THE MATTER OF THE GUARDIANSHIP OF )
NOMINATION OF RESIDENT AGENT
Comes now Barry L. Morphew who states as follows:
l. The undersigned has filed a petition, petitioning the Court to be appointed as a
Guardian of the Estate 0f Suzanne Morphew.
2. Barry L. Morphew is a resident of Chaffee County, Colorado, residing at 19057
Puma Path, Salida, Colorado 81201.
3. The undersigned appoints and designates Steven J. Glazier, 0f Cohen Garelick &
Glazier, 8888 Keystone Crossing, Suite 800, Indianapolis, Indiana, 46240, as resident agent for
receipt of service of summons, notices, and other documents in the Guardianship 0f Suzanne
Morphew.
4. The nominated resident agent, Steven J. Glazier, agrees t0 assume this
responsibility in accepting service of process, notices, and other documents on behalf of Barry L.
Morphew and the Guardianship of Suzanne Morphew as evidenced by his signature on this
document.
5. The undersigned agrees that by serving as a guardian, he submits himself to the
jurisdiction of the Indiana courts, namely the Hamilton County Superior Court, Noblesville,
Indiana.
m__ Barry
fiu/M/k
L Morhpew
CONSENT OF RESIDENT AGENT
I, Steven J. Glazier, designated resident agent by Barry L. Morhpew, hereby agree to serve
in this capacity and accept service of process, notices, and other documents on behalf of the
personal representatives of the Guardianship of Suzanne Morphew.
COHEN GARELICK & GLAZIER
%m4%
Steven J.
GlaW
Steven J. Glazier (#7962-49)
Cohen Garelick & Glazier
8888 Keystone Crossing, Suite 800
Indianapolis, Indiana 46240
(317) 573-8888
(3 17) 574-3855 (fax)
sglazier@c221awfirm.com
LETTERS OF GUARDIANSHIP OF THE ESTATE
CAUSE NUMBER 29D01-2006-GU-000096

STATE OF INDIANA, HAMILTON COUNTY, SCT:
This is to CERTIFY that the Judge of the Hamilton County Superior Court, Hamilton
County, Indiana, has this day granted t0: Barry L. Morphew the authority to administer as
Guardian of the guardianship of: Suzanne Morphew (Protected Person).
A guardian of the person is authorized to exercise those powers set out in Indiana Code 29-
3-8-2(a), Subsections (2), (3) and (4) only.
A guardian of the estate is authorized to exercise those powers set out in Indiana Code 29-
3—8-4, Subsections (1) through (8) only.
A guardian has n0 authority t0 do any act not specifically authorized herein except with
the prior written permission 0f the court.
Said guardianships shall extend until terminated as

provided by law, and said Barry L.
Morphew having duly qualified and given bond as such Guardian, is duly authorized t0 take upon
himself the performance of the duties of his trust of such Guardianship, according t0 law.
WITNESS my hand and seal 0f said Court at the City 0f Noblesville, Indiana, this date
Sept 1, 2020
Clerk, Hamilton County Superior Court
State of Indiana, Hamilton County, SCT:
I, Kathy Kreag Williams, Clerk of the Hamilton County Superior Court, State of Indiana,
the same being a court 0f Record, and having within Hamilton County probateSS
jurisdiction, do
hereby certify the foregoing to be a true and complete copy of the LETTERS OF
GUARDIANSHIP OF THE ESTATE BARRY L. MORPHEW on the
granted and issued to
Guardianship of SUZANNE MORPHEW, of said County, and that said Letters are still in force,
and all the legal acts ofsaid guardians are entitled t0 full faith and credit, as fully appears from the
records 0f said Court in my custody as such Clerk, and on file in my office.
IN TESTIMONY WHEREOF, I hereunto affix the seal 0f said Court and subscribed my
name, this date January 20, 2021
Clerk, Hamilton County Superior Court
SS
Filed: 1/20/2021 11:54 AM
Clerk

) ss:
COUNTY 0F HAMILTON) CAUSE N0. 29D01-2006-GU-000096
IN THE MATTER 0F THE GUARDIANSHIP 0F )
)
SUZANNE MORPHEW, ADULT, MISSING PERSON )
APPEARANCE BY ATTORNEY IN CIVIL CASE
Party Classification: Initiating _ Responding _ Intervening X

1. The undersigned attorney and all attorneys listed on this form now appear in this case for the
following party member(s): Bally L. Morphew
2. Applicable attorney information for service is required by Trial Rule 5(B)(2) and for case
information as required by Trial Rules 3.1 and 77(B) is as follows:
Name: Steven J. Glazier Atty Number 7962-49

Address: Cohen Garelick & Glazier Phone: (317) 573-8888
8888 Keystone Crossing, Suite 800 FAX: (317) 574-3855
Indianapolis, Indiana 46240 E-Mail: sglazier@cgglawfirm.com
3. There are other party members: Yes _ No X (t'fyes, list on continuation page.)
4. If first initiating party filing this case, the Clerk is requested to assign this case the following
Type under Administration Rule 8(b)(3): _G_U_
5. I will accept FAX at the above noted number: Yes _ No __X
6. This case involves support issues. Yes No X (Ifyes, supply social security
numbersfor allfamily members 0n continuation page.)
7. There are related cases: Yes No _X
8. This form has been served on all other parties. Certificate of Service attached: Yes _X
No _ is
9. Additional information required by local rule
/S/ Steven J. Glazier

Steven J. Glazier, Attorney at Law
Attorney information shown above
Filed: 1/20/2021 11:54 AM
Clerk
STATE 0F INDIANA ) IN THE HAMILTON SUPERIOR COURT

) SS:
COUNTY OF HAMILTON) CAUSE NO. 29D01-2006—GU-000096
IN THE MATTER 0F THE GUARDIANSHIP 0F )
)
ACCEPTANCE AND OATH 0F GUARDIAN APPOINTED

OVER ESTATE OF MISSING PERSON
Barly L. Morphew, having been duly sworn upon his oath, states:
I,
as enumerated
Barry L. Morphew, swear that I will faithfully discharge the duties
by the Court's order.
Subscribed and sworn to before me by the Peti ‘oner

Barry L.
g
Morphew
: / W;
myof trust
a572n
named above, who acknowledged the

execution of foregoing Oath 0f Guardian all at this L 3
@zt .
l.
otary PEER
My Commission Ex ires:
It! Q kl mg
My County of Residence:
é) ram.
(Printed Signature)
A4 \Tn mug
no
g\ AgnYm
19057 Puma Path
ADDRESS Salida, c0 81201
SOCIAL SECURITY NO. Available upon request.
DATEOFBIRTH N” /7 ~/?&7
PHONE N0 9/7) W; — 2 9%
Munluufl
¢¢ pfiY P004 SANDRA A JAMES
.OZ’Ig Notary Public State of Indiana
5:0;
gz: n- Marion County
=1 u
SEAL}. Commusszon 0 707130
I.
”,ligb'i
3:“:e My Commissmn Expues
"’mmn‘“ December 22, 2025
STATE 0F INDIANA ) IN THE HAMILTON SUPERIOR COURT
SS:
COUNTY 0F HAMILTON; CAUSE N0. 29D01-2006-GU-000096

FILED
January 21, 2021
SUZANNE MORPHEW, ADULT, MISSING PERSON g CLERK OF THE HAMILTON
CIRCUIT COURT
ORDER APPROVING PETITION FOR APPROVAL

OF REAL ESTATE TRANSACTIONS
Bany L. Morphew (the “Guardian”), having filed with this Court his Petition for Approval
of Real Estate Transactions or in the Alternative Petition for Instructions which petition is 0n file
with the Court and the Court being advised of the subject therein, now:
HEREBY ORDERS ADJUDGES AND DEGREES:
1. The prior transfers 0f the Cicero Real Estate by the Guardian are retroactively
approved;
2. The prior sale of a portion of the Cicero Real Estate is retroactively approved;
3. The sale of the remaining Cicero Real Estate as contemplated under the purchase
agreement is hereby approved and the Guardian is authorized to sign all documents necessary to
complete the transaction.
January 21, 2021

Dated:
JUDGE/MAGISTRATE
Hamilton Superior Court
Steven J. Glazier (#7962—49)

(317) 573-8888
(317) 574-3855 (fax)
sglazier@cgglawfirm.com
Filed: 3/17/2021 2:07 PM
Clerk

) SS:

)
MOTION TO WITHDRAW APPEARANCE
Steven J. Glazier and the law firm Cohen Garelick & Glazier, in support of his Motion to
Withdraw Appearance, states as follows:
1. On January 20, 2021, Steven J. Glazier and the law firm Cohen Garelick & Glazier
entered his Appearance on behalf of Barry Morphew as Guardian over the Estate of Suzanne
Morphew.
2. There has been a breakdown in the relationship between attorney and client, such that
it is necessary for counsel to withdraw his appearance. A copy of the communication to Barry
Morphew dated March 3, 2021, regarding this issue is attached hereto and marked Exhibit “A”.
3. Barry Morphew’s last known address is 19057 Puma Path, Salida, Colorado, 81201.
Barry Morphew advised our firm that he was selling this house with the closing occurring at the
end of February 2021. Barry Morphew has failed to provide counsel with an updated mailing
address.
WHEREFORE, Steven J. Glazier with the law firm Cohen Garelick & Glazier prays the
Court for an Order granting his Motion to Withdraw Appearance and for all other proper relief.
COHEN GARELICK & GLAZIER
/s/ Steven J. Glazier

Steven J. Glazier
CERTIFICATE OF SERVICE
hereby certify that a copy of the foregoing has been forwarded Via U.S. Mail, first class
I
t0 the following 0n this date: March 17 2021:
Barry Morphew
19057 Puma Path
Salida, CO 81201
/s/ Steven J. Glazier

Steven J. Glazier
Steven J. Glazier (#7962-49)

(3 17) 573-8888
(317) 574-3855 (fax)
sglazier@cgglawfim.com
Filed: 3/1 7/2021 2:07 PM
Clerk
Sandra James
From: Steve Glazier

Sent: Wednesday, March 3, 2021 12:11 PM
To: Barry Morphew
Cc: Sandra James
Subject: FW: Guardianship
Attachments: Final Report 2-2021 —
Morphew.pdf; DOC030321—03032021 115047.pdf
Hi Barry:
I hope you are doing well and everything worked out for you in Colorado.
Also attached is the Guardian’s Final Report and Petition t0 Terminate

Guardianship and Waiver and Consent t0 Guardian’s Final Report, Which we
have previously provided t0 you. Please promptly sign the Report and
Consent and email the signed documents t0 our office for filing With the
Court.
imperative that you sign the documents and return them t0 me. If I do not
It is
receive the signed documents within ten (10) days, I will be Withdrawing my
appearance in this matter. T0 comply With Indiana rules, please note that this
communication is provided as my ten (10) day notice 0f withdrawal under
Indiana Rule 0f Trial Procedure 3(H).
Stevmf. 6W,
COHEN GARELICK & GLAZIER, P.C.
Esq
8888 Keystone Crossing Blvd. Suite 800 Indianapolis, IN 46240
| |
Main: 317.573.8888 ext. 212 Direct: 317.819.0505
m
|
Cell: 317.289.6600 Fax: 317.574.3855

|
E-Mail: SGlazier@cgglawfirm.com
1:
The information contained in this e-mail and the accompanying documents, if any, is intended only for the use of the individual or entity named above and is privileged and
confidential. Any dissemination, distribution, copying or use of the information contained in this e-mail and the accompanying documents, if any, by anyone other than the
person or entity named above is strictly prohibited. If you have received this communication in error, please (1) notify the sender at Cohen Garelick & Glazier by telephone
or e-mail, (2) delete this e-mail and the accompanying documents, if any, from your computer system’s memory and all electronic, optical or magnetic data storage media
and devices, and (3) return all print-outs of this e-mail and the accompanying documents, if any, to the sender at Cohen Garelick & Glazier.
2
FILED
March 18, 2021
CIRCUIT COURT

SS:
COUNTY OF HAMILTON; CAUSE NO. 29D01-2006-GU-000096
ORDER WITHDRAWING APPEARANCE

This matter came before the Court upon the Motion 0f Steven J. Glazier With the law firm
Cohen Garelick & Glazier to Withdraw his Appearance.

WHEREUPON the Court, having reviewed said motion and being duly advised hereby
GRANTS said motion.
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that the Appearance 0f
Steven J. Glazier and the law firm Cohen Garelick & Glazier be, and the same hereby is
WITHDRAWN, with n0 further responsibility t0 represent Barry Morphew as Guardian 0f the
Estate of Suzanne Morphew.
so ORDERED THIS DATE: March 18’ 2°21 {$9-

--------
M
Judge/Magistrate
V Mm
Hamilton Superior Court
N
§§§ SEAL
I
0.,‘ithb‘uk'vilw
gs;
.a
2";
DISTRIBUTIONS TO:
Steven J. Glazier
8888 Keystone Crossing Boulevard
Suite 800
Barry Morphew
19057 Puma Path
Salida, CO 81201
STATE OF INDIANA ) IN THE HAMILTON SUPERIOR COURT N0, ___/
I
CQUNTY OF HAMILTIjN i cause no. 29;; of = ,2 0 O LE5", 0000 q (a
IN THE" MArrER or THE'GUARDIANSHIP Fifi", it: van

'
.a;
0F Suzi<14 rig? H40. 17046") DEC 2 8 2022

lncapacitated Adult
'Oliimam
C
CURRENT_ REPORT ON INCAPACITATED HAMILTON comm mums
ADULT'S PERSONAL CONDITION
Comes new Ba 1" r' L "400V '

Q 14600 .GuardianIs) ofthe Person of
__ "_'.-
"(:7 I-Ma r
"fiLLhf
M ZMI'U" e (Incapaatated au'ui'fand herebvreportisitothe
Court 55 fellows
j
1 The incapacitated aduit ISflOW_ /___.5_:years of age
2. The inmpacrtated adult resides atthe folioiwingaddress: 5{'1 // M") I 55 I M
3. The type of residence is a --""
As reflected'in the original petition for guardianship, the incapacitated adult was originally
4.
suffering from (briefly state original medial. physical,
and/or mental gondition)-. Q'o Q g .
the same):
S. The incapacitated adult's'condition has (improved, deteriorated, or remained
a
6. The incapacitated adult's current condition, health, activities:

J
Y5: s 1
{+7I./2371/55/11
7. Does the Guardianship need remain In effect?
'
Whyorwlwlnot? 9 '15
" 290012nus-euuuuusa
csn
Guardlun Status Report Flied
3443577
8. Anyothercomments:
'
S'A/l
. . -
Tsar-1,414 me 4
.
19
MISS/Hgl
perisomtwamél.
_-
J
[4015 147'Ffif7h /244
_
l (werafflrrn under the penalties-for

perjury, that the foregoing repre'sentations are true.
.r'"?
Signéture of Guardian Signature bfCOsGuardian
.__._. fl/Mr [Act/V

__
a! o A} 6
lh'finted nam of Guardian Printed name of Cofiuardian
Guardian's address: Co=Guardian's address:
6537 Buck Dr. Mme

Ajaé /€5V///r= IA] 4606;
(Suardian's telephone number: Cofiuardian's telephgne number:
3/7r33'5'7'777 [/M/ve
_
,._.
[2/277 I/ZI}
_
Dated: Dater'jgw
STATE OF INDIANA ) IN THE HAMILTON SUPERIOR COURT NO. 1
) ss:
COUNTY 0F HAMILTON ) CAUSE N0. 29D012006GU-000096
1NTHE MATTER 0F )
THE GUARDIANSHIP 0F; )
SUZANNE MORPHEW )
ORDER APPROVING BIENNIAL REPORT
Guardian filed on December 28, 2022 Current Report on Incapacitated Adult's Personal
Condition. The Court having reviewed such report now finds that it is approved.
Court notes the Guardianship was opened for the purposes of conveying the real estate in
Hamilton County, Indiana located at 26040 Cal Carson Road,.Arcadia, Indiana 46030, to prevent
the Petitioner and the Missing Person from default on the land contract. Court will terminate the
Guardianship within thirty (30) days unless the Guardian notifies the Court why this
Guardianship should remain open.
SO ORDERED this
I
) day of 2023.
KSWWM
JUDGE, HAMILTON SUPERIOR COURT NO. 1
DISTRIBUTION:
Per CCS
STATE OF INDIANA ) IN THE HAMILTON SUPERIOR COURT NO. 1
) ss:
COUNTY 0F HAMILTON ) CAUSE N0. 29D01-2006-GU-000096
1NTHE MATTER 0F )
THE GUARDIANSHIP 0E: )
SUZANNE MORPHEW )
ORDER
No objections having been filed, the Court finds this Guardianship should be and
is closed.
so ORDERED i5: 2025

FCIOVUQV'f
JUDGE, HAMILTON SUPERIOR COURT NO. 1
DISTRIBUTION:
Per CCS
Filed: 3/7/2023 9:55 AM
Clerk
STATE OF INDIANA ) IN THE HAMILTON SUPERIOR COURT #1

) SS:
IN THE MATTER OF THE )

GUARDIANSHIP OF )
SUZANNE MORPHEW, )
an adult, missing person. )
)
BARRY L. MORPHEW, )
Petitioner. )
APPEARANCE BY ATTORNEY IN CIVIL CASE
Party Classification: Petitioner
1. The undersiglied attorney and all attorneys listed on this form now appear in this case for the
following party member(s): Barry L. Morphe\v
2. Applicable attorney information fot' service as required by Trial Rule 5(B)(2) and for case
information as required by Trial Rules 3.1 and 77(B) is as follows:
Name Bruce A. Boje Attorney No.: 281829

Laui'ie D. Johnson Attorney No.: 23 620~29
Address: BOJE, BENNER, BECKER, Phone: (317) 773-4400

MARI<OVICH & HIXSON, LLP FAX: (317) 776-6031
1312 Maple Avenue
Noblesville, IN 46060
Email: bboie((D,hamiltoncountvlawverseom
liohnsonébhamiltoncountylawyers.com
3. There are othel' party members: N0
4. If first initiating party filing this case, the Clerk is requested to assign this case the following
Case Type under Administrative Rule 8(b)(3):
5. I will accept service by FAX at the above noted number: Yes

6. This case involves support issues: No
7. There are related cases: No
8. This forni has been served on all other parties: Yes

Certificate of service is attached:
9. Additional information required by local rule:

Respectfully submitted,
BOJE, BENNER, BECKER,
MARKOVICH & HIXSON, LLP
By:
/s/ BruceA. Boie

Bruce A. Boje, #2818-29
/s/ Laurie D. Johnson

Laurie D. Johnson. #23620~29
BOJE, BENNER, BECI€ER,

1312 Maple Avenue
(317) 7734400
Filed: 3/7/2023 9:55 AM
Clerk

) SS:
COUNTY OF HAMILTON ) CAUSE NO. 29D01-2006-GU000096

GUARDIANSHIP OF )
SUZANNE MORPHEW, )
)
BARRY L. MORPHEW, )
Petitioner. )
PETITION TO REOPEN GUARDIANSHIP FOR THE LIMITED PURPOSE OF

ACCEPTANCE OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE
Comes now Barry L. Morphew, the previously appointed and acting guardian of
the estate and person of Suzanne Morphew, and who affirlns under penalties of perjury
and files his Petition to Reopen the Guardianship for the limited purpose of acceptance of
Settlement Agreement and Mutual Release of the incapacitated person's interest in a
business sold previously, and informs the Court as follows:
l. That on June 1, 2020 Petitioner filed his Petition to Establish Guardianship for
the purpose of conveying real estate. The Order Granting Temporary Guardianship was
approved by the Court on June 5, 2020 with Permanent Letters of Guardianship issued by
the Court on January 20, 2021.
2. On January 5, 2023 this Court entered its Order Approving Biennial Report
and stated the guardianship would be terminated within thirty (3 O) days unless the
Guardian notified the Court why the guardianship should relnain open.
3. On February 4, 2023 the Court issued an Order administratively closing the
guardianship.
4. It is necessary that the guardianship be reopened as the Ward, Suzanne
Morphew, remains a missing person and has not been located.

5. On January 12, 2018 Barry L. Morphew and Suzanne R. Morphew entered
into a Business Purchase Agreement to sell BLM Landscaping, LLC and Sunset Tree
Farms, LLC.
6. The purchasers have defaulted on said agreement. A Settlement Agreement
and Mutual Release have been signed by the purchasers which agreement is attached as
Exhibit A.
7. The purpose for' reopening the guardianship is fox' the sole purpose of
acceptance of a Settlement Agreement and Mutual Release regarding any and all balances
owed by the purchasers on the Business Purchase Agreement.
WHEREFORE: the Barry L. Morphew prays the Court to enter' an order reopening
the guardianship and authorizing the acceptance of the Settlement Agreement and Mutual
Release and for' all other just and proper relief in the premises.
I AFFIRM UNDER THE PENALTIES FOR PERIURY, THAT THE
FOREGOING REPRESENTATIONS ARE T
Barry .
Morphew
BOIE, BENNER, BECKER,

MARKOVICH & HIXS ON
By: <
Bruce A. Boje -fl§818-29

Attorney for' Guardianship
BOJE, BENNER, BECKER

MARKOVICH & HIXSON
1312 Maple Avenue
317-773-4400
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release (the "Agreement") is entered into as of the
date(s) written below, by and among Barry L. Morphew and Suzanne R. Mmphew by her
guardian, Early L. Morphew (hereinafter "Morphew") and Steven Sundling, John Matthew
Craig, James Daniel Craig and James L. Craig (collectively "Craigs"), and is intended by the
parties to settle all obligations, disputes and differences and claims, causes of action, debts,
defenses, liabilities, costs, attorneys' fees, suits, contracts, agreements, arrangements,
promises, obligations, actions, judgments, arbitrations, awards, fees, expenses, damages,
remedies, interest, penalties, and demands whatsoever, of every kind and nature, in law or
equity or otherwise, whether known or unknown, asserted or unasserted, relating to or arising
out of claims by the parties against the other and damages entered into by all of the above
parties alleged by Morphew against the Craigs arising out of a certain Business Purchase
Agreement dated January 12, 2018 (hereinafter "BPA") or otherwise resulting from any
dealings or transactions between the parties prior to this date (the "Dispute").
The parties to this settlement agreement now wish to compromise and settle the Dispute and
to terminate all of the litigation now pending or threatened between them.
In consideration of their mutual agreements, and other valuable consideration, the parties agree
as follows:
1. Morphew acknowledges receipt from Craigs (or their attorney) this date check number
/ éE/i in the amount of Seventy-Five Thousand Dollars ($75,000.00)
("Settlement Payment"). As additional consideration and additional terms of the
Settlement Agreement of the parties, the parties agree as follows:
a. Craigs shall retain possession of, and all rights, title and ownership to, any and all
assets purchased in paragraph 2(a) and (b) on page 2 of the BPA; and
b. Morphew shall receive from the Craigs all assets referred to in paragraph 2(0) on
page 3 of the BPA. Craigs shall cooperate and assist with the return of the business
telephone number (317-339-6200) to Morphew fi'ee and clear of any and all
amounts due and owing on the bill for said telephone number prior to this date and
prior to the date of transfer to Morphew. In addition, the Craigs relinquish all right
to use the names BLM Landscaping, LLC; and Sunset Tree Farms, LLC and shall
pay and/or be responsible for payment of any and all taxes of any nature or type
whatsoever owed to any governmental entity or taxing authority relating to said
entities prior' to the date of this agreement.
2. Upon receipt of the Settlement Payment, Morphew and Craigs and each of their
predecessors, successors, heirs, assigns, shareholders, officer's, directors, agents,
subsidiaries, hereby mutually release and forever discharge each othei' from any and
all claims, demands, liabilities, causes of action, obligations, and damages whatsoever,
whether or not now known, arising out of the Dispute.
3. The parties further acknowledge the Settlement Payment amount is based on
EXHIBIT A
Morphew and Craig
Settlement Agreement and Mutual Release
Page 2 of 3
representations made by the parties to the othel' parties. The parties agree to accept the
Settlement Payment as full and complete resolution with full knowledge Morphew
asselts the amount owed is more and Craigs assert the amount owe is or likely to be
less than the Settlement Payment.
Morphew and Craigs each acknowledge and represent that this Agreement is signed
without reliance upon any agreement, promise, statement, or representation by or on
behalf of any party, except as set forth in the Agreement. Each of the parties
acknowledge that no other party nor any agent or attorney of such other party has made
any promises, representations, or warranties, whether express or implied, which are
not contained in this Agreement.
5 Morphew and Craigs agree not to publicly criticize, disparage or otherwise demean in
any way each other and/or their respective affiliates, officers, directors, products, or
services.
6 Morphew and Craigs agree that all provisions, terms and conditions of this Agreement,
including the amount of the Settlement Payment described in paragraph 1, are and shall
remain strictly confidential except as required by law and/or pursuant to valid legal
process.
7 Each party has read this Agreement, and has had the Agreement fully explained by
counsel, and is fully aware of the legal effect of the Agreement. They are signing the
agreement after having been so advised and/or after having consulted with legal
counsel regarding all aspects of the negotiations, the events which caused said
negotiations to take place and the legal ramifications of those events.
This Agreement has been knowingly and voluntarily signed by the parties, and the
parties each assume all risks for claims which have arisen before or which will arise
hereafter, whether known, unknown, foreseen or unforeseen, arising from the subject
of this Agreement.
9 This agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute but one and the same
instrument. It shall not be necessary that any counterpart hereof be executed by all the
parties hereto so long as each party has executed one of the several counterparts.
10. This Agreement/Release is the result of negotiations among the parties, and no party
shall be deemed to be the dr'afier' of this Agreement/Release. The language of all parts
of this Agreement/Release shall in all cases be construed as a whole, according to its
fair meaning, and not strictly for or against any party.
11. All of the terms and conditions of this Agreement/Release shall be binding upon and
shall inure to the benefit of the parties and their respective heirs, successors and
assigns.
Morphew and Craig
Settlement Agreement and Mutual Release
Page 3 of 3
12. The rights of the parties to enforce the terms of this Settlement Agreement against the
other shall survive after the date of this agreement. Each party to this Settlement
Agreement shall hold the other party harmless from any of the obligations either party
assumes under this Settlement Agreement. The obligations of each of the parties to
the other set forth in this Settlement Agreement shall be enforceable in the courts of
Hamilton County, Indiana which shall be the proper venue for the filing of any
enforcement action/suit and each party to the Settlement Agreement submits to the
jurisdiction of the Hamilton County, Indiana courts. The party who prevails against
the other in an action to seek enforcement any provision of the Settlement Agreement
against the other party shall be entitled to a recovery of their- expenses and attorney
fees in any enforcement action.
13. The terms and conditions of this Agreement/Release and the parties' rights and
obligations hereunder shall be construed under and be governed by the internal laws
of Indiana, without regard to principles of choice of law.
14. This release may be signed in counterparts, each of which shall be deemed an original
of this release when all counterparts have been duly and fully executed. This release
may also be executed by facsimile signatures, each of which shall have the same force
and effect as an original signature.
"Morphew"
Date
Barry L. Morphew
Date
Suzanne R. Morphew, by her guardian
Barry L. Morphew
"Craigsn
Steven Sundling 6
/ Date 3 "1' '2 '5
Date 3 " 2- "'23

John MéllthevfCr
James Daniel
' fl
kg/
Date 3 "Z " 23
'1'"
I k".
I Date J" l ' 7'3.)
-
(~-"}-'3"72g"\/ U" ,
,.
.,
(fiIames L. Cl'aig
.
k
'Ns
'C
) SS:
COUNTY OF HAMILTON ) CAUSE NO. 29D012006-GU000096

GUARDIANSHIP OF )
SUZANNE MORPI-IEW, )
)
BARRY L. MORPHEW, )
Petitioner. )
ORDER REOPENING GUARDIANSHIP AND ORDER AUTHORIZING

ACCEPTANCE OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE
Comes now the Barry L. Morphew, guardiaii of the estate and person of Suzanne
Morphew, and submits his Petition to Reopen Guardianship for the Limited Purpose of
Acceptance of Settiement Agreement and Mutual Release, which petition is on file with
the Court and a part of the Court's record.
And the Court, having examined said petition and being duly advised in the
premises, now finds that said petition is properly before the Court, and that reopening the
guardianship is in the best interest of the ward, and that notice of the saine or retaking of
an oath or reissuance of the original Letters of Guardianship are not deemed necessary by
the Court as this Order is limited for the sole purpose of accepting the Settlement
Agreement and signing the Mutual Release attached to said Petition.

IT IS THEREFORE ORDERED, ADJUDGED and DECREED by the Court that
the Guardianship of Suzanne Morphew is reopened and Barry L. Morphew is reappointed
guardian for the sole and limited purpose of acceptance of the Settlement Agreement and
Mutual Release attached to the Petition requesting such relief.
IT IS FURTPIER ORDERED, ADJUDGED and DECREED by the Court that
acceptance and execution of the Settlement Agreement and Mutual Release by Barry L.
Morphew as guardian of the estate and person of Suzanne Morphew is authorized and
approved.
IT IS FURTHER ORDERED, ADJ UDGED and DECREED by the Court that this
guardianship shall be closed aftex' Barry L. Morphew executes the Settlement Agreement
and Mutual Release referred to herein.
All of which is ordered
JUDGE, Hamilton Superior Court #1

Distribution:
Bruce A. Boje
Laurie D. Johnson
MARKOVICH & HIXSON
Filed: 2/2/2024 1:26 PM
Clerk

) ss:
COUNTY 0F HAMILTON ) CAUSE No. 29130 -2006-GU-000096
1
THE MATTER 0F THE
)))))))
1N
GUARDIANSHIP OF
SUZANNE MORPHEW,
an adult, missing person.
BARRY L. MORPHEW,
Petitioner.
STATUS REPOllT AND VERIFIED MOTION T0 TERMINATE GUARDIANSHIP
COMES NOW Barry L. Morphew, Guardian of the Estate of Suzanne Morphew, by

counsel and notifies the Court as follows:
l. On March 14, 2023 the Guardianship of the Estate of Suzanne Morphew was reopened,
Barry L. Morphew was the appointed Guardian of the Estate of Suzanne Morphew.
2 The sole purpose f01' the appointment of Barry L. Morphew and the reopening of the
guardiansltip was to accept a settlement agreement and mutual release. The
guardianship was also to be closed after Barry L. Morphew executed the settlement
agreement and mutual release referred to in the Order Reopening the Guardianship.
The settlement agreement and mutual release that were signed by Barry L. Morphew
on March 8, 2023 and the guardianship should be closed.
3 The wards remains were discovered on September 22, 2023 aftei' being missing for
over three (3) years. A death certificate has not yet been issued. No estate has been
opened.
4 The Guardian would ask the court to approve the status report and close and terminate
the guardianship and relieve him from any further responsibility as Guardian.
WHEREFORE the Guardian of the Estate of Suzanne Morphew, prays the Court to
approve this status report, terminate/close the guardianship and for all other just and proper relief.
I affirm, under the penalties for perjury, that the
foregoing representation(s) are true.
Barry I: Silorphew
MARI OVICH & HIXS ON, LLP
M] W r
Bruce A. Boje, #2818625
Attorney for Guardian/ Guardianship
Boje, B'enner, Becker, Markovich & Hixson, LLP

1312 Maple Avenue
Noblesville, Indiana 46060
(317) 773-4400
) SS:
IN THE MATTER OF THE

GUARDIANSHIP OF
SUZANNE MORPHEW,
an adult, missing person.
)
BARRY L. MORPHEW, )
Petitioner.
ORDEI{ 0N STATUS REPORT AND ORDER TEIIMINATING GUARDIANSHIP
Come now Bany L. Morphew, Guardian of the Estate of Suzanne Morphew, by counsel
and files his Status Report and Verified Motion to Terminate Guardianship which the Court now
finds should be granted.

IT IS THEREFORE ORDERED that the status report is approved, the guardianship is
terminated and closed and the Guardian is released from airy further responsibility with respect to
said guardianship.
So ordered
JUDGE, Hamilton County Superior Court N0. 1
Distribution:
Laurie D. Johnson
Bruce A. Boje

IN THE MATTER OF THE GUARDIANSHIP OF SUZANNE MORPHEW

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IN THE MATTER OF THE GUARDIANSHIP OF SUZANNE MORPHEW

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29D01 -2006-GU-000096 Filed: 6/1/2020 3:58 PM

STATE OF INDIANA ) IN THE HAMILTON SUPERIOR COURT 1

IN THE MATTER OF THE GUARDIANSHIP OF:

SUZANNE MORPHEW, an Adult, MISSING PERSON.

Initiating _X Responding Intervening and the ,

Name of party: Barry Morphew

(List 0n a continuation page additionalparties this attorney represents in this case.)

2. Attorney information as required by Trial Rule 5(b)(2):

Mary J. Hoeller Atty. Number: 8639-49

IMPORTANT: Each attorney speciﬁed on this appearance:

3. This is a GU case type as deﬁned in administrative Rule 8(B)(3).

_____ Attorney’s address

This case involves a petition for involuntary commitment: Yes_______ No _X___

6. Information not applicable.

8. Additional information required by local rule:

Choose One* (D Individual D Estate E Estate and Individual)

Petitioner Relationship to Protected Person*_ Husband

Lastzak Morphew Suffix: First:* Barry Middle: Lee

Email Address:* barryleemorphew@gmai|.com

Attorney Name: Mary J- ”09"” Bar Number: App. Filed Date:

"Protected Person Estimated Value $

Last:* M°rphew Suffix:__ First:* Suzanne Middle: Renee

Scars, Marks, and Tattoos: “°"e

Addressfk 19057 Puma Path, Salida, CO 81201

Guardian Ad Litem Full Name: 33W Lee M°rphew

Interpreter required? Yes® Language: ﬂglish

Last:* Suffix: First:* Middle: ﬂ

DOB: Gender:* Race:* Hispanic?: Yes/No

Attorney Name: Bar Number: App. Filed Date:

Last:* Morphew First..* Mallory Middle: An”

STATE OF INDMNA ) IN THE HAMILTON SUPERIOR COURT 1

IN THE MATTER OF THE GUARDIANSHIP OF:

SUZANNE MORPHEW, an Adult, MISSING PERSON

APPLICATION FOR APPOINTNIENT OF GUARDIAN

Name ofPetitioner: BARRY MORPHEW

Address ofPetitioner: 19057 Puma Path, Salida, (D 81201

Do you have a High School Education? Yes __X_ No

Do you have a college education? Yes _X_ No

Address of Employer: ___19057 Puma Path, Salida, CO

Length 0f Employment: _25 years

If so, list date of conviction and type of felony.

As Petitioner requesting my appointment as Guardian of the PERSON AND ESTATE of SUZANNE

2. That my attorney is: Mary J. Hoeller

b. That my attorney's Phone Number is: 317-633-4002

c. That my attorney's Fax Number is: 3 1 7-633-4002 (with consent)

d. That my attorney's E-Mail address is: marv@,gttorncvhocller.com

4. That I accept my appointment as ﬁduciary.

AFFIRMATION AND VERIFICATION:

Dated this Eday of. 2020.

IN THE MATTER OF THE GUARDIANSHIP OF:

SUZANNE MORPHEW, an Adult, MISSING PERSON

PETITION FOR APPOINTMENT 0F GUARDIAN OVER OF SUZANNE. MORPHEW.

2. Nature of Disability. SUZANNE. MORPHEW is deemed incapacitated under

Indiana Law because she cannot be located upon reasonable inquiry.1

3. mm. Suzanne Morphew is a joint owner of real estate in Hamilton County,

estate 0n behalf 0f Suzanne Morphew.

6. Riidence. Address and Relationm to Alleged Disabled Person of Proposed

Guardian. Petitioner requests_that he be appointed as guardian of the SUZANNE. MORPHEW. The

person and co-owner ofreal estate being sold on land contract.