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01-08-2023 Joshua Bishop Notice of SaleMillsap & Singer, LLC 8900 Indian Creek Parkway, Suite 180 Overland Park, KS 66210 (913) 339-9132 (913) 339-9045 (fax) IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS CIVIL DEPARTMENT Truist Bank, successor by merger to SunTrust Bank Plaintiff, vs. Joshua M Bishop, et al. Defendants, ) Case No.SA-22CV194 ) ) CourtNo. ) ) Title to Real Estate Involved ) ) Pursuant to K.S.A. §60 ) ) ) CERTIFICATE OF MAILING THIS will certify that on this ~ day of ::.k.t"7 , 20~the undersigned caused to be mailed a true and correct copy of the Notice of the Sheriff's Sale to the parties in regard to the above captioned matter. 11111~ 11111 Hll 1111111111111111111111111 ~111111111111111111111 MS File No . 205734 .415106 KJFC MILLSAP By: -.~ Chad R. ornink, #23536 gi cdoornink@msfinn.com 8900 Indian Creek Parkway, Suite 180 Overland Park, KS 66210 (913) 339-9132 (913) 339-9045 (fax) ATTORNEYS FOR PLAINTIFF 1 Millsap & Singer, LLC 8900 Indian Creek Parkway, Suite 180 Overland Park, KS 66210 (913) 339-9132 (913) 339-9045 (fax) IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS CIVIL DEPARTMENT Truist Bank, successor by merger to SunTrust Bank Plaintiff, vs. Joshua M Bishop, et al. Defendants, ) Case No.SA-22CV194 ) ) CourtNo. ) ) Title to Real Estate Involved ) ) Pursuant to K .S.A. §60 ) ) ) NOTICE OF SALE Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Saline County, Kansas, the undersigned Sheriff of Saline County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand at the front door lobby of the Saline County, Courthouse, Kansas , on February 2 , 2023 at the time of 10:00 AM, the following real estate: LOT FIVE (5), BLOCK ONE (1), BROWN'S ADDITION TO THE CITY OF SALINE, SALINE COUNTY, KANSAS., Parcel ID No. 07896. Commonly known as 516 Brown Street, Salina, KS 67401 (''the Property") MS205734 to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. 1 11111~ Hll lllll lllll lllll lllll llll II I Ill lllll lllll 1111111111111 MS File No . 205734.415106 KJFC Saline County Sheriff SINGER,LLC By: -----------,...,,/' Chad R. Doornink, #23 5 3 6 j!f.J cdoornink@msfirm.com 8900 Indian Creek Parkway, Suite 180 Overland Park, KS 66210 (913) 339-9132 (913) 339-9045 (fax) ATTORNEYSFORPLAINTIFF MILLSAP & SINGER, LLC AS ATTORNEYS FOR TRUIST BANK, SUCCESSOR BY MERGER TO SUNTRUST BANK IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 2 111111111111 ~H lllll lllll lllll llll II I Ill lllll lllll lllll IH 1111 MS File No . 205734.415106 KJFC CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing was mailed by U.S. Mail, postage prepaid on J ... ry 5, U1-3 to the following: Joshua M Bishop Redacted pursuant to Supreme Court rule Sarah Bishop Redacted pursuant to Supreme Court rule Carl B. Davis as Chapter 13 Bankruptcy Trustee 300 W Douglas Suite 650 Wichita, KS 67202 City of Salina, Kansas 300 W Ash St., Room 202 Salina, KS 67401 Federal Home Loan Bank of Topeka One Security Benefit Place, Suite 100 Topeka, KS 66606 Kansas Department for Children and Families Registered Agent: Office of the Secretary 555 S. Kansas Avenue Topeka, KS 66603 I llllll Ill lllll lllll lllll lllll 111111111111111111111111111111111 MS File No . 205734 .415106 KJFC 3 Millsap & Singer, LLC 8900 Indian Creek Parkway, Suite 180 Overland Park, KS 66210 (913) 339-9132 (913) 339-9045 (fax) IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS CIVIL DEPARTMENT Truist Bank, successor by merger to SunTrust Bank Plaintiff, vs. Joshua M Bishop, et al. Defendants, ) Case No. SA-22CV194 ) ) CourtNo. ) ) Title to Real Estate Involved ) ) Pursuant to K.S.A . §60 ) ) ) MOTION TO CONFIRM SHERIFF'S SALE -DEFICIENCY WAIVED COMES NOW, Plaintiff, Truist Bank, successor by merger to SunTrust Bank, by and through counsel , and respectfully prays for the Court to Confirm the Sheriffs Sale held on February 2 , 2023 . In support thereof, Plaintiff states the following: 1. That on December 2, 2022 , Plaintiff recovered an in personam judgment against Defendant Joshua M Bishop and an in rem judgment against the Property in the amount of $99,513.12 with interest from December 1, 2022 at 5.5000% until the date of entry of the Journal Entry Judgment into the Court, plus court costs and the costs of this action. 2. That on February 2 , 2023 , a Sheriffs Sale was held and Plaintiff was high bidder at the sale with a bid of $79 ,000.00 in satisfaction of said Judgment. 3. That once sale proceeds in the amount of $79 ,000.00 are applied to Plaintiffs Judgment, a deficiency in the amount of $24,879.18 will remain. 1 111111111111 ~1111111111111111111111111 ~111111 ~1111111111111111 MS File No . 205734 .415106 KJFC 4. That Plaintiff hereby waives any rights to said deficiency and accepts the results of said Sale in full satisfaction of its Judgment. As such, Plaintiff requests an order which will: 5. Approve and confirm the sale of the real estate made in this action by the Sheriff of Saline County, Kansas . 6. Order the execution of the Certificate of Purchase to be delivered to the purchaser at the sale. 7. Order and direct the execution of and delivery of a Sheriffs Deed to the holder of the Certificate of Purchase, and an order for possession of the property, subject, to the right of redemption as provided by law which should be fixed by order of this Court at three (3) months from the date of sale as to all defendants. WHEREFORE, Plaintiff prays for an order confirming the Sheriffs sale . I !IHI llUI lllll lllll lllll lllll llll ~ I Ill lllll lllll lllll llll llll MS File No . 205734 .415106 KJFC By: ~---4~~~~~~-~ Chad Doornink,#23536 ~ cdoornink@msfirm.com 8900 Indian Creek Parkway, Suite 180 Overland Park, KS 66210 (913) 339-9132 (913) 339-9045 (fax) ATTORNEYS FOR PLAINTIFF 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing was mailed by U.S. Mail, postage prepaid on February 22, 2023 to the following: Joshua M Bishop Sarah Bishop Carl B. Davis as Chapter 13 Bankruptcy Trustee 300 W Douglas Suite 650 Wichita, KS 67202 City of Salina, Kansas 300 W Ash St., Room 202 Salina, KS 67401 Federal Home Loan Bank of Topeka One Security Benefit Place, Suite 100 Topeka, KS 66606 Kansas Department for Children and Families Registered Agent: Office of the Secretary 555 S. Kansas A venue Topeka, KS 66603 11m1 1111111111111111111111111111111111111111111111111111111111 MS File No . 205734 .415106 KJFC 3 Millsap & Singer, LLC 8900 Indian Creek Parkway, Suite 180 Overland Park, KS 66210 (913) 339-9132 (913) 339-9045 (fax) IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS CIVIL DEPARTMENT Truist Bank, successor by merger to SunTrust Bank Plaintiff, vs . Joshua M Bishop, et al. Defendants, ) Case No. SA-22CV194 ) ) CourtNo. ) ) Title to Real Estate Involved ) ) Pursuant to K.S.A. §60 ) ) ) RECEIPT OF FUNDS This is to certify and acknowledge that on February 2, 2023, Plaintiff applied the sum of $79,000.00 in satisfaction of its judgment (including interest and costs of sale). This sum was applied to the purchase of the real estate sold under an order of sale in the above-captioned case if Plaintiff was the high bidder. I llllll lllll lllll lllll lllll lllll 1~111111111111111111111111111111 MS File No . 205734 .415106 KJFC By: ~ Chad oornink,#23536 lZD cdoomink@msfirm.com 8900 Indian Creek Parkway, Suite 180 Overland Park, KS 66210 (913) 339-9132 (913) 339-9045 (fax) ATTORNEYS FOR PLAINTIFF 4 • Millsap & Singer, LLC 8900 Indian Creek Parkway, Suite 180 Overland Park, KS 66210 (913) 339-9132 (913) 339-9045 (fax) IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS CIVIL DEPARTMENT Truist Bank, successor by merger to SunTrust Bank Plaintiff, vs. Joshua M Bishop, et al. Defendants, ) Case No. SA-22CV194 ) ) CourtNo. ) ) Title to Real Estate Involved ) ) Pursuant to K.S.A. §60 ) ) ) ORDER CONFIRMING SHERIFF'S SALE -DEFICIENCY WAIVED At this time, the above-captioned case comes regularly for hearing upon Plaintiffs motion to confirm the sale of real estate made in this action by the Sheriff of Saline County, Kansas. The Court, having examined the Order of Sale, publication of the notice of the sale, the Sheriffs return and the proceedings had in making the sale, and after hearing Plaintiff's evidence and being satisfied that the sale has in all respects been made in conformity with law and equity and the orders of this Court, and having heard all the evidence and statements of counsel, does approve and confirm the sale and each and all of the proceedings taken in connection therewith. The Court finds that less than 1/3 of the original first mortgage indebtedness has been paid on the mortgage foreclosed, and therefore the period of redemption should be fixed at three (3) months 5 1111111111~ 11111 IHI lllll lllll 111111111111111111111111111111111 MS File No . 205734 .415106 KJFC • from and after the date of such Sheriffs sale. The Court further finds that the sale is adequate and in conformity with law and equity pursuant to K.S.A. 60-2415. IT IS THEREFORE THE ORDER OF THIS COURT that the Motion for Order Confirming Sheriffs Sale should be and is sustained, and that the Clerk of this Court is directed to make an entry on the Journal of this Court that this is satisfied with the legality of the sale. IT IS FURTHER BY THE COURT ORDERED that the Judgment due Plaintiff shall be deemed satisfied in full by the results of said Sale . IT IS FURTHER BY THE COURT ORDERED that the Sheriff of Saline County , . Kansas, shall make to the purchaser of the real estate at the sale , Truist Bank, successor by merger to SunTrust Bank, a good and sufficient Certificate of Purchase to the real estate , legally described as: LOT FIVE (5), BLOCK ONE (1), BROWN'S ADDITION TO THE CITY OF SALINE, SALINE COUNTY, KANSAS. (the "Property"). Parcel ID No. 07896 together with all improvements and appurtenances , and unless the real estate is redeemed as provided herein, a Sheriffs deed shall issue to the holder of the Certificate of Purchase as provided by law and such grantee in the deed shall be placed in the immediate and peaceful possession of the real estate by the Sheriff. 6 I llllll 1111111111111111111111111111111111 ~111111111111111111111 MS File No . 205734 .415106 KJFC This Order is effective as of the date and time shown on the electronic file stamp. Prepared by: MILLSAP & S By: -+-+--'-------- Chad R. oornink, #23536 cdoornink@msfirm.com 8900 Indian Creek Parkway, Suite 180 Overland Park, KS 66210 (913) 339-9132 (913) 339-9045 (fax) ATTORNEYSFORPLAINTIFF 111111111111111111111111111 1111111111111111111111111 1111111111111 MS File No. 205734 .415106 KJFC 7