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<br />'-- <br /> <br />46 West Main Street, Mooresville, Indiana be rezoned from its present <br /> <br />classification of A-Single Family Dwelling to General Business. The motion <br /> <br />was seconded by David Barry and unanimously carried. <br /> <br />The Board then proceeded to move out of order and deal with the <br /> <br />unsafe building ordinance violation for the 'property located at 46 West <br /> <br />Main Street which was designated as old business. After discussions with <br /> <br />the building inspector the Board determined that the property was still not <br /> <br />cleaned up even though Harry Harper was given sixty days from the February 26, <br /> <br />1987 meeting to have the property cleaned. <br /> <br />Mr. Harper indicated that he was having problems with the insurance <br /> <br />company in paying to have the debris cleaned. Attorney Ksenak advised that <br /> <br />Mr. Currens had drafted a letter to Auto Owners Insurance Company regarding <br /> <br />the unsafe building ordinance violation for said property. Catherine Baker House <br /> <br />had sent Mr. Currens a letter advising him that on May 4, 1987 Auto Owners <br /> <br />Insurance Company purchased her land contract that she held with Harry Harper Ill. <br /> <br />The insurance company's response was that they merely took an assignment <br /> <br />of rights from Catherine Baker as part of the settlement for the fire damage <br /> <br />but that they were not claiming any ownership control or interest in the <br /> <br />property other than that assignment. Mr. Ksenak recited <br /> <br />paragraph number <br /> <br />eleven in the policyholder's release which was signed by Catherine Baker House <br /> <br />regarding this problem. That paragraph provides that contemporaneous with <br /> <br />the signing of the release document, Catherine D. Baker has delivered to <br /> <br />Auto Owners Insurance a duly executed assignment of her complete right, <br /> <br />title and interest in the land contract which is attached hereto. Mr. Ksenak <br /> <br />advised that it was his opinion based upon that paragraph that in fact <br /> <br />Catherine House no longer had any interest in the property and that the <br /> <br />insurance company would in fact be holding the deed until Harry Harper had <br /> <br />paid off the land contract. It was therefore his belief that the insurance <br /> <br />- 2 - <br />