**Exhibit 10.16**
REAL ESTATE MORTGAGE AND SECURITY AGREEMENT[FIXTURE FILING](West Lafayette)THIS INDENTURE WITNESSETH
that in  consideration  of the sum of Ten Dollars  ($10.00) and other sufficientconsideration, receipt whereof is hereby acknowledged,
Bioanalytical Systems, Inc., an Indiana corporation("Mortgagor")MORTGAGES and WARRANTS toUNION PLANTERS BANK, N.A.a national banking association("Mortgagee")
the  real  estate  which  is  described  on  Exhibit  A  attached   hereto  (the“Property”),   together  with  the  buildings,  structures  and  otherimprovements now or hereafter situated on or used in connection  therewith,  allrights,  privileges,   interests,   easements,   tenements,   hereditaments  andappurtenances  thereunto  appertaining,  all fixtures and appliances  (includingsigns) now or hereafter  attached thereto or used in connection  therewith,  andthe rents, issues, income and profits thereof (the Property together with all ofthe  foregoing  are  referred  to  herein  collectively  as the  “MortgagedProperty”),   and  grants  to  Mortgagee  a  security   interest   therein.

        Mortgagor   further   grants  toMortgagee a security interest, mortgage and lien on: 

        A.        All Fixtures (as defined in the Indiana  Uniform  Commercial  Code, as in effectfrom  time to time) and any  additions  to,  substitutions  for,  changes  in orreplacements of the whole or any part thereof,  including without limitation allwall-safes, built-in furniture and installations,  shelving, partitions, vaults,elevators,   dumb-waiters,   awnings,  window  shades,  venetian  blinds,  lightfixtures, fire hoses and brackets and boxes for the same, fire sprinklers, alarmsystems, drapery rods and brackets, screens, water heaters,  incinerators,  wallcoverings,   carpeting,  linoleum,  tile,  other  floor  coverings  of  whateverdescription,  communication systems, all specifically designed installations andfurnishings, store maintenance and other supplies and all other Fixtures, now orat any time  hereafter  placed  upon or used in any way in  connection  with theownership,  operation or  maintenance  of the Mortgaged  Property or any portionthereof  and  owned by  Mortgagor  or in which  Mortgagor  now has or  hereafteracquires an interest and all building  materials  now or hereafter  delivered tothe  Mortgaged  Property  and intended to be installed or placed in or about theMortgaged   Property    (hereinafter   referred   to   as   the   “PersonalProperty”).  Notwithstanding  the breadth of the  foregoing,  the  PersonalProperty shall not include:  (i) equipment,  (ii) personal property which may beowned by lessees or other  occupants and their  customers or which may be leasedby such lessees or other occupants of the Mortgaged Property from third parties,unless such  personal  property is  subsequently  acquired by  Mortgagor;  (iii)material,  equipment,  tools,  machinery  or other  personal  property  which isbrought upon the Mortgaged Property only for use in construction, maintenance orrepair  and  which is not  intended  to  remain  after  the  completion  of suchconstruction,  maintenance  or repair and which is not necessary for  ownership,occupancy or property maintenance of the Mortgaged Property;  or (iv) such itemsof tangible  personal  property  which have not been purchased or installed withthe  proceeds of the Notes (as  hereinafter  defined)  and with respect to whichMortgagee  shall  have  executed  express,  written  agreements  to  subordinateMortgagee’s  lien or security interest in such tangible personal  property.

        B.        All right, title and interest of Mortgagor,  now owned or hereafter acquired, inand to any land lying  within the  right-of-way  of any street,  road,  alley orpublic  place,  opened,  proposed  or  vacated,  by law or  otherwise,  and  alleasements  and  rights-of-way,  public  or  private,  tenements,  hereditaments,appendages, rights and appurtenances now or hereafter located upon the MortgagedProperty  or now or  hereafter  used  in  connection  with  or now or  hereafterbelonging  or  appertaining  to the  Mortgaged  Property,  all of which shall beincluded within the definition of “Mortgaged Property”. 

        C.        All judgments,  settlements and any and all proceeds derived from such hereafterentered or made as a result of or in lieu of taking of the  Mortgaged  Property,any part thereof,  interest therein or any rights appurtenant  thereto under thepower of eminent domain or purchase in lieu thereof, or for any damages, whethercaused by such taking or otherwise, to the Mortgaged Property,  including changeof grade of  streets,  curb cuts or other  right of access for any public use orpurpose under any law. 

        D.        All rents, income, profits,  revenues,  royalties,  bonuses,  rights,  accounts,contract rights,  insurance policies and proceeds thereof,  general  intangiblesand benefits of the Mortgaged  Property or the Personal Property or arising fromany lease or similar  agreement  pertaining  thereto,  and all right,  title andinterest  of  Mortgagor  in and to all leases of the  Mortgaged  Property or thePersonal  Property  now or  hereafter  entered  into and all  right,  title  andinterest  of  Mortgagor  thereunder,  including,  without  limitation,  cash  orsecurities  deposited  thereunder  to secure  performance  by  lessees  of theirobligations thereunder, whether said cash or securities are to be held until theexpiration  of the  terms  of  said  leases  or  applied  to one or  more of theinstallments  of rent coming due  immediately  prior to the  expiration  of saidterms with the right to  receive  and apply the same to said  indebtedness  (the“Rents and Profits”). 

        E.        All proceeds from the  conversion,  voluntary or  involuntary,  of any of theforegoing into cash or liquidated claims. 

        F.        All  contract  rights  relating  to all or any part of the  Mortgaged  Property,including, but not limited to construction agreements. 

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        All of the  foregoing,  together  with the  Mortgaged  Property,  are  sometimescollectively referred to as the “Collateral.” 

        Reference is hereby made to that certain Loan Agreement made on October 29, 2002among  Mortgagor and BAS  Evansville,  Inc., an Indiana  corporation  (“BASEvansville”),  as Borrowers and Mortgagee as Lender (as may be amended fromtime to time, the “Loan Agreement”).  The terms and conditions of suchLoan  Agreement  are   incorporated   into  this  Mortgage  by  this  reference.
        This Mortgage is made, and the security  interest granted herein is granted,  tosecure the following:
        AA.        the  payment,  promptly  when due,  of all of the loan  indebtedness  (includinginterest and reasonable  attorneys’  fees and costs of  collection)  now orhereafter  arising  under the Loan  Agreement  and the  Instruments,  as definedtherein  (whether or not evidenced by promissory  notes made pursuant  thereto),including  without  limitation,  (1) the Loan (West  Lafayette)  Promissory Notedated  concurrently  herewith executed by Mortgagor in the amount of Two MillionTwo  Hundred  Fifty  Thousand  Dollars  and No  Cents  ($2,250,000.00)  the lastinstallment  of which is due and  payable  on or  before  November  1, 2012 (the“Loan (West Lafayette) Note”);  (2) the Loan (Mount Vernon) PromissoryNote dated concurrently herewith executed by Mortgagor and BAS Evansville in theamount  of Two  Million  Three  Hundred  Forty  Thousand  Dollars  and No  Cents($2,340,000.00)  the last  installment  of which is due and payable on or beforeApril 1, 2008; and (3) the Term Loan Promissory Note dated concurrently herewithexecuted by  Mortgagor  in the amount of Five  Million Four Hundred Ten ThousandDollars and No Cents  ($5,410,000.00)  the last  installment of which is due andpayable on or before November 1, 2012, including all extensions,  modifications,consolidations,  and renewals of each of the foregoing  (such  promissory  notesreferred to collectively as the “Notes”), 

        BB.        one or more future  advances to Mortgagor  and/or BAS Evansville in an aggregateamount not to exceed Ten Million Dollars ($10,000,000) in excess of the originalindebtedness  evidenced  by the Notes,  which  future  advances  shall,  in eachinstance,  be secured by this Mortgage in accordance with I.C.  32-8-11-9.  Suchfuture  advances,  with  interest  thereon,  shall be secured by this  Mortgage,whether made (i) under one or more of the Notes, or (ii) under any substitution,renewal,  replacement  or  modification  agreements  or notes  stating that suchagreements  or notes are secured by this  Mortgage,  it being  understood by allparties that the advancement of additional funds, as provided for above, remainsdiscretionary with Mortgagee and is not obligatory, 

        CC.        the  observance  and  performance  of all other  obligations  to be observed andperformed  by  Mortgagor  under  the Loan  Agreement,  under  any  agreement  orinstrument executed pursuant to the Loan Agreement, or under this Mortgage, and 

        DD.        all costs  and  expenses  incurred  in the  collection  and  enforcement  of theindebtedness and obligations secured hereby, and all costs and expenses incurredin the foreclosure of this Mortgage,  including (without limitation)  reasonableattorneys’  fees, costs of environmental assessments,  costs of abstractingor  title  insurance,  appraisal  fees,  expenses  of  survey  and  expenses  ofpublication of notice. 

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        1.        Perfection of Security Interest in Fixtures.  Mortgagor further grants toMortgagee a security  interest,  mortgage  and lien on the  Collateral  and thisMortgage is intended to also serve as a Security Agreement.  With respect to allfixtures included within the definition of the Mortgaged  Property hereunder andwith respect to all Personal Property which are or are to become fixtures,  thisMortgage  will  constitute  a  financing  statement  under the  Indiana  UniformCommercial  Code.  It is  intended  that as to such  fixtures  and the  proceedsthereof,  this  Mortgage will be effective as a financing  statement  filed as afixture filing in the real estate records of the county in which the Real Estateis located. The Real Estate affected by this Mortgage is described in Exhibit A.The owners of record of such Real Estate is  Mortgagor.  Information  concerningthe interest of Mortgagee in such fixtures may be obtained from Mortgagee at itsaddress set forth in this Mortgage.  Mortgagor  hereby  authorizes  Mortgagee toexecute  and file (in such  offices as may be  necessary  for the  purpose)  anyadditional  financing  statements  as it may deem  appropriate  to  perfect  thesecurity  interest  in fixtures or personal  property  granted  herein,  withoutMortgagor’s  signature  thereon.  For  purposes  of  this  fixture  filing,Mortgagor is the Debtor and Mortgagee is the Secured Party. 

        2.        Default.  Upon the  occurrence  of an Event of Default (as defined in theLoan Agreement), Mortgagee may (at its option) without notice or demand, declarethe entire balance of said  indebtedness  to be immediately  due and payable andmay  forthwith  commence an action to  foreclose  this  Mortgage in any court ofcompetent  jurisdiction.  And it is further  agreed  that,  in such  foreclosureaction,  Mortgagee will be entitled as a matter of right to the appointment,  exparte and without  notice,  of a receiver to take  possession  of the  MortgagedProperty,  and to receive  and collect  the  income,  rents,  issues and profitsthereof, and to lease the same if the same is not then under lease, and all sumsreceived and  collected by said receiver will be applied first to the payment ofthe costs  and  expenses  of such  receivership,  next to the  costs  (includingreasonable attorneys’ fees) of said foreclosure action, next to the paymentof unpaid real  estate  taxes and  assessments,  next to the payment of interestaccrued in the  indebtedness  secured hereby,  and finally to the payment of theunpaid  principal  balance of the  indebtedness  secured  hereby.  The foregoingremedies will be in addition to all other remedies available to Mortgagee at lawor in equity. 

        3.        Effect  of Waiver or  Release.  The failure of  Mortgagee to exercise anyright or remedy  available to it hereunder  will not constitute a waiver of suchright  or  remedy  for any  continuing  or  repeated  default,  and will not barMortgagee from the exercise of such right or remedy or any other right or remedyavailable to it hereunder. 

        4.        Notices.  All  notices  to be given  pursuant  to this  Mortgage  will besufficient if given by personal  service,  or by guaranteed  overnight  deliveryservice,  or by postage  prepaid  mailing by certified or  registered  mail withreturn receipt  requested,  to the parties as set forth below,  or to such otheraddress as a party may request by notice  given  pursuant to this  Section.  Anytime period  provided in the giving of any notice  hereunder shall commence uponthe date of personal service, the day after delivery to the guaranteed overnightdelivery  service,  or two (2) days after mailing  certified or registered mail.However, any failure to give notice in accordance with the terms of this Sectionwill not  invalidate  such  notice if such  notice  was in fact in  writing  andactually received by the party to whom it was directed. 

– 4 –Mortgagor:Bioanalytical Systems, Inc.2701 Kent AvenueWest Lafayette, Indiana 47906Attention: Douglas P. WietenMortgagee:UNION PLANTERS BANK, N.A.437 South StreetP.O. Box 780Lafayette, IN 47902-0780Attention: Daniel R. House
        5.        Collection  Costs.  Mortgagor  will be obligated to pay any and all costsincurred  in  the  collection  of the  indebtedness  secured  hereby  and in theforeclosure  of this  Mortgage  and the sale of the  Mortgaged  Property as suchcosts  are  incurred.   As  used  herein,  the  term  “costs   incurred  incollection”  means all costs and expenses  reasonably incurred by Mortgageein or in  connection  with the  foreclosure  of this Mortgage or the sale of theMortgaged Property,  including (without limitation) court costs,  sheriff’sor   marshal’s   fees,   fees  for   publication   of  notice,   reasonableattorneys’  fees,  abstracting  fees, title insurance  premiums,  appraisalfees,  surveyor’s fees, environmental assessment fees and costs incurred inremediating any contamination of the Mortgaged Property. 

        6.        Valuation and Appraisement. All sums payable under this Mortgage shall bewithout relief from valuation and appraisement laws. 

        7.        Eminent  Domain.  Mortgagor,  immediately upon obtaining knowledge of theinstitution of any  proceeding  for the taking of the Mortgaged  Property or anyportion  thereof  under the power of  eminent  domain,  shall  notify  Mortgageethereof. Mortgagee may, at its option, appear in and prosecute, in its own name,any action or  proceeding,  or make any  compromise  or settlement in connectionwith such proceeding,  and Mortgagor appoints Mortgagee as Mortgagor’s trueand  lawful  attorney  for such  purposes,  such  power  being  coupled  with aninterest.   After   deducting   all  of  its  expenses,   including   reasonableattorneys’   fees,   Mortgagee  may  elect,  in  its  sole  discretion  andnotwithstanding the fact that the security given hereby may not be impaired by apartial condemnation,  to apply any part or all of the proceeds of the award, insuch order as Mortgagee may determine, in reduction of the Indebtedness, whetherdue or not.  Any  application  of all or a portion of the  proceeds  of any suchaward to the  Indebtedness  shall not cure or waive  any  default  hereunder  orinvalidate any act done pursuant to any notice of default.  Mortgagor  agrees toexecute such further assignments of any compensation,  award, damages,  right ofaction and proceeds as Mortgagee may require. 

        8.        Damage or  Destruction.  Mortgagor will give  Mortgagee  prompt notice ofdamage to or destruction  of any  improvements  on the Mortgaged  Property or topersonal property used in the operation of the Mortgaged Property and in case ofloss covered by policies of  insurance,  Mortgagee is hereby  authorized to makeproof of loss if not promptly  made by Mortgagor or the lessees  under any leaseof   any   portion   of   the   Mortgaged   Property    (“Lease”    or“Leases”).  Any expenses  incurred by Mortgagee in the  collection  ofinsurance proceeds, together with interest thereon from the date of such expenseat the highest default rate set forth in the Notes, shall be added to and becomea part of the  Indebtedness  and shall be  reimbursed  by Mortgagor to Mortgageeimmediately upon demand. Such net proceeds may be applied by Mortgagee,  upon orin  reduction  of the  Indebtedness  then most  remotely  to be paid,  without aprepayment fee, or to the cost of rebuilding or restoration of the  improvementson the  Mortgaged  Property.  However,  if  Mortgagee  shall  require  that  theimprovements on the Mortgaged Property be repaired or rebuilt,  then the repair,restoration,  replacement  or  rebuilding of the  improvements  on the MortgagedProperty shall be to a condition of at least equal value as prior to such damageor  destruction,  and such net  proceeds of  insurance  shall be made  availabletherefor under the conditions and in the manner set forth below. 

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        So long as there exists no Event of Default (as defined in the Loan  Agreement),and  provided  any loss or damage  cannot,  in the sole  judgment of  Mortgagee,result in the termination,  cancellation or modification of the Leases (if any),and if the Leases so require and the  insurers do not deny  liability  as to theinsureds,  such  insurance  proceeds,   after  deducting  expenses  incurred  incollection,  shall be made  available  under the  conditions  and in the  mannerspecified in the following paragraph, for the repair,  restoration,  replacementor rebuilding  of  improvements  on the Mortgaged  Property to a condition of atleast equal value as existed  prior to such  damage or  destruction.  Otherwise,such net proceeds may be applied by Mortgagee, in its sole discretion,  upon andin  reduction  of the  Indebtedness  then most  remotely  to be paid in  inversechronological  order,  or to  the  cost  of  rebuilding  or  restoration  of theMortgaged  Property or personal  property.  However,  if Mortgagee shall requirethat the  Mortgaged  Property  be repaired  or rebuilt in  accordance  with thisAgreement, such net proceeds of insurance shall be made available therefor underthe conditions and in the manner set forth below. 

        Insurance  proceeds  made  available for  restoration,  repair,  replacement  orrebuilding of the improvements on the Mortgaged Property shall be disbursed fromtime to time  (provided no default  exists in the or in this Agreement or in anyof the Instruments or any Lease at the time of each  disbursement),  after firstdeducting the expenses of disbursement including, without limitation, reasonableattorneys’  fees,  costs of title  insurance,  escrows and  closings by thetitle company and fees and expenses of the disbursing party, upon the disbursingparty being  provided  with  satisfactory  evidence of the cost of completion ofsuch  work  and  of  the  diligent  and  timely  prosecution  thereof  and  witharchitect’s   certificates,   waivers   of  lien,   contractors’   andsubcontractors’  sworn  statements and other evidence of costs and paymentsso that the disbursing party can verify that the amounts  disbursed from time totime are  represented  by completed and in place work and that said work is freeand clear of all mechanics’ lien claims. No payment made prior to the finalcompletion of such restoration,  repair,  replacement or rebuilding shall exceedninety percent (90%) of the value of the work performed from time to time and atall times the undisbursed balance of such proceeds remaining in the hands of thedisbursing  party,  together with funds deposited for the purpose or irrevocablycommitted for such purpose,  shall be sufficient in the  reasonable  judgment ofMortgagee,  to pay for the cost of completion of all such  restoration,  repair,replacement or rebuilding.  Mortgagee may require that plans and  specificationsfor the  restoration,  repair,  replacement  or  rebuilding  be submitted to andapproved by Mortgagee  prior to the  commencement of the work. Any surplus whichmay remain out of said insurance proceeds after payment of costs of building andrestoration may, at the option of Mortgagee, be applied either on account of theIndebtedness  then most  remotely  to be paid in  inverse  chronological  order,without a prepayment fee, or be paid to any person or persons otherwise entitledthereto.  Application or release of proceeds  under the provisions  hereof shallnot cure or waive any default  hereunder or invalidate  any act done pursuant toany  notice of  default.  No  interest  shall be  allowed on account of any suchproceeds or other funds held in the hands of Mortgagee or the disbursing  party.

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        9.        Construction  Mortgage.  This Mortgage is a construction  mortgage and itsecures obligations  incurred to finance the construction of improvements on theProperty,  including  certain  costs  incurred in  planning,  architectural  andengineering  studies,  zoning and similar expenses.  It is understood and agreedthat funds to be advanced  evidenced by the Loan (West Lafayette) Note are to beused in the  construction of improvements on the Property in accordance with theLoan Agreement. 

        10.        Waiver of Jury Trial. MORTGAGOR AND MORTGAGEE, AFTER CONSULTING OR HAVINGHAD THE  OPPORTUNITY  TO  CONSULT  WITH  COUNSEL,  KNOWINGLY,  VOLUNTARILY,  ANDINTENTIONALLY  WAIVE ANY RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN ANYLITIGATION  BASED  UPON OR ARISING  OUT OF THIS  MORTGAGE,  THE LOAN  AGREEMENT,INSTRUMENTS,  OR  ANY  OTHER  RELATED  INSTRUMENT  OR  AGREEMENT  OR  ANY OF THETRANSACTIONS  CONTEMPLATED  BY THE LOAN  AGREEMENT  OR ANY  COURSE  OF  CONDUCT,DEALING,  STATEMENTS,  WHETHER  ORAL OR  WRITTEN,  OR ACTIONS OF EITHER OF THEM.NEITHER  MORTGAGOR OR MORTGAGEE  SHALL SEEK TO  CONSOLIDATE,  BY COUNTERCLAIM OROTHERWISE,  ANY ACTION IN WHICH A JURY TRIAL  CANNOT BE OR HAS NOT BEEN  WAIVED.THESE  PROVISIONS  SHALL NOT BE DEEMED TO HAVE BEEN  MODIFIED  IN ANY RESPECT ORRELINQUISHED  BY EITHER  MORTGAGOR OR MORTGAGEE  EXCEPT BY A WRITTEN  INSTRUMENTEXECUTED BY BOTH OF THEM. 

        11.        Miscellaneous.  This Mortgage will inure to the benefit of and be bindingupon the  parties  hereto and their  respective  successors  and  assigns.  ThisMortgage  and  all  rights  and  obligations  hereunder,  including  matters  ofconstruction,  validity  and  performance,  will  be  governed  by  the  UniformCommercial  Code and other  applicable  laws of the State of  Indiana.  Wheneverpossible each provision of this Mortgage will be interpreted in such a manner asto be effective  and valid upon  applicable  law,  but if any  provision of thisMortgage will be prohibited by or invalid under  applicable  law, such provisionwill be ineffective only to the extent of such prohibition without  invalidatingthe remainder of such  provision or the remaining  provisions of this  Mortgage.

        IN WITNESS WHEREOF, the undersigned have set their hands and affixed their sealshereunto this 29th day of October, 2002. 
BIOANALYTICAL SYSTEMS, INC.By:  /s/ Peter T. KissingerPeter T. Kissinger, Ph.D.,Chairman and Chief Executive Officer
– 7 –STATE OF INDIANA) )SS:COUNTY OF TIPPECANOE)
        Before  me,  the  undersigned  Notary  Public,   personally  appeared  Peter  T.Kissinger,  Ph.D.,  as Chairman  and Chief  Executive  Officer of  BioanalyticalSystems,  Inc., an Indiana corporation,  who on behalf of Bioanalytical Systems,Inc.  acknowledged  the execution of the foregoing  instrument  and swore to thetruth of the statements made therein.
        Witness my hand and Notarial Seal this 29th day of October, 2002.
SEAL /s/ Amy J. HughesNotary Public SignatureAmy J. HughgesPrinted NameMy Commission Expires:  December 2, 2008County of Residence:  Tippecanoe
This instrument was prepared  by:  Carolyn H. Andretti, of the firm ofStuart &  Branigin LLP, 8888 Keystone  Crossing,  Suite 1401,  Indianapolis,Indiana 46240.  Telephone:  (317) 574-7245;  Facsimile:  (317) 574-7050,  Email:cha@stuartlaw.com
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Legal DescriptionBAS West Lafayette, IndianaCommitment No. 20021104OUN
Parcel I:    2701-2801 Kent Avenue, West Lafayette, Indiana
Lot Numbered One (1) in BAS  Subdivision as per the plat thereof dated March 17,1997,  recorded April 8, 1997, Plat Cabinet E, Page 156, Document Number 9706303in the Office of the Recorder of Tippecanoe County, Indiana. Located in the Cityof West Lafayette, Wabash Township, Tippecanoe County, Indiana. 

Parcel II:    2700 Kent Avenue, West Lafayette, Indiana
Part of Lot No. 5 in McClure Park Subdivision,  Part Two (2), as platted in partof the Northeast Quarter of Section 12, Township 23 North,  Range 5 West, WabashTownship,  Tippecanoe County, Indiana,  described as follows:  Commencing at thenortheastern  corner of the  Northeast  Quarter of said Section 12; thence South00°-00’  East 378.85 feet; thence South 89°-42’  West 728.50feet; thence South  00°-00’  East 68.77 feet to the point of beginningof this  description;  thence  South  00°-00’  East 261.00 feet to thenorthern  right-of-way  line of  Montgomery  Street;  thence  along the northernright-of-way line of Montgomery Street the following two courses,  southwesterlyon a curve to the left having a radius of 885.59  feet,  an arc length of 268.42feet; South 67°-17' West 99.91 feet; thence northwesterly on a curve to theright having a radius of 35.00 feet,  an arc length of 49.76 feet to the easternright-of-way line of Kent Avenue; thence North  31°15’  West along theeastern   right-of-way   line  of  Kent  Avenue   368.16   feet;   thence  North58°-45’  East 58.00 feet; thence North  89°-25’  East 536.44feet to the point of beginning, containing 3.59 acres, more or less. 

The above legal  description  modernized by Survey No.  94-157,  dated April 26,1994,  prepared  by  Ronald  E.  Wharry,  L.S.,  Moses  Surveying.   Said  legaldescription being described as follows:
A part of Lot  number  5 in  McClure  Park  Subdivision,  Part 2, as the same isrecorded in Plat Book 8, page 46, being more particularly  described as follows:
From the NE corner of the NE 1/4,  Sec.  12,  T23N,  R5W,  2nd  P.M.,Wabash Township,  Tippecanoe  County,  marked by an iron county marker,  proceedthence South (assumed bearings) a distance of 444.36 feet along the east line ofsaid quarter, also being along the approximate centerline of Yeager Road; thenceS  89°  30’  02”  W a  distance  of  728.42  feet to the point ofbeginning,  being  the SE corner of Lot  number 3 in the  Cumberland  TechnologySubdivision,  marked by an iron pipe; thence (1) S 0° 03’ 47” W adistance of 260.57 feet to the north  right-of-way  line of  Montgomery  Street,marked by an iron bar;  thence (2)  westerly a distance  of 268.42  feet along anon-tangent  curve to the left,  having a radius of 885.59  feet and whose chordbears S  75°  50’  49”  W a  distance  of 267.39  feet along saidMontgomery Street to an iron bar; thence (3) S 67°  37’  42”  W adistance of 99.91 feet along said  Montgomery  Street to a non-tangent  curve tothe right, marked by an iron bar; thence (4) West and northerly along said curvea distance of 49.76 feet,  having a radius of 35.00 feet and whose chord bears N71°  47’  03”  W a distance  of 45.67 feet along said  MontgomeryStreet into the  northeasterly  right-of-way  of Kent Avenue,  marked by an ironbar;  thence (5) N 31°  10’ 23”  W a distance of 368.16 feet along saidKent Avenue to an iron pipe; thence (6) N 58°  49' 32” E a distance of58.00 feet to an iron pipe; thence (7) S 89° 30’ 02” E a distanceof 536.30 feet to the point of beginning, containing 3.588 acres.