D.A.N. JOINT VENTURE III VS ROY & EDDIE, LLC

Attorney File #: 2020-0027-CH
Notice ID: 1491905
First Publication Date: 3/9/2023
Number of Insertions: 7
Last Publication Date: 4/20/2023
County: Berrien

Begin Notice
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Notice of Judicial Foreclosure Sale on an Order of Foreclosure Sale Pursuant to MCL 600.3115 After Motion for Summary Disposition NOTICE IS HEREBY GIVEN that pursuant to the terms of an Order of Foreclosure of the Circuit Court for the County of Berrien, State of Michigan signed and filed on September 15, 2022, in the case of D.A.N. Joint Venture III, L.P., Plaintiff v Roy & Eddie, LLC, et al, Defendants, Case No. 2020-0027 – CH, where, among other things, the Court allowed the foreclosure of a mortgage granted by Roy & Eddie, LLC to Fifth Third Bank, National Association, successor by merger to Fifth Third Bank, an Ohio banking corporation, and Fifth Third Bank (Western Michigan), a Michigan banking corporation, dated December 2, 2004, and recorded on December 22, 2004, at Liber 2571, Page 0116-0130, Berrien County, Michigan Register of Deeds, which was subsequently assigned to D.A.N. Joint Venture III, L.P on January 12, 2021, said assignment being recorded on February 18, 2021, at Liber 3314, Page 0628, Berrien County, Michigan Register of Deeds, in an attempt to satisfy a monetary judgment in the amount of $238,816.06, plus $13.80 per day on and after September 16, 2022, plus additional late charges to be incurred, plus the cost of collection including attorney fees, costs and expenses, plus protective advances for real estate taxes and other expenses as awarded thereafter, against the Defendant/Mortgagor Roy & Eddie, LLC, mortgaged premises shall be sold at a public auction by or under the direction of Clerk/Sheriff for the County of Berrien to the highest bidder at the Berrien County Courthouse, 811 Port Street, 2nd Floor, Room 210, St. Joseph, MI 49085, on Wednesday, April 26, 2023, AT 10:00 A.M., local time, the following described “Premises” located in the County of Berrien, Township of Benton, State of Michigan: Lot(s) 1 through 3, inclusive and part of Lot 4 of BELMONT ACRES, according to the plat thereof recorded in Liber 5 of Plats, page(s) 17 and part of Lot 3, entire Lot 4 and part of Lot 5 of SUPERVISOR’S PLAT OF URBANDALE ADDITION, according to the plat thereof recorded in Liber 9 of Plats, page 38, all described as: Beginning at the Northwest corner of Lot 1, said Belmont Acres, thence North 86 degrees 03 minutes 20 seconds East (plated North 86 degrees 15 minutes East and North 86 degrees 33 minutes East) on the North line of Lots 1 through 3, said Belmont Acres, and Lots 3 and 4, said Supervisor’s Plat of Urbandale Addition, 481.63 feet, thence South 00 degrees 14 minutes 00 seconds East 412.05 feet, thence South 89 degrees 46 minutes 00 seconds West 480.62 feet to the West line of said Belmont Acres, thence North 00 degrees 14 minutes 00 seconds West on said West line 380.88 feet to the point of beginning, Commonly known as: 1340 Territorial Road, Benton Harbor, MI 49022 Tax No. 11-03-0800-0001-09-1 The Premises may be redeemed during the six (6) months following the date of sale pursuant to MCL 600.3140(1). Miller, Canfield, Paddock and Stone, P.L.C. Date: March 3, 2023 By: Michael E. Moore (P57315) 99 Monroe Avenue NW, Suite 1200 Grand Rapids, MI 49503 (616) 776-6323 moore@millercanfield.com

(03-09)(04-20)