Attorney File #: 23-002027
Notice ID: 1492072
First Publication Date: 3/9/2023
Number of Insertions: 4
Last Publication Date: 3/30/2023
County: Berrien
Begin Notice
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Attention homeowner: If you are a military service member on active duty, if your period of active duty has concluded less than 90 days ago, or if you have been ordered to active duty, please contact the attorney for the party foreclosing the mortgage at the telephone number stated in this notice.
Notice of foreclosure by advertisement. Notice is given under section 3212 of the revised judicature act of 1961, 1961 PA 236, MCL 600.3212, that the following mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, at a public auction sale to the highest bidder for cash or cashier’s check at the place of holding the circuit court in Berrien County, starting promptly at 11:00 AM on APRIL 28, 2023. The amount due on the mortgage may be greater on the day of the sale. Placing the highest bid at the sale does not automatically entitle the purchaser to free and clear ownership of the property. A potential purchaser is encouraged to contact the county register of deeds office or a title insurance company, either of which may charge a fee for this information.
Default has been made in the conditions of a mortgage made by Brian G. Bittner and Edna Bittner, Husband and Wife, to Mortgage Electronic Registration Systems, Inc., as nominee for lender and lender’s successors and/or assigns, Mortgagee, dated January 26, 2007 and recorded February 7, 2007 in Liber 2774, Page 2763 Berrien County Records, Michigan. Said mortgage is now held by DLJ Mortgage Capital, Inc., by assignment. There is claimed to be due at the date hereof the sum of Three Hundred Forty-Five Thousand Eight Hundred Twenty-Three and 34/100 Dollars ($345,823.34).
Under the power of sale contained in said mortgage and the statute in such case made and provided, notice is hereby given that said mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, at public vendue at the place of holding the circuit court within Berrien County, Michigan at 11:00 AM on APRIL 28, 2023.
Said premises are located in the Township of Coloma, Berrien County Michigan, and are described as:
BEING KNOWN AND DESIGNATED AS BEGINNING AT THE EAST AND WEST QUARTER LINE OF SECTION 9, TOWNSHIP 3 SOUTH, RANGE 17 WEST AT A POINT 2122.15 FEET SOUTH 89 DEGREES 32 MINUTES 20 SECONDS EAST OF THE WEST QUARTER POST OF THE SECTION; THENCE SOUTH 89 DEGREES 32 MINUTES 20 SECONDS EAST ON THE EAST AND WEST QUARTER LINE, 458.50 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 17 SECONDS WEST PARALLEL WITH THE NORTH AND SOUTH QUARTER LINE 562.77 FEET TO A POINT ON AN INTERMEDIATE TRAVERSE LINE ALONG LITTLE PAW PAW LAKE; THENCE NORTH 89 DEGREES 32 MINUTES 20 SECONDS WEST ON SAID TRAVERSE LINE, 150.00 FEET; THENCE CONTINUING ON SAID TRAVERSE LINE SOUTH 73 DEGREES 29 MINUTES 00 SECONDS WEST, 90.00 FEET; THENCE NORTH 27 DEGREES 24 MINUTES 56 SECONDS WEST, 99.76 FEET; THENCE NORTH 66 DEGREES 44 MINUTES 28 SECONDS WEST, 150.70 FEET; THENCE NORTH 04 DEGREES 38 MINUTES 40 SECONDS WEST, 444.23 FEET TO THE PLACE OF BEGINNING; TOGETHER WITH ALL LAND LYING BETWEEN SAID INTERMEDIATE TRAVERSE LINE AND LITTLE PAW PAW LAKE;TOGETHER WITH A 55 FOOT WIDE EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES, BEING 33.00 FEET EITHER SIDE OF A LINE DESCRIBED AS: BEGINNING ON THE WEST LINE OF SECTION 9, TOWNSHIP 3 SOUTH RANGE 17 WEST AT A POINT 478.50 FEET SOUTH OF THE WEST QUARTER POST OF THE SECTION; THENCE SOUTH 89 DEGREES 32 MINUTES 20 SECONDS EAST; PARALLEL WITH THE EAST AND WEST QUARTER LINE 1454.84 FEET, THENCE EASTERLY 161.64 FEET ON A CURVE TO THE LEFT WITH A RADIUS OF 168.00 FEET AND A CHORD THAT BEARS NORTH 62 DEGREES 53 MINUTES 52 SECONDS EAST 155.48 FEET; THENCE CONTINUING EASTERLY 196.49 FEET ON A CURVE TO THE RIGHT WITH A RADIUS OF 200.00 FEET AND A CHORD THAT BEARS NORTH 63 DEGREES 28 MINUTES 50 SECONDS EAST 188.68 FEET; THENCE SOUTH 88 DEGREES 22 MINUTES 27 SECONDS EAST 145.42 FEET; THENCE EASTERLY 63.23 FEET ON A CURVE TO THE LEFT WITH A RADIUS OF 170.00 FEET AND A CHORD THAT BEARS NORTH 80 DEGREES 58 MINUTES 14 SECONDS EAST 62.87 FEET; THENCE CONTINUING EASTERLY 155.17 FEET ON A CURVE TO THE RIGHT WITH A RADIUS OF 249.50 FEET AND A CHORD BEARS NORTH 88 DEGREES 07 MINUTES 49 SECONDS EAST 152.68 FEET; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 26.59 FEET TO A PROPERTY BOUNDARY LINE THAT RUNS ON A BEARING OF SOUTH 04 DEGREES 38 MINUTES 40 SECONDS EAST THAT IS INTENDED TO BE THE EASTERLY END OF SAID EASEMENT;SUBJECT TO A 10 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS, BEING 5.0 FEET EITHER SIDE OF A LINE DESCRIBED AS: BEGINNING AT A POINT FOUND BY COMMENCING AT THE WEST QUARTER POST OF SECTION 9, TOWNSHIP 3 SOUTH, RANGE 17 WEST; THENCE SOUTH 89 DEGREES 32 MINUTES 20 SECONDS EAST ON THE EAST AND WEST QUARTER LINE 2122.15 FEET; THENCE SOUTH 04 DEGREES 38 MINUTES 40 SECONDS EAST, 315.69 FEET TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 93.36 FEET; THENCE SOUTH 40 DEGREES 00 MINUTES 00 SECONDS EAST 179.16 FEET; THENCE SOUTH 89 DEGREES 32 MINUTES 20 SECONDS EAST 226.46 FEET TO A POINT 8230 FEET NORTH 89 DEGREES 32 MINUTES 20 SECONDS WEST OF THE NORTH AND SOUTH QUARTER LINE AND THE END OF SAID EASEMENT.ALSO, SUBJECT TO AN EASEMENT FOR LAKE ACCESS OVER THE FOLLOWING DESCRIBED PARCEL; BEGINNING AT A POINT FOUND BY COMMENCING AT THE WEST QUARTER POST OF SECTION 9, TOWNSHIP 3 SOUTH, RANGE 17 WEST; THENCE SOUTH 00 DEGREES 11 MINUTES 17 SECONDS WEST PARALLEL WITH AND 82.50 FEET WEST OF THE NORTH AND SOUTH QUARTER LINE 480.77 FEET TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 DEGREES 11 MINUTES 17 SECONDS WEST 82.00 FEET TO A POINT ON AN INTERMEDIATE TRAVERSE LINE ALONG LITTLE PAW PAW LAKE; THENCE NORTH 89 DEGREES 32 MINUTES 20 SECONDS WEST ON SAID TRAVERSE LINE 150.00 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 17 SECONDS EAST 82.00 FEET; THENCE SOUTH 89 DEGREES 32 MINUTES 20 SECONDS EAST 150.00 FEET TO THE PLACE OF BEGINNING, INCLUDING ALL THAT LAND LYING BETWEEN SAID INTERMEDIATE TRAVERSE LINE AND THE SHORE OF LITTLE PAW PAW LAKE.
6013 N. Coloma Rd, Coloma, Michigan 49038
The redemption period shall be 6 months from the date of such sale, unless determined abandoned in accordance with MCLA §600.3241a, in which case the redemption period shall be 30 days from the date of such sale.
If the property is sold at foreclosure sale, pursuant to MCL 600.3278, the borrower will be held responsible to the person who buys the property at the mortgage foreclosure sale or to the mortgage holder for damage to the property during the redemption period.
Dated: March 9, 2023
File No. 23-002027
Firm Name: Orlans PC
Firm Address: 1650 West Big Beaver Road, Troy MI 48084
Firm Phone Number: (248) 502.1400
(03-09)(03-30)
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