CLARK D. MITCHELL

Attorney File #: 23-11159
Notice ID: 1506217
First Publication Date: 8/10/2023
Number of Insertions: 4
Last Publication Date: 8/31/2023
County: Berrien

Begin Notice
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NOTICE OF MORTGAGE FORECLOSURE SALE 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 September 22, 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 Clark D. Mitchell a/k/a Clark Mitchell and Berthann M. Mitchell a/k/a Marie Mitchell to Fifth Third Bank (Western Michigan) dated August 25, 2006 and recorded September 18, 2006 in Liber 2744 at Page 181, Berrien County, Michigan. Said Mortgage is now held by Fifth Third Bank, National Association by assignment and/or merger. There is claimed to be due at the date hereof the sum of $103,256.37. Said premises are located in Berrien County, Michigan and are described as: SITUATED IN THE TOWNSHIP OF BERRIEN, IN THE COUNTY OF BERRIEN, AND STATE OF MICHIGAN, AND DESCRIBED AS FOLLOWS: THAT PART OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST FRACTIONAL QUARTER OF FRACTIONAL SECTION 25, TOWN 6 SOUTH, RANGE 18 WEST, WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF THE EAST HALF OF THE NORTHEAST FRACTIONAL QUARTER WHICH IS 285.98 FEET NORTH 00 DEGREES 12 MINUTES 37 SECONDS WEST (RECORDED 286.00 FEET NORTH) OF THE SOUTHWEST CORNER OF SAID WEST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER, SAID SOUTHWEST CORNER BEING 1320.25 FEET SOUTH 89 DEGREES 16 MINUTES 28 SECONDS WEST OF THE EAST QUARTER POST OF SAID SECTION, THENCE CONTINUING NORTH 00 DEGREES 12 MINUTES 37 SECONDS WEST, 535.45 FEET (RECORDED NORTH, 535.50 FEET), THENCE NORTH 89 DEGREES 29 MINUTES 40 SECONDS EAST, 329.89 FEET (RECORDED EAST, 330.00 FEET) TO THE CENTERLINE OF KINGS LANE, THENCE SOUTH 00DEGREES 13 MINUTES 50 SECONDS EAST ALONG SAID CENTERLINE, 534.63 FEET (RECORDED SOUTH, 535.50 FEET), THENCE SOUTH 89 DEGREES 21 MINUTES 08 SECONDS WEST, 330.08 FEET (RECORDED WEST, 330.00 FEET), TO THE POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS, LEASES AND RESTRICTIONS OF RECORD, ALL LEGAL HIGHWAYS, ALL RIGHTS OF WAY, ALL ZONING, BUILDING AND OTHER LAWS, ORDINANCES AND REGULATIONS, ALL RIGHTS OF TENANTS IN POSSESSION, AND ALL REAL ESTATE TAXES AND ASSESSMENTS NOT YET DUE AND PAYABLE. BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN VOLUME 2555, PAGE 465, OF THE BERRIEN COUNTY, MICHIGAN RECORDS. Said property is commonly known as 10828 Kings Lane, Berrien Springs, MI 49103. 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. TO ALL PURCHASERS: The foreclosing mortgagee can rescind the sale. In that event, your damages, if any, are limited solely to the return of the bid amount tendered at sale, plus interest. Please be advised that any third party purchaser is responsible for preparing and recording the Sheriff’s Deed. If this is a residential Mortgage, the following shall apply: 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. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU: ARE A DEBTOR IN AN ACTIVE BANKRUPTCY CASE; ARE UNDER THE PROTECTION OF A BANKRUPTCY STAY; OR, HAVE RECEIVED A DISCHARGE IN BANKRUPTCY AND YOU HAVE NOT REAFFIRMED THE DEBT, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FROM YOU PERSONALLY. Dated: August 7, 2023 Attorney for the party foreclosing the Mortgage: Thomas E. McDonald (P39312) Brock & Scott, PLLC 5431 Oleander Drive Wilmington, NC 28403 PHONE: (844) 856-6646 File No. 23-11159

(08-10)(08-31)