COSMO EXTENDED STAY INC

Attorney File #: (N/A)
Notice ID: 1438407
First Publication Date: 7/1/2021
Number of Insertions: 5
Last Publication Date: 7/29/2021
County: Berrien

Begin Notice
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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 Berrien County Courthouse, 919 Port Street, St. Joseph, Michigan 49085, starting promptly at 11:00 a.m. on Friday, July 30, 2021. 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 certain Mortgage dated July 12, 2012: Name of Mortgagor: Cosmo Extended Stay Inc., a Michigan corporation, now known as Sodus Hospitality Inc., a Michigan corporation; Original Mortgagee: The National Republic Bank of Chicago, a national bank; Mortgage Recording Date: July 26, 2012 in Liber 3001, Page 3258, Berrien County Records; Affidavit Concerning Mortgage: Affidavit Stating Facts Affecting Real Property Under MCL 565.451A Affidavit Recording Date: May 4, 2021 in Liber 3325 Page 2964, Berrien County Records; Foreclosing Assignee: State Bank of Texas, a Texas chartered bank; Assignment Recording Date: May 13, 2021, in Liber 3326, Page 350, Berrien County Records; and on which Mortgage there is claimed to be due at the date hereof (June 29, 2021) the sum of $2,500,326.32, including interest at 9.250% per annum on the unpaid principal balance of $1,324,031.79. The Mortgaged Premises are situated in the Township of Sodus, Berrien County, Michigan, and are described as: PARCEL 1: THAT PART OF THE NORTHWEST 1/4 OF FRACTIONAL SECTION 5, TOWN 5 SOUTH, RANGE 18 WEST, AND THAT PART OF LOTS 9, 10, 11 AND AN OUTLOT IN PRILLWITZ SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN LIBER 13 OF PLATS, PAGE 43, DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 5 THAT IS 371.25 FEET SOUTH 89 DEGREES 42 MINUTES 21 SECONDS EAST (DEEDED SOUTH 89 DEGREES 39 MINUTES EAST) OF THE NORTHWEST CORNER OF SAID SECTION 5; THENCE SOUTH 89 DEGREES 42 MINUTES 21 SECONDS EAST (DEEDED SOUTH 89 DEGREES 39 MINUTES EAST) ON SAID NORTH SECTION LINE 33.00 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 37 SECONDS WEST 264.82 FEET (DEEDED SOUTH 00 DEGREES 00 MINUTES EAST 264.55 FEET); THENCE SOUTH 89 DEGREES 52 MINUTES 23 SECONDS EAST 338.52 FEET (DEEDED SOUTH 89 DEGREES 55 MINUTES EAST 338.65 FEET); THENCE SOUTH 00 DEGREES 04 MINUTES 11 SECONDS WEST 267.54 FEET (DEEDED SOUTH 00 DEGREES 00 MINUTES EAST 267.41 FEET); THENCE SOUTH 89 DEGREES 56 MINUTES 53 SECONDS EAST 90.09 FEET (DEEDED SOUTH 90 DEGREES 00 MINUTES EAST 90.07 FEET); THENCE NORTH 56 DEGREES 23 MINUTES 53 SECONDS EAST 365.70 FEET (DEEDED NORTH 56 DEGREES 20 MINUTES EAST 367.84 FEET); THENCE SOUTH 257.27 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY I-94; THENCE SOUTH 56 DEGREES 20 MINUTES 00 SECONDS WEST ON SAID NORTHERLY RIGHT OF WAY LINE 991.17 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 294.93 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 09 SECONDS WEST (DEEDED NORTH 89 DEGREES 39 MINUTES WEST) 222.00 FEET TO THE EAST RIGHT OF WAY LINE OF MICHIGAN HIGHWAY M-139; THENCE NORTH ON SAID EAST HIGHWAY RIGHT OF WAY LINE 100.00 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 09 SECONDS EAST (DEEDED SOUTH 89 DEGREES 39 MINUTES EAST) 281.25 FEET; THENCE NORTH PARALLEL WITH SAID WEST SECTION LINE 743.15 FEET (DEEDED 743.00 FEET) TO THE POINT OF BEGINNING. EXCEPTING THEREFROM COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 5, 404.25 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 5; THENCE SOUTH 264.55 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES EAST 338.65 FEET TO THE PLACE OF BEGINNING OF THIS PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 45.33 FEET; THENCE NORTH 89 DEGREES 30 MINUTES EAST 163.59 FEET; THENCE NORTH 230.54 FEET TO THE CENTERLINE OF NICKERSON AVENUE; THENCE SOUTH 58 DEGREES 53 MINUTES EAST, A CHORD DISTANCE OF 142.50 FEET; THENCE SOUTH 64 DEGREES 44 MINUTES EAST 120.51 FEET; THENCE SOUTH 474.07 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY I-94; THENCE SOUTH 56 DEGREES 20 MINUTES WEST ALONG SAID RIGHT OF WAY LINE 473.97 FEET; THENCE NORTH 584.73 FEET TO THE PLACE OF BEGINNING. EXCEPT COMMENCING AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF HIGHWAY M-139 AND THE NORTH LINE OF LOT 9, RECORDED PLAT OF PRILLWITZ SUBDIVISION; THENCE SOUTH ALONG SAID EAST RIGHT OF WAY LINE 435.76 FEET; THENCE SOUTH 89 DEGREES 39 MINUTES EAST 12.96 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY I-94; THENCE NORTH 56 DEGREES 20 MINUTES EAST ALONG SAID RIGHT OF WAY LINE, 765.00 FEET TO THE PLACE OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 254.92 FEET; THENCE SOUTH 89 DEGREES 39 MINUTES EAST 13.26 FEET; THENCE SOUTH 33 DEGREES 40 MINUTES EAST 204.81 FEET TO SAID NORTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 94; THENCE SOUTH 56 DEGREES 20 MINUTES WEST, ALONG SAID RIGHT OF WAY LINE, 152.35 FEET TO THE PLACE OF BEGINNING. ALSO EXCEPT COMMENCING AT THE NORTHWEST CORNER OF SAID FRACTIONAL SECTION 5; THENCE SOUTH 89 DEGREES 39 MINUTES EAST, ALONG THE NORTH SECTION LINE, 742.90 FEET; THENCE SOUTH, PARALLEL WITH THE WEST SECTION LINE, 219.33 FEET TO THE PLACE OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 89 DEGREE 30 MINUTES EAST 163.59 FEET; THENCE NORTH 230.54 FEET TO THE CENTERLINE OF NICKERSON AVENUE; THENCE AROUND A CURVE TO THE LEFT, A CHORD DISTANCE OF SOUTH 58 DEGREES 49 MINUTES EAST 142.50 FEET TO A POINT OF TANGENCY; THENCE SOUTH 64 DEGREES 44 MINUTES EAST 120.51 FEET; THENCE SOUTH PARALLEL WITH SAID WEST SECTION LINE, 216.80 FEET; THENCE SOUTH 56 DEGREES 20 MINUTES WEST, PARALLEL WITH THE RIGHT OF SECTION LINE, 216.80 FEET; THENCE SOUTH 56 DEGREES 20 MINUTES WEST, PARALLEL WITH THE RIGHT OF WAY LINE OF HIGHWAY I-94, 365.84 FEET; THENCE WEST 90.07 FEET; THENCE NORTH 312.74 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, PARKING AND UTILITIES, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 842.70 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 09 SECONDS EAST 244.50 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; THENCE CONTINUING SOUTH 89 DEGREES 38 MINUTES 09 SECONDS EAST 67.50 FEET; THENCE SOUTH PARALLEL WITH SAID WEST SECTION LINE 294.93 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY I-94; THENCE SOUTH 56 DEGREES 20 MINUTES 00 SECONDS WEST ON SAID NORTHERLY RIGHT OF WAY LINE 251.64 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 09 SECONDS WEST 12.56 FEET TO THE EAST RIGHT OF WAY LINE OF MICHIGAN HIGHWAY M-139; THENCE NORTH ON SAID EAST HIGHWAY RIGHT OF WAY LINE 123.83 FEET; THENCE NORTH 80 DEGREES 30 MINUTES 39 SECONDS EAST 204.80 FEET; THENCE NORTH PARALLEL WITH SAID WEST SECTION LINE 113.12 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 09 SECONDS WEST 202.00 FEET TO SAID WEST HIGHWAY RIGHT OF WAY LINE; THENCE NORTH ON SAID WEST RIGHT OF WAY LINE 33.76 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 09 SECONDS EAST 154.50 FEET; THENCE NORTH PARALLEL WITH SAID WEST SECTION LINE 130.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PART OF THE NORTHWEST 1/4 OF FRACTIONAL SECTION 5, TOWNSHIP 5 SOUTH, RANGE 18 WEST, SODUS TOWNSHIP, BERRIEN COUNTY, MICHIGAN, AND THAT PART OF LOTS 9, 10, 11 AND AN OUTLOT IN PRILLWITZ SUBDIVISION, BEING IN PART OF SAID NORTHWEST 1/4 OF FRACTIONAL SECTION 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN LIBER 13 OF PLATS ON PAGE 43, BERRIEN COUNTY RECORDS, DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 842.70 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 09 SECONDS EAST 244.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 89 DEGREES 38 MINUTES 09 SECONDS EAST 67.50 FEET; THENCE SOUTH PARALLEL WITH SAID WEST SECTION LINE 294.93 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY I-94; THENCE SOUTH 56 DEGREES 20 MINUTES 00 SECONDS WEST ON SAID NORTHERLY RIGHT OF WAY LINE 251.64 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 09 SECONDS WEST 12.56 FEET TO THE EAST RIGHT OF WAY LINE OF MICHIGAN HIGHWAY M-139; THENCE NORTH ON SAID EAST HIGHWAY RIGHT OF WAY LINE 305.76 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 09 SECONDS EAST 154.50 FEET; THENCE NORTH PARALLEL WITH SAID WEST SECTION LINE 130.00 FEET TO THE POINT OF BEGINNING.   EASEMENT FOR INGRESS, EGRESS, PARKING AND UTILITIES: THAT PART OF THE NORTHWEST 1/4 OF FRACTIONAL SECTION 5, TOWNSHIP 5 SOUTH, RANGE 18 WEST, SODUS TOWNSHIP, BERRIEN COUNTY, MICHIGAN AND THAT PART OF LOTS 9, 10, 11 AND AN OUTLOT IN PRILLWITZ SUBDIVISION, BEING IN PART OF SAID NORTHWEST 1/4 OF FRACTIONAL SECTION 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN LIBER 13 OF PLATS ON PAGE 43, BERRIEN COUNTY RECORDS, DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 842.70 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 09 SECONDS EAST 244.50 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; THENCE CONTINUING SOUTH 89 DEGREES 38 MINUTES 09 SECONDS EAST 67.50 FEET; THENCE SOUTH PARALLEL WITH SAID WEST SECTION LINE 294.93 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY I-94; THENCE SOUTH 56 DEGREES 20 MINUTES 00 SECONDS WEST ON SAID NORTHERLY RIGHT OF WAY LINE 251.64 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 09 SECONDS WEST 12.56 FEET TO THE EAST RIGHT OF WAY LINE OF MICHIGAN HIGHWAY M-139; THENCE NORTH ON SAID EAST HIGHWAY RIGHT OF WAY LINE 123.83 FEET; THENCE NORTH 80 DEGREES 30 MINUTES 39 SECONDS EAST 204.80 FEET; THENCE NORTH PARALLEL WITH SAID WEST SECTION LINE 113.12 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 09 SECONDS WEST 202.00 FEET TO SAID WEST HIGHWAY RIGHT OF WAY LINE; THENCE NORTH ON SAID WEST RIGHT OF WAY LINE 33.76 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 09 SECONDS EAST 154.50 FEET; THENCE NORTH PARALLEL WITH SAID WEST SECTION LINE 130.00 FEET TO THE POINT OF BEGINNING. Tax Identification Number 11-19-0005-0022-11-1, as to Parcel 1. Commonly known as: 2699 M-139 Highway, Benton Harbor, MI 49022 Tax Identification Number 11-19-6000-0010-01-7, as to Parcel 2. Commonly known as: Vacant Land M-139 Highway, Benton Harbor, MI 49022 The redemption period shall be 6 months from the date of such sale, unless determined abandoned in accordance with MCL 600.3241a, in which case the redemption period shall be 30 days from the date of such sale, or upon the expiration of the notice required by MCL 600.3241a(c), whichever is later; or unless MCL 600.3240(16) applies. If the property is sold at foreclosure sale under Chapter 32 of the Revised Judicature Act of 1961, under 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 damaging the property during the redemption period. This notice is from a debt collector. Dated: June 29, 2021 ______________________________________ Ryan A. Husaynu, Attorney for State Bank of Texas, Mortgagee RYAN A. HUSAYNU Husaynu & Plezia, P.C. 401 S. Old Woodward Ave., Suite 440 Birmingham, MI 48009 (248) 356-7979

(07-01)(07-29)