VARNUM LLP Attorneys P.O. Box 352 Grand Rapids, Michigan 49501-0352 NOTICE OF MORTGAGE FORECLOSURE AND SALE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. PLEASE CONTACT OUR OFFICE AT THE NUMBER BELOW IF YOU ARE IN ACTIVE MILITARY DUTY. Default has occurred in the conditions of a mortgage (the “Mortgage”) made by M & T Family Enterprises, L.L.C., a Michigan limited liability company, mortgagor, to Honor Credit Union, having its principal offices at 8385 Edgewood Road, Berrien Springs, Michigan 49103, dated March 10, 2013, and recorded in the Office of the Register of Deeds of Berrien County, Michigan, on March 11, 2013 in Liber 3028, Page 2913. Because of the default, the undersigned has elected to declare the entire unpaid amount of the Mortgage immediately due and payable. At the date of this notice there is claimed to be due for principal and interest on the Mortgage the sum of Three Hundred Forty-Two Thousand Six Hundred Forty-Eight and 35/100 Dollars ($342,648.35). No suit or proceedings at law have been instituted to recover any part of the debt secured by the Mortgage. Notice is hereby given that by virtue of the power of sale contained in the Mortgage and the statute in such case made and provided, and to pay said amount with interest as provided in the Mortgage, and all legal costs, charges and expenses, including attorney fees allowed by law, the Mortgage will be foreclosed by sale of the mortgaged premises at public venue to the highest bidder at the North Entrance of the Berrien County Courthouse, 811 Port Street, St. Joseph, Michigan 49084, the place of holding the Circuit Court within Berrien County, Michigan, on Thursday, May 17, 2018 at 10:00 a.m. local time. Pursuant to Section 3240(7) of the Revised Judicature Act of 1961, as amended, (MCLA 600.3240(7)), the redemption period shall be six (6) months from the date of the foreclosure sale, unless the premises are determined to be abandoned in accordance with MCLA 600.3241a, in which case the redemption period shall be thirty (30) days from the date of the sale. If the premises are sold at a foreclosure sale under MCLA 600.3278, the mortgagors 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. The premises covered by said mortgage is commonly known as 303, 307 and 311 E. Main Street, City of Niles, Berrien County, Michigan, described as follows: PARCEL 1: The East 42 feet of Lot 10 of WILLIAM JUSTICE PLAT, according to the plat thereof recorded in Liber “C” of Deeds, page 628 of Berrien County Records. Also commencing on the North line of Main Street at the Southeast corner of said Lot 10; thence East 5 feet; thence North 132 feet to the South line of an alley; thence West 5 feet to the Northeast corner of said Lot 10; thence South on the East line of Lot 10, to the place of beginning. PARCEL 2: The part of Lot 9 of WILLIAM JUSTICE PLAT, according to the plat thereof recorded in Liber “C” of Deeds, page 628 of Berrien County Records, described as follows: Commencing 22.7 feet East of the Southwest corner of Lot 9, said Plat, said point being the West line of a 12 inch wall; thence North along the West line of said wall, 25 feet to a jog in said wall; thence West 0.3 feet; thence North, along the West line of wall, 35 feet to the corner of a brick building; thence North, along the East line of wall of Blackmond Building, to the Northeast corner of a building, said point being 21.6 feet East of the West line of said Lot 9; thence East 45.1 feet to the East line of said Lot 9; thence South, along the East line of said Lot 9, to the Southeast corner of said Lot 9; thence West 43.9 feet to the place of beginning. ALSO Commencing at the Northwest corner of Lot 9 of WILLIAM JUSTICE PLAT, according to the plat thereof recorded in Liber “C” of Deeds, page 628 of Berrien County Records; thence South 25 feet to the North line of building; thence East, along the North line of building, and continuing East to the East line of said Lot 9, to a point 25.4 feet South of the Northeast corner of said Lot 9; thence North 25.4 feet to the Northeast corner of said Lot 9; thence West to the place of beginning. EXCEPTING THEREFROM any part of the following property lying within the above description: From the Northwest corner of said Lot 9, measure South 02 degrees 16 minutes 34 seconds West along the West line of said Lot 9, 1.65 feet to the Northwest corner of a building and the point of beginning of the land herein described; thence the following courses and distances along the face of a building: South 88 degrees 07 minutes 44 seconds East 18.68 feet, South 01 degree 53 minutes 49 seconds West 11.02 feet, South 88 degrees 10 minutes 52 seconds East 20.00 feet, South 01 degree 12 minutes 19 seconds West 25.85 feet; and North 87 degrees 44 minutes 14 seconds West 5.85 feet to a chimney; thence along the face of chimney South 03 degrees 55 minutes 33 seconds West 1.31 feet; North 86 degrees 04 minutes 27 seconds West 1.33 feet; and North 03 degrees 55 minutes 33 seconds East 1.27 feet to the face of a building; thence North 87 degrees 44 minutes 14 seconds West, along said face of building, 10.43 feet to a common wall between two buildings; thence North 02 degrees 26 minutes 15 seconds East, along said common interior wall, 12.61 feet to a common interior wall of building; thence North 87 degrees 47 minutes 15 seconds West, along said wall, 21.66 feet to the West line of said Lot 9; thence North 02 degrees 16 minutes 34 seconds East, along said line, 23.83 feet to the point of beginning. PARCEL 3: The West 24 feet of Lot 10 of WILLIAM JUSTICE PLAT, according to the plat thereof recorded in Liber “C” of Deeds, page 628 of Berrien County Records. Parcel Nos. 11-72-3920-0009-03-1, 11-72-3920-0010-01-2, 11-72-3920-0009-05-7 and 11-72-3920-0010-00-4 Dated: April 19, 2018 Varnum LLP Steven T. Buquicchio, Esq. Attorneys for Mortgagee P.O. Box 352 Grand Rapids, Michigan 49501-0352 (616) 336-6000
(04-19)(05-10)
Leave a Reply
You must be logged in to post a comment.