3770 SW Capital Avenue, Battle Creek, MI 49015
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Public Foreclosure Notice
NOTICE OF FORECLOSURE SALE BY ADVERTISEMENT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION WILL BE USED FOR THAT PURPOSE. PLEASE CONTACT OUR OFFICE AT THE NUMBER BELOW IF YOU ARE IN ACTIVE MILITARY DUTY. 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 Calhoun County, starting promptly at 9:00 a.m., on Thursday, July 2, 2026. 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 occurred in the conditions of a Mortgage (the "Mortgage") made by Battle Creek MOB, LP, a Texas limited partnership, as Mortgagor, to Waterford Bank, N.A., as Mortgagee. The Mortgage is dated December 21, 2017, and was recorded on January 8, 2018, in Liber 4199, Page 840, Calhoun County Records. The amount claimed to be due on said Mortgage and unpaid at the date of this Notice (including principal balance, accrued interest, costs, expenses, paid taxes, and attorney fees) as of May 26, 2026 is TWO MILLION FOUR HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED FORTY AND 30/100 DOLLARS ($2,418,740.30), including interest on the applicable indebtedness at the fixed rate of 5.35% per annum. This sum will increase as additional interest, costs, expenses, and attorney fees accrue under the Mortgage and its related note and which are permitted under Michigan law after the date of this Notice. No legal or equitable proceedings have been instituted to recover the debt secured by the Mortgage, and the power of sale in the Mortgage has become operative by reason of the default. NOTICE is now given that on Thursday, July 2, 2026 at 9:00 a.m. at the place for holding the Circuit Court for the County of Calhoun, the Mortgage will be foreclosed by a sale of the property herein described, or some part of them, at public auction, to the highest bidder, for the purpose of satisfying the amount due and unpaid on the Mortgage, along with interest due, the legal costs and charges of sale as allowed by statute and/or the Mortgage, and any taxes and insurance that the Mortgagee pays on or prior to the date of said sale. The property mentioned and described in the Mortgage, as located in the City of Battle Creek, County of Calhoun, and State of Michigan, is more particularly described as follows: Beginning at the Southeast corner of Section 35, Town 2 South, Range 8 West, City of Battle Creek, Calhoun County, Michigan; thence North 89 degrees 17 minutes 13 seconds West along the South line of said Section 35, 366.83 feet; thence North 00 degrees 22 minutes 02 seconds East 329.99 feet; thence south 89 degrees 38 minutes 00 seconds east 45.78 feet; thence 224.24 feet along the arc of a curve to the left whose radius is 165.00 feet and whose chord bears North 51 degrees 26 minutes 00 seconds East 207.38 feet; thence North 12 degrees 30 minutes 00 seconds East 124.28 feet; thence 41.83 feet along the arc of a curve to the left whose radius is 140.00 feet and whose chord bears South 81 degrees 01 minute 57 seconds East 41.68 feet; thence South 89 degrees 35 minutes 35 seconds East 92.79 feet to the East line of said Section 35; thence South 00 degrees 24 minutes 25 seconds West along said East line 577.73 feet to the place of beginning. Tax Parcel Number: 0085-00-915-0 Street Address: 3770 SW Capital Avenue, Battle Creek, Michigan 49015 together with all existing or subsequently erected or affixed buildings, improvements, and fixtures; all easements, rights of way, streets, roads, alleys, and public places, privileges, and appurtenances, public or private, now or later used in connection with the property; and all rights to make divisions of the land that are exempt from the platting requirements of all applicable land division or platting acts, as amended from time to time. Attention Purchasers: the foreclosing Mortgagee reserves the right to cancel the sale prior to sale or to rescind this sale at any time. In that event, your damages, if any, will be limited solely to the return of the bid amount tendered at the sale, plus interest. If the mortgaged property is sold at foreclosure sale under Chapter 32 of the Revised Judicature Act of 1961, 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 damaging the property during the redemption period. The length of the redemption period will be six (6) months from date of sale, unless the redemption period is shortened pursuant to MCL 600.3238, in which case the redemption period shall be 30 days from the date of sale or as otherwise provided by statute. DATED: MAY 26, 2026 ROBERT B. GOLDI (P39286) KOTZ SANGSTER WYSOCKI P.C., ATTORNEYS FOR WATERFORD BANK, N.A. 400 Renaissance Center, Suite 3400, Detroit, Michigan 48243 (313) 259-8598 (05-29)(06-19)
