2016-11-17 / Public Notices

Public Notices

Michigan law requires local governments to inform their citizenry through public notices published in newspapers of record for their communities. These notices provide residents with an easy path for following the work of their elected officials. Public notices for Leelanau County can also be accessed online at Leelanaunews.com.

Notices that can be found in Section Three of this week’s Leelanau Enterprise include:

 The Leelanau County Government Center will be closed on Thursday, November 24 and Friday, November 25, 2016, in observance of Thanksgiving Day and the day after Thanksgiving.

 Northport Village Public Notice an ordinance to regulate junk in the Village of Northport. This ordinance shall be known and cited as the “Village of Northport Junk Ordinance.

Public Notice

NOTICE OF MORTGAGE FORECLOSURE SALE

THIS MORTGAGE FORECLOSURE BY ADVERTISEMENT IS AN ATTEMPT TO COLLECT A DEBT. THIS FIRM IS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.

PLEASE CONTACT OUR OFFICE AT THE NUMBER BELOW IF YOU ARE IN ACTIVE MILITARY DUTY.

ATTN: PURCHASERS: This sale may be rescinded by the foreclosing mortgagee. In that event, your damages, if any, shall be limited solely to the return of your bid amount tendered at sale, plus interest.

Default having been made in the terms and conditions of a certain Mortgage made by FREDERICK DOUGLAS FORD, a married man and MAUREEN G. FORD, his wife, of 312 W. Jefferson, Suttons Bay, Michigan 49682, MORTGAGOR, to TEAM ONE CREDIT UNION, 520 Hayden St., Saginaw, MI 48607, MORTGAGEE, said Mortgage dated, April 29, 2004 and recorded in the Office of the Register of Deeds for Leelanau County, Michigan in Liber 802 Page 185 of Mortgages, on May 5, 2004, on which Mortgage there is claimed to be due at the date of this Notice a principal balance in the amount of Two Hundred Twenty One Thousand Twenty Eight Dollars and Fifty Seven Cents ($221,028.57) plus interest and costs.

And no suit or proceedings at law or in equity have been instituted to recover the debt secured by said Mortgage, or any part thereof, NOW THEREFORE, by virtue of the power of sale contained in said Mortgage, and pursuant to the statute of the State of Michigan in such case made and provided, NOTICE IS HEREBY GIVEN that on the 2nd day of December, 2016, at 11 a.m. on said day, at the Courthouse in the City of Suttons Bay, County of Leelanau, and State of Michigan, that being the place of holding Circuit Court for said County, said Mortgage will be foreclosed by sale at public auction, to the highest bidder, of the said premises described in said Mortgage, or so much thereof as may be necessary to pay the amount due as aforesaid on said mortgage with interest thereon, at the rate of Seven Point One Two Five (7.125%) percent per annum, and all legal costs, charges and expenses, including the attorney fees allowed by law, and also any sums which may be paid by the undersigned necessary to protect its interest in the premises, which said premises are described as follows:

Property situated in the Village of Suttons Bay, State of Michigan, to-wit:

Part of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 29, Township 30 North, Range 11 West, described more fully as follows: Commencing at the East 1/4 corner of said Section 29; thence North 01 degrees 28 minutes 43 seconds West along the East line of said Section 29, 673.96 feet to the South line of said North 1/2 of the Southeast 1/4 of the Northeast 1/4 as previously monumented and perpetuated; thence South 89 degrees 11 minutes 59 seconds West (also recorded as South 89 degrees 25 minutes 00 seconds West), along said South line, 301.22 feet for the point of beginning; thence continuing South 89 degrees 11 minutes 59 seconds West (also recorded as South 89 degrees 25 minutes 00 seconds West), along said South line, 271.53 feet; thence North 00 degrees 48 minutes 01 seconds West 350.73 feet; thence North 89 degrees 11 minutes 59 seconds East, 62.16 feet; thence South 32 degrees 56 minutes 29 seconds East, 51.18 feet (also recorded as South 32 degrees 24 minutes 55 seconds East, 50.33 feet); thence South 65 degrees 20 minutes 42 seconds East, 55.35 feet (also recorded as South 65 degrees 24 minutes 20 seconds East, 55.36 feet; thence North 84 degrees 47 minutes 25 seconds East, 54.93 feet (also recorded as North 84 degrees 45 minutes 51 seconds East, 55.09 feet); thence North 00 degrees 33 minutes 22 seconds East (also recorded as North 00 degrees 34 minutes 30 seconds East) 10.00 feet; thence South 65 degrees 18 minutes 39 seconds East (also recorded as South 65 degrees 24 minutes 20 seconds East), 200.00 feet; thence South 25 degrees 13 minutes 20 seconds West, 235.65 feet to the point of beginning.

Subject to and together with a nonexclusive easement for ingress, egress and the installation and maintenance of public and private utilities over, across and under a 66.00 foot wide strip of land situated in the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 29, Township 30 North, Range 11 West, said strip being described more fully as follows: Commencing at the East 1/4 corner of said Section 29; thence North 01 degrees 28 minutes 43 seconds West along the East line of said Section 29, 838.86 feet to the Southwest corner of Jefferson Avenue, a platted public street, for the point of beginning; thence South 88 degrees 59 minutes 22 seconds West, 28.94 feet; thence South 58 degrees 16 minutes 50 seconds West, 169.84 feet; thence North 72 degrees 35 minutes 57 seconds West, 92.48 feet; thence North 34 degrees 26 minutes 12 seconds West, 112.57 feet; thence North 65 degrees 18 minutes 39 seconds West, 86.47 feet; thence North 68 degrees 59 minutes 25 seconds West, 180.84 feet; thence North 00 degrees 48 minutes 01 seconds West, 46.21 feet; thence North 05 degrees 04 minutes 39 seconds East, 24.02 feet; thence South 68 degrees 59 minutes 25 seconds East, 206.71 feet; thence South 65 degrees 18 minutes 39 seconds East, 106.82 feet; thence South 34 degrees 26 minutes 12 seconds East, 107.96 feet; thence South 72 degrees 35 minutes 57 seconds East, 39.49 feet; thence North 58 degrees 16 minutes 50 seconds East, 157.80 feet; thence North 88 degrees 59 minutes 22 seconds East, 46.52 feet to said East section line; thence South 01 degrees 28 minutes 43 seconds East along said section line and the West line of the aforesaid Jefferson Avenue, 66.00 feet to the point of beginning.

Pursuant to Section 27A3240 (3), Michigan Statutes Annotated the redemption period is six (6) months from the date of the above referenced sale, unless determined abandoned in accordance with MSA 27A3241a, in which case the redemption period shall be 30 days from the date of such sale, unless redeemed according to the law, in such case made and provided.

CHRIST A. ANAGNOST (P10161)
Attorney for Team One Credit Union
PREPARED BY:
SUSAN BRADY & ASSOCIATES,
PLLC
BY: CHRIST A. ANAGNOST
(P10161)
4334 State St., Ste. 3
Saginaw, Michigan 48603
(989) 793-1470

Public Notice

The Leelanau County Government Center will be closed on Thursday, November 24 and Friday, November 25, 2016, in observance of Thanksgiving Day and the day after Thanksgiving.

As approved by the Leelanau County Board of Commissioners and as approved in the Leelanau County Personnel Policy Manual and the Teamster’s Local #214 union contract, Thanksgiving and the day after Thanksgiving are holidays and shall be observed.

Respectfully,
Carolyn Rentenbach, Chairman
Leelanau County Board of
Commissioners

Northport Village Public Notice

STATE OF MICHIGAN COUNTY OF LEELANAU VILLAGE OF NORTHPORT ORDINANCE NO. 120 AN ORDINANCE TO REGULATE JUNK THE VILLAGE OF NORTHPORT ORDAINS:

SECTION 1 TITLE

This ordinance shall be known and cited as the “Village of Northport Junk Ordinance.”

SECTION 2 PURPOSE

The purposes of this ordinance are to:

A. Promote and protect the health, safety, and general welfare of the residents and property owners in the Village.

B. Limit the outdoor storage of junk and inoperable and junk vehicles for the purpose of protecting property values and the health, safety, and welfare of residents of the Village.

C. Protect the Village’s natural resources.

SECTION 3 AUTHORIZATION

This ordinance is authorized and enacted pursuant to MCL 66.1, et seq, and other applicable laws.

SECTION 4 DEFINITIONS

For the purpose of this ordinance, the following terms shall have the following meanings:

A. JUNK means:

1. Old scrap ferrous or nonferrous material, garbage, trash, rubber, worn tires, cloth, paper, rubbish, refuse, litter, unused furniture;

2. Materials from demolition, waste building materials;

3. Any abandoned, scrapped, dismantled or wrecked (including parts of or items held for salvaging parts) vehicles, boats, trailers, mobile homes, appliances, or other equipment.

B. INOPERABLE VEHICLE (“IV”) means any or all of the following:

1. Any vehicle or motor vehicle which is dismantled, in whole or in part, or which is not mechanically operable as a result of a defect, malfunction, or state of disrepair.

2. Any vehicle or motor vehicle which cannot be legally operated on public streets or highways by reason of lacking the equipment required by State Motor Vehicle Code and/or other laws of the State of Michigan.

3. Any vehicle or motor vehicle which is not currently licensed, or for which the vehicle registration has expired, or which is not capable of being licensed for operation upon the public streets and highways under the provisions of the State Motor Vehicle Code, or other applicable provisions of the laws of the State of Michigan.

The definition of “inoperable vehicle” does not include any of the following:

1. A motor vehicle which is mechanically operable, but unlicensed because it is owned, leased, or co-signed to a duly licensed and lawful new or used car dealer, if the motor vehicle is located on premises under the control of the car dealer for the purpose of sale or delivery; or

2. A vehicle or motor vehicle which is stored on the premises of a duly licensed and lawful vehicle or motor vehicle repair shop or a licensed and lawful vehicle impoundment facility which has all licenses or registrations required by the State of Michigan; provided, further, that all vehicles and motor vehicles stored on the premises of the repair shop or impoundment facility must be stored either entirely within a building or within an area completely enclosed by a fence not less than seven feet in height, and so that any vehicle or motor vehicle cannot be seen from any public right of way or from adjacent property. a. A fence utilized to meet the requirements of this provision shall be well maintained and shall be constructed of materials that are designed for fencing purposes, such as chain link fence with privacy slats, a wooden fence with continuous or overlapping pickets, or a substantial equivalent. Used or discarded materials such as concrete, railroad ties, pallets, tree stumps, trash, tires, junk, or other similar material shall not be used for fencing purposes. b. Notwithstanding the above requirements, a vehicle or motor vehicle that is stored on the premises of a licensed repair shop and which is subject to this provision may be stored outdoors, in an unenclosed area, for not more than seven total days during the course of repairing such vehicle or motor vehicle.

C. JUNK VEHICLE (“JV”) means any or all of the following:

1. Any vehicle or motor vehicle which by reason of damage resulting from an accident, dismantling, disrepair or other cause that is incapable of being propelled under its own power, or which is missing a major component part, including, but not limited to: a. The engine b. The transmission c. The right or left front fender d. The hood e. A door allowing ingress or egress from the vehicle’s passenger compartment f. The front or rear bumper g. The right or left rear quarter panel h. The deck lid, tailgate, or hatchback i. The trunk floor pan j. The cargo box of a pickup k. The frame, or if the vehicle has a unitized body, the supporting structure or structures which serve as the frame l. The cab of a truck m. The body of a passenger vehicle n. The window glass o.The wheels

2. Any vehicle or motor vehicle that is unsafe for operation in the manner for which it was designed, manufactured, or modified by reason of damage resulting from an accident, dismantling, disrepair, or other cause.

3. Any vehicle or motor vehicle that is unsafe for operation in the manner for which it was designed, manufactured, or modified by reason of its inability to comply with any code, regulation, or statutes established by the State of Michigan governing the operation of such vehicle or motor vehicle.

4. Any vehicle or motor vehicle which has been so damaged or dismantled so as to be a total loss.

5. Any component part of a vehicle or motor vehicle, including tires and wheels, which by reason of disrepair, damage, or other cause is incapable of functioning or being operated in the manner for which it was designed, manufactured, or modified.

The definition of “junk vehicle” does not include any item excluded from the definition of “inoperable vehicle” under Section 4(B) of this ordinance.

D. TOTAL LOSS means where the cost to fully repair a damaged or dismantled vehicle or motor vehicles exceeds the fair market value for such vehicle. Fair market value may be determined by using any nationally-recognized appraisal book or method.

E. VEHICLE means every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, excepting devices moved by human power or used exclusively upon rails or tracks.

SECTION 5 UNLAWFUL ACTS

It shall be unlawful for a person to store or allow the accumulation of Junk, IVs or JVs on a parcel of land other than that occupied by a licensed, permitted junkyard, unless all of the following conditions are met:

A. At no time shall there be more than one (1) IV or JV or, alternatively, more than one (1) large items of junk, or the equivalent in volume – abandoned, scrap, dismantled or wrecked (including parts of) automobiles, farm equipment, trailers, mobile homes, and all other machines, etc. – on the parcel. For the purposes of this Section, a large item of junk consists of either a single piece of Junk, such as a wrecked trailer or refrigerator, or several pieces of Junk of a combined size of no more than three (3) cubic yards.

B. No IV, JV or Junk can be visible from a road or from adjacent parcels.

SECTION 6 PERSONS AUTHORIZED TO ENFORCE THIS ORDINANCE AND TO ISSUE MUNICIPAL CIVIL INFRACTION CITATIONS

The following persons are authorized to enforce this Ordinance and to issue municipal civil infraction citations under this Ordinance pursuant to MCL 600.8701-8735, as amended of the Revised Judicature Act:

A. Village DPW Superintendent;

B. Village Zoning Administrator;

C. Village Administrative Coordinator;

D. Leelanau County Sheriff Deputies; and

E. All other persons authorized by Resolution of the Village Council.

SECTION 7 ADMINISTRATIVE ENFORCEMENT PRIOR TO THE INITIATION OF COURT ENFORCEMENT PROCEEDINGS

Prior to commencing a Court enforcement action and the issuance of a Municipal Civil Infraction Citation, the person(s) designated by the Village to enforce this Ordinance by issuing municipal civil infraction citations shall:

A. Document facts to identify the basis of the violation of this ordinance.

B. Meet or communicate with the owner or occupant of the land to explain the violation.

C. Identify necessary measures to correct the violation. The Enforcement Officer will provide detailed comprehensive instruction and information that will allow self-compliance with the desired goals of the junk and blight ordinance. This guidance will include; date/time of Community clean up days, sanitation companies servicing the local area for bagging materials and dumpster rental, and information on local companies for disposal of junk vehicles.

D. Notify the owner or the occupant of the property in writing to remove or eliminate Junk, JVs or IVs from such property within twenty one (21) days after service of notice to the owner/ occupant.

E. Notice to the owner or occupant of property shall be in writing and shall be served either personally, or by posting the notice on the building or property, or by first class mail, or by any combination of the foregoing methods.

F. Failure by the owner or occupant of the property to comply with such notice within the time allowed shall constitute a violation of this Ordinance. Thereafter, the person authorized to enforce this ordinance may issue a municipal civil infraction citation in accordance with the notice and other procedures of MCL 600.8701, et seq, as amended of the Revised Judicature Act.

SECTION 8 MUNICIPAL CIVIL INFRACTION PENALTIES

Any person violating this Ordinance shall be deemed to be responsible for a municipal civil infraction and shall be subject to the schedule of civil fines set forth below along with costs, which may include all expenses, direct and indirect, to which the Village has been put in connection with the municipal civil infraction. In no case, however, shall costs of less than $9.00 or more than $500.00 be ordered. Each day that a violation continues to exist shall constitute a separate violation of this Ordinance. A Violator of this Ordinance shall also be subject to such additional sanctions and judicial orders as are authorized under Michigan Law, including injunctive orders requiring removal of junk/blight from Property and allowing the Village to remove junk/blight from property if the person fails to do so, and to recover the Village’s costs in doing so.

A. First Offense: Fined $100.00 plus applicable and associated additional cost incurred in enforcement by the Village.

B. Second Offense: Fined $200.00 plus applicable and associated additional cost incurred in enforcement by the Village for each continuing violation of a previous violation which person had been previously determined responsible or admitted responsibility.

C. If the person responsible for the municipal civil infraction shall fail to pay any fines or costs as set forth within this Section (including any and all costs incurred by the Village, Village officials or their representative in removing or causing to be removed any Junk, IVs or JVs from property), within 30 days after payment is ordered, the Village may obtain a Lien against the land, building, or structure containing the Junk, IVs or JVs. The Lien may be enforced and discharged in accordance with the procedures in the Revised Judicative Act for municipal civil infractions, MCL 600.8701, et seq, as amended, the manner prescribed by the General Property Tax Act, MCL 211.1, et seq, as amended.

SECTION 9 SEVERABILITY

This Ordinance and the various parts, sections, sub-sections, phrases, sentences, paragraph, and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section, subsection, phrases, or clause is adjudged unconstitutional or invalid, it shall not affect the remainder of the Ordinance.

SECTION 10 REPEAL

This Ordinance repeals any prior Northport Village Junk or Nuisance Ordinance.

SECTION 11 EFFECTIVE DATE AND ADOPTION

This Ordinance shall take effect on the 20th day after its passage, or upon the date of its publication, which occurs first.

Date Approved:

Those Voting in Favor:

Those Voting Against:

Those Absent or Abstaining:

CERTIFICATION

I, Joni L. Scott, Clerk of the Village of Northport, Leelanau County, Michigan, do hereby certify that the above is a true and correct copy of the Northport Village Junk and Inoperable Vehicle Ordinance of 2016 as adopted by the Northport Village Council at a meeting held on the day of , 2016, at which a quorum was present.

Date:

Joni Scott, Clerk
Village of Northport
Published:
Filed with the County Clerk:

Public Notice

IF YOU ARE NOW ON ACTIVE MILITARY DUTY OR HAVE BEEN IN THE PRIOR ONE YEAR, PLEASE CONTACT OUR OFFICE AT 248-502-1400.

MORTGAGE SALE - Default has been made in the conditions of a mortgage made by Jason Harper, an unmarried man, to Fifth Third Mortgage-MI, LLC, Mortgagee, dated January 9, 2014 and recorded January 17, 2014 in Liber 1189, Page 736, Leelanau County Records, Michigan. Said mortgage is now held by Fifth Third Mortgage Company, by assignment. There is claimed to be due at the date hereof the sum of One Hundred Ninety Thousand Five Hundred Three and 96/100 Dollars ($190,503.96), including interest at 4.25% per annum.

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 Leelanau County, Michigan at 11:00 AM on DECEMBER 16, 2016.

Said premises are located in the Township of Elmwood, Leelanau County Michigan, and are described as:

Lot 1, Hidden Hills, according to the Plat thereof as recorded in Liber 7 of Plats, Pages 35 and 36 and as amended in Liber 8 of Plats, Page 1. Situated in the Township of Elmwood, County of Leelanau, State of Michigan.

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. 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.

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: November 17, 2016
Orlans Associates, P.C.
Attorneys for Servicer
P.O. Box 5041
Troy, MI 48007
File No. 16-013585
(11-17)(12-08)

Public Notice

Notice Of Mortgage Foreclosure Sale

This firm is a debt collector attempting to collect a debt. Any information we obtain will be used for that purpose.

Default has occurred in the conditions of a mortgage made by ALBERT K. JACOBY and BARBARA JEAN JACOBY, husband and wife (collectively, “Mortgagor”), to NORTHWESTERN MORTGAGE COMPANY, now a dissolved Michigan corporation, of 235 E. Main Street, Midland, Michigan 48640, dated March 25, 2003, and recorded in the office of the Register of Deeds for Leelanau County, Michigan on April 7, 2003, in Liber 719, Page 476 and which mortgage was assigned to CHEMICAL BANK, a Michigan banking corporation, having an office at 333 E. Main Street, Midland, Michigan 48640-6511 (the “Mortgagee”), pursuant to an assignment of mortgage, evidence of which is being recorded (the “Mortgage”). By reason of such default, the Mortgagee elects to declare and hereby declares the entire unpaid amount of the Mortgage due and payable forthwith. Mortgagee is the owner of the indebtedness secured by the Mortgage.

As of the date of this Notice there is claimed to be due for principal and interest on the Mortgage the sum of One Hundred Fifty Six Thousand Forty and 62/100 Dollars ($156,040.62). No suit or proceeding at law has been instituted to recover the debt secured by the Mortgage or any part thereof.

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 the above amount, with interest, as provided in the Mortgage, and all legal costs, charges and expenses, including the attorney fee allowed by law, and all taxes and insurance premiums paid by the undersigned before sale, the Mortgage will be foreclosed by sale of the mortgaged premises at public vendue to the highest bidder at the Leelanau County Building in Suttons Bay, Michigan on Friday the 16th day of December, 2016, at eleven o’clock in the forenoon. The premises covered by the Mortgage are situated in the Township of Leland, County of Leelanau, State of Michigan, and are described as follows:

Lots 3 and 5, Block 3, Bartons Addition to the Village of Leland, according to the recorded plat thereof.

Together with all the improvements erected on the real estate, and all easements, appurtenances, and fixtures a part of the property, and all replacements and additions.

Commonly known as: 505 S. Grand Street, Leland, Michigan 49654

P.P. #45-009-550-303-00

Notice is further given that the length of the redemption period will be six (6) months from the date of sale, unless the premises are abandoned. If the premises are abandoned, the redemption period will be the later of thirty (30) days from the date of the sale or upon expiration of fifteen (15) days after the Mortgagor is given notice pursuant to MCLA §600.3241a(b) that the premises are considered abandoned and Mortgagor, Mortgagor’s heirs, executor, or administrator, or a person lawfully claiming from or under one (1) of them has not given the written notice required by MCLA §600.3241a(c) stating that the premises are not abandoned.

If the premises are sold at a foreclosure sale, under MCLA §600.3278 the Mortgagor will be held responsible to the person who buys the premises at the mortgage foreclosure sale or to the Mortgagee for damaging the premises during the redemption period.

Dated: November 10, 2016
CHEMICAL BANK
Mortgagee
Timothy Hillegonds
WARNER NORCROSS & JUDD LLP
900 Fifth Third Center
111 Lyon Street, N.W.
Grand Rapids, MI 49503-2487
(616) 752-2000
15091292-1

Public Notice

FORECLOSURE NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR COLLECTING A DEBT. IF THE DEBT WAS DISCHARGED IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS NOT AN ATTEMPT TO COLLECT THAT DEBT. If you are in the Military, please contact our office at the number listed below. ATTN PURCHASERS: This sale may be rescinded by the foreclosing mortgagee for any reason. In that event, your damages, if any, shall be limited solely to the return of the bid amount tendered at sale, plus interest, and the purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee’s attorney. MORTGAGE SALE – Default has been made in the conditions of a certain mortgage made by: Thomas A. Kernstock and Carol Kernstock, Husband and Wife to Fifth Third Bank (N. Michigan), Mortgagee, dated October 25, 2007 and recorded November 8, 2007 in Liber 959 Page 346 Leelanau County Records, Michigan on which mortgage there is claimed to be due at the date hereof the sum of One Hundred Forty-One Thousand Four Hundred Eighty-Eight Dollars and Sixty- Nine Cents ($141,488.69) including interest 7.24% per annum. 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, the Circuit Court of Leelanau County at 11 a.m. on December 2, 2016. Said premises are situated in Township of Glen Arbor, Leelanau County, Michigan, and are described as: UNIT 52, SOUTH BEACH, A CONDOMINIUM ACCORDING TO THE MASTER DEED RECORDED IN LIBER 243, PAGES 1 THRU 74, AND ANY AMENDMENTS THERETO, LEELANAU COUNTY RECORDS, AND DESIGNATED AS LEELANAU COUNTY CONDOMINIUM SUBDIVISION PLAN NO. 23, TOGETHER WITH RIGHTS IN GENERAL COMMON ELEMENTS AND LIMITED COMMON ELEMENTS, AS SET FORTH IN ABOVE DESCRIBED MASTER DEED AND AS DESCRIBED IN ACT 59 OF THE PUBLIC ACTS OF 1978 AS AMENDED. Commonly known as Unit 52 South Beach, Glen Arbor, MI 49636. The redemption period shall be six months from the date of such sale, unless determined abandoned in accordance with MCL 600.3241 or 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. Dated: 10/27/2016 Fifth Third Bank, an Ohio Banking Corporation successor by merger to Fifth Third Bank, a Michigan Banking Corporation doing business as Fifth Third Bank (N. Michigan) Assignee of Mortgagee Attorneys: Potestivo & Associates, P.C. 251 Diversion Street Rochester, MI 48307, 248-853-4400. Our File No: 102130 (10-27)(11-17)

Public Notice

IF YOU ARE NOW ON ACTIVE MILITARY DUTY OR HAVE BEEN IN THE PRIOR ONE YEAR, PLEASE CONTACT OUR OFFICE AT 248-502- 1400.

MORTGAGE SALE - Default has been made in the conditions of a mortgage made by Heather M. White Trust, Dated November 13, 1996 and amended March 19, 1998, to Wells Fargo Bank, N.A., Mortgagee, dated December 12, 2005 and recorded December 15, 2005 in Liber 884, Page 769, and Judgment Quieting Title to Property recorded on October 25, 2016, in liber 1276, page 733, Leelanau County Records, Michigan. Said mortgage is now held by U.S. Bank National Association, as Trustee for Banc of America Funding Corporation 2007-C, by assignment. There is claimed to be due at the date hereof the sum of Eight Hundred Sixty-Seven Thousand Four Hundred Forty-Four and 53/100 Dollars ($867,444.53), including interest at 3.25% per annum.

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 Leelanau County, Michigan at 11:00 AM on December 16, 2016.

Said premises are located in the Township of Leelanau, Leelanau County Michigan, and are described as:

The Southerly 25 feet of Lot 5, as measured along the shore of Lake Michigan, and all of Lot 6, Roaring Brook, according to the Plat thereof, as recorded in Liber 2 of Plats, Page 16.

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. 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.

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: November 17, 2016
Orlans Associates, P.C.
Attorneys for Servicer
P.O. Box 5041
Troy, MI 48007
File No. 16-002736
(11-17)(12-08)

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