2017-06-08 / Public Notices

Public Notices For Leelanau County

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 Two of this week’s Leelanau Enterprise include:

 Notice to Creditors

 Notice of Foreclosure Elmwood Township

Public Notice

Notice To Creditors
Date: May 31, 2017

TO ALL CREDITORS: Chemical Bank, Trustee of the James W. Frederick Trust, U/T/D March 26, 1984, as amended, hereby gives notice that the settlor of the above-referenced trust, James W. Frederick, whose date of birth was February 3, 1920, and who resided in Leelanau County, Michigan, died May 24, 2017.

Creditors of James W. Frederick or the Trust are notified that all claims against the estate or Trust will be forever barred unless presented to Chemical Bank, Trustee of the James W. Frederick Trust, U/T/D March 26, 1984, as amended, c/o Timothy J. Clulo, Bowerman, Bowden, Ford, Clulo & Luyt, P.C., attorneys for Chemical Bank, Trustee of the James W. Frederick Trust, U/T/D March 26, 1984, 620-A Woodmere Avenue, Traverse City, Michigan 49686, within four (4) months after June 6, 2017, the date of publication of this ntoice.

Public Notice

NOTICE OF FORECLOSURE

THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT; ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU ARE IN ACTIVE MILITARY SERVICE PLEASE CONTACT OUR OFFICE AT THE NUMBER BELOW.

Notice under MCL 600.3278: Pursuant to MCL 600.3278, if the property is sold at a foreclosure sale under MCL 600.3201 et. seq., the borrower will be held responsible to the person who buys the property at the mortgage foreclosure sale or the mortgage holder for damaging the property during the redemption period.

ATTENTION POTENTIAL PURCHASERS AT FORECLOSURE SALE: In the case of resolution prior to or simultaneously with the aforementioned foreclosure sale, Traverse City State Bank may rescind this sale at any time prior to the end of the redemption period. In that event, your damages, if any, shall be limited to the return of your bid amount tendered at the sale, plus interest. The purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney.

An event permitting foreclosure by advertisement under MCL 600.3201 et seq., having occurred in the conditions of a Mortgage made by Theodore H. Stegman and Mary E. Stegman, husband and wife (“Mortgagor”) to Traverse City State Bank, dated March 24, 2011, and recorded in the Office of the Register of Deeds for the County of Leelanau in the State of Michigan on March 30, 2011, in Liber 1082, Page(s) 117, et. seq., on which Mortgage there is claimed to be due as of the date of this Notice the sum of $908,976.59, which amount may or may not be the entire indebtedness owed by Mortgagor to Traverse City State Bank together with interest at 6.125 percent per annum.

NOW THEREFORE, Notice is hereby given that the power of sale contained in said Mortgage has become operative and that pursuant to that power of sale and MCL 600.3201 et. seq., on July 7, 2017, at 11:00 a.m., in the main lobby of the Government Center, which is located at 8527 E. Government Center Drive, Suttons Bay, Michigan, that being the place for holding the Circuit Court and/ or for conducting such foreclosure sales for the County of Leelanau, there will be offered at public sale, the premises, or some part thereof, described in said Mortgage as follows, to-wit:

Land, situated in the Township of Elmwood, County of Leelanau, State of Michigan, described as:

PARCEL C:

Part of Section 8, Town 28 North, Range 11 West, more fully described as follows: Commencing at the North ¼ corner of Section 8; thence South 00 degrees 15’30” West, 1331.97 feet along the North and South ¼ line; thence South 89 degrees 41’40” East, 125.00 feet along the North 1/8 line to the Point of Beginning; thence continuing South 89 degrees 41’40” East, 1194.83 feet; thence South 00 degrees 16’20” West, 566.13 feet along the East 1/8 line; thence South 36 degrees 58’39” West, 1346.27 feet; thence along a 300.00 foot radius curve to the right (central angle = 23 degrees 22’15”, chord bearing = North 20 degrees 55’04” West, chord dist. = 121.52 feet) for 122.37 feet; thence North 09 degrees 13’56” West, 218.08 feet; thence North 12 degrees 58’30” West, 1353.79 feet to the Point of Beginning.

EASEMENT PARCEL:

A 66 foot wide easement for ingress, egress and the installation and maintenance of public and private utilities in part of Section 8, Town 28 North, Range 11 West, the centerline of which is more fully described as follows:

Commencing at the North ¼ corner of Section 8; thence South 00 degrees 115’30” West, 1331.97 feet along the North and South ¼ line; thence South 89 degrees 41’40” East, 125.00 feet along the North 1/8 line; thence South 12 degrees 58’30” East, 1353.79 feet to the center of a 60 foot radius circle and the Point of Beginning of said easement centerline; thence South 09 degrees 13’56” East, 218.08 feet; thence along a 300.00 foot radius curve to the left (central angle = 48 degrees 53’27”, chord bearing = South 33 degrees 40’40” East, chord dist. =248.30 feet) for 255.99 feet; thence along a 150.00 foot radius curve to the right (central angle = 71 degrees 13’38”, chord bearing = South 22 degrees 30’34” East, chord dist. = 174.69 feet) for 186.47 feet; thence South 10 degrees 38’03” West, 119.45 feet; thence along a 400.00 foot radius curve to the right (central angle = 13 degrees 24’47”, chord bearing = South 17 degrees 20’27” West, chord dist. = 93.43 feet) for 93.64 feet; thence along a 150.00 foot radius curve to the left; (central angle = 73 degrees 44’16”, chord bearing = South 11 degrees 25’05” East, chord dist. = 180.00 feet) for 193.04 feet; thence South 46 degrees 49’00” East, 102.18 feet; thence along a 388.00 foot radius curve to the right (central angle = 12 degrees 46’36”, chord bearing = South 40 degrees 25’42” East, chord dist. = 86.34 feet) for 86.52 feet; thence South 34 degrees 02’24” East, 171.11 feet to the centerline of Crain Hill Road and the Point of Ending of said Easement centerline.

ALSO:

TRANSFER PARCEL:

Part of Section 8, Town 28 North, Range 11 West, Elmwood Township, Leelanau County, Michigan, more fully described as follows: Commencing at the North ¼ corner of said Section 8; thence South 00 degrees 15’30” West, 1331.97 feet along the North and South ¼ line of said Section to the North 1/8 line of said section; thence South 89 degrees 41’40” East, 125.00 feet along said North 1/8 line; thence South 12 degrees 58’30” East, 453.79 feet to the Point of Beginning; thence South 12 degrees 58’30” East, 900.00 feet; thence South 09 degrees 26’17” East, 22.71 feet (previously recorded as South 09 degrees 13’56” East) to the centerline of a 66 foot wide easement; thence along said centerline the following 4 courses: North 77 degrees 41’22” West, 77.37 feet; thence Northwesterly, 105.68 feet along the arc of a 93.09 foot radius curve to the right, the central angle of which is 65 degrees 02’47” and the long chord of which bears North 45 degrees 09’58” West, 100.10 feet; thence Northwesterly, 234.77 feet along the arc of a 185.08 foot radius curve to the left, the central angle of which is 72 degrees 40’50” and the long chord of which bears North 48 degrees 59’00” West, 219.34 feet; thence Northwesterly, 356.31 feet along the arc of a 304.05 foot radius curve to the right, the central angle of which is 67 degrees 08’38” and the long chord of which bears North 51 degrees 45’06” West, 336.27 feet; thence North 33 degrees 43’25” East, 304.13 feet; thence North 44 degrees 11’31” East, 289.08 feet to the Point of Beginning.

EASEMENT PARCEL:

A 66 foot wide easement for ingress, egress and the installation and maintenance of public and private utilities in part of Section 8, Town 28 North, Range 11 West, Elmwood Township, Leelanau County, Michigan, the centerline of which is more fully described as follows: As furnished: Commencing at the North ¼ corner of Section 8; thence South 00 degrees 15’30” West, 1331.97 feet along the North and South ¼ line; thence South 00 degrees 15’30” West, 1331.97 feet along the North and South ¼ line; thence South 89 degrees 41’40” East, 125.00 feet along the North 1/8 line of said section; thence South 12 degrees 58’30” East, 1353.79 feet to the center of a 60 foot radius circle and the Point of Beginning of said easement centerline; thence South 09 degrees 13’56” East, 218.08 feet; thence along a 300.00 foot radius curve to the left (central angle = 48 degrees 53’27”, chord bearing = South 33 degrees 40’40” East, chord dist. = 248.30 feet) for 255.99 feet; thence along a 150.00 foot radius curve to the right (central angle = 71 degrees 13’38”, chord bearing = South 22 degrees 30’34” East, 174.69 feet) for 186.47 feet; thence South 10 degrees 38’03” West, 119.45 feet; thence along a 400.00 foot radius curve to the right (central angle = 13 degrees 24’47”, chord bearing = South 17 degrees 20’27” West, chord dist. = 93.43 feet) for 93.64 feet; thence along a 150.00 foot radius curve to the left (central angle = 73 degrees 44’16”, chord bearing = South 11 degrees 25’05” East, chord dist. = 180.00 feet) for 193.04 feet; thence South 46 degrees 49’00” East, 102.18 feet; thence along a 388.00 foot radius curve to the right (central angle = 12 degrees 46’36”, chord bearing = South 40 degrees 25’42” East, chord dist. = 86.34 feet) for 86.52 feet; thence South 34 degrees 02’24” East, 171.11 feet to the centerline of Crain Hill Road and the Point of Ending of said easement centerline.

EASEMENT:

A 66 foot wide easement for ingress, egress and the installation and maintenance of public and private utilities in part of Section 8, Town 28 North, Range 11 West, Elmwood Township, Leelanau County, Michigan, the centerline of which is more fully described as follows: Commencing at the North ¼ corner of Section 8; thence south 00 degrees 15’30” West, 1331.97 feet along the North and South ¼ line; thence South 89 degrees 41’40” East, 125.00 feet along the North 1/8 line of said section; thence South 12 degrees 58’30” East, 1353.79 feet; thence South 09 degrees 26’17” East, 22.71 feet (previously recorded as South 09 degrees 13’56” East) to the Point of Beginning of said easement centerline; thence along said centerline the following 5 courses; North 77 degrees 41’22” West, 77.37 feet; thence Northwesterly, 105.68 feet along the arc of a 93.09 foot radius curve to the right, the central angle of which is 65 degrees 02’47” and the long chord of which bears North 45 degrees 09’58” West, 100.10 feet; thence Northwesterly, 234.77 feet along the arc of a 185.08 foot radius curve to the left, the central angle of which is 72 degrees 40’50” and the long chord of which bears North 48 degrees 59’00” West, 219.34 feet; thence Northwesterly, 527.54 feet along the arc of a 304.05 foot radius curve to the right, the central angle of which is 99 degrees 24’41” and the long chord of which bears North 35 degrees 37’04” West, 463.81 feet; thence North 14 degrees 05’16” East, 122.50 feet to the center of a 66 foot radius cul-de-sac and the Point of Ending of said easement centerline, the sidelines of said easement are to meet at the cul-de-sac with a 100.00 foot radius fillet.

The redemption period shall be 6 months unless the property is established to be abandoned pursuant to MCL 600.3241a, in which case the redemption period shall be the later of thirty (30) days from the date of sale or fifteen (15) days from the date the notice required by MCL 600.3241a(b) was posted and mailed, or unless under MCL 600.3240(16), prior to the foreclosure sale the Mortgagor follows the procedure set forth in that section to establish the presumption that the property is used for Agricultural purposes, in which case the redemption period shall be one (1) year from the date of the sale, or a shorter period if the right of redemption is extinguished under MCL 600.3238. Pursuant to MCL 600.3238, after the sale and periodically throughout the redemption period, the purchaser at the sale may inspect the exterior and interior of the property and all ancillary structures. If inspection is unreasonably refused or if damage to the property is imminent or has occurred, the purchaser may commence summary proceedings for possession of the property under Chapter 57 of the Revised Judicature Act of 1961, or file an action for any other relief necessary to protect the property from damage. If a judgment for possession is entered in favor of the purchaser, the right of redemption is extinguished and full title to the property vests in the purchaser.

Dated: May 30, 2017
Traverse City State Bank
By: H. DOUGLAS SHEPHERD IV
(P64560)
Attorneys for Traverse City State
Bank
NORTH COAST LEGAL, PLC
800 COTTAGEVIEW DR. STE 1080
Traverse City, Michigan 49684
(231) 421-7076
NCL#: 1002.0020

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