• NOTICE OF SALE PURSUANT TO OKLAHOMA POWER OF SALE MORTGAGE FORECLOSURE ACT

Published in The Muskogee Phoenix February 24, March 3, 10 & 17, 2017
NOTICE OF SALE PURSUANT TO OKLAHOMA POWER OF SALE MORTGAGE FORECLOSURE ACT
NOTICE IS HEREBY GIVEN TO:
Arrowhead Mall 2005, LLC c/o J. Herzog & Sons, Inc. 1720 South Bellaire Street, Suite 1209 Denver, CO 80222 Attn: Kregg S. Anderson/Martin H. Herzog
Martin H. Herzog 1720 South Bellaire Street, Suite 1209 Denver, CO 80222 Attn: Kregg S. Anderson
Martin H. Herzog 1720 South Bellaire Street, Suite 1209 Denver, CO 80222
Matthew D. Mason McKinley, Inc. 320 N. Main St., Suite 200 Ann Arbor, MI 48104
that on the 29th day of March, 2017, at 10:00 a.m. at the offices of Mark A. Grober, 830 N. Main, Muskogee, OK 74401, Wells Fargo Bank, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2006-C1 (“Mortgagee”), acting by and through Situs Holdings, LLC, not individually but solely in its authorized capacity as special servicer pursuant to the applicable Pooling and Servicing Agreement (the “Special Servicer”), will offer for sale and sell for cash, or such other terms as Mortgagee may find acceptable, to the highest and best bidder all that certain real property, together with all improvements thereon and appurtenances thereto, commonly known as 501 North Main Street, Muskogee, Muskogee County, State of Oklahoma, and more particularly described as follows:
SEE EXHIBIT “A” ATTACHED HERETO
The Sale will be made pursuant to 46 O.S. § 45 of the Oklahoma Power of Sale Mortgage Foreclosure Act and follows the mailing of a Notice of Intent To Foreclose by Power of Sale (“Notice of Intent”) given to Arrowhead Mall 2005, LLC, a Colorado limited liability company (“Mortgagor”) and others, as follows at the following addresses:
Arrowhead Mall 2005, LLC c/o J. Herzog & Sons, Inc. 1720 South Bellaire Street, Suite 1209 Denver, CO 80222 Attn: Kregg S. Anderson/Martin H. Herzog
Martin H. Herzog 1720 South Bellaire Street, Suite 1209 Denver, CO 80222
Attn: Kregg S. Anderson
Martin H. Herzog 1720 South Bellaire Street, Suite 1209 Denver, CO 80222
as reflected in the Affidavit attached hereto as "EXHIBIT "B".
The aforesaid Notice of Intent described the events of breach and default occurring under the terms of that certain Consolidated, Amended and Restated Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing dated February 2, 2006, executed by Mortgagor, in favor of the mortgagee identified therein (the “Mortgage”). Said Mortgage was recorded on February 2, 2006, in the records of the County Clerk of Muskogee County, State of Oklahoma, in Book 3513, Page 183, and thereafter assigned to Mortgagee by Assignment of Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing and Assignment of Assignment of Leases and Rents dated March 28, 2006 and recorded on June 15, 2006, in the records of the County Clerk of Muskogee County, State of Oklahoma, in Book 3571, Page 54. The nature of the default described in the Notice of Intent is that the Note matured on March 1, 2016, and was due and payable in full on that date, but Mortgagor failed to pay the amount due on or before such date. The foregoing event of default was not cured in accordance with the terms and provisions of the Mortgage within thirty-five (35) days from the date the aforesaid Notice of Intent was mailed to Mortgagor.
Mortgagor, and each person holding under Mortgagor, are advised that Mortgagor, and all such other persons holding under Mortgagor, has the right to redeem the above-described property from foreclosure by paying in cash all principal, interest and other sums, secured by the Mortgage to Mortgagee at c/o the Special Servicer, 2 Embarcadero Center, Suite 1300, San Francisco, California 94111, Attention: Curt Spaugh, Senior Vice President. Payment must be made prior to the execution and delivery of a deed pursuant to the aforesaid Power of Sale.
All other persons noted above and claiming an interest in the property are further advised that Mortgagee claims an interest superior to all such claims and such interests will be terminated by the aforesaid sale unless they take appropriate legal action.
IF THE ABOVE-DESCRIBED PROPERTY
CONSTITUTES MORTGAGOR’S HOMESTEAD, IT SHALL BE SOLD PURSUANT TO THE POWER OF SALE WITHOUT JUDICIAL FORECLOSURE UNLESS, AT LEAST TEN (10) DAYS BEFORE THE DATE OF SALE STATED ABOVE, MORTGAGOR SENDS WRITTEN NOTICE BY CERTIFIED MAIL TO MORTGAGEE, AT THE ADDRESS STATED ABOVE, THAT SUCH PROPERTY IS MORTGAGOR’S HOMESTEAD AND THAT MORTGAGOR ELECTS JUDICIAL FORECLOSURE. A COPY OF ANY SUCH NOTICE WITH THE LEGAL DESCRIPTION MUST BE FILED IN THE OFFICE OF THE COUNTY CLERK FOR MUSKOGEE COUNTY, OKLAHOMA.
MORTGAGOR IS FURTHER ADVISED THAT IF THE ABOVE-DESCRIBED PROPERTY IS HOMESTEAD, MORTGAGOR MAY AVOID A DEFICIENCY JUDGMENT BY SENDING WRITTEN NOTICE BY CERTIFIED MAIL TO MORTGAGEE, AT THE ADDRESS AFORESAID, AT LEAST TEN (10) DAYS PRIOR TO THE AFORESAID SALE DATE THAT THE PROPERTY IS MORTGAGOR’S HOMESTEAD AND MORTGAGOR ELECTS AGAINST SUCH DEFICIENCY JUDGMENT.
THIS NOTICE CONTAINS IMPORTANT INFORMATION INVOLVING THE ABOVEDESCRIBED PROPERTY AND ALL PERSONS RECEIVING SUCH NOTICE MAY WANT TOSEEK LEGAL ADVICE.
DATED this 20th day of February, 2017.
/s/Kevin Blaney Kevin Blaney, OBA #860 BLANEY TWEEDY & TIPTON, PLLC 204 N. Robinson Avenue, Suite 1250 Post Office Box 657 Oklahoma City, OK 73101-0657
(405) 235-8445
(405) 236-3410 (facsimile)
kblaney@btlawokc.com
Attorneys for Mortgagee
STATE OF OKLAHOMA COUNTY OF OKLAHOMA
ss. SUBSCRIBED AND SWORN TO before me this 20th day of February, 2017. ( S E A L )
/s/Carla J. Horton NOTARY PUBLIC
My Commission expires: 12/11/18 Commission No.: 14011020
EXHIBIT A
Lot 1 of ARROWHEAD MALL SUBDIVISION, a subdivision to the City of Muskogee, Muskogee County, Oklahoma, being platted out of and a
part of the N1/2 of Section 26 and the S1/2 of Section 23, Township 15 North, Range 18 East, I.B.M., according to the official plat thereof filed for record on February 2, 2006 and recorded in Book 3513 and Page 168.
AND
Lot 3 of ARROWHEAD MALL SUBDIVISION, a subdivision to the City of Muskogee, Muskogee County, Oklahoma, being platted out of and a part of the N1/2 of Section 26 and the S1/2 of Section 23, Township 15 North, Range 18 East, I.B.M., according to the official plat thereof filed for record on February 2, 2006 and recorded in Book 3513 and Page 168.
The above property being formerly described as follows:
A tract of land situated in the N1/2 of Section 26 and the Si-S of Section 2.3, Township 15 North, Range 18 East, I.B. & M., Muskogee County, Oklahoma, said tract also lying in the Original Townsite of Muskogee and being more particularly described as follows:
Commencing at the NW comer of said Section 26; thence N 88°05’06" E along the north line of said Section 26 for a distance of 881.46 feet to a point on the easterly right-of-way line of North 6th Street being the Point of Beginning; thence N23°08’05" E on the easterly right-of-way line for a distance of 326.88 feet to a point 30 feet Southerly of the Northerly line of Lot 4 of Block 244 of the said original Townsite; thence S65°41’58" E along the southerly line of the Red Cross property a distance of 85.00 feet; thence N24°18’02" E a distance of 8.76 feet to a point on a line that is 30 feet south of and parallel to the North line of said Lot 4; thence along said line S71°39’14" E a distance of 80.63 feet to a point on the southerly line of the Red Cross property; thence S65°41’58" E along said line a distance of 17.10 feet; thence N24°18’02" E a distance of 1.78 feet; thence S71°3°'14" E parallel to the before mentioned North line of Lot 4 a distance of 41.60 feet to a point that intersects the projection of the lot line of Lot 9 and Lot 10 of said Block 244; thence N09°47’55" E for a distance of 46.78 feet to the SW corner of said Lot 9; thence S80°57’29" E on the Southerly line of said Lot 9 for a distance of 81.56 feet to the SE corner of said Lot 9; thence S70°12’22" E for a distance of 40.13 feet to the SW comer of Lot 3 of Block 245 of the said Original Townsite; thence N 15°08’24" E on the Easterly right-ofway line of North 5th Street for a distance of 298.95 feet to the N'W comer of said Block 245 and also being on the Southerly right-of-way line of Fondulac Street; thence S67°28’41" E on the Southerly right-of-way line of Fondulac Street for a distance of 692.36 feet to the NE corner of Block 246 of the said Original Townsite; thence S 66°35’12" E a distance of 58.96 feet to the NW corner of Block 27 of the said Original Townsite and also being on the Southerly right-of-way line of Fondulac Street; thence S 56°56’09" E on the Southerly right-of-way line of Fondulac Street for a distance of 436.10 feet to the NE corner of said
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PostedMarch 17, 2017