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LLC v. Meyers
United States District Court, Sixth Circuit
May 31, 2013
GCCFC 2002-C1 DAYTON HOTEL & CONFERENCE CENTER, LLC, Plaintiff,
DAVID A. MEYERS, AS TRUSTEE OF THE VISICON SHAREHOLDERS TRUST, AN OHIO TRUST U/A/D NOVEMBER 11, 2002, et al., Defendants.
JUDGMENT ENTRY AND DECREE OF FORECLOSURE
SHARON L. OVINGTON, Chief Magistrate Judge.
The Court has granted Plaintiff GCCFC 2002-C1 Dayton Hotel & Conference Center, LLC's ("Plaintiff, " "GCCFC" or "Lender") Motion for Summary Judgment in rem and foreclosure of its mortgage ("Motion") concerning the personal property ("Collateral") and leasehold interest owned by David A. Meyers, as Trustee of The Visicon Shareholders Trust, an Ohio Trust U/A/D November 11, 2002 and Amanda L. Meyers, as Trustee of The Visicon Shareholders Trust, an Ohio Trust U/A/D/November 11, 2002 (collectively, the "Borrower") in certain land and real estate ("Real Estate") located at Chidlaw Road & Spruce Way, Wright-Patterson AFB, Greene County, Ohio, Parcel Number A01000100070002308, which is commonly known as the Hope Hotel & Richard C. Holbrooke Conference Center (collectively, the "Property") and more particularly described as follows:
SITUATE IN THE STATE OF OHIO, COUNTY OF GREENE, TOWNSHIP OF BATH AND BEING PART OF SECTION 31, TOWN 3, RANGE 8 M.R.S., ALSO BEING PART OF THE GOVERNMENT RESERVATION OF WRIGHT-PATTERSON AIR FORCE BASE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A STAKE SET AT A POINT 50.00 FEET EAST OF THE CENTERLINE OF CHIDLAW ROAD AND 46.00 FEET SOUTH OF THE CENTERLINE OF SPRUCE WAY;
THENCE SOUGHT 65°22'55" EAST, ALONG THE SOUTH LINE OF SAID SPRUCE WAY, A DISTANCE OF 276.28 FEET TO A STAKE SET A POINT OF CURVATURE;
THENCE ON A CURVE TO THE RIGHT, ALONG THE SOUTH LINE OF SAID SPRUCE WAY, HAVING A RADIUS OF 529.00 FEET, A CENTRAL ANGLE OF 33°30'36", FOR AN ARC DISTANCE OF 309.39 FEET TO A STAKE SET;
THENCE TO STAKE SET BY THE FOLLOWING COURSES;
SOUTH 59°07'41" WEST A DISTANCE OF 139.01 FEET;
SOUTH 23°44'59" EAST A DISTANCE FO 468.88 FEET;
SOUTH 62°49'51" WEST A DISTANCE OF 305.00 FEET;
NORTH 63°42'24" WEST A DISTANCE OF 514.12 FEET TO A STAKE SET 213.89 FEET EAST OF THE CENTERLINE OF CHIDLAW ROAD;
THENCE NORTH 0°50'12" WEST, A DISTANCE OF 63.26 FEET TO A STAKE SET AT A POINT OF CURVATURE;
THENCE ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 1300.00 FEET, A CENTRAL ANGLE OF 26°25'08", FOR AN ARC DISTANCE OF 599.42 FEET TO A STAKE SET AT A DISTANCE OF 50.00 FEET FROM THE CENTERLINE OF CHIDLAW ROAD;
THENCE NORTH 25°34'56" EAST, ALONG THE EAST LINE OF CHIDLAW ROAD, A DISTANCE OF 92.00 FEET TO THE PLACE OF ...