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Public Notice in the Court of Common Pleas

PUBLIC NOTICE IN THE COURT OF COMMON PLEAS WARREN COUNTY, OHIO CASE NO. 22CV095599 WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST II -VS- CAPSTONE EQUITY FUND I, LLC, ET AL. DEFENDANTS. William Douglas Pelfrey, whose last known addresses are: 812 Russell Street, Covington, KY 41011; P.O. Box 121040, 235 Ridgeway Ave., Southgate, KY 41012 and 2 Woodrun Ct., Fort Mitchell, KY 41017, and who cannot be served, will take notice that on November 10, 2022, Plaintiff filed a Complaint for Money, Foreclosure and other Equitable Relief in the Warren County Court of Common Pleas, Warren County, Ohio, being Case No. 22CV095599, against William Douglas Pelfrey and others as Defendants, alleging that, Capstone Equity Fund I, LLC, is in default for all payments from May 1, 2022; that on April 25, 2016, Capstone Equity Fund I, LLC, executed and delivered a certain Mortgage Deed in which said Defendants agreed, among other things, to pay the Note and to comply with all of the terms of the Mortgage Deed hereinafter described, which Mortgage Deed was filed in the Recorder's Office of Warren County, Ohio on July 7, 2016, recorded in Instrument No. 2016-018913, and assigned to the Plaintiff on August 23, 2016, and recorded on September 13, 2016 in Instrument No. 2016-026804, of the Warren County Records, that, further, the balance due on the Note is $69,713.87 with interest at the rate of 9.1000% per annum from May 1, 2022; that to secure the payment of the Note, executed and delivered a certain Mortgage Deed to and thereby conveying, in fee simple, the following described premises: Situated in the State of Ohio, in the County of Warren, and in the City of Franklin: Commonly known as 617 East 2nd Street, Franklin, OH 45005 and further alleging that the aforesaid Mortgage is a valid and subsisting first and best lien upon said premises after the lien of the Treasurer; that the Note is in default, whereby the conditions set forth in the Note and Mortgage have been broken, that the Mortgage has become absolute and that Plaintiff is entitled, therefore, to have the Mortgage foreclosed, the premises sold, and the proceeds applied in payment of Plaintiffs claims; that the Defendant, William Douglas Pelfrey, among others, may have or claim to have some interest in or lien upon said premises; that all of the Defendants are required to set forth any claim, lien or interest in or upon the premises that he, she, or it may have or claim to have or be forever barred therefrom; that Plaintiffs Mortgage be declared to be a valid and subsisting first and best lien upon said premises after the lien of the Treasurer, if any, that its Mortgage be foreclosed; that all liens be marshaled; that the equity of redemption of all Defendants be forever cut off, barred, and foreclosed; that upon the sale of said premises the proceeds be paid to Plaintiff to satisfy the amount of its existing lien and the interest, together with its disbursements,·advancements, and costs herein expended; and for such other and further relief to which is may be entitled in equity or at law. Defendants are further notified that they are required to answer the Complaint on or before April 2, 2023, which includes twenty-eight (28) days from the last publishing, or judgment may be rendered as prayed for therein. Submitted by: Robert E. Daniell (0098708), Sandhu Law Group, LLC, 1213 Prospect Avenue, Suite 300, Cleveland, OH 44115, 216-373-1001, Attorney for Plaintiff 2-19,2-26,3-5/2023
February 19, 2023
April 2, 2023
April 2, 2023 8:05pm