UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

U.S. BANK NATIONAL 

ASSOCIATION, AS TRUSTEE FOR 

THE REGISTERED HOLDERS OF 

CFCRE COMMERCIAL 

MORTGAGE TRUST 2011-C2 

COMMERCIAL MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 

2011-C2, ACTING BY AND 

THROUGH ITS SPECIAL 

SERVICER, LNR PARTNERS, LLC, 

Plaintiff, 

vs. 

DEARBORN VENTURE CAPITAL 

LLC, SAM HAMAME, APRIL 

FAKHOURY, 

Defendants. 

 

Case No. 14-13921 

Judge John Corbett O’Meara 

Magistrate Judge Mona K. Majzoub 

__________________________________/ 

ORDER FOR FORECLOSURE SALE 

Plaintiff U.S. Bank National Association, as trustee for the Registered Holders 

of CFCRE Commercial Mortgage Trust 2011-C2 Commercial Mortgage PassThrough Certificates, Series 2011-C2 (“Plaintiff” or “Lender”), acting by and 

through its special servicer, LNR Partners, LLC, and its attorneys, Venable LLP and 

Dykema Gossett PLLC, having filed on February 4, 2016 a Motion for Partial 

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Summary Judgment pursuant to Fed. R. Civ. 56(a) (Docket No. 49, the “Motion”);1

the Court having granted the Motion and entered the Order Granting Plaintiff’s 

Motion For Partial Summary Judgment on March 31, 2016 (Docket No. 63); and 

the Court being otherwise advised in the premises: 

IT IS HEREBY ORDERED THAT: 

A. Defendant Dearborn Venture Capital LLC (“Borrower”) defaulted under the 

terms and conditions of the Loan Documents, as that term is defined in the 

Motion. 

B. Pursuant to M.C.L. § 600.3115 and the terms and conditions of the Loan 

Documents, including but not limited to the Mortgage, Lender may proceed 

with a foreclosure sale of the commercial property commonly known as 

22200-22224 Michigan Avenue, Dearborn, Michigan, and more particularly 

described in Exhibit A to the Mortgage (“Property”). 

C. There is due and owing under the Loan from Lender to Borrower, as of 

January 11, 2016, pursuant to the Loan Documents, the total of $5,826,953.21, 

plus accruing interest, costs, and other fees (the “Judgment Amount”). 

D. Lender may begin its publication of the notice of sale immediately after entry 

of the Judgment, and the sale of the Property may occur immediately after 

 1

 All capitalized terms not defined herein shall have the same meaning as defined in the Lender’s Motion and brief in support of the Motion. 

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Lender provides the notices required by M.C.L. § 600.6052, but no sooner 

than six weeks after entry of the judgment. 

E. Borrower is liable for the Judgment Amount and any deficiency resulting from 

the foreclosure sale. 

F. Pursuant to M.C.L. § 600.3120, if, after this judgment is entered, Borrower 

brings into Court the Judgment Amount and the Judgment Amount is paid to 

the Lender, the foreclosure proceedings in this action shall be stayed, 

however, the Court shall enter a judgment of foreclosure and sale to be 

enforced by a further order of the Court upon any subsequent default of the 

Loan Documents. 

G. Pursuant to M.C.L. § 600.3145, any sum paid by Lender at any time after 

foreclosure and prior to expiration of the period of redemption for taxes 

assessed against the Property and/or the portion of premium of any insurance 

policy covering the Property as is required to keep the policy in force until the 

expiration of the period of redemption, shall be added to the Judgment 

Amount. 

H. Pursuant to M.C.L. § 600.3140, Borrower may redeem the Property by paying 

the foreclosure bid price together with interest and all other amounts as 

required by M.C.L. § 600.3101 et. seq. from the date of the sale at the interest 

default rate provided by the Loan Documents within six (6) months from the 

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date and time of the foreclosure sale. If the Borrower does not redeem the 

Property, the purchaser of the Property at the foreclosure sale shall take the 

Property free and clear of any and all claims or interest in the Property 

recorded or otherwise affecting the Property after the date of the Mortgage. 

I. Pursuant to M.C.L. § 600.3150, upon the submission of the Sheriff’s report of 

sale and entry of an order confirming sale under judgment of foreclosure, if 

either the principal, interest, or costs ordered to be paid is left unpaid after 

applying the amount received upon the sale of the Property, Lender shall be 

entitled to the amount of the deficiency against Borrower upon the application 

of Lender. 

J. Pursuant to M.C.L. § 600.3135, upon the submission of the Sheriff’s report of 

sale and entry of an order confirming sale under judgment of foreclosure, if 

either the principal, interest, or costs ordered to be paid, along with the 

deficiency, if any, have been paid in full to Lender (after applying the amount 

received upon the sale of the Property) and there exists a surplus, the surplus 

shall be brought into court for distribution to Borrower. 

K. This Judgment shall not affect Lender’s breach of guaranty claim against 

Defendant Sam Hamame, which remains pending. 

Date: April 5, 2016 s/John Corbett O’Meara 

 United States District Judge 

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 I hereby certify that on April 5, 2016 a copy of this order was served upon 

the parties of recording using the ECF system and/or first-class U.S. mail. 

 s/William Barkholz 

 Case Manager

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