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Marbury

Marbury

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Published by jackdickey

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Published by: jackdickey on Jul 31, 2011
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01/02/2013

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IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIOCIVIL DIVISION
WBCMT 2007-C31 KINGSRIDGE DRIVE, LLC Case No.:_____________ 1601 Washington Avenue, Suite 700Miami Beach, Florida 33139, Judge_________________ Plaintiff,-vs.-STEPHON X. MARBURY
COMPLAINT ON
4 Sycamore Court
GUARANTIES
Purchase, New York 10577,-and-STARBURY GSA, LLC430 Davis DriveSuite 270Morrisville, North Carolina 27560,
Also Serve 
:STARBURY GSA, LLCc/o United Corporate Services, Inc., Statutory Agent874 Walker Road, Suite CDover, Delaware 19904,
Also Serve 
:STARBURY GSA, LLCc/o CAA Management II, LLC, Manager P.O. Box 13667Research Triangle Park, North Carolina 27709,
ELECTRONICALLY FILEDCOURT OF COMMON PLEASFriday, July 08, 2011 11:08:38 AMCASE NUMBER: 2011 CV 04884 Docket ID: 16277993GREGORY A BRUSHCLERK OF COURTS MONTGOMERY COUNTY OHIO
 
 
Also Serve: 
STARBURY GSA, LLCc/o Starbury Management, LLC, Manager P.O. Box 110127Research Triangle Park, North Carolina 27709,Defendants. ____________________________________________________ Now comes Plaintiff WBCMT 2007-C31 Kingsridge Drive, LLC ("
Plaintiff
" or "
Lender
"), by and through its legal counsel, and for its Complaint on Guaranties("
Complaint
") against Defendants Stephon X. Marbury ("
Marbury
") and Starbury GSA,LLC ("
Starbury
," and together with Marbury, collectively, "
Defendants
" or "
Guarantors
") states as follows:
PARTIES, JURISDICTION, AND VENUE
1. Plaintiff is a limited liability company existing under the laws of the state of Ohio, with its principal place of business as stated in the caption of the Complaint.2. Marbury, upon information and belief, is an individual with a place of residence as set forth in the caption of the Complaint.3. Starbury is a Delaware limited liability company. The current addressesfor Starbury and its statutory agent are as set forth in the caption of the Complaint.4. Defendants have each consented to the jurisdiction and venue of thisCourt pursuant to the terms of a certain Indemnity and Guaranty Agreement made as of March 13, 2007 (collectively, the "Guaranties"). True and accurate copies of theGuaranties are attached hereto as
Exhibit 1
, and are incorporated herein by reference.5. Additionally, jurisdiction and venue is proper in this Court againstDefendants since the real estate that serves as security for the underlying obligation is
 
 
located in Montgomery County, Ohio and pursuant to Civ. R. 3(E).
BACKGROUND
6. Plaintiff incorporates by reference the foregoing paragraphs as if fullyrestated herein.7. Lender is the owner and holder of a promissory note dated March 13,2007 in the original principal amount of $16,400,000.00 from Starbury GSA IV, LLC("
Starbury IV
" or "
Borrower
"). The Promissory Note has been assigned andtransferred from: (1) Wachovia Bank, National Association ("
Wachovia
") to Wells FargoBank, N.A., as Trustee for the Registered Holders of Wachovia Bank CommercialMortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2007-C31("
Wells Fargo
"); (2) from Wells Fargo to U.S. Bank National Association, as Trustee for the Registered Holders of Wachovia Bank Commercial Mortgage Trust, CommercialMortgage Pass-Through Certificates, Series 2007-C31 ("
U.S. Bank
"); and (3) from U.S.Bank to Plaintiff (collectively, the "
Allonges
," and together with the Promissory Note,collectively, the "
Note
"). A true and accurate copy of the Note is attached hereto as
Exhibit 2
, and is incorporated herein by reference.
 
8. The Note is secured by, among other things, an open-end mortgage("
Mortgage
") on certain land and improvements located at 8801 Kingsbridge Drive,Miami Township, Montgomery County, Ohio, Tax Parcel Number K4502604 0206,commonly known as the National Archives and Records Center, Dayton, Ohio (the"
Property
"). Plaintiff is the owner and holder of the Mortgage and the other loandocuments.

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