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RETURN DATE: MAY 14, 2019 : . SUPERIOR COURT
SAVINGS BANK OF DANBURY : JUDICIAL DISTRICT OF
VS.
DANBURY
BETHEL HOTEL, LLC, .
ET. AL. : APRIL 17, 2019
COMPLAINT
1. Pursuant to a Commercial Mortgage Variable Rate Note dated November 30, 2016
(“Note”), BETHEL HOTEL, LLC, a Connecticut limited liability company, (“Bethel”) promised to
pay to the order of SAVINGS BANK OF DANBURY (the “Plaintiff”, the principal sum of
THREE MILLION FIFTY THOUSAND DOLLARS ($ 3,050,000.00), with interest thereon as
provided in the Note, together with all costs and expenses including reasonable attorneys’ fees
incurred in the collection of any payment due thereunder.
2. By an Open-End Mortgage and Security Agreement: (“Mortgage”) dated November
30, 2016 and recorded December 1, 2016 in Volume 1078 at Page 258 of the Bethel Land Records,
the Defendant BETHEL HOTEL, LLC , to secure the repayment of and performance of the
obligations under the Note, granted a mortgage deed to the Plaintiff upon certain real property
known as 11 Stony Hill Road , Bethel, Connecticut (“Premises”), which Premises are more
particularly bounded and described on Exhibit A attached hereto and made a part hereof.3. The Plaintiff may claim a further interest in the Premises by virtue of a Collateral
Assignment of Leases and Rents dated November 30, 2016 and recorded December 1, 2016 in
Volume 1078 at Page 280 of the Bethel Land Records.
4. The Defendants HARDIK PATEL and ANANDKUMAR PATEL (collectively
“PATELS”) guaranteed payment of the Note and Mortgage by virtue of Guaranty Agreements
dated November 30, 2016 and agreed to be responsible for payment.
5. The Defendant U. S. SMALL BUSINESS ADMINISTRATION may claim an
interest in the Premises by virtue of an Open End Mortgage in the amount of $ 2,185,000.00 dated
November 30,2016 and recorded December 1, 2016 in Volume 1078 at Page 312 of the Bethel
Records which was originally in favor of NEW ENGLAND CERTIFIED DEVELOPMENT
CORPORATION and was assigned to the U.S. SMALL BUSINESS ADMINISTRATION by
assignment instrument dated November 30, 2016 and recorded December 1, 2016 in Volume 1078
at Page 339 of the Bethel Land Records. Said interest is subsequent to the interest of the Plaintiff
being foreclosed.
6. The Defendant U. S. SMALL BUSINESS ADMINISTRATION may claim a
further interest in the Premises by virtue of a Collateral Assignment of Leases and Rentals dated
November 30, 2016 and recorded December 1, 2016 in Volume 1078 at Page 332 of the Bethel
Land Records in favor of NEW ENGLAND CERTIFIED DEVELOPMENT CORPORATIONand which document was assigned to the U.S. SMALL BUSINESS ADMINISTRATION by
instrument dated November 30, 2016 and recorded December 1, 2016 in Volume 1078 at page 339
of the Bethel Land Records. Said interest is subsequent to the interest of the Plaintiff being
foreclosed.
7. The Plaintiff SAVINGS BANK OF DANBURY and the Defendant U.S SMALL
BUSINESS ADMNISTRATION may claim an interest in the Premises by virtue of a Third Party
Lender Agreement dated November 30, 2016 and recorded December 1, 2016 in Volume 1078 at
Page 340 of the Town of Bethel Land Records, which agreement was originally in favor of New
England Certified Development Corporation and was assigned to the U.S. Small Business
Administration by Assignment dated November 30, 2016.
8. The Defendant BETHEL HOTEL, LLC and ‘the PATELS are in default under the
Note and Mortgage. As a result, the Plaintiff has exercised its right to declare the entire balance on
the Note due and payable.
9.» . The Town of Bethel may claim a prior interest to the Plaintiff's lien by virtue of the
following encumbrances of record upon the Premises:
a) The Town of Bethel may claim.a prior interest in the Premises by virtue of
delinquent real estate tax payments; andb) The Town of Bethel may claim a prior interest in the Premises by virtue of
delinquent water and sewer payments.
(c) The Town.of Bethel claims a further interest by virtue of:a Sewer Use Lien in
the amount of $8,892.80 dated and recorded May 17, 2018 in Volume 1095 at Page
917 of the Bethel Land Records.
10. Aquarion Water Company may claim an interest in the premises by vittue of a
Continuation of Lien of Water Charges dated January 25, 2018 and recorded July 9, 2018
in Volume 1097 at page 1072 of the Bethel Land Records. Said interest is prior to the
interest of the Plaintiff being foreclosed.
11. The Defendant BETHEL. HOTEL, LLC is the record owner of said Premises and
may be in possession thereof.
12. A copy of the Lis Pendens recorded on the Bethel Land Records giving notice to the
institution of this foreclosure action is attached hereto and marked as Exhibit B.WHEREFORE, the Plaintiff claims:
1. Foreclosure of the Mortgage;
2. Possession of the Premises;
3. Money damages against the makers of, or obligors on, the Note described herein
and/or their Estates, if deceased, (unless same has been precluded by virtue of a Bankruptcy filing);
4, A reasonable attorney’s fee (unless same has been precluded by virtue of a
Bankruptcy filing);
5. Interest (unless same has been precluded by virtue of a Bankruptcy filing);
6. Costs of suit (unless same has been precluded by virtue of a Bankruptcy filing);
7. Deficiency Judgment against makers of, or obligors on, the Note described herein,
and/or their Estate, if deceased (unless same has been precluded by virtue of a Bankruptcy filing);
8. The appointment of a receiver of rents to collect rents and profits accruing from the
Premises and to administer, manage and preserve the property from waste;9. Such other and further relief as the Court may deem just and equitable.
10. Any other legal and/or equitable relief deemed appropriate by the Court; and
11. - This action is based upon an express agreement to make payment.
Dated at Farmington, Connecticut this 17" day of April , 2019
PLAINTIFF,
SAVINGS BANK OF DANBURY
By:
Rés Gingold, Esq.
Stokesbury, Shipman & Fingold, LLC
10 Waterside Drive, Suite:204
Farmington, CT 06032
Tel.: (860) 606-1709
Fax: (860) 606-1770
Juris No.: 435949RETURN DATE: MAY 14, 2019 : SUPERIOR COURT
SAVINGS BANK OF DANBURY : JUDICIAL DISTRICT OF
VS. : DANBURY
BETHEL HOTEL, LLC
ET. AL. : APRIL 17, 2019
STATEMENT OF AMOUNT IN DEMAND
The amount, legal interest, or property in demand is not less than $15,000.00,
exclusive of interest and costs.
PLAINTIFF,
SAVINGS MANBURY
By:
Ross G. Fingold, Esq.
Stokesbury, Shipman & Fingold, LLC
10 Waterside Drive, Suite 204
Farmington, CT 06032
Tel.: (860) 606-1709
Fax: (860) 606-1770
Juris No.: 435949Exlhht
Legal Description
11 Stony Hill Road
Bethel, Connecticut
All that certain piece or parcel of land, with all the buildings and improvements thereon, situated
in the Town of Bethel, County of Fairfield and State of Connecticut, more particularly shown-on
a certain map or plan entitled “PROPERTY SURVEY 11. STONY HILL ROAD BETHEL,
CONNECTICUT PREPARED FOR 11 STONY HILL ROAD; LLC” Scale 1°=20" March 5,
2008 certified substantially correct by Tracy H. Lewis L.S.. #15160 Land Engineering
Associates, Inc. which map is on file with the Bethel Town Clerk in Map Book 25 at Page 157.Exhih
RETURN DATE: MAY 14, 2019 : SUPERIOR COURT
SAVINGS BANK OF DANBURY : JUDICIAL DISTRICT OF
VS. : DANBURY
BETHEL HOTEL, LLC : APRIL 17, 2019
ET. AL.
LIS PENDENS
NOTICE IS HEREBY GIVEN of the pendency of a civil action between the Plaintiff,
SAVINGS BANK OF DANBURY and the Defendants, BETHEL HOTEL, LLC , HARDIK
PATEL, ANANDKUMAR PATEL and U.S. SMALL BUSINESS ADMINISTRATION , by
Writ dated April 17, 2019, made returnable to the SUPERIOR COURT FOR THE JUDICIAL
DISTRICT OF DANBURY on the SECOND TUESDAY OF MAY, 2019, which action is
brought claiming a foreclosure of a mortgage from BETHEL HOTEL, LLC in the original
principal amount of THREE MILLION FIFTY THOUSAND DOLLARS ($ 3,050,000.00) dated
November 30, 2016 and recorded December 1, 2016 in Volume 1078 at Page 258 of the Bethel
Land Records.
The parcel of real estate effected by this action and sought to be foreclosed is known as 11
Stony Hill Road, Bethel, Connecticut and is more particularly bounded and described on Exhibit A
attached hereto and made a part hereof.The following demands for relief have been made in the action of which notice is hereby
given:
1. Foreclosure of the Mortgage;
2. Possession of the Premises;
3. Money damages against the makers of, or obligors on, the Note described herein
and/or their Estates, if deceased, (unless same has been precluded by virtue of a Bankruptcy filing);
4. A reasonable attorney’s fee (unless same has been precluded by virtue of a
Bankruptcy filing);
5. Interest (unless same has been precluded by virtue of a Bankruptcy filing);
6. Costs of suit (unless same has been precluded by virtue of a Bankruptcy filing);
7. Deficiency Judgment against makers of, or obligors on, the Note described herein,
and/or their Estate, if deceased (unless same has been precluded by virtue of a Bankruptcy filing);
8. The appointment of a receiver of rents to collect rents and profits accruing from the
Premises .and'to administer, manage and preserve the property from waste;
9. Such other and further relief as the Court may deem just and equitable.
10. © Any other legal and/or equitable relief deemed appropriate by the Court; and
11. This action is based upon an express agreement to make payment.Dated at Farmington, Connecticut this 17" day of April, 2019
PLAINTIFF,
SAVINGS BANK OF DANBURY
By: Lh
Ross G/Fingold, Esq.
Stokesbury; Shipman & Fingold, LLC
10 Waterside Drive, Suite 204
Farmington, CT 06032
Tel.: (860) 606-1709
Fax: (860) 606-1770
Juris No.: 435949Exh. th
Legal Description
11 Stony Hill Road
Bethel, Connecticut
All that certain piece. or parcel of land, with all the buildings and improvements thereon, situated
in the Town of Bethel, County of Fairfield and State of Connecticut, more particularly shown on
a certain map or plan entitled “PROPERTY SURVEY 11 STONY HILL ROAD BETHEL,
CONNECTICUT PREPARED FOR 11 STONY HILL ROAD, LLC” Scale 1”=20° March 5,
2008 certified substantially correct by Tracy H. Lewis LS. #15160 Land Engineering
Associates, Inc. which map is on file with the Bethel Town Clerk in Map Book 25 at Page 157.
Preview
RETURN DATE: MAY 14, 2019 : . SUPERIOR COURT SAVINGS BANK OF DANBURY : JUDICIAL DISTRICT OF VS. DANBURY BETHEL HOTEL, LLC, . ET. AL. : APRIL 17, 2019 COMPLAINT 1. Pursuant to a Commercial Mortgage Variable Rate Note dated November 30, 2016 (“Note”), BETHEL HOTEL, LLC, a Connecticut limited liability company, (“Bethel”) promised to pay to the order of SAVINGS BANK OF DANBURY (the “Plaintiff”, the principal sum of THREE MILLION FIFTY THOUSAND DOLLARS ($ 3,050,000.00), with interest thereon as provided in the Note, together with all costs and expenses including reasonable attorneys’ fees incurred in the collection of any payment due thereunder. 2. By an Open-End Mortgage and Security Agreement: (“Mortgage”) dated November 30, 2016 and recorded December 1, 2016 in Volume 1078 at Page 258 of the Bethel Land Records, the Defendant BETHEL HOTEL, LLC , to secure the repayment of and performance of the obligations under the Note, granted a mortgage deed to the Plaintiff upon certain real property known as 11 Stony Hill Road , Bethel, Connecticut (“Premises”), which Premises are more particularly bounded and described on Exhibit A attached hereto and made a part hereof.3. The Plaintiff may claim a further interest in the Premises by virtue of a Collateral Assignment of Leases and Rents dated November 30, 2016 and recorded December 1, 2016 in Volume 1078 at Page 280 of the Bethel Land Records. 4. The Defendants HARDIK PATEL and ANANDKUMAR PATEL (collectively “PATELS”) guaranteed payment of the Note and Mortgage by virtue of Guaranty Agreements dated November 30, 2016 and agreed to be responsible for payment. 5. The Defendant U. S. SMALL BUSINESS ADMINISTRATION may claim an interest in the Premises by virtue of an Open End Mortgage in the amount of $ 2,185,000.00 dated November 30,2016 and recorded December 1, 2016 in Volume 1078 at Page 312 of the Bethel Records which was originally in favor of NEW ENGLAND CERTIFIED DEVELOPMENT CORPORATION and was assigned to the U.S. SMALL BUSINESS ADMINISTRATION by assignment instrument dated November 30, 2016 and recorded December 1, 2016 in Volume 1078 at Page 339 of the Bethel Land Records. Said interest is subsequent to the interest of the Plaintiff being foreclosed. 6. The Defendant U. S. SMALL BUSINESS ADMINISTRATION may claim a further interest in the Premises by virtue of a Collateral Assignment of Leases and Rentals dated November 30, 2016 and recorded December 1, 2016 in Volume 1078 at Page 332 of the Bethel Land Records in favor of NEW ENGLAND CERTIFIED DEVELOPMENT CORPORATIONand which document was assigned to the U.S. SMALL BUSINESS ADMINISTRATION by instrument dated November 30, 2016 and recorded December 1, 2016 in Volume 1078 at page 339 of the Bethel Land Records. Said interest is subsequent to the interest of the Plaintiff being foreclosed. 7. The Plaintiff SAVINGS BANK OF DANBURY and the Defendant U.S SMALL BUSINESS ADMNISTRATION may claim an interest in the Premises by virtue of a Third Party Lender Agreement dated November 30, 2016 and recorded December 1, 2016 in Volume 1078 at Page 340 of the Town of Bethel Land Records, which agreement was originally in favor of New England Certified Development Corporation and was assigned to the U.S. Small Business Administration by Assignment dated November 30, 2016. 8. The Defendant BETHEL HOTEL, LLC and ‘the PATELS are in default under the Note and Mortgage. As a result, the Plaintiff has exercised its right to declare the entire balance on the Note due and payable. 9.» . The Town of Bethel may claim a prior interest to the Plaintiff's lien by virtue of the following encumbrances of record upon the Premises: a) The Town of Bethel may claim.a prior interest in the Premises by virtue of delinquent real estate tax payments; andb) The Town of Bethel may claim a prior interest in the Premises by virtue of delinquent water and sewer payments. (c) The Town.of Bethel claims a further interest by virtue of:a Sewer Use Lien in the amount of $8,892.80 dated and recorded May 17, 2018 in Volume 1095 at Page 917 of the Bethel Land Records. 10. Aquarion Water Company may claim an interest in the premises by vittue of a Continuation of Lien of Water Charges dated January 25, 2018 and recorded July 9, 2018 in Volume 1097 at page 1072 of the Bethel Land Records. Said interest is prior to the interest of the Plaintiff being foreclosed. 11. The Defendant BETHEL. HOTEL, LLC is the record owner of said Premises and may be in possession thereof. 12. A copy of the Lis Pendens recorded on the Bethel Land Records giving notice to the institution of this foreclosure action is attached hereto and marked as Exhibit B.WHEREFORE, the Plaintiff claims: 1. Foreclosure of the Mortgage; 2. Possession of the Premises; 3. Money damages against the makers of, or obligors on, the Note described herein and/or their Estates, if deceased, (unless same has been precluded by virtue of a Bankruptcy filing); 4, A reasonable attorney’s fee (unless same has been precluded by virtue of a Bankruptcy filing); 5. Interest (unless same has been precluded by virtue of a Bankruptcy filing); 6. Costs of suit (unless same has been precluded by virtue of a Bankruptcy filing); 7. Deficiency Judgment against makers of, or obligors on, the Note described herein, and/or their Estate, if deceased (unless same has been precluded by virtue of a Bankruptcy filing); 8. The appointment of a receiver of rents to collect rents and profits accruing from the Premises and to administer, manage and preserve the property from waste;9. Such other and further relief as the Court may deem just and equitable. 10. Any other legal and/or equitable relief deemed appropriate by the Court; and 11. - This action is based upon an express agreement to make payment. Dated at Farmington, Connecticut this 17" day of April , 2019 PLAINTIFF, SAVINGS BANK OF DANBURY By: Rés Gingold, Esq. Stokesbury, Shipman & Fingold, LLC 10 Waterside Drive, Suite:204 Farmington, CT 06032 Tel.: (860) 606-1709 Fax: (860) 606-1770 Juris No.: 435949RETURN DATE: MAY 14, 2019 : SUPERIOR COURT SAVINGS BANK OF DANBURY : JUDICIAL DISTRICT OF VS. : DANBURY BETHEL HOTEL, LLC ET. AL. : APRIL 17, 2019 STATEMENT OF AMOUNT IN DEMAND The amount, legal interest, or property in demand is not less than $15,000.00, exclusive of interest and costs. PLAINTIFF, SAVINGS MANBURY By: Ross G. Fingold, Esq. Stokesbury, Shipman & Fingold, LLC 10 Waterside Drive, Suite 204 Farmington, CT 06032 Tel.: (860) 606-1709 Fax: (860) 606-1770 Juris No.: 435949Exlhht Legal Description 11 Stony Hill Road Bethel, Connecticut All that certain piece or parcel of land, with all the buildings and improvements thereon, situated in the Town of Bethel, County of Fairfield and State of Connecticut, more particularly shown-on a certain map or plan entitled “PROPERTY SURVEY 11. STONY HILL ROAD BETHEL, CONNECTICUT PREPARED FOR 11 STONY HILL ROAD; LLC” Scale 1°=20" March 5, 2008 certified substantially correct by Tracy H. Lewis L.S.. #15160 Land Engineering Associates, Inc. which map is on file with the Bethel Town Clerk in Map Book 25 at Page 157.Exhih RETURN DATE: MAY 14, 2019 : SUPERIOR COURT SAVINGS BANK OF DANBURY : JUDICIAL DISTRICT OF VS. : DANBURY BETHEL HOTEL, LLC : APRIL 17, 2019 ET. AL. LIS PENDENS NOTICE IS HEREBY GIVEN of the pendency of a civil action between the Plaintiff, SAVINGS BANK OF DANBURY and the Defendants, BETHEL HOTEL, LLC , HARDIK PATEL, ANANDKUMAR PATEL and U.S. SMALL BUSINESS ADMINISTRATION , by Writ dated April 17, 2019, made returnable to the SUPERIOR COURT FOR THE JUDICIAL DISTRICT OF DANBURY on the SECOND TUESDAY OF MAY, 2019, which action is brought claiming a foreclosure of a mortgage from BETHEL HOTEL, LLC in the original principal amount of THREE MILLION FIFTY THOUSAND DOLLARS ($ 3,050,000.00) dated November 30, 2016 and recorded December 1, 2016 in Volume 1078 at Page 258 of the Bethel Land Records. The parcel of real estate effected by this action and sought to be foreclosed is known as 11 Stony Hill Road, Bethel, Connecticut and is more particularly bounded and described on Exhibit A attached hereto and made a part hereof.The following demands for relief have been made in the action of which notice is hereby given: 1. Foreclosure of the Mortgage; 2. Possession of the Premises; 3. Money damages against the makers of, or obligors on, the Note described herein and/or their Estates, if deceased, (unless same has been precluded by virtue of a Bankruptcy filing); 4. A reasonable attorney’s fee (unless same has been precluded by virtue of a Bankruptcy filing); 5. Interest (unless same has been precluded by virtue of a Bankruptcy filing); 6. Costs of suit (unless same has been precluded by virtue of a Bankruptcy filing); 7. Deficiency Judgment against makers of, or obligors on, the Note described herein, and/or their Estate, if deceased (unless same has been precluded by virtue of a Bankruptcy filing); 8. The appointment of a receiver of rents to collect rents and profits accruing from the Premises .and'to administer, manage and preserve the property from waste; 9. Such other and further relief as the Court may deem just and equitable. 10. © Any other legal and/or equitable relief deemed appropriate by the Court; and 11. This action is based upon an express agreement to make payment.Dated at Farmington, Connecticut this 17" day of April, 2019 PLAINTIFF, SAVINGS BANK OF DANBURY By: Lh Ross G/Fingold, Esq. Stokesbury; Shipman & Fingold, LLC 10 Waterside Drive, Suite 204 Farmington, CT 06032 Tel.: (860) 606-1709 Fax: (860) 606-1770 Juris No.: 435949Exh. th Legal Description 11 Stony Hill Road Bethel, Connecticut All that certain piece. or parcel of land, with all the buildings and improvements thereon, situated in the Town of Bethel, County of Fairfield and State of Connecticut, more particularly shown on a certain map or plan entitled “PROPERTY SURVEY 11 STONY HILL ROAD BETHEL, CONNECTICUT PREPARED FOR 11 STONY HILL ROAD, LLC” Scale 1”=20° March 5, 2008 certified substantially correct by Tracy H. Lewis LS. #15160 Land Engineering Associates, Inc. which map is on file with the Bethel Town Clerk in Map Book 25 at Page 157.