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TULSA COUNTY • CJ-2026-634

WESTLAKE HARDWARE INC v. VILLAS AT MIDTOWN BEST LIVING, LLC

Filed: Feb 12, 2026
Type: CJ

What's This Case About?

Let’s be real: when you think of a lawsuit involving 13 defendants, you probably imagine some high-stakes corporate bloodbath or a tangled web of international espionage. But no. This one? This is about a $92,000 hardware bill for an apartment complex in Tulsa. And not just any hardware — we’re talking lumber, nails, maybe some two-by-fours, possibly a suspicious number of door hinges. The kind of stuff you’d pick up at Home Depot while also grabbing a discounted bag of mulch. Except instead of a receipt and a quick Venmo, we’ve got a full-blown legal war involving LLCs with names so long they sound like a law firm’s fantasy football team, a city government, and at least one carpet cleaner. Welcome to CrazyCivilCourt, where the stakes are low, the paperwork is high, and the drama is absolutely unhinged.

So who are these people? On one side, we’ve got Westlake Hardware Inc., a Delaware-based supplier of building materials that apparently does business across state lines like a lumber-focused James Bond. They’re not registered in Oklahoma — but hey, according to their filing, they don’t have to be. Cool confidence. On the other side? A dizzying lineup of 13 defendants, most of whom sound like they were generated by a real estate-themed D&D character generator. The main player appears to be Villas at Midtown Best Living, LLC, the official owner of a multi-unit apartment complex at 2001 E. Skelly Drive in Tulsa — a property that, despite its name, does not appear to be run by monks or offer free kombucha on the rooftop. Then there’s a cascade of financial entities: SG Capital Partners, Shelter Growth Master Term Fund B III LP (say that five times fast), Berkeley Point Capital LLC, and so on. These aren’t your average landlords — they’re the kind of shadowy investment vehicles that buy distressed properties, slap on a fresh coat of paint and a trendy name, and hope the rent checks keep rolling in. Also in the mix: Empire Protection Services, Rasa Floors & Carpet Cleaning, and Accent Restoration — all of whom apparently did some work on the property and filed their own liens, because apparently everyone in Tulsa is now a lien enthusiast. Oh, and the City of Tulsa? Yeah, they’re here too, because someone forgot to pay some municipal bills. It’s like a party no one wanted to come to, but now everyone’s suing each other.

So what actually happened? Well, according to Westlake Hardware, they delivered a bunch of building materials to the Villas at Midtown apartment complex back in early 2025 — the exact nature of which remains deliciously vague. Were we talking drywall? Roofing shingles? A bulk order of toilet plungers? The filing doesn’t say, but the total tab comes to $92,030.06 — which is a very specific number for what might just be a lot of two-by-fours. They had a contract with the property owner, they delivered the goods, and then… crickets. No payment. Despite “repeated demands,” Westlake claims they were left holding the bag. So, like any self-respecting hardware supplier with legal representation, they did what any sane person would do: they filed a mechanic’s and materialman’s lien — or M&M Lien, because apparently the legal world has a sweet tooth — on March 7, 2025. This is a legal tool that basically says, “Hey, I helped improve this property, and if I don’t get paid, I get to claim a piece of it.” It’s the construction world’s version of “No pay, no play,” except with more notarized documents and fewer dramatic slow-motion walkaways.

But here’s where it gets wild. By the time Westlake filed their lawsuit in February 2026, they weren’t just up against one deadbeat client. The property had become a legal landfill of competing interests. There were multiple mortgages on the books — some filed as early as 2021, others as recently as October and November 2025. Financial entities had layered claims like lasagna: SG Capital had a mortgage, then Shelter Growth bought into it, then Berkeley Point Capital (doing business as Newmark, because why not add a brand name?) swooped in with another loan. Then came Lotor, LLC and YSA Investments 1, LLC — because apparently, if your LLC name doesn’t sound like a cryptocurrency scam, you’re not trying hard enough — each filing their own mortgage or lien. And let’s not forget the other contractors: Empire Protection (security systems?), Rasa Floors (deep cleaning?), Accent Restoration (water damage? hail damage? emotional damage?) — all of whom filed their own M&M liens in late 2025, probably because they also didn’t get paid and were like, “Oh, you wanna play lien tag? I’m so in.”

So why are they all in court? Westlake isn’t just suing for breach of contract — that’s the straightforward part. They had a deal, they delivered, they weren’t paid. But the real fireworks come with the other two claims: unjust enrichment and foreclosure of lien. The unjust enrichment argument is basically: “Even if these other companies didn’t sign the contract, they benefited from our materials, so they shouldn’t get to profit off a property we helped build without paying us.” It’s the legal equivalent of saying, “You didn’t buy the pizza, but you ate three slices, so you owe me $12.” And the foreclosure claim? That’s where Westlake says, “Fine. If no one’s gonna pay, then sell the damn building and use the money to cover our bill.” They want the court to declare their lien the top priority — above all those mortgages and other liens — and then force a sale of the entire apartment complex. Yes. Over $92,000. That’s like foreclosing on a house because the handyman didn’t get paid for installing a ceiling fan. It’s nuclear. It’s dramatic. It’s beautiful.

And what do they want? $92,030.06. Plus interest. Plus attorney’s fees. Plus the cost of the lawsuit. Is that a lot? In the grand scheme of real estate, not really. The Villas at Midtown complex sits on multiple tax parcels and covers several city blocks — it’s not some shack behind a Sonic. We’re talking about a commercial property worth millions. So $92K is less than a rounding error. But to Westlake Hardware? That’s real money. That’s payroll, that’s inventory, that’s the difference between a bonus and a layoff. And yet — and this is the absurd part — they’re asking the court to potentially sell the entire building over it. That’s like calling the cops because your roommate didn’t chip in for the Netflix subscription. The demand isn’t outrageous, but the remedy is wildly disproportionate. It’s the legal version of using a flamethrower to light a candle.

So what’s our take? Look, we’re not here to defend non-payment. If Westlake delivered materials and wasn’t paid, they deserve their money. But the sheer number of defendants — 13! — including the City of Tulsa and a carpet cleaning company — turns this into a legal circus. It’s like everyone who ever touched the property is now on the docket, just in case. And the idea that a hardware company might end up owning an entire apartment complex because someone forgot to cut a check? That’s not justice — that’s vengeance. The most absurd part? That this isn’t even a fight between two parties. It’s a free-for-all, a lien free-for-all, where every contractor, lender, and city department is jockeying for position like they’re on the last lifeboat off the Titanic. And Westlake? They’re just standing there with a receipt and a dream, saying, “I just want to be paid. But also, if we have to auction the building, I call dibs on the penthouse.”

We’re not lawyers. We’re entertainers. But if this goes to trial, we’re bringing popcorn. And maybe a hard hat. Just in case.

Case Overview

Petition
Jurisdiction
DISTRICT COURT FOR TULSA COUNTY, OKLAHOMA
Relief Sought
$92,030 Monetary
Claims
# Cause of Action Description
1 BREACH OF CONTRACT -
2 QUASI CONTRACT/UNJUST ENRICHMENT -
3 FORECLOSURE OF LIEN -

Petition Text

4,301 words
IN THE DISTRICT COURT FOR TULSA COUNTY STATE OF OKLAHOMA WESTLAKE HARDWARE INC, a Delaware Corporation vs. VILLAS AT MIDTOWN BEST LIVING, LLC, a Delaware limited liability company; SG CAPITAL PARTNERS, a Delaware limited liability company; SG CAPITAL MRA SELLER LLC, a Delaware limited liability company, SHELTER GROWTH MASTER TERM FUND B III LP c/o of its General Partner, SHELTER GROWTH OPPORTUNITIES FUND GP LLC, a Delaware limited liability company, SHELTER GROWTH CRE 2022-FL4 ISSUER LTD, BERKELEY POINT CAPITAL LLC, d/b/a NEWMARK; a Delaware limited liability company, EMPIRE PROTECTION SERVICES, LLC, an Oklahoma limited liability company RASA FLOORS & CARPET CLEANING, LLC, a Texas limited liability company; CITY OF TULSA, LOTOR LLC, a Kansas limited liability Company, YSA Investments 1 LLC, a Delaware limited liability company; AND ACCENT RESTORATION, L.L.C., an Oklahoma limited liability company, CJ _______________________ FILED DISTRICT COURT TULSA COUNTY, OKLAHOMA February 12, 2026 8:48 AM DON NEWBERRY, COURT CLERK Case Number CJ-2026-634 Defendants. PETITION FOR FORECLOSURE COMES NOW, WESTLAKE HARDWARE INC., Plaintiff, and for its Petition for Foreclosure against Defendants Villas at Midtown Best Living, LLC, SG Capital Partners, SG Capital MRA Seller LLC, Shelter Growth Master Term Fund B III LP c/o of its General Partner, Shelter Growth Opportunities Fund GP LLC, Shelter Growth CRE 2022-FL4 Issuer Ltd, Berkeley Point Capital LLC, d/b/a Newmark, Empire Protection Services LLC, Rasa Floors & Carpet Cleaning, LLC, City of Tulsa, Lotor LLC, YSA Investments 1 LLC, and Accent Restoration, L.L.C., alleges and states as follows: PARTIES 1. Plaintiff, Westlake Hardware Inc., ("Plaintiff"), is a Delaware corporation with its corporate office having an address of 14000 Marshall Drive Lenexa, KS 66215, and that does business in multiple states, including Oklahoma, and is not required to register to do business in Oklahoma pursuant to 18 O.S. §1132(4). 2. Defendant, Villas at Midtown Best Living, LLC, is a Delaware limited liability company registered to do business in the state of Oklahoma with a service address of c/o Vesta Realty, LLC 6911 S. 66th East Ave., Ste 100, Tulsa, OK 741363, and is the owner of the Real Property (defined below) by virtue of a deed filed on September 29, 2021, Instrument No. 2021112682 of the real property records of the Tulsa County Clerk¹. 3. Defendant, SG Capital Partners, is a Delaware limited liability company registered to do business in the state of Oklahoma with a service address of c/o Corporation Service Company 10300 Greenbriar Place, Oklahoma City, OK 73159-7563, and may claim some right, title and interest in the Real Property (defined below) by virtue of a mortgage filed on September 29, 2021, Instrument No. 2021112683 of the real property records of the Tulsa County Clerk, an Assignment of Leases and Rents, filed on September 29, 2021, Instrument No. 2021112684, and a Financing Statement filed September 29, 2021, Instrument No. 2021112685 of the real property records of the Tulsa County Clerk. 4. Defendant, SG Capital MRA Seller LLC, is a Delaware limited liability company with a service address of c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, ¹ References in this Petition to instruments of record with the Tulsa County Clerk are references that incorporate those instruments of record as if fully set forth herein and are not attached as exhibits. DE, 19808, and may claim some right, title and interest in the Real Property (defined below) by virtue of an Assignment of Mortgage, Security Agreement, Assignment of Lease and Rents and Fixture Filing filed on December 17, 2021, Instrument No. 2021147832 of the real property records of the Tulsa County Clerk, an Assignment of Leases and Rents, filed on December 17, 2021, Instrument No 2021147833, and a UCC Financing Statement Amendment filed on December 20, 2021, Instrument No 2021148182 5. Defendant, Shelter Growth Master Term Fund B III LP c/o of its General Partner, Shelter Growth Opportunities Fund GP LLC, with a service address of c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE, 19808, may claim some right, title and interest in the Real Property (defined below) by virtue of an Assignment of Financing Statement filed August 3, 2022, Instrument No. 2022080264 of the real property records of the Tulsa County Clerk. 6. Shelter Growth CRE 2022-FL4 Issuer Ltd, with a service address of 750 Washington Boulevard, Suite 1050, Stamford, CT 06901, may claim some right, title and interest in the Real Property (defined below) by virtue of an Amendment of Financing Statement filed September 8, 2022, Instrument No. 2022091810 of the real property records of the Tulsa County Clerk. 7. Defendant, Berkeley Point Capital LLC, D/B/A Newmark is a Delaware limited company, registered to do business in the state of Oklahoma with a service address of c/o Corporation Service Company, 10300 Greenbriar Place, Oklahoma City, OK 73159-7563, and may claim some right, title and interest in the Real Property (defined below) by virtue of a mortgage filed February 14, 2023, Instrument No. 2023010968 of the real property records of the Tulsa County Clerk, a Financing Statement filed February 14, 2023, Instrument No. 2023010970, of the real property records of the Tulsa County Clerk, and a Scrivener’s Affidavit filed March 1, 2023, Instrument No. 2023015166, of the real property records of the Tulsa County Clerk. 8. Defendant, Empire Protection Services, LLC, is an Oklahoma limited liability company with a service address of c/o Empire Protection Services LLC, 14083 SH 51 #134, Coweta, OK 74429, and may claim some right, title and interest in the Real Property (defined below) by virtue of a mechanic’s and materialman’s lien filed on September 11, 2025, Instrument No L2025010109, of the real property records of the Tulsa County Clerk. 9. Defendant, Rasa Floors & Carpet Cleaning, LLC, is a Texas limited liability company registered to do business in the state of Oklahoma with a service address of c/o C T Corporation System 1833 South Morgan Road, Oklahoma City, OK 73128, and may claim some right, title and interest in the Real Property (defined below) by virtue of a mechanic’s and materialman’s lien filed on September 25, 2025, Instrument No L2025010525, of the real property records of the Tulsa County Clerk. 10. Defendant, City of Tulsa, with a service address of c/o Tulsa City Clerk, 175 E. 2nd Street, Room 260, Tulsa, OK 74103, and may claim some right, title and interest in the Real Property (defined below) by virtue of a lien filed on October 16, 2025, Instrument No. 2025091943, of the real property records of the Tulsa County Clerk. 11. Defendant, Lotor, LLC, is a Kansas limited liability company with a service address of c/o Jason P. Cohorst, 6016 Charlotte Ct, Shawnee, KS 66216, and may claim some right, title and interest in the Real Property (defined below) by virtue of a Second Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, filed on October 20, 2025, Instrument No 2025095862, of the real property records of the Tulsa County Clerk. 12. Defendant, YSA Investments 1, LLC is a Delaware limited liability company which with a service address of 8 The Green #23817, Dover, DE 19901, and may claim some right, title and interest in the Real Property (defined below) by virtue of a mortgage filed on October 31, 2025, Instrument No. 2025099693, of the real property records of the Tulsa County Clerk. 13. Defendant, Accent Restoration, L.L.C. is an Oklahoma limited liability company with a service address of c/o Stephen Vaughn, 3168 S. 108th Ave, Suite 350, Tulsa, OK 74146, and may claim some right, title and interest in the Real Property (defined below) by virtue of a mechanic’s and materialman’s lien filed on November 26, 2025, Instrument No L2025012789, of the real property records of the Tulsa County Clerk. JURISDICTION AND VENUE 14. This Court has personal jurisdiction over all the parties because they are either Oklahoma businesses, or are doing business in Oklahoma specifically related to the Real Property (as defined below). 15. This is a petition for breach of contract and foreclosure of an mechanics and materialmen’s lien filed by Plaintiff on real property located in Tulsa, Tulsa County, State of Oklahoma, as that property is further described on the attached Exhibit A, which legal description is incorporated by reference as if fully set forth herein, with a street address of 2001 E. Skelly Drive, Tulsa, OK 74105, (the “Real Property”), and venue is appropriate pursuant to 12 O.S. §131(1)(a) and (c). CAUSE OF ACTION NUMBER ONE BREACH OF CONTRACT (Villas at Midtown Best Living, LLC) Plaintiff incorporates by reference as if fully set forth herein, paragraphs 1-15, and further states: 16. Defendant Villas at Midtown Best Living, LLC, is the record owner of the Real Property. 17. The Real Property contains an apartment complex called Villas at Midtown and contains an unknown number of occupants. 18. Plaintiff is in the business of providing hardware and lumber materials (collectively, the "Materials"). 19. Plaintiff entered into an agreement with Defendant Villas at Midtown Best Living, LLC, for Materials at the Real Property (the "Contract"). 20. Pursuant to the Contract, Plaintiff specifically provided the Materials to Defendant Villas at Midtown Best Living, LLC, as set forth on the invoices attached to the mechanic's and materialman's lien filed against the Real Property on March 7, 2025, Instrument No. L20250026989, of the real property records of the Tulsa County Clerk, (the "Plaintiff's M&M Lien"). 21. Despite repeated demands made by Plaintiff on Defendant Villas at Midtown Best Living, LLC, nothing has been paid to the Plaintiff for the materials as set forth in Plaintiff's M&M Lien. 22. The total amount owed for the materials furnished by Plaintiff to Defendant Villas at Midtown Best Living, LLC for the material, allowing for all payments, just offsets, and any credits is: $92,030.06. 23. Plaintiff suffered damages as a direct result of the breach of the Contract by Villas at Midtown Best Living, LLC to pay Plaintiff for the materials furnished by Plaintiff for the Real Property. WHEREFORE, Plaintiff requests that this Court enter judgment against Defendant Villas at Midtown Best Living, LLC on this cause of action as follows: A. Actual damages in a sum equal to $92,030.06 for the Materials furnished to the Real Property, and in accordance with the proof at the time of trial, together with pre- and post judgment interest thereon at the statutory rate until paid; B. The costs of this action, as well as a reasonable attorney’s fees; C. Such other and further relief as the Court may deem just and equitable. CAUSE OF ACTION NUMBER TWO QUASI CONTRACT/UNJUST ENRICHMENT (Defendants Villas at Midtown Best Living, LLC, SG Capital Partners, SG Capital MRA Seller LLC, Shelter Growth Master Term Fund B III LP c/o of its General Partner, Shelter Growth Opportunities Fund GP LLC, Shelter Growth CRE 2022-FL4 Issuer Ltd, Berkeley Point Capital LLC, d/b/a Newmark, Lotor, LLC, YSA Investments 1, LLC) Plaintiff incorporates by reference as if fully set forth herein, paragraphs 1-23, and further states: 24. Plaintiff specifically provided the Materials for the Real Property to and at the request of Defendant Villas at Midtown Best Living, LLC as set forth on the invoices attached to the Plaintiff’s M&M Lien. 25. Despite repeated demands made by Plaintiff on Defendant Villas at Midtown Best Living, LLC nothing has been paid to the Plaintiff for the Materials as set forth in Plaintiff’s M&M Lien. 26. The total amount owed for the Materials furnished by Plaintiff to Defendant Villas at Midtown Best Living, LLC for the Real Property, allowing for all payments, just offsets, and any credits is: $92,030.06 27. Plaintiff suffered damages as a direct result of the breach of the agreement by Defendant Villas at Midtown Best Living, LLC to pay Plaintiff for the Materials furnished by Plaintiff for the Real Property. 28. In addition to Defendant Villas at Midtown Best Living, LLC, Defendants SG Capital Partners, SG Capital MRA Seller LLC, Shelter Growth Master Term Fund B III LP c/o of its General Partner, Shelter Growth Opportunities Fund GP LLC, Shelter Growth CRE 2022-FL4 Issuer Ltd, Berkeley Point Capital LLC, d/b/a Newmark, Lotor, LLC, YSA Investments 1, LLC, claim some right, title, and interest in and to the Real Property for ownership, mortgage, or other financing purposes. 29. Defendant Villas at Midtown Best Living, LLC would be unfairly benefited if no compensation was paid to Plaintiff for the Materials furnished by Plaintiff for the Real Property. 30. If the Plaintiff is successful on its claims for foreclosure on the Real Property, but is otherwise unable to be paid out of the proceeds of the sale, as record owners, mortgage holders or financial lien holders, Defendants SG Capital Partners, SG Capital MRA Seller LLC, Shelter Growth Master Term Fund B III LP c/o of its General Partner, Shelter Growth Opportunities Fund GP LLC, Shelter Growth CRE 2022-FL4 Issuer Ltd, Berkeley Point Capital LLC, d/b/a Newmark, Lotor, LLC, YSA Investments 1, LLC, would be unfairly benefited if no compensation was paid to Plaintiff for the Materials furnished by Plaintiff for the Real Property as more specifically set forth in the Plaintiff’s M&M Lien. WHEREFORE, Plaintiff requests that this Court enter judgment against Defendants Villas at Midtown Best Living, LLC, SG Capital Partners, SG Capital MRA Seller LLC, Shelter Growth Master Term Fund B III LP c/o of its General Partner, Shelter Growth Opportunities Fund GP LLC, Shelter Growth CRE 2022-FL4 Issuer Ltd, Berkeley Point Capital LLC, d/b/a Newmark, Lotor, LLC, YSA Investments 1, LLC, jointly and severally, on this cause of action as follows: A. Actual damages in a sum equal to $92,030.06 for Materials furnished to the Real Property, and in accordance with the proof at the time of trial, together with pre- and post judgment interest thereon at the statutory rate until paid; B. The costs of this action, as well as a reasonable attorney’s fees; C. Such other and further relief as the Court may deem just and equitable. CAUSE OF ACTION NUMBER THREE FORECLOSURE OF LIEN (All Defendants) Plaintiff incorporates by reference as if fully set forth herein, paragraphs 1-30, and further states: 31. Plaintiff specifically provided the material for the Real Property to Defendant Villas at Midtown Best Living, LLC as set forth on the invoices attached to the Plaintiff’s M&M Lien. 32. Despite repeated demands made by Plaintiff on Defendant Villas at Midtown Best Living, LLC nothing has been paid to the Plaintiff for the Materials as set forth in Plaintiff’s M&M Lien. 33. The total amount owed for the Materials furnished by Plaintiff to Defendant Villas at Midtown Best Living, LLC for the Real Property, allowing for all payments, just offsets, and any credits is: $92,030.06 34. Plaintiff suffered damages as a direct result of the breach of the agreement by Defendant Villas at Midtown Best Living, LLC to pay Plaintiff for the Materials furnished by Plaintiff for the Real Property. 35. Plaintiff timely filed Plaintiff’s M&M Lien. 36. Defendant Villas at Midtown Best Living, LLC remains indebted to Plaintiff and the Real Property subject to Plaintiff’s M&M Lien should be sold and the proceeds of the sale should be applied to Plaintiff’s M&M Lien. 37. Defendant Villas at Midtown Best Living, LLC, is the record owner of the Real Property. Any interest Defendant Villas at Midtown Best Living, LLC, may claim in the Real Property is junior, inferior and subordinate to that of Plaintiff’s M&M Lien and should be extinguished as junior, inferior and subject to Plaintiff’s M&M Lien. Defendant Villas at Midtown Best Living, LLC, is required to set up any such claims by filing and asserting them in this proceeding for adjudication by the Court. 38. Defendant SG Capital Partners, may claim an interest in the Real Property subject to the Plaintiff’s M&M Lien. Any interest it may claim is junior, inferior and subordinate to that of the Plaintiff’s M&M Lien and should be extinguished as junior, inferior and subject to Plaintiff’s Judgment. Defendant SG Capital Partners is required to set up any such claims by filing and asserting them in this proceeding for adjudication by the Court. 39. Defendant SG Capital MRA Seller LLC, may claim an interest in the Real Property subject to the Plaintiff’s M&M Lien. Any interest it may claim is junior, inferior and subordinate to that of the Plaintiff’s M&M Lien and should be extinguished as junior, inferior and subject to Plaintiff’s Judgment. Defendant SG Capital MRA Seller LLC is required to set up any such claims by filing and asserting them in this proceeding for adjudication by the Court. 40. Defendant Shelter Growth Master Term Fund B III LP c/o of its General Partner, Shelter Growth Opportunities Fund GP LLC, may claim an interest in the Real Property subject to the Plaintiff’s M&M Lien. Any interest it may claim is junior, inferior and subordinate to that of the Plaintiff’s M&M Lien and should be extinguished as junior, inferior and subject to Plaintiff’s Judgment. Defendant Shelter Growth Master Term Fund B III LP c/o of its General Partner, Shelter Growth Opportunities Fund GP LLC is required to set up any such claims by filing and asserting them in this proceeding for adjudication by the Court. 41. Defendant Shelter Growth CRE 2022-FL4 Issuer Ltd, may claim an interest in the Real Property subject to the Plaintiff’s M&M Lien. Any interest it may claim is junior, inferior and subordinate to that of the Plaintiff’s M&M Lien and should be extinguished as junior, inferior and subject to Plaintiff’s Judgment. Defendant Shelter Growth CRE 2022-FL4 Issuer Ltd is required to set up any such claims by filing and asserting them in this proceeding for adjudication by the Court. 42. Defendant Berkeley Point Capital LLC, D/B/A Newmark may claim an interest in the Real Property subject to the Plaintiff’s M&M Lien. Any interest it may claim is junior, inferior and subordinate to that of the Plaintiff’s M&M Lien and should be extinguished as junior, inferior and subject to Plaintiff’s Judgment. Defendant Berkeley Point Capital LLC, D/B/A Newmark is required to set up any such claims by filing and asserting them in this proceeding for adjudication by the Court. 43. Defendant Empire Protection Services, LLC, may claim an interest in the Real Property subject to the Plaintiff’s M&M Lien. Any interest it may claim is junior, inferior and subordinate to that of the Plaintiff’s M&M Lien and should be extinguished as junior, inferior and subject to Plaintiff’s Judgment. Defendant Empire Protection Services, LLC is required to set up any such claims by filing and asserting them in this proceeding for adjudication by the Court. 44. Defendant Rasa Floors & Carpet Cleaning, LLC, may claim an interest in the Real Property subject to the Plaintiff’s M&M Lien. Any interest it may claim is junior, inferior and subordinate to that of the Plaintiff’s M&M Lien and should be extinguished as junior, inferior and subject to Plaintiff’s Judgment. Defendant Rasa Floors & Carpet Cleaning, LLC is required to set up any such claims by filing and asserting them in this proceeding for adjudication by the Court. 45. Defendant City of Tulsa, may claim an interest in the Real Property subject to the Plaintiff’s M&M Lien. Any interest it may claim is junior, inferior and subordinate to that of the Plaintiff’s M&M Lien and should be extinguished as junior, inferior and subject to Plaintiff’s Judgment. Defendant City of Tulsa is required to set up any such claims by filing and asserting them in this proceeding for adjudication by the Court. 46. Defendant Lotor LLC, may claim an interest in the Real Property subject to the Plaintiff’s M&M Lien. Any interest it may claim is junior, inferior and subordinate to that of the Plaintiff’s M&M Lien and should be extinguished as junior, inferior and subject to Plaintiff’s Judgment. Defendant Lotor LLC, is required to set up any such claims by filing and asserting them in this proceeding for adjudication by the Court. 47. Defendant YSA Investments 1, LLC, may claim an interest in the Real Property subject to the Plaintiff’s M&M Lien. Any interest it may claim is junior, inferior and subordinate to that of the Plaintiff’s M&M Lien and should be extinguished as junior, inferior and subject to Plaintiff’s Judgment. Defendant YSA Investments 1, LLC, is required to set up any such claims by filing and asserting them in this proceeding for adjudication by the Court. 48. Defendant, Accent Restoration, L.L.C., may claim an interest in the Real Property subject to the Plaintiff’s M&M Lien. Any interest it may claim is junior, inferior and subordinate to that of the Plaintiff’s M&M Lien and should be extinguished as junior, inferior and subject to Plaintiff’s Judgment. Defendant Accent Restoration, L.L.C., is required to set up any such claims by filing and asserting them in this proceeding for adjudication by the Court. WHEREFORE, Plaintiff demands judgment on its foreclosure of the Plaintiff’s M&M Lien in its favor and against the Defendants as follows: A. Determining that the Plaintiff’s M&M Lien is a valid first lien, and that Plaintiff’s interests in and to the Real Property subject to Plaintiff’s M&M Lien are first, prior and superior to the interests of all other parties to this action, subject only to unpaid real estate ad valorem taxes, and the right of the occupants who are leasing units at the Real Property; B. Ordering that the Plaintiff’s M&M Lien be foreclosed and the Real Property sold with appraisement, subject only to unpaid real estate ad valorem taxes, and the right of the occupants who are leasing units at the Real Property, with the proceeds of said sale being applied first to costs herein including attorney’s fees, then to the payment of Plaintiff’s M&M Lien, with the surplus, if any, paid into the Court for any further order; C. Determining that the right, title and interest of all and each of the Defendants, and any person or entity claiming by, through or under said Defendants, or any of them, except for the unpaid real estate ad valorem taxes and the right of the occupants who are leasing units at the Real Property, in and to the Real Property, are subject, junior and inferior to the Plaintiff’s M&M Lien, and that upon confirmation of the sale of the Real Property, all of the Defendants, and all persons or entities claiming by or through or under them, or any of them, except for the unpaid real estate ad valorem taxes and the right of the occupants who are leasing units at the Real Property, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to the Real Property, or any part thereof; and D. For such other and further relief to which Plaintiff might be entitled. Respectfully Submitted. CHRISTOPHER W. COTNER, OBA#18927 [email protected] JOSHUA C. GREENHAW, OBA #19111 [email protected] CARA J. BISEL, OBA #31390 [email protected] MEE HAWKINS GREENHAW COTNER, PLLP PO Box 1375 Oklahoma City, OK 73101 Telephone: (405) 848-9100 Attorneys for Plaintiffs EXHIBIT "A" LEGAL DESCRIPTION The land referred to below is located in the County of Tulsa, State of Oklahoma and described as follows: Tract 1: Lots One (1) and Two (2), Block One (1); and Lots One (1) and Two (2), Block Two (2), JORDAN ADDITION to the City of Tulsa, Tulsa County, State of Oklahoma, according to the recorded plat thereof; LESS AND EXCEPT A strip of land lying in Lots 1 and 2, Block 1, Jordan Addition to the City of Tulsa, according to the recorded plat thereof, Tulsa County, Oklahoma, dedicated to State of Oklahoma ex rel. Department of Transportation in Deed recorded February 14, 2008, Document No. 2008015842, being more particularly described as follows, to-wit: Beginning at the point where the Present Northerly right-of-way line of Interstate Highway No. 44 intersects the West line of said Lot 1, also being the SW corner of said Lot 1, thence N 74°55'58" E along said right-of-way line a distance of 492.98 feet to a point where said right- of-way line intersects the East line of said Lot 2, also being the SE corner of said Lot 2, thence N 00°34'42" W along said East line, a distance of 15.49 feet, thence S 42°47'38" W, a distance of 28.20 feet, thence S 78°30'23" W, a distance of 466.51 feet, to a point on the West line of said Lot 1, thence S 00°50'00" E along said West line, a distance of 30.00 feet to point of beginning, containing 0.16 acres, more or less, together with all abutters' rights; and LESS AND EXCEPT A Strip of land lying in Lot 1, Block 2, Jordan Addition to the City of Tulsa, according to the recorded plat thereof, Tulsa County, Oklahoma, dedicated to State of Oklahoma ex rel. Department of Transportation in Deed recorded April 9, 2009, Document No. 2009033418, being more particularly described as follows, to-wit: Beginning at the SW corner of said Lot 1, thence N 75°21 '20" E along the South line of said Lot 1, also being the Present Northerly right-of-way line of Interstate Highway No. 44, a distance of 10.13 feet, thence N 29°00'35" W a distance of 20.65 feet to a point on the West line of said Lot 1, thence S 00°34'42" E along said West line a distance of 20.62 feet to point of beginning, containing 0.01 acres, more or less, together with all abutters' rights. Tract 2: Lots One (1) and Two (2), Block One (1); Lots One (1), Two (2), Three (3), Four (4), Five (5) and Six (6), Block Two (2); and Lot One (1), Block Three (3), AMENDED PLAT OF BOLEWOOD PARK, an Addition to the City and County of Tulsa, State of Oklahoma, according to the recorded plat thereof. Property Address: 2001 E. Skelly Drive, Tulsa, OK 74105 Tax Parcel No.: 03975-93-30-06190; 06200; 06210; 06220; 06230; 06240; 06250; 06260 Tax Parcel No.: 20800-93-30-09330; 09390 VERIFICATION I, Robert Massengill, SVP Business Development for Westlake Hardware, Inc. of lawful age, and being duly sworn upon my oath, deposes and says that I have read the foregoing Petition and state under penalty of perjury under the laws of Oklahoma that the facts set forth therein are true and correct to the best of my knowledge. [Signature] Robert Massengill
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