A Missouri bank seeking $26 million from West Glen Town Center LLC has filed a motion to collect a nearly $7 million personal guarantee on the loan from West Glen partner William Van Orsdel.

Midwest Independent Bank has reached settlement agreements or is negotiating agreements with the remaining partners: Gary Kirke, Robert Horner, A. Terry Moss and Robert Pulver.

The bank received foreclosure judgment in June after declaring that the operating company was in default on $26 million of an original $30 million loan for development of what is known as phase two of the tony West Des Moines retail, commercial and residential development.

That construction included a mixed-use residential and retail building, an office building and a parking ramp. Though the residential portion of the mixed-use building, called Keystone, has enjoyed high occupancy rates, the retail portion has not, nor has the nearby Promenade office building.

The loan, originally written by First Bank and later assigned to Midwest Independent Bank, was modified in September 2009 to include the individual guarantees of the five partners. Kirke guaranteed nearly $10.4 million, Van Orsdel and his WAVO 1998 Trust guaranteed nearly $6.7 million, Moss guaranteed $1.1 million, Pulver guaranteed $888,000 and Horner guaranteed $666,000.

In the foreclosure judgment, a Polk County judge gave the individuals and their operating company until December to reach an agreement with the bank and to find a buyer for the property, which was placed in receivership.

All but Van Orsdel entered negotiations to settle their individual guarantees. Van Orsdel’s attorney, Thomas Hanson, said he would file a reply to Midwest Independent Bank’s motion in the next seven to 10 days.

“In essence, we’re saying that this motion is premature,” Hanson said.

Horner, Moss and Pulver have settled or are about to settle on their guarantees, and Kirke is working toward an agreement on his guarantee.

Attorney Steven Wandro, who represents Moss, said the settlements clear the individual partners but not the operating company from liability. The second phase of West Glen is being heavily marketed for sale.

The fate of the original phase of the project, which includes restaurants, residential, office and retail units, is not clear. A national lender placed a loan for that segment in special servicing, which typically means the loan is in or near default.

Horner and Pulver have received the deed to about 17 acres in the development in lieu of foreclosure on a $3.6 million loan to the operating company.

Horner, Kirke, Moss and Pulver have filed a separate lawsuit against Van Orsdel, accusing him of fraud and diverting West Glen proceeds for personal benefit and for other business projects. That case is pending in Polk County District Court.

A hearing date has not been scheduled on the Midwest Independent Bank motion to collect Van Orsdel’s personal guarantee on its loan.