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Judge places a portion of West Glen in receivership

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A Polk County judge signed a foreclosure decree today on two buildings and a parking garage that opened in 2009 at West Glen Town Center.

Midwest Independent Bank of Jefferson City, Mo., filed a lawsuit in February claiming that owners of the West Des Moines commercial, entertainment and residential complex owed $26.4 million on a $30 million loan for the structures, which include the 71,000-square-foot Keystone residential and retail condominium building and the 90,000-square-foot Promenade office building.

West Glen Town Center LLC, its individual members and their lawyers agreed to the foreclosure, which was drafted by Midwest’s attorney, Thomas Burke of Whitfield & Eddy PLC.

“The decree today was the result of work that both parties have done over the past few months,” said Jamie Buelt, spokeswoman for West Glen.

NAI Ruhl & Ruhl Commercial Co.’s Greater Des Moines operation was named receiver of the properties.

Counterclaims against the bank that were brought by the limited liability company and majority stakeholder Gary Kirke were dismissed on the condition that they can be refiled. Kirke has a 51.95 percent interest in the development. Other partners are William Van Orsdel, who holds a 34.73 percent interest, A. Terry Moss, 5.55 percent, Robert Pulver, 4.44 percent, and Robert Horner, 3.33 percent.

Pulver and Horner recently gained title to 17 acres north of the SuperTarget store at West Glen after they loaned the ownership group $3.6 million in September 2010.

According to the foreclosure decree, the parties agreed to delay a sheriff’s sale for six months, giving them time to find buyers for the properties.

West Glen Town Center LLC continues to own and manage a large part of the development, including its entertainment venues, condominiums and storefronts. The receivership will not affect tenants or visitors to the town center.

The West Glen investment group currently owes $26.9 million in principal and interest on the Midwest Independent Bank loan, court records say.

Four of the investment partners also have filed a lawsuit against Van Orsdel, accusing him of fraud, breach of contract, unjust enrichment and other claims connected with his management of West Glen between 2004 and April 2009.