Akron Televangelist Facing Foreclosure On Network Facility

CV-2017-11-4964 FORC 11/29/2017 17:16:48 PM O'BRIEN, TAMMY Page 1 of 39
IN THE COURT OF COMMON PLEAS

SUMMIT COUNTY, OHIO
BECK ENERGY CORPORATION, INC.,

4857 Harding Avenue,
Ravenna, Ohio 44266, CASE NO.
Plaintiff, JUDGE
vs.
WINSTON BROADCASTING
NETWORK, INC.,
2690 State Road,
Cuyahoga Falls, Ohio 44223,
and
GRACE CATHEDRAL, INC.,

2700 State Road,
Cuyahoga Falls, Ohio 44223,
Defendants.
COMPLAINT
Beck Energy Corporation, Inc. (hereinafter Plaintiff), for its Complaint against the
Winston Broadcasting Network, Inc. (WBN), and Grace Cathedral, Inc. (Grace Cathedral)
(hereinafter collectively Defendants), states the following:
01807834-1 / 22585.00-0196
Sandra Kurt, Summit County Clerk of Courts
INTRODUCTION
1. This case seeks money damages for failure to pay a promissory note and
foreclosure of the mortgage lien after Defendants failed to make payments on the principal balance
of a loan.
PARTIES
2. Plaintiff is an Ohio corporation organized and doing business under the laws
of Ohio, with its principal place of business located in Stark County, Ohio.
3. WBN is an Ohio corporation, with its principal place of business in Cuyahoga
Falls, Summit County, Ohio.
4. Grace Cathedral is a North Carolina corporation, admitted to do business in
the state of Ohio, with its principal place of business being Cuyahoga Falls, Summit County, Ohio.
JURISDICTION AND VENUE
5. The Summit County Court of Common Pleas has jurisdiction over this matter
as the actions giving rise to the Complaint occurred within Summit County, Ohio, and the mortgaged
property is located in Summit County, Ohio.
6. Venue is proper pursuant to Ohio Rule of Civil Procedure 3(B)(2), (3), (5),
and (6).
FACTS
7. In or around January 2013, Plaintiff provided a loan in the amount of THREE
MILLION SIX HUNDRED THOUSAND U.S. DOLLARS ($3,600,000.00), at eight percent (8%)
interest to WBN.
01807834-1 / 22585.00-0196 2
8. On January 18, 2013, Edwina Brown, President of WBN, signed a promissory
note (hereinafter the Note) on behalf of WBN, evidencing the loan granted by Plaintiff to WBN. A
true and accurate copy of the Note is attached hereto as Exhibit A.
9. The same day, Ernest W. Angley, President of Grace Cathedral, signed a
guaranty (hereinafter the Guaranty) on behalf of Grace Cathedral, agreeing to pay the sum owed to
Plaintiff if WBN defaulted on the Note. A true and accurate copy of the Guaranty is attached hereto
as Exhibit B.
10. Payments under the Note were to commence on February 7, 2013, and
continue until February 7, 2016, at which time a final payment of any and all remaining balance was
due and payable to Plaintiff in full.
11. In addition to the Note and Guaranty, a mortgage deed was granted to Plaintiff
by WBN on the real property located at 2690 State Road, Cuyahoga Falls, Ohio, 44243, (hereinafter
the Mortgage) upon the statutory condition, to secure the payment by [WBN] pursuant to [the
Note] [] dated February 7, 2013 in the principal sum of THREE MILLION SIX HUNDRED
THOUSAND DOLLARS AND 00/100 ($3,600,000.00), plus interest. A true and accurate copy of
the Mortgage is attached hereto as Exhibit C.
12. The Mortgage was properly recorded with the Summit County, Ohio Fiscal
Office on February 8, 2013 in Instrument Number 55928940 and thereby became and presently is
the first and best lien on the real property, except for any real estate taxes .
13. WBN used the loan from Plaintiff to pay off its balance remaining with PNC
Bank, and PNC Bank filed a Mortgage Release on February 8, 2013, with Summit County Fiscal
Office. A true and accurate copy of the Mortgage Release is attached hereto as Exhibit D.
01807834-1 / 22585.00-0196 3
14. WBN began payments to Plaintiff on February 7, 2013, which covered
interest only.
15. In 2016, Raymond Beck, on behalf of Plaintiff, granted WBN a verbal
extension on payments, allowing the payments to continue until February 7, 2017, at which time the
final payment would become due and payable.
16. In February 2017, WBN did not tender a final payment in full to Plaintiff.
17. On or around April 25, 2017, Raymond Beck, on behalf of Plaintiff, sent a
letter (hereinafter the April 2017 Letter) to WBN, informing it of its default on the Note. A true
and accurate copy of the April 2017 letter is attached hereto as Exhibit E.
18. In the April 2017 letter, Plaintiff stated that the balance was due immediately.
19. On July 14, 2017, Ernest Angley, on behalf of WBN, wrote to Plaintiff and
stated that he will be able to pay the $3,600,000.00 in just a very short, short time. A true and
accurate copy of the July 2017 letter is attached hereto as Exhibit F.
20. WBN never tendered payment.
21. On or around September 12, 2017, a ten (10) day demand letter (hereinafter
Demand Letter) was sent by certified mail to WBN to inform WBN that the Note was immediately
due and payable within ten days of receipt of the letter. A true and accurate copy of the Demand
Letter is attached hereto as Exhibit G.
22. The Demand Letter was received by WBN on September 14, 2017. A true and
accurate copy of the certified mail receipt is attached hereto as Exhibit H.
23. After receipt, Ernest Angley, on behalf of WBN, once again told Plaintiff,
and/or Plaintiffs counsel, that he was preparing to pay the remaining balance.
01807834-1 / 22585.00-0196 4
24. No payment was received on September 24, as required by the Demand
Letter.
25. To date, WBN has not paid the remaining balance of $3,600,000.00 owed to
Plaintiff, and WBN is in default of the Note.
COUNT ONE
Breach of Promissory Note
26. Plaintiff reincorporates by reference all of the allegations set forth above as if
the same were fully rewritten herein.
27. Plaintiff is the owner and holder of the Note and has exercised its option as
recited in the Note to declare the entire amount of the unpaid principal to be due and payable at
once.
28. WBN has failed to make final payment to Plaintiff in February 2017, when the
Note was due and payable.
29. WBN failed to make final payment in April 2017, when Plaintiff sent WBN a
notice informing WBN that the Note was in default and immediately due and payable.
30. WBN failed to make final payment in September 2017, when counsel for
Plaintiff sent WBN a final Demand Letter stating that the Note was immediately due and payable.
31. WBN is in default of the Note, and $3,600,000.00 is immediately due and
payable to Plaintiff.
COUNT TWO
Breach of Corporate Guaranty
33. Grace Cathedral signed as a guarantor on the Note.
01807834-1 / 22585.00-0196 5
34. WBN failed to pay Plaintiff according to the terms of the Note.
35. Because WBN has failed to pay, Grace Cathedral is obligated to pay the
outstanding amount.
36. As a direct and proximate result of WBNs failure to pay, Plaintiff has been
damaged in the amount of $3,600,000.00.
37. Grace Cathedral owes Plaintiff in the amount of $3,600,000.00.
COUNT THREE
Mortgage Foreclosure
39. Plaintiff is the owner and holder of the Mortgage Deed, conveying the real
property located at 2690 State Road, Cuyahoga Falls, Ohio 44223, Parcel No. 35-03497 (as further
described below) as security for the payment of the Note:
Situated in the City of Cuyahoga Falls, County of Summit and State

of Ohio:
And known as being a part of O.L. 28 in said City and more fully
described as follows:
Commencing at the centerline intersection of Portage Trail (60' Wide)

and State Road (S.R. 8 80' Wide). The centerline of said State Road
and the Easterly line of said O.L. 28. (Said commencement point has
the following state plane co-ordinates Y=541, 372.997 X=2, 273,
007.202).
Thence along the centerline of said State Road and the Easterly line
of said O.L. 28 S-00 deg. 32' 33"-E a distance of 911.18 feet to a
point.
Thence S-89 deg. 32' 50"-W a distance of 30.00 feet to a drill hole set
in concrete on the Westerly R/W of said State Road and the True
Place of Beginning of the parcel herein described: (said beginning
point has the following state place co-ordinates Y=540, 461.618,
X=2, 272, 985.838).
01807834-1 / 22585.00-0196 6
Thence along the Westerly R/W of said State Road S-00 deg. 32' 33"-
E a distance of 422.37 feet to a found iron pipe at the N.E. corner of
lands now or formerly belonging to Portage Properties, Inc.
Thence along the Northerly line of said Portage Properties, Inc. lands
and the Northerly line of lands now or formerly belonging to
Cathedral Apts., Inc. N-89 deg. 56' 59"-W a distance of 651.88 feet to
a drill hole set in concrete at the Northwest corner of said Cathedral
Apt. Inc. lands.
Thence along the Easterly line of lands now or formerly belonging to

North Minster Church of Cuyahoga Falls N-00 deg. 37' 08"-W a
distance of 361.65 feet to a tagged No. 5 Rebar Set (#5746).
Thence N-89 deg. 32' 50"-E a distance of 230.00 feet to a tagged No.
5 rebar set.
Thence N-00 deg. 37' 08"-W a distance of 55.00 feet to a tagged No.
5 rebar set.
Thence N-89 deg. 32' 50"-E a distance of 422.407 feet to the True
Place of Beginning.
Said parcel of lands contains 5.9990 acres of land more or less as

surveyed by Gerald G. Greissing Reg. Surv. No. 5746 in April, 1984
but is subject to all legal highways and easements of record. Said
distances have been converted to State Plane Grid Distances using the
following combined scale and elevation factor 0.999892.
Prior Instrument Reference: Reception No. 55137173 of the Summit

County Official Records
Parcel Number: 35-03497
Routing Number: NH-00035-01-008.002
40. Because of the default of the Note, as set forth in Count One, Plaintiff is
entitled to have the equity of redemption foreclosed, the real property sold, and the proceeds of the
sale to be applied to the balance due and owing to Plaintiff on the Note in the order of priority as
ordered by this Court.
41. Plaintiff has a valid and first and best lien on the real property.
01807834-1 / 22585.00-0196 7
42. The Defendants, WBN and Grace Cathedral, have or may claim to have an in
the real property.
WHEREFORE, Plaintiff requests judgment as follows:
a. Pursuant to Counts One and Two, judgment against the Defendants, WBN
and Grace Cathedral, jointly and severally, in the principal amount of
THREE MILLION SIX HUNDRED THOUSAND U.S. DOLLARS
($3,600,000.00) as of February 7, 2017, in accordance with the Note held by
Plaintiff, and that the amount of said judgment be found to be secured by the
Mortgage;
b. And pursuant to Count Three, Plaintiffs Mortgage be adjudged to be a valid
and first and best lien on the real property; that Defendants be required to set
up their respective claims to the subject real property, if any, or be forever
barred; that the equity of redemption of all Defendants be foreclosed; that
any liens on the real property be marshalled; that the real property be ordered
by the Court to be sold; and that the proceeds of the sale be applied in
payment of the judgment of Plaintiff.
c. And any other relief, just and equitable, this Court deems appropriate.
/s/ Scott M. Zurakowski

Scott M. Zurakowski, (0069040), of
KRUGLIAK, WILKINS, GRIFFITHS
& DOUGHERTY CO., L.P.A.
4775 Munson Street, N.W./P.O. Box 36963
Canton, Ohio 44735-6963
Phone: (330) 497-0700/Fax: (330) 497-4020
szurakowski@kwgd.com
ATTORNEY FOR BECK ENERGY
CORPORATION
01807834-1 / 22585.00-0196 8
EXHIBIT A

PROMISSORY NOTE
$3,600,000.00
. Jmon, Ohio
A
, 2013
FOR VALUE RECEIVED, the undersigned, WINSTON BROADCASTING NETWORK,

INC., an Ohio Corporation, located at 2690 State Road, Cuyahoga Falls, Ohio 44223 ("Maker")
promises to pay to the order of BECK ENERGY CORPORATION ("Payee"), at 4857 Harding
Avenue, Ravenna, Ohio 44266 or at such other address as Payee may from time to time designate,
the sum of THREE MILLION SIX HUNDRED THOUSAND DOLLARS 00/100, ($3,600,000)
with interest at the fixed rate of Eight percent (8%) per annum, payable on the following terms and
conditions:
Thirty-six (36) equal monthly installments of TWENTY FOUR THOUSAND DOLLARS

00/1 00, ($24,000), commencing on 201 3 and continuing until
2016. A final payment in the amount of the entire Principal Balance of THREE MILLION SIX
HUNDRED THOUSAND DOLLARS 00/100, ($3,600,000) and unpaid interest is due on or
before f rJ, i j, ,- >:/ % 2016.
Any and all amounts due in connection with this Promissory Note ("Note") shall be due
and payable to Payee on or before /VJrvrv / jjj_, 2016 (the "Maturity Date").
- / v
Payments shall be applied to towards accrued interest. Any amounts paid in excess of
interest due shall be applied towards the Principal Balance.
This Note is secured by a mortgage ("Mortgage"), bearing the same date as this Note
given by Maker to Payee, on certain real property located at 2690 State Road, Cuyahoga Falls,
Ohio 44223.
Maker shall have the right to prepay this Note prior to Maturity Date in whole or in part
with accrued interest to the date of such prepayment without premium or penalty, provided no
proration shall be made of interest charges hereunder.
Upon default of the Maker on the terms and conditions of this Note, provided the Maker
does not cure such default within thirty (30) days after receipt of written notice, specifying the
default, the payee, holder, or assignee, hereof shall have the right to declare the entire balance
hereunder to become due and payable in one sum.

If any default is made hereunder, neither the failure of the Payee or any holder hereof
promptly to exercise its right to declare the outstanding principal and accrued and unpaid interest
hereunder to be immediately due and payable, nor the failure to exercise any other right or remedy
of the holder hereof may have for default, nor the acceptance by the holder of late payments or
default interest, nor the failure of the holder to demand strict performance of any obligation of the
undersigned or of any other person who may be liable hereunder, shall constitute a waiver of any
such rights in connection with any future default on the part of the undersigned or any other person
who may be liable hereunder. Further, acceptance by the holder of partial payments following
acceleration of the indebtedness evidenced hereby shall not constitute a waiver by the holder of the
acceleration of such indebtedness.
The Maker and all other parties now or hereafter liable for the payment hereof, whether as
endorser, consignor, guarantor, surety or otherwise, severally waive demand, presentment for
payment, notice of dishonor, protest and notice of protest, notice of intention to accelerate, notice
of acceleration, diligence in collecting or bringing suit against any party hereto, and all other
notices other than as expressly provided herein and agree to the application of any deposit balance
held by the Payee (or in any other entity or person which shall hold participation in the
indebtedness evidenced hereby) as payment or part payment on this obligation or as an offset
hereto, and agree to all extensions, postponements of time of payment of this Note and partial
payments, with or without notice, before or after maturity.
If this Note is placed in the hands of attorneys for collection, or if it is collected through
bankruptcy or other judicial proceedings, Maker further agrees to pay all expenses of collection,
including the fees of said attorneys.
All of the covenants, stipulations, promises and agreements in this Note contained by or on
behalf of Maker shall bind his successors, administrators, executors, and assigns.
Maker hereby certifies and acknowledges that: (a) any and all debts and/or obligations
pursuant to this Note have been undertaken by Maker for business purposes; and (b) no debt and/or
obligation of Maker pursuant to this Note is for personal or consumer purposes.
This Note is personally guaranteed by Ronald M. Midcap. See attached Exhibit A.
This Note is guaranteed by Grace Cathedral, Inc. See attached Exhibit B.
This Note shall be governed by and construed in accordance with the laws of the State of
Ohio.
- THIS PORTION OF THE PAGE INTENTIONALLY BLANK -

The undersigned have hereunto set their hands on theT^^v c-'^ 2013.
MAKER:
WINSTON BROADCASTING NETWORK, INC.
By:
t
Edwina Brown, President
PAYEE:
BECK ENERGY COLORATION
1
< c
By:__r
S
Raymond Beck, President
STATE OF OHIO )SS

COUNTY OF SUMMIT )
BEFORE ME a notary public in and for said county and state, personally appeared the
above named
EDWINA BROWN, PRESIDENT OF WINSTON BROADCASTING
NETWORK, INC., who acknowledged that did sign the foregoing instrument and that the
same is free act and deed. she
ter
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at Akron,
Ohio this ft' ^ <J&.n , , 2013.
\
Catherine 0. Shupe
STATE OF OHIO )SS ss, ; Resident Summit County
I* t H? *| Notary Public, State ol Ohio
COUNTY OF SUMMIT )
/ My Commission Expires: 04/29/201P
above-named RAYMOND BECK, PRESIDENT OF BECK ENERGY CORPORATION,
who acknowledged that he did sign the foregoing instrument and that the same is his free act and
deed.
Ohio this JkhoxW UN, 2013.
7
A UVV \? .cvt/rc--
JACQUELINE McMURRAY, Notary Public
otary Public
Residence - Summit County
State Wide Jurisdiction, Ohio C
My Commission Expires

Exhibit A
INDIVIDUAL GUARANTEE BY RONALD M. MIDCAP
For value received, and in consideration of, I Ronald M. Midcap, do hereby authorize
Winston Broadcasting Network, Inc., to execute a Promissory Note ("Note"), in the principal
sum of THREE MILLION SIX HUNDRED THOUSAND DOLLARS AND 00/100
(S3,600,000. 00), plus interest.. The undersigned hereby guarantees Beck Energy Corporation,
the entire amount of the afore-mentioned Note. My liability as an individual guarantor of the
Note to Beck Energy Corporation shall not accrue until such time as Winston Broadcasting
Network, Inc. defaults on the Note.
If Winston Broadcasting Network, Inc. defaults in the payment of the Note, the
undersigned agrees to pay such sums to Beck Energy Corporation. The undersigned assumes
responsibility for being and keeping themselves informed of Winston Broadcasting Network,
Inc.'s financial obligations and assets and any and all circumstances bearing upon the risk of the
non-payment of the Note to Beck Energy Corporation, and agrees that the Beck Energy
Corporation shall have no duty to advise the undersigned of information known to it regarding
such circumstances or risks.
This Individual Guarantee shall not become effective until such time as the Note is
executed between Winston Broadcasting Network, Inc. and Beck Energy Corporation.
H
The undersigned have hereunto set their hands on the T-//. / nf ,2013.
(
INDIVIDUAL GUAR^N TTllT ~~
Ronald M. Midcap (

STATE OF OHIO )SS
COUNTY OF SUMMIT )
above-named RONALD M. MIDCAP, who acknowledged that he did sign the foregoing
instrument and that the same is his free act and deed.
IN TESTIMONY WHEREOF. I have hereunto set my hand and official seal at Akron,
Ohio this An, , 2013.
0
"x
-
IL
Notary Public
X
Catherine D. Shupe
g 1 Resident Summit County
jEtS * f Notary Public, State of Ohio
\ \ X / My Commission Expires-. 04/29/2016

Exhibit B
GUARANTEE BY GRACE CATHEDRAL, INC.
For value received, and in consideration of, Grace Cathedral, Inc., hereby authorizes
($3,600,000.00), plus interest.. The undersigned hereby guarantees Beck Energy Corporation,
the entire amount of the afore-mentioned Note. Grace Cathedral, Inc.'s liability as a guarantor of
the Note to Beck Energy Corporation shall not accrue until such time as Winston Broadcasting
Network, Inc. defaults on the Note.
undersigned agrees to pay such sums to Beck Energy Corporation. Grace Cathedral, Inc.,
through the authority of the undersigned, assumes responsibility for being and keeping
themselves informed of Winston Broadcasting Network, Inc.'s financial obligations and assets
and any and all circumstances bearing upon the risk of the non-payment of the Note to Beck
Energy Corporation, and agrees that the Beck Energy Corporation shall have no duty to advise
the undersigned of information known to it regarding such circumstances or risks.
This Guarantee shall not become effective until such time as the Note is executed
between Winston Broadcasting Network, Inc. and Beck Energy Corporation.
A
/ -W
The undersigned have hereunto set their hands on the J-Cma. /<f , 2013.
7
GUARANTOR:
Byr
Grace Cathedral, Inc. Z> L
By: Name: U Amfen

Title: rke<; f '

STATE OF OHIO )SS
COUNTY OF SUMMIT )
above-named IA J. who acknowledged that he did sign the foregoing
instrument and that the same is hi^free act and deed.
Ohio this 7Jar\ , 2013.
A -
A ytuM iajjl J t-c
Catherine D. Shape
ufss&sj Resident Summit County
vkfiF/
"""% a, ;*>*
Notary Public, State of Ohio
My Commission Expires: 04/29/2016

EXHIBIT B

Exhibit B
GUARANTEE BY GRACE CATHEDRAL, INC.
For value received, and in consideration of, Grace Cathedral, Inc., hereby authorizes
($3,600,000.00), plus interest.. The undersigned hereby guarantees Beck Energy Corporation,
the entire amount of the afore-mentioned Note. Grace Cathedral, Inc.'s liability as a guarantor of
the Note to Beck Energy Corporation shall not accrue until such time as Winston Broadcasting
Network, Inc. defaults on tire Note.
undersigned agrees to pay such sums to Beck Energy Corporation. Grace Cathedral, Inc.,
through the authority of the undersigned, assumes responsibility for being and keeping
themselves informed of Winston Broadcasting Network, Inc.'s financial obligations and assets
and any and all circumstances bearing upon the risk of the non-payment of the Note to Beck
Energy Corporation, and agrees that the Beck Energy Corporation shall have no duty to advise
the undersigned of information known to it regarding such circumstances or risks.
This Guarantee shall not become effective until such time as the Note is executed
between Winston Broadcasting Network, Inc. and Beck Energy Corporation.
A
/! 3 iV
The undersigned have hereunto set their hands on the {lit. // "" ,2013.
'/
'/
GUARANTOR:
Bvr 6L
j
\
Grace Cathedral, Inc. S
IS
By: Name: id
Title: icfeSt '

STATE OF OHIO )SS
COUNTY OF SUMMIT )
above-named (A J. w^ acknowledged that he did sign the foregoing
instrument and that the same is hi^frce act and deed.
Ohio this /ffVW 7k,r\ 2013.
CM L ll/Qg_
No
Catharine D. Shupe
Resident Summit County
Notary Public, State of Ohio
w My CofnmissiDn Expires: 04/29/2010

EXHIBIT C

^ >
MORTGAGE DEED
WINSTON BROADCASTING NETWORK, INC., an Ohio Corporation, located at

2690 State Road, Cuyahoga Falls, Ohio 44223 ("Mortgagor"), for valuable consideration paid,
grants with mortgage covenants to BECK ENERGY CORPORATION, an Ohio Corporation,
located at 4857 Harding Road, Ravenna, Ohio 44266 ("Mortgagee"), the following real property
("Property") located in City of Cuyahoga Falls, County of Summit, State of Ohio:
See Exhibit A for full Legal Description, which is attached to this Mortgage and
made a part of this Mortgage as if fully set forth herein.
The Real Property or its address is commonly known as 2690 State Road, Cuyahoga
Falls, Ohio 44223. The real property tax identification number is 35-03497; PPN:
NH-00035-01-008.002; 35-03226; PPN: NH-00035-01-008.001.
(Wherever used herein, the terms "Mortgagor" and "Mortgagee" include all the
parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of partnerships and corporations).
This Mortgage is given, upon the statutory condition, to secure the payment by
Mortgagor pursuant to a Promissory Note dated 7^ , 2013 ("Note") in the
principal sum of THREE MILLION SIX HUNDRED~~THOUSAND DOLLARS AND
00/100 ($3,600,000.00), plus interest.
Provided always, that if Mortgagor shall comply with the "Statutory Condition" as
defined in Section 5302. 14 of the Ohio Revised Code which provides generally that if Mortgagor
pays the principal and interest in accordance with the tenns of the Note secured by this
Mortgage, performs the other obligations secured hereby, pays all taxes and assessments,
maintains insurance against fire and other hazards, and does not commit or suffer waste, then this
Mortgage shall be void.
The following are additional terms and conditions of this Mortgage:
5592694
1LAQ3CP01
Kristen Scalise,
Pq:
no
Summit Co Fiscal Office
1 of 7
32 /as/20 io 08 : ISO
8.00

1. Mortgagor shall, at all times, keep the Premises (as used in this Mortgage the term
"Premises" includes but is not limited to all buildings and other improvements now or hereafter
situated thereon, together with all functioning systems, mechanical systems and fixtures thereof,
and all site improvements, paving, curbs, signs, lawn areas, grass areas, trees, shrubbery and
landscaping), in a good state and condition of repair and (where applicable) in good operating
condition, and in a neat, tidy and sanitary condition, and in compliance with all governmental
requirements. Mortgagor shall not commit waste.
2. Mortgagor shall, at all times, cause the Premises to be fully and adequately
insured with a comprehensive broad form policy of fire and extended coverage insurance (or "all
risk" insurance) in the amount of at least the replacement cost of all buildings and other
improvements situated on the Premises. The insurance company to provide such insurance
coverage shall be one authorized to do business in the State of Ohio and approved by Mortgagee.
Said insurance policy shall name both Mortgagor and Mortgagee as insured parties, as their
interests appear. Mortgagor shall, at all times, keep on deposit with Mortgagee evidence of the
continued existence of such insurance coverage in the form of a current certificate of insurance
issued by the insurance company, or as otherwise required by Mortgagee. Said insurance policy
shall provide that the same shall not be modified or canceled except upon at least thirty (30) days
prior written notice being given to Mortgagee.
3. Mortgagor shall, prior to the due date thereof, pay all general taxes, special taxes
and special assessments pertaining to the Premises and forthwith upon each such payment
Mortgagor shall deliver to Mortgagee a copy of the "paid" receipt issued by the county treasurer
evidencing each such payment.
4. Mortgagor warrants that : (a) Mortgagor holds good and marketable title of record
to the property in fee simple, free and clear of all liens and encumbrances other than those set
forth in the Real Property description or in any title insurance policy, title report or final title
opinion issued in favor of, and accepted by, Mortgagee in connection with this Mortgage., and
(b) Mortgagor has the full right, power and authority to execute and deliver this Mortgage to
Mortgagee.
5. Subject to any exceptions in the above section, Mortgagor warrants and will
forever defend the title to the Property against the lawful claims of all persons. In the event any
action or proceeding is commenced that questions Mortgagor's title or the interest of Mortgagee
under this Mortgage, Mortgagor shall defend the action at Mortgagor's expense. Mortgagor may
be the nominal party in such proceeding, but Mortgagee shall be entitled to participate in the
proceeding and to be represented in the proceeding by counsel of Mortgagee's choice and
Mortgagor will deliver or cause to be delivered to Mortgagee such instruments as Mortgagee
may request from time to time to permit such participation.
6. In the event of breach of this Mortgage or in the event of breach of the Note,
Mortgagee shall have the right to have a receiver appointed for the Premises and the interest of
Mortgagor therein, upon application to a court of competent jurisdiction, without notice to
Mortgagor (Mortgagor expressly waiving such notice) and without the necessity of posting a
receiver's bond.
55928940
1LAQ3CP02
Pg: 2 of 7
Kri'sten Scalise, Submit Co Fiscal

7. In the event Mortgagor should fail to pay or perform any obligation of Mortgagor
as contained herein, Mortgagee shall have the right (but not the obligation) to pay and/or perform
such obligation on behalf of Mortgagor, and any monies so paid by Mortgagee shall become
immediately due and owing to Mortgagee, together with interest thereon at the default rate of
interest set forth in the Note.
8. Any default of this Mortgage shall be a default of the Note, and any default of the
Note shall be in default of this Mortgage.
9. In the event any portion of the Premises should be taken by, through or under
eminent domain proceedings, or settlement in lieu thereof, all amounts paid, at the option of
Mortgagee, shall be paid to Mortgagee and applied as a credit against the indebtedness secured
by this Mortgage.
10. Mortgagor hereby assigns to Mortgagee all rents, profits and issues deriving from
the Premises, but Mortgagor shall have the right to collect all of such rents, profits and issues as
long as Mortgagor is not in default under this Mortgage or under the Note for which this
Mortgage is security.
11. Any default of any term, or condition, or covenant contained in any prior
mortgage shall be a default of this Mortgage.
12. Time is of the essence in the performance of this Mortgage.
13. The whole of the principal balance of the indebtedness and any accrued interest at
the default rate of interest set forth in the Note shall immediately become due and payable, at
the option of Mortgagee, upon the happening of any of the following:
a. Failure to make payments in accordance with terms of the Note or any other event
causing default of the Note.
b. Default of any term, or condition, or covenant contained in this or any prior

mortgage on this Property.
c. The removal or demolition of any building on the mortgaged premises or the

commission of any waste on the mortgaged premises;
d. Removal of any fixtures or articles of personal property covered by this mortgage;
e. Failure of Mortgagor to pay any installment of the principal on its due date, or of
interest within three (3) days from the date the same becomes due and payable, or
of any tax or water rate or assessment within three (3) days from the date any of
them become due and payable;
55928940
1LAQ3CP03
Ifr 1 i Ni imivi i + Clo P t <= ,-3 1 flf f
Pg:
no
3 of
02/08/.
7
1* 08.13ft
ss.ee

f. Failure of Mortgagor to notify Mortgagee in writing within thirty (30) days after
any loss or damage caused by fire or other casualty to the mortgaged premises and
prior to the making of any repairs thereto, or the refusal of Mortgagor to permit
Mortgagee to inspect such loss or damage prior to the making of any repairs;
g. Failure of Mortgagor to submit to Mortgagee a duplicate set of plans and

specifications before any improvement or alteration is begun;
h. Assignment by Mortgagor, without first obtaining the written consent of

Mortgagee, of the rents, or any part thereof, from the mortgaged premises; or the
cancellation or surrender of any lease, or the modification of any such lease so as
to shorten the unexpired term thereof or to decrease the amount of the rent
payable thereunder;
i. Failure of Mortgagor to exhibit to Mortgagee within thirty (30) days after demand
receipted bills showing tire payment of all taxes, assessments, water rates, and any
other charge which may have become a prior lien on the mortgaged premises, it
being understood that such demand shall not be made until after the expiration of
the respective grace period mentioned in the preceding paragraphs;
j. Failure of Mortgagor to comply with any other order of any municipal or State
authority having jurisdiction of the mortgaged premises within three (3) months
after tire making of any such order.
Mortgagor acknowledges having read all the provisions of this mortgage, and Mortgagor
agrees to its terms.
- THIS PORTION OF THE PAGE INTENTIONALLY BLANK
55928940
1LAQ3CP04 Pg: 4 of 7
02/03/2013 08: ISA
mn ftfi 00

The undersigned have hereunto set their hands on the ^ c-t. *><** 1^2013.
~~f
MORTGAGOR:
WINSTON BROADCASTING NETWORK, INC.
Edwina Brown, President
MORTGAGEE:
BECK ENERGY CORPORATION
'\
C
By\ ^ rv
Raymond Beck, President
STATE OF OHIO )SS

COUNTY OF SUMMIT )
above-named EDWINA BROWN, PRESIDENT OF WINSTON BROADCASTING
NETWORK, INC., who acknowledged that ^ did sign the foregoing instrument and that the
same is l)i free act and deed. s h .
Ohio this { Cjuxvo , , 2013.
(/
Catharine D. Shupe
I \ Resident Summit County
|* 3 * | Notary Public, State of Ohio
STATE OF OHIO )SS
\ NgfeSSKx / My Commission Expires: 04/29/2016
COUNTY OF SUMMIT )
''iriiuioit1
above named RAYMOND BECK, PRESIDENT OF BECK ENERGY CORPORATION,
who acknowledged that he did sign the foregoing instrument and that the same is his free act and
deed.
,2013.
i
Nptary Public ^
JACQUELINE McMURRAY, Notary Public
Residence - Summit County
State Wide Jurisdiction, Ohio
My Commission Expires DJ ! .Tj (A
55926940
1LAQ3CP05
Kristen Scalise, Summit Co Fiscal Office
Pg; 5 of
02/CB,'2-913 98:18ft
no
7
38.00

EXHIBIT A
LEGAL DESCRIPTION
Situated in the City of Cuyahoga Falls, County of Summit and State of Ohio:
And known as being a part of O.L. 28 in said City and more fully described as
follows:
Commencing at the centerline intersection of Portage Trail (60' Wide) and State
Road (S.R. 8 80' Wide). The centerline of said State Road is also the Easterly line
of said O.L. 28. (Said commencement point has the following state plane co
ordinates Y=541, 372.997 X=2, 273, 007.202).
Thence along the centerline of said State Road and the Easterly line of said O.L.
28 S-00 deg. 32' 33" - E a distance of 911.18 feet to a point.
Thence S-89 deg. 32' 50" - W a distance of 30.00 feet to a drill hole set in
concrete on the Westerly R/W of said State Road and the True Place of Beginning
of the parcel herein described: (said beginning point has the following state place
co-ordinates Y=540, 461.618, X=2, 272, 985.838).
Thence along the Westerly R/W of said State S-00 deg. 32' 33" - E a distance of
422.37 feet to a found iron pipe the N.E. corner of lands now or formerly
belonging to Portage Properties, Inc.
Thence along the Northerly line of said Portage Properties, Inc. lands and the
Northerly line of lands now or formerly belonging to Cathedral Apts., Inc. N-89
deg. 56' 59" - W a distance of 651.88 feet to a drill hole set in concrete at the
Northwest corner of said Cathedral Apt. Inc. lands.
Thence along the Easterly line of lands now or formerly belonging to North
Minister Church of Cuyahoga Falls N-00 deg. 37' 08" - W a distance of 361.65
feet a tagged No.5 Rebar Set (#5746).
Thence N-89 deg 32' 50" - E a distance of 230.00 feet to a tagged No.5 rebar set.
Thence N-00 deg 37' 08" W a distance of 55.00 feet to a tagged No.5 rebar set.
Thence N-89 deg 32' 50" - E a distance of 422.407 feet to the True Place of
Beginning.
55923940
1LAQ3CP06
Kr-isten Scalise. Summit Co Fiscal
Pg:
Office
o of
02O8/2O13 08:18ft
no 35 .00

Said parcel of land contains 5.9990 acres of land more or less as surveyed by
Gerald G. Greissing Reg. Surv. No. 5746 in April, 1984 but is subject to all legal
highways and easements of record. Said distances have been converted to State
Plane Grid Distances using the following combined scale and elevation factor
0.999892.
Property Address: 2690 State Road, Cuyahoga Falls, Ohio 44223
Tax-ID No. 35-03497; PPN: NH-00035-0 1-008.002

Tax-ID No. 35-03226; PPN: NH-00035-01-008.001
55928S40
1LAQ3CP07 Pa: 7 of 7
2 <03. "v}13 06: ISA
no 3 . 00

EXHIBIT D

RELEASE OF OPEN-END MORTGAGE
jCv^^cF
KNOW ALL MEN BY THESE PRESENTS,
That the undersigned PNC Bank, National Association, successor to National City
Bank, does hereby release that certain Open-End Mortgage granted by Winston Broadcasting
Network, Inc., dated June 1, 2006, and filed for record with the Summit County Recorder's
Office on June 6, 2006 as Document No. 55330459.
[Signatures appear on the following page]
55929131
1LAQ9BP01
Krisien Scalise, Summit Co Fiscal
__
Office
Pg: 1
02/08/2013
of 2
02 : 3 IP
32.00

WITNESS WHEREOF, the undersigned has executed this instrume

nt as of this
I day of February, 20 1 3 .
PNC BAN ATIONAL ASSOCIATION
By:
Printed Name:
Title: ii\LL am
STATE OF OHIO
)
) ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this 7^ day of

, 2013 by Pfc-nzA < SHayJ a Vtt &.$'*beK)T of PNC
nal Association ("PNC"), a national banking association, on behalf
of PNC.
a
No 'ublic
JOAN M. WANE ,
NOTARY PUBLIC STATE OFOHK)
Record^ in Lorain County -
My commiMton June 26-
This instrument prepared by:
Kelsey M. Toulouse, Esq.

Vorys, Sater, Seymour and Pease LLP
2 1 00 One Cleveland Center
1375 East Ninth Street
Cleveland, Ohio 441 14
(216) 479-6100
55929131
1LAQ9BP02
Kristen Scalise, Summit Co Fiscal
Pg:
Office
2 of 2
02/03/2013 02 : 31P
RE 32.00
2/07/2013 15742228

EXHIBIT E

April 25, 2017
Winston Broadcasting Network

Attention: Pastor Ernest Angley
2690 State Road
Cuyahoga Falls, Ohio 44223
Pastor Angley:
Your promissory note is in default. Ion has promised that the payment would be made and we had
agreed to verbal extensions. Payme it should be made immediately. Please advise.
Sincerely,
Raymond T. Beck

EXHIBIT F

Ernest Angley Ministries
wmmm
Mi i
July 14,2017
Mr. Raymond Beck

160 N. Chestnut St.
Ravenna, OH 44266
Dear Mr. Beck,
I have received your letter and I appreciate your confidence in me. I didn't intend for it
to take this long and I will be able to pay the $3,600,000.00 in just a very short, short time.
You may know that Ron is going on vacation so Cathy Shupe and I will meet with you.
Cathy will contact you to arrange a time for us to meet and I will pay you in full.
I appreciate your being so kind. I will not forget you. My prayers are for you.
Sincerely,
Reverend Ernest Angley
P.O. Box 1790

Akron, Ohio 44309
330/920-1019

EXHIBIT G

Certified Article Number
75bb HOH 5017 Vila 17
Scott M. Zurakowski
Direct Line: (330) 244-2873
szurakowskl@kwed.com
KRUGL1AK, WILKINS, GRIFFITHS
& DOUGHERTY CO, LPA-atmieysattew
September 12,2017
VIA CERTIFTF.n MATT.

RETURN RECEIPT REQUESTED
AND VIA ORDINARY U.S. MAIL
Winston Broadcasting Network, Inc.

Attn.: Reverend Ernest Angley
2690 State Road
Cuyahoga Falls, Ohio 44223
RE: Ten (1 0) Day Demand Letter
Dear Reverend Angley:
As you are aware, in January 2013, Beck Energy Corporation ("Beck Energy") provided a loan to Winston
Broadcasting Network, Inc. ("Winston Broadcasting") to pay off a promissory note held by PNC Bank.
Beck Energy and Winston Broadcasting then executed and entered into a promissory note (the "Note") in
the amount of three million six hundred thousand dollars ($3,600,000.00), with an interest rate of eight
percent per annum. The Note was personally guaranteed by Ronald M. Midcap and Grace Cathedral, Inc.
Also in January of 2013, Winston Broadcasting granted Beck Energy a mortgage on die real property
located at 2690 State Road, Cuyahoga Falls, Ohio, in the amount of throe million six hundred thousand
dollars ($3,600,000.00), with interest, which was subsequently recorded with the Summit County, Ohio
Fiscal Office ("Mortgage").
The payments under the Note were to commence on February 7, 2013, and continue until February 7, 2016,
with a final payment of any and all remaining balance due on February 7, 2016. Raymond Beck, President
of Beck Energy, verbally granted Winston Broadcasting an extension, which allowed die owed interest and
principal payments to be extended another year.
On April 25, 2017, Raymond Beck notified Winston Broadcasting of its default on the Note. In the letter,
Mr. Beck stated that the remaining balance was due immediately. On July 14, 2017, after receiving Mr.
Beck's notice, you responded and stated that the remaining $3,600,000.00 would be paid in a "very short,
short time."
To date, Winston Broadcasting has failed to pay the Note's principal amount of $3,600,000.00.
01 792900-1 / 22585.00-0057
Li! nsw mi - - '

m - mi . r, -
src. "f * #
September 12, 2017

Page 2
You are hereby notified that the Note is immediately due and payable within ten (1 0) days of receipt of this
demand letter. Should Winston Broadcasting fail to tender the payment in full on or before the ten days,
Beck Energy, by and through counsel, will have no choice but to pursue any and all legal actions, such as
filing suit against Winston Broadcasting to seek damages for the past-due principal amount of
$3,600,000.00, plus interest, court costs, and any other relief necessary and proper, including, but not
limited to, pursuing a foreclosure action on the Mortgage previously granted to Beck Energy.
Payment shall be tendered by way of cashier's or certified check and mailed to Krugliak, Wilkins, Griffiths
& Dougherty Co., L.P.A A return envelope has been enclosed for your convenience.
Should you have any questions or concerns, please do not hesitate to contact me.
Very truly yours,
KRUGLIAK, WILKINS, GRIFFITHS

& DOUpHERTY CO., L.P.A.
//
Scott M. Zurakowski
SMZ/axc
Enc.
c: Bedk Energy Corporation

Ronald Midcap
Grace Cathedral, Inc. (attn. Ernest W. Angley, President)
01792900-1/22585.00-0057

EXHIBIT H

4, - , * h.* m .Mfb l*.K&MSl jiuifiat,,Mli, tw n;n WIS 72> 11Q1 2017 7114 17
United States Postal Service* First-Class Mil* TO:

Pc a & Fees Paid Winston Broadcasting Network, Inc.
DSPS'
imnitNo.G-10
Attn.: Reverend Ernest Angley
2690 State Road
* PRINT YOUR NAME, ADDRESS AND ZIP CODE BELOW O
CV-2017-11-4964
Cuyahoga Falls, OH 44223
KRUGUAKWILKtNS GRIFFITHS SENDER:

ALM
FORC
& DOUGHERTY CO LPA

J REFERENCE:
4775 MUNSON STREET NW 22585.00-0057
J
PO BOX 36963
CANTON OH 44735-6963 j PS Form 3800. January 2005
u
I j RETURN Postage
1
i RECEIPT
Certified Fes
i SERVICE a s
Ratum Receipt Fee
Restricted Delivery
a5
Total Postage & Fees
Ia .J~7 L-!
r>
USPS? POSTMARK OR DATE

1
i
mcwp7. for
'I
CertMed Mall* of
'a
No Insurance Coveraee Provided "? vprv
2. Article Number
v H ' Do Mot Use for International Mall
A Received by (Please Fr*it Cteartj) a Date <A Delivery
11/29/2017 17:16:48 PM
& - 7TtsbklJ
C. Signature
9414726699042097791897 <0Agent
X 0 y\ 1 Addressee
mm 72tb 1101 2017 7114 17

D. ryaddrat lltti rrt from item 1? ? ifes
It YES, enter delivery addtBBB below: ? No
3. Service Type CERTIFIED MAIL*
4. Restricted Delivery? (Extra Fee) Qtbs

: 1. Article Addressed to:
Reference Information
I Winston Broadcasting Network, Inc.
I
O'BRIEN, TAMMY
i Attn.: Reverend Ernest Angley

22585.00-0057
j 2690 State Road
5
i Cuyahoga Falls, OH 44223
ALM
i
!
i
i
PS Form 3811, January 2005 Domestic Return Receipt

Page 39 of 39

Akron Televangelist Facing Foreclosure On Network Facility

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CV-2017-11-4964 FORC 11/29/2017 17:16:48 PM O'BRIEN, TAMMY Page 1 of 39

IN THE COURT OF COMMON PLEAS

BECK ENERGY CORPORATION, INC.,

GRACE CATHEDRAL, INC.,

(hereinafter collectively Defendants), states the following:

3. WBN is an Ohio corporation, with its principal place of business in Cuyahoga

Falls, Summit County, Ohio.

4. Grace Cathedral is a North Carolina corporation, admitted to do business in

JURISDICTION AND VENUE

property is located in Summit County, Ohio.

7. In or around January 2013, Plaintiff provided a loan in the amount of THREE

8. On January 18, 2013, Edwina Brown, President of WBN, signed a promissory

true and accurate copy of the Note is attached hereto as Exhibit A.

9. The same day, Ernest W. Angley, President of Grace Cathedral, signed a

due and payable to Plaintiff in full.

the Mortgage is attached hereto as Exhibit C.

14. WBN began payments to Plaintiff on February 7, 2013, which covered

15. In 2016, Raymond Beck, on behalf of Plaintiff, granted WBN a verbal

final payment would become due and payable.

accurate copy of the July 2017 letter is attached hereto as Exhibit F.

20. WBN never tendered payment.

Letter is attached hereto as Exhibit G.

accurate copy of the certified mail receipt is attached hereto as Exhibit H.

24. No payment was received on September 24, as required by the Demand

Plaintiff, and WBN is in default of the Note.

the same were fully rewritten herein.

Note was due and payable.

the same were fully rewritten herein.

33. Grace Cathedral signed as a guarantor on the Note.

damaged in the amount of $3,600,000.00.

37. Grace Cathedral owes Plaintiff in the amount of $3,600,000.00.

the same were fully rewritten herein.

described below) as security for the payment of the Note:

Situated in the City of Cuyahoga Falls, County of Summit and State

Commencing at the centerline intersection of Portage Trail (60' Wide)

Thence along the Easterly line of lands now or formerly belonging to

Said parcel of lands contains 5.9990 acres of land more or less as

Prior Instrument Reference: Reception No. 55137173 of the Summit

Parcel Number: 35-03497

Routing Number: NH-00035-01-008.002

ordered by this Court.

the real property.

WHEREFORE, Plaintiff requests judgment as follows:

and Grace Cathedral, jointly and severally, in the principal amount of

THREE MILLION SIX HUNDRED THOUSAND U.S. DOLLARS

($3,600,000.00) as of February 7, 2017, in accordance with the Note held by

b. And pursuant to Count Three, Plaintiffs Mortgage be adjudged to be a valid

up their respective claims to the subject real property, if any, or be forever

barred; that the equity of redemption of all Defendants be foreclosed; that

payment of the judgment of Plaintiff.

/s/ Scott M. Zurakowski

Sandra Kurt, Summit County Clerk of Courts

FOR VALUE RECEIVED, the undersigned, WINSTON BROADCASTING NETWORK,

Thirty-six (36) equal monthly installments of TWENTY FOUR THOUSAND DOLLARS

Sandra Kurt, Summit County Clerk of Courts

This Note is personally guaranteed by Ronald M. Midcap. See attached Exhibit A.

This Note is guaranteed by Grace Cathedral, Inc. See attached Exhibit B.

- THIS PORTION OF THE PAGE INTENTIONALLY BLANK -

Sandra Kurt, Summit County Clerk of Courts

Edwina Brown, President

Raymond Beck, President

STATE OF OHIO )SS

Sandra Kurt, Summit County Clerk of Courts

INDIVIDUAL GUARANTEE BY RONALD M. MIDCAP