11-2542S

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE
TWELFTH JUDICIAL CIRCUIT,
IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO.: 2011 CA 005802 NC
CIRCUIT CIVIL DIVISION C
JPMCC 2006-LDP9 SARASOTA
LODGING, LLC, a Florida limited
liability company,
Plaintiff, vs.
W2007 McKIBBON HOTEL GROUP OF SARASOTA, FLORIDA #3, L.P., a Georgia limited partnership f/k/a
McKibbon Hotel Group of Sarasota, Florida #3, L.P., a Georgia limited
partnership, W2007 EQUITY INNS
PARTNERSHIP, L.P., a Tennessee limited partnership f/k/a Equity Inns Partnership, L.P., a Tennessee limited partnership, and ENN SARASOTA 3, L.L.C., a Delaware limited liability company,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Amended Uniform Final Judgment of Mortgage Foreclosure rendered on August 9, 2011 (the “Amended Final Judgment of Mortgage Foreclosure”), entered by the Court in Case No. 2011 CA 005802 NC, of the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida, in which JPMCC 2006-LDP9 SARASOTA LODGING, LLC is the Plaintiff and W2007 McKIBBON HOTEL GROUP OF SARASOTA, FLORIDA #3, L.P., f/k/a McKibbon Hotel Group of Sarasota, Florida #3, L.P., W2007 EQUITY INNS PARTNERSHIP, L.P., f/k/a EQUITY INNS PARTNERSHIP, L.P., and ENN SARASOTA 3, L.L.C. are the Defendants, I will sell at public sale, to the highest and best bidder for cash at www.sarasota.realforeclose.com, on the 6th day of September, 2011, beginning at 9 a.m. the following real and personal property, located in Sarasota County described as follows:
SEE EXHIBITS “A” and “B”
ATTACHED HERETO.
All of that certain lot, piece of parcel of land, with the buildings and improvements thereon, situated, lying and being described as follows:

PARCEL 1:

Situated in Section 1, Township 36 South, Range 17 East, Sarasota County, Florida, and being a parcel of land more particularly described as follows:

Commence at the Southwest corner of the Northwest ¼ of the Northeast ¼ of the Southeast ¼ of Section 1 Township 36 South, Range 17 East, Sarasota County, Florida; thence along the Westerly line of said quarter-quarter-quarter, North 00º00'42” East, 310.00 feet to the Point of Beginning; thence from said Point of Beginning, and continuing North 00º00'42” East, 302.39 feet to the Southerly right-of-way line of University Parkway; thence along said line, South 89º58'59” East, 300.45 feet; thence South 00º03'21” East, 303.60 feet; and thence North 89º45'06” West, 300.81 feet to the Point of Beginning.

PARCEL 2:

Non-Exclusive Access Easement for the benefit of Parcel 1 contained in that certain Ground Lease, recorded in Official Record Book 2969, page 613, as amended in Official Records Instrument No. 1998116398, and also contained in that certain Ground Lease recorded in Official Records Instrument No. 2000023765, as affected by Official Records Instrument No. 2000023766, and Access Easement recorded in Official Records Instrument No. 2006198568, over and across the lands described therein.

PARCEL 3:

Non-Exclusive Storm Water Easement for the benefit of Parcel 1, as contained in that certain Ground Lease, recorded in Official Record Book 2969, page 613, as amended in Official Records Instrument No. 1998116398, and also contained in that certain Ground Lease recorded under Official Records Instrument No. 2000023765, as affected by Official Records Instrument No. 2000023766, and Storm Water Easement Agreement recorded in Official Records Instrument No. 2006198569, over and across the lands described therein.

PARCEL 4:

Non-Exclusive Storm Water Easement by Equity Inns Partnership, L.P., recorded November 13, 2006 in Official Records Instrument No. 2006198569, of the Public Records of Sarasota County, Florida.

PARCEL 5:

Non-Exclusive Access Easement Agreement by Equity Inns Partnership, L.P., recorded November 13, 2006 in Official Records Instrument No. 2006198568, of the Public Records of Sarasota County, Florida.

EXHIBIT “B”
PERSONAL PROPERTY DESCRIPTION

All of Debtor's estate, right, title and interest in, to and under the following described property whether now owned or hereinafter acquired by Debtor (collectively, the “Property”).

1. Land. The real property described in Exhibit A attached hereto and made a part hereof (collectively the “Land”), together with additional lands, estates and (to the extent assignable) development rights hereafter acquired by Debtor for use in connection with the development, ownership or occupancy of such real property, and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of that certain Mortgage and Security Agreement executed in connection herewith (the “Security Instrument');

2 . Improvements. The buildings, structures, fixtures, additions, accessions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the “Improvements”);

3. Easements. All of Debtor's leasehold estate in and to and any interest of Ground Lessor in and to all easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Ground Lessor or Debtor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;

4. Fixtures and Personal Property. All machinery, equipment, goods, inventory, consumer goods, furnishings, fixtures (including but not limited to all heating, air conditioning, plumbing, inventory, lighting, communications and elevator fixtures) and other personal property of every kind and nature, whether tangible or intangible, whatsoever owned by Debtor and/or Ground Lessor, or in which Debtor and/or Ground Lessor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future use, maintenance, enjoyment, operation and occupancy of the Land and the Improvements, including without limitation, beds, bureaus, chiffonniers, chests, chairs, desks, lamps, mirrors, bookcases, tables, rugs, carpeting, drapes, draperies, curtains, shades, venetian blinds, screens, paintings, hangings, pictures, divans, couches, luggage carts, luggage racks, stools, sofas, chinaware, linens, pillows, blankets, glassware, food carts, cookware, dry cleaning facilities, dining room wagons, keys or other entry systems, bars, bar fixtures, mini-bars, liquor and other drink dispensers, icemakers, kitchen equipment, radios, television sets, cable t.v. equipment, intercom and paging equipment, electric and electronic equipment, dictating equipment, private telephone systems, reservation systems and related computer software, medical equipment, potted plants, heating, lighting and plumbing fixtures, fire prevention and extinguishing apparatus, fittings, plants, apparatus, stoves, ranges, refrigerators, cutlery and dishes, laundry machines, tools, machinery, engineers, dynamos, motors, boilers, incinerators, washers and dryers, other customary hotel equipment, and all building equipment, materials and supplies of any nature whatsoever owned by Debtor and/or Ground Lessor, or in which Debtor and/or Ground Lessor have or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation, enjoyment and occupancy of the Land and the Improvements and the right, title and interest of Debtor and/or Ground Lessor in and to any of the Personal Property (as hereinafter defined) which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the “Uniform Commercial Code”) superior in lien to the lien of the Security Instrument and all proceeds and products of the above;

5. Leases and Rents. All leases, subleases and other agreements (specifically including, but not limited to that certain (i) Lease Agreement for SpringHill Suites Sarasota, Florida between Debtor and ENN Sarasota 3, L.L.C., a Delaware limited liability company (the “Lessee”) dated on or about as of even date herewith (the “Operating Lease”). (ii) Original Assignment of Leases and Rents dated as of even date herewith between Debtor and Lessee (the “Original Assignment”)) affecting the use, enjoyment or occupancy of the Land and the Improvements heretofore or hereafter entered into (including, without limitation, any and all security interests, contractual liens and security deposits) whether before or after the filing by or against Debtor and/or Ground Lessor of any petition for relief under 11 U.S.C. §101 et seq. as the same may be amended from time to time (the “Bankruptcy Code”) (individually, a “Lease”, collectively, the “Leases”) and all income, rents (including, without limitation, room rents, revenues, accounts and receivables derived from the use or occupancy of all or any portion of the Improvements), issues, profits and revenues (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements whether paid or accruing before or after the filing by or against Debtor and/or Ground Lessor of any petition for relief under the Bankruptcy Code, including, without limitation, all revenues and credit card receipts collected from guest rooms, restaurants, bars, meeting rooms, banquet rooms and recreational facilities, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right. of the use and occupancy of property or rendering of services by Debtor or any operator or manager of the hotel or the commercial space located in the Improvements or acquired from others (including, without limitation, from the rental of any office space, retail space, guest rooms or other space, halls, stores, and offices, and deposits securing reservations of such space), license, lease, sublease and concession fees and rentals, health club membership fees, food and beverage wholesale and retail sales (including mini-bar revenues), service charges, vending machine sales and proceeds, if any, from business interruption or other loss of income insurance (collectively, the “Rents”) from all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;

6. Condemnation Awards. All awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain (including but not limited to any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property;

7. Insurance Proceeds. All proceeds of and any unearned premiums on any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property;

8. Tax Certiorari. All refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;

9. Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;

10. Rights. The right, in the name and on behalf of Debtor and/or Ground Lessor, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interests of Secured Party in the Property;

11. Agreements. All agreements, contracts (including purchase, sale, option, right of first refusal and other contracts pertaining to the Property), certificates, instruments, franchises, permits, licenses, approvals, consents, plans, specifications, franchise agreements and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Property (including any Improvements or respecting any business or activity conducted on the Land and any part thereof) and all right, title and interest of Debtor and/or Ground Lessor therein and thereunder, including, without limitation, the right, upon the occurrence and during the continuance of any Event of Default (as defined in the Security Instrument), to receive and collect any sums payable to Debtor and/or Ground Lessor thereunder and specifically including that certain Assignment of Contracts, Licenses, Permits, Agreements, Warranties and Approvals between Debtor and the Lessee dated as of even date hereof (the “Assignment of Contracts”) and the Original Assignment;

12. Trademarks. All tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property;

13. Accounts. All accounts, accounts receivable, escrows (including, without limitation, all escrows, deposits, reserves and impounds established pursuant to that certain Escrow Agreement for Reserves and Impounds of even date herewith between Debtor and Secured Party; hereinafter the “Escrow Agreement”), documents, instruments, chattel paper, deposit accounts, investment property, claims, reserves (including deposits) representations, warranties and general intangibles, as one or more of the foregoing terms may be defined in the Uniform Commercial Code, and an contract rights, franchises, books, records, plans, specifications, permits, licenses (to the extent assignable), approvals, actions, choses, commercial tort claims, suits, proofs of claims in bankruptcy and causes of action which now or hereafter relate to, are derived from or are used in connection with the Property, including, without limitation, all revenues and credit card receipts collected from guest rooms, restaurants, bars, meeting rooms, banquet rooms, and recreational facilities, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Debtor or any operator or manager of the hotel or the commercial space located in the Improvements or acquired from others (including, without limitation, from the rental of any office space, retail space, guest rooms or other space, halls, stores, and offices, and deposits securing reservations of such space), license, lease, sublease and concession fees and rentals, health club membership fees, food and beverage wholesale and retail sales, service charges, vending machine sales and proceeds, if any, from business interruption or other loss of income insurance, or arising from the sale of any Property or the rendition of services in the ordinary course of business or otherwise (whether or not earned by performance), together with any Property returned by or reclaimed from customers wherever such Property is located, or the use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business activities thereon (hereinafter collectively called the “Intangibles”); and

14. Liquor License. To the extent assignable, all licenses, permits, approvals and consents which are required for the sale and service of alcoholic beverages on the Property heretofore or hereafter obtained by Debtor from applicable state and local authorities.

15. Other Rights. Any and all other rights of Debtor and/or Ground Lessor in and to the Property and any accessions, renewals, replacements and substitutions of all or any portion of the Property and all proceeds derived from the sale, transfer, assignment or financing of the Property or any portion thereof.
Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens, must file a claim within 60 days after the sale. Karen E. Rushing is the Clerk of the Courts making the foregoing sale, Twelfth Judicial Circuit, Sarasota County, Florida.
In accordance with the Americans With Disabilities Act, persons needing a reasonable accommodation to participate in this proceeding should contact the Clerk of the Circuit Court no later than seven business days prior to the proceeding at the Sarasota County Courthouse. Telephone 941-861-7425 (Sarasota and Venice) or 1-800-955-8770 via Florida Relay Service.
Dated this 15th day of August, 2011.
By: Jeremy C. Sahn, Esq.
Florida Bar No. 29494
BILZIN SUMBERG BAENA PRICE &
AXELROD, LLP
1450 Brickell Avenue, 23rd Floor
Miami, FL 33131-3456
Tel: 305-374-7580
Fax: 305-374-7593
August 19, 26, 2011 11-2542S