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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA General
Civil Division
Case No. 11-CA-53464
BANK OF AMERICA, N.A.,
Plaintiff, vs.
DANIELS INDUSTRIAL CONDO, LTD.; DANIELS INDUSTRIAL CONDOMINIUM ASSOCIATION, INC.; and WORTHINGTON
COMMERCE PARK OWNERS
ASSOCIATION, INC.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Final Judgment of Foreclosure filed December 14, 2011, entered in Case No. 11-CA-53464 in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, wherein BANK OF AMERICA, N.A. is the plaintiff and DANIELS INDUSTRIAL CONDO, LTD.; DANIELS INDUSTRIAL CONDOMINIUM ASSOCIATION, INC.; and WORTHINGTON COMMERCE PARK OWNERS ASSOCIATION, INC. are the defendants. I will sell to the highest and best bidder for cash by public electronic sale, on January 13, 2012, beginning at 9:00 a.m., at https://www.lee.realforeclose.com, the following described property as set forth in said Final Judgment of Foreclosure:
SEE EXHIBITS “A” AND “B” ATTACHED
HERETO AND MADE A PART HEREOF
Exhibit “A”
Real Property
PARCEL 1 (FEE ESTATE):
All of Daniels Industrial Condominium according to the Declaration of Condominium of Daniels Industrial Condominium thereof, recorded in Official Record Instrument Number 2007000266010, as amended by that certain Amendment to Declaration of Condominium, recorded under Official Record Instrument Number 2007000279225 and as further amended by that certain Amendment to Declaration of Condominium recorded under Official Record Instrument Number 2008000125687, all of the Public Records of Lee County, Florida, together with its undivided share in the common elements.
LESS AND EXCEPT the following Units A-1, A-2, A-9, A-10, A-11, A-12, A-13, A-15, A-16, A-17, A-27, A-28, and A-29; B-1, B4, B-7, B-9, B-10, and B-12.
PARCEL 2 (EASEMENT PARCEL):
A non-exclusive right-of-way easement for ingress and egress in that certain Easement Agreement by and between Bay Colony-Gateway Inc., and Worthington Holdings LLC dated September 20, 2001, recorded January 22, 2002 in Official Record Book 3562, page 3819, as modified by the Easement Modification Agreement recorded January 13, 2003 in Official Record Book 3821, page 161, all of the Public Records of Lee County, Florida.
PARCEL 3 (EASEMENT PARCEL):
A non-exclusive access easement in that certain Permanent Access Easement Grant by and between Lee County and George Sanders, Trustee recorded October 28, 1998 in Official Record Book 3029, page 1890, of the Public Records of Lee County, Florida.
Exhibit “B”
Personal Property
All of Debtor's right, title and interest now owned or hereafter acquired in and to each of the following (collectively, the “Property”) now or hereafter located in, on or used in connection with the property located in the County of Lee, State of Florida, as more particularly described in the preceding Exhibit “A” that is made a part hereof (the “Land”) and/or any and all buildings, structures and other improvements now or hereafter erected on, under or over the Land (the “Improvement”; and together with the Land, the “Real Property”):
(1) all personal property of any d or nature whatsoever, whether tangible or intangible and whether now owned or hereafter acquired, in which Debtor now has or hereafter acquires an interest and which is used in the construction of, or is placed upon, or is derived from or used in connection with the maintenance, use, occupancy or enjoyment of, the Property, including (a) the Accessories; (b) the Accounts; (c) all franchise, license, management or other agreements with respect to the operation of the Real Property or the business conducted therein, and all general intangibles (including payment intangibles, trademarks, trade names, goodwill, software and symbols) related to the Real Property or the operation thereof; (d) all sewer and water taps, appurtenant water stock or water rights, allocations and agreements for utilities, bonds, letters of credit, permits, certificates, licenses, guaranties, warranties, causes of action, judgments, Claims, profits, security deposits, utility deposits, and all rebates or refunds of fees, Taxes, assessments, charges or deposits paid to any governmental authority related to the Real Property or the operation thereof; (e) all of Debtor's rights and interests under all interest rate swap contracts, including all rights to the payment of money from Secured Party under any such contract and all accounts, deposit accounts and general intangibles, including payment intangibles, described in any interest rate swap contract; (f) all insurance policies held by Debtor with respect to the Property or Debtor's operation thereof; and (g) all money, instruments and documents (whether tangible or electronic) arising from or by virtue of any transactions related to the Property, and all deposits and deposit accounts of Debtor with Secured Party related the Property, including any such deposit account from which Debtor may from time to time authorize Secured Party to debit and/or credit payments; together with all Additions to and Proceeds of all of the foregoing;
(2) any and all judgments, awards of damages (including severance and consequential damages), payments, proceeds, settlements, amounts paid for a taking in lieu of a condemnation or eminent domain proceeding, or other compensation heretofore or hereafter made, including interest thereon, and the right to receive the same, as a result of or in connection with, any actual or threatened condemnation or eminent domain proceeding; and
(3) and all other property and rights used or useful in connection therewith, including all Leases, all Rents, all Condemnation Awards, all Proceeds, and all of Debtor's right, title and interest in and to all Design and Construction Contracts, all Contracts of Sale and all Refinancing Commitments.
Definitions for terms used in Exhibit “B”:
“Accessories” means all fixtures, equipment, systems, machinery, furniture, furnishings, appliances, inventory, goods, building and construction materials, supplies and other articles of personal property, of every kind and character, tangible and intangible (including software embedded therein), now owned or hereafter acquired by Debtor, which are now or hereafter attached to or situated in, on or about the Land or Improvements, or used in or necessary to the complete and proper planning, development, use, occupancy or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use or installation in or on the Land or Improvements, and all Additions to foregoing.
“Accounts” means all accounts of Debtor within the meaning of the Uniform Commercial Code of the State of Florida, derived from or arising out of the use, occupancy or enjoyment of the Property or for services rendered therein or thereon.
“Additions” means any and all alterations, additions, accessions and improvements to property, substitutions therefor, and renewals and replacements thereof.
“Claim” means any liability, suit, action, claim, demand, loss, expense, penalty, fine, judgment or other cost of any kind or nature whatsoever, including fees, costs and expenses of attorneys, consultants, contractors and experts.
“Debtor” means Daniels Industrial Condo, Ltd., a Florida limited partnership.
“Design and Construction Documents” means, collectively, (a) all contracts for services to be rendered, work to be performed or materials to be supplied in the development of the Land or the construction or repair of Improvements, including all agreements with architects, engineers or contractors for such services, work or materials; (b) all plans, drawings and specifications for the development of the Land or the construction or repair of Improvements; (c) all permits, licenses, variances and other rights or approvals issued by or obtained from any governmental authority or other person or entity in connection with the development of the Land or the construction or repair of Improvements; and (d) all amendments of or supplements to any of the foregoing.
“Insurance Proceeds” means the insurance claims under and the proceeds of any and all policies of insurance covering the Property or any part thereof, including all returned and unearned premiums with respect to any insurance relating to such Property, in each case whether now or hereafter existing or arising.
“Leases” means all leases, license agreements and other occupancy or use agreements (whether oral or written), now or hereafter existing, which cover or relate to the Property or any part thereof, together with all options therefor, amendments thereto and renewals, modifications and guaranties thereof, including any cash or security deposited under the Leases to secure performance by the tenants of their obligations under the Leases, whether such cash or security is to be held until the expiration of the terms of the Leases or applied to one or more of the installments of rent coming due thereunder.
“Proceeds,” when used with respect to any of the Property, means all proceeds of such Property, including all Insurance Proceeds and all other proceeds within the meaning of that term as defined in the Uniform Commercial Code of the State of Florida.
“Refinancing Commitment” means any commitment from or other agreement with any person or entity providing for the financing of the Property.
“Rents” means all of the rents, royalties, issues, profits, revenues, earnings, income and other benefits of the Property, or arising m the use or enjoyment of the Property, including all such amounts paid under or arising from any of the Leases and all fees, charges, accounts or other payments for the use or occupancy of rooms or other public facilities within the Real Property.
For avoidance of doubt, the purchaser of the Property as a result of this foreclosure action shall be deemed to be the “Bulk Assignee,” as defined under Chapter 718 of the Florida Statutes, and the general intangibles referenced in this Exhibit that are taken by such purchaser as Bulk Assignee shall be deemed to include all of the rights of the “Developer” under that certain Declaration of Condominium of Daniels Industrial Condominium thereof, recorded in Official Record Instrument Number 2007000266010, as amended by that certain Amendment to Declaration of Condominium, recorded under Official Record Instrument Number 2007000279225 and as further amended by that certain Amendment to Declaration of Condominium recorded under Official Record Instrument Number 2008000125687, all of the Public Records of Lee County, Florida; except for the right of Developer to guarantee the level of assessments and fund budgetary deficits, as applicable.
Notwithstanding the foregoing, the purchaser of the Property as a result of this foreclosure action shall not be bound by any of the Debtor's duties or obligations under any contracts and/or leases described in this Exhibit “B” unless and until such purchaser elects to assume such contracts and/or leases in writing.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Court Operations Manager whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
WITNESS my hand and the seal of this Court this 14 day of December, 2011.
CHARLIE GREEN
Clerk of the Court
(SEAL) By: S. HUGHES
As Deputy Clerk
Weissman & Dervishi, P.A.
SunTrust International Center
One Southeast Third Avenue,
Suite 1980
Miami, Florida 33131
305-347-4070 (Telephone)
305-347-4077 (Facsimile)
December 23, 30, 2011 11-07342L