11-04797L

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT
OF THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
GENERAL CIVIL DIVISION
CASE NO.: 11-CA-51351
GECME 2006-C1 UNIVERSITY DRIVE, LLC,a Florida limited
liability company,
Plaintiff, v.
W2007 EQI FORT MYERS
PARTNERSHIP L.P., a
Tennessee limited partnership,
f/k/a EQI Fort Myers Partnership,
L.P., a Tennessee limited
partnership, and ENN LEASING COMPANY, INC., a Tennessee corporation,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Consent Final Judgment of Foreclosure entered on June 29, 2011 in Case No. 11-CA-51351 of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, in which GECME 2006-C! UNIVERSITY DRIVE, LLC, is the Plaintiff and W2007 EQI FORT MYERS PARTNERSHIP L.P., ENN LEASING COMPANY,INC., and EQI Fort Myers Partnership, L.P, are the Defendants. The Clerk will sell to the highest and best bidder for cash by electronic sale at www.lee.realforeclose.com, the Clerk's website for on-line foreclosure auctions, in accordance with Florida Statutes §45.031(10) on July 29, 2011 beginning at 9:00 a.m. The following real and personal property, located in Lee County, Florida:
SEE EXHIBITS “A” AND “B”
ATTACHED HERETO

EXHIBIT “A”
REAL PROPERTY LEGAL
DESCRIPTION
Parcel 1:

Lot 2 of UNIVERSITY COMMONS, according to the Plat recorded November 28, 2000 in Plat Book 67, pages 48 and 49, of the public records of Lee County, Florida.

Parcel 2:

TOGETHER WITH easements granted in Plat recorded November 28, 2000 in Plat Book 67, Page 48 and 49, in the public records of Lee County, Florida.

Parcel 3:

TOGETHER WITH easements granted in Declaration of Covenants, Conditions and Restriction of University Commons recorded November 28, 2000 in Official Records Book 3331, Page 4063, in the public records of Lee County, Florida.

EXHIBIT “B”

PERSONAL PROPERTY DESCRIPTION

(a) all buildings, structures and other improvements, now or at any time situated, placed or constructed upon the Land (the “Improvements”);

(b) all the estate, right, title, claim or demand whatsoever of Debtor either in law or in equity, in possession or expectancy of, in, and to the Mortgaged Property or any part thereof;

(c) all materials, supplies, equipment, apparatus and other items of personal property now owned or hereafter acquired by Debtor and now or hereafter attached to, installed in or used in connection with any of the Improvements or the Land, and water, gas, electrical, storm and sanitary sewer facilities and all other utilities, now owned or hereafter acquired by Debtor, whether or not situated in easements (the “Fixtures”);

(d) all right, title and interest of Debtor in and to all goods, accounts, general intangibles, investment property, instruments, letters of credit, letter-of-credit rights, deposit accounts, documents, chattel paper and all other personal property of any kind or character, including such items of personal property as presently or hereafter defined in the UCC, now owned or hereafter acquired by Debtor and now or hereafter affixed to, placed upon, used in connection with, arising from or otherwise related to the Land and Improvements or which may be used in or relating to the planning, development, financing or operation of the Mortgaged Property, including, without limitation, furniture, furnishings, inventory and articles of personal property and accessions thereof and renewals, replacements thereof and substitutions therefor, if any (including, but not limited to, beds, bureaus, chiffoniers, 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, foodcarts, cookware, dry cleaning facilities, dining room wagons, keys or other entry systems, bars, bar fixtures, liquor and other drink dispensers, icemakers, radios, television sets, cable t.v. equipment, intercom and paging equipment, electric and electronic equipment, dictating equipment, private telephone systems, medical equipment, potted plants, heating, lighting and plumbing fixtures, fire prevention and extinguishing apparatus, cooling and air-conditioning systems, elevators, escalators, fittings, plants, apparatus, stoves, ranges, refrigerators, cutlery and dishes, laundry machines,tools, machinery, engines, dynamos, motors, boilers, incinerators, switchboards, conduits, compressors, vacuum cleaning systems, floor cleaning, waxing and polishing equipment, call systems, brackets, electrical signs, bulbs, bells, ash and fuel, conveyors, cabinets, lockers, shelving, spotlighting equipment, dishwashers, garbage disposals, washers and dryers), other customary hotel equipment, machinery, money, insurance proceeds (whether derived from insurance required under the Loan Documents or otherwise), property tax refunds or rebates, accounts, contract rights, software, trademarks, goodwill, promissory notes, electronic and tangible chattel paper, payment intangibles, documents, trade names, licenses and/or franchise agreements, rights of Debtor under leases of Fixtures or other personal property or equipment, inventory, all refundable, returnable or reimbursable fees, deposits or other funds or evidences of credit or indebtedness deposited by or on behalf of Debtor with any governmental authorities, boards, corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable or reimbursable tap fees, utility deposits, commitment fees and development costs, and commercial tort claims arising from the development, construction, use, occupancy, operation, maintenance, enjoyment, acquisition or ownership of the Land, Improvements, and Fixtures (the “Personalty”);

(e) all reserves, escrows or impounds required under the Loan Agreement and all deposit accounts (including accounts holding security deposits) maintained by Borrower with respect to the Land, Improvements and Personalty;

(f) all plans, specifications, shop drawings and other technical descriptions prepared for construction, repair or alteration of the Improvements, and all amendments and modifications thereof (the “Plans”);

(g) all leases, subleases, licenses, concessions, occupancy agreements, rental contracts, or other agreements (written or oral) now or hereafter existing relating to the use or occupancy of all or any part of the Land, Improvements, and Personalty, together with all guarantees, letters of credit and other credit support, modifications, extensions and renewals thereof (whether before or after the filling by or against Debtor of any petition of relief under 11 U.S.C. § 101 et. Seq., as same may be amended from time to time (the “Bankruptcy Code”)) and all related security and other deposits (the “Leases”) and all of Debtor's claims and rights (the “Bankruptcy Claims”) to the payment of damages arising from any rejection by a lessee of any Lease under the Bankruptcy Code;

(h) of the rents, revenues, issues, income, proceeds, profit, and all other payments of any kind under the Leases for using, leasing, licensing, possessing, operating from, residing in, selling or otherwise enjoying the Land, Improvements and Personalty whether paid or accruing before or after the filing by or against Debtor of any petition for relief under the Bankruptcy Code, including, without limitation, all income, receipts, revenues and credit card receipts collected from guest rooms, restaurants, bars, meeting rooms, banquet rooms, equipment rental, recreational facilities, telephone and television systems, guest laundry, the provision or sale of other goods and services, 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, interest on security, tax, insurance and other escrow deposits, and any other items of revenue, receipts or other income as identified in the Uniform System of Accounts for Hotels, 8th Edition, International Association of Hospitality Accounts (1986), as from time to time amended, whether the foregoing are now or hereafter existing, all substitutions therefore and all proceeds thereof, whether cash or non-cash, movable or immovable, tangible or intangible and all proceeds, if any, from business interruption or other loss of income insurance (the “Rents”);

(i) all other agreements, such as construction contracts, architects' agreements, engineers' contracts, utility contracts, maintenance agreements, franchise agreements, management agreements, service contracts, supply contracts, operating contracts, permits (including building and occupancy permits), approvals, licenses (including, to the extent permitted by applicable law liquor and other alcoholic beverage licenses), certificates and entitlements in any way relating to the development, construction, use, occupancy, operation, maintenance, enjoyment, acquisition or ownership of the Mortgaged Property (the “Property Agreements”), unless prohibited by law;

(j) all rights, privileges, tenements, hereditaments, rights-of-way, easements, appendages and appurtenances appertaining to the foregoing, and all right, title and interest, if any, of Debtor in and to any streets, ways, alleys, strips or gores of land adjoining the Land or any part thereof;

(k) all accessions, replacements and substitutions for any of the foregoing and all proceeds thereof;

(l) all insurance policies (regardless of whether required by Secured Party), unearned premiums therefor and proceeds from such policies covering any of the above property now or hereafter acquired by Debtor;

(m) all mineral, water, oil and gas rights now or hereafter acquired and relating to all or any part of the Mortgaged Property;

(n) all of Debtor's right, title and interest in and to tradenames, trademarks, service marks, logos, copyrights, goodwill, books and records, signage agreements, and all other general intangibles relating to or used in connection with the operation of the Mortgaged Property;

(o) all of Debtor's right, title and interest in the Operating Lease, Franchise Agreement, and Management Agreement; and

(p) all of Debtor's right, title and interest in and to any awards, remunerations, reimbursements, settlements or compensation heretofore made or hereafter to be made by any governmental authority pertaining to the Land, Improvements, Fixtures or Personalty.

As used in the Schedule of Collateral, the term “Mortgaged Property” shall mean all or, where the context permits or requires, any portion of the above or any interest therein.

Any capitalized terms not otherwise defined herein are defined in that certain Loan Agreement executed by Debtor and Secured Party.
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.
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.
Dated this 8 day of July, 2011.
CHARLIE GREEN
Clerk of the Circuit Court
By: M. Parker
Deputy Clerk
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Ave., Ste. 2300
Miami, FL 33131-3456
305-374-7580
July 15, 22, 2011 11-04797L