11-4277W

NOTICE OF SALE
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, STATE OF FLORIDA
CIVIL ACTION
CASE NO. 2009-CA-032015-O
DIVISION 43A
MIRABELLA SYNDICATED HOLDINGS, LLC, a Delaware limited liability company, as successor by assignment from BANK OF AMERICA, N.A., successor by merger to LaSalle Bank National Association, as a Lending Bank and as Agent,
Plaintiff, vs.
MCZ/CENTRUM FLORIDA VIII, L.L.C., an Illinois limited liability company, CORAL
HOSPITALITY, L.L.C., a Florida limited liability company, MIRABELLA AT WORLD GATEWAY CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation, WORLD GATEWAY PROPERTY OWNERS ASSOCIATION, INC. f/k/a THE GREENE PROJECT PROPERTY OWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation, MCZ/CENTRUM
FLORIDA XVII, L.L.C., an Illinois limited liability company, MCZ/CENTRUM FLORIDA XIV, L.L.C., an Illinois limited liability company, and MCZ/ CENTRUM FLORIDA XV, L.L.C., an Illinois limited liability company,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Summary Final Judgment of Foreclosure entered in the above-styled cause in the Circuit Court of Orange County, Florida, the Clerk of the Circuit Court will sell the following property situated in Orange County, Florida, described as:
SEE “EXHIBIT A” ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF AS IF SPECIFICALLY SET FORTH HEREIN,
MIRABELLA CONDOMINIUM
[November 15, 2010]
PARCEL A AND PARCEL B, DESCRIBED BELOW:
PARCEL A:
All of MIRABELLA, A CONDOMINIUM, according to the Declaration of Condominium recorded January 16, 2007 in Official Records Book 9064, at page 3388, of the public records of Orange County, Florida;
LESS AND EXCEPT the following units, together with an undivided interest in the common elements appurtenant thereto as set forth in said Declaration of Condominium:
Units 106, 107, 201, 202, 204, 206 and 207 in Building 1;
Units 106, 107, 201, 204 and 206 in Building 2;
Units 105, 106, 107, 201, 202, 204, 205, 206 and 207 in Building; 3;
Units 103, 104, 106, 201, 202, 203, 204, 205, 208, 302, 303, 304 and 308 in Building 4;
Units 106, 108, 201, 202, 203, 205, 206, 208, 301, 303, 305 and 308 in Building; 5;
Units 103, 108, 202, 203, 207, 301, 302, 303 and 305 in Building 6;
Units 101, 103, 108, 201, 202, 203, 206, 207, 302 and 305 in Building; 7;
Units 106, 107, 201, 202, 204, 205, 206 and 207 in Building 8;
Units 103, 108, 201, 202, 203, 207, 208, 301, 302, 303 and 305 in Building 9;
Units 101, 103, 106, 108, 202, 203, 205, 301, 302, 303 and 305 in Building 10;
Units 105, 106, 107, 202, 203, 204, 205, 206 and 207 in Building 11;
Units 105, 106, 107, 201, 202, 206 and 207 in Building 12;
Units 105, 106, 107, 202, 203, 204, 205 and 206 in Building 13;
Units 102, 103, 105, 107, 202, and 204 in Building 14;
Units 103, 106, 107, 108, 202, 203, 204, 206, 207, 208, 301, 304, 307 and 308 in Building 15;
Units 106, 107, 201, 205, 206 and 207 in Building 16;
Units 105, 106, 107, 201, 203, 204, 205, 206 and 207 in Building 17;
Units 105, 106, 107, 201, 202, 204, 205, 206 and 207 in Building 18;
Units 101, 103, 104, 106, 108, 201, 202, 203, 204, 205, 206, 207, 208, 301, 303, 304, 305 and 307 in Building 19; and
Units 101, 105, 106 and 206 in Building 20;
SAID PARCEL A ALSO DESCRIBED AS:
The following Units of MIRABELLA, A CONDOMINIUM, according to the Declaration of Condominium recorded January 16, 2007 in Official Records Book 9064, at page 3388, of the public records of Orange County, Florida, together with an undivided interest in the common elements appurtenant thereto as set forth in said Declaration of Condominium:
Units 105, 203 and 205 in Building 1;
Units 105, 202, 203, 205 and 207 in Building 2;
Unit 203 in Building; 3;
Units 101, 107, 108, 206, 207, 301, 305, 306 and 307 in Building 4;
Units 101, 103, 104, 107, 204, 207, 302, 304, 306 and 307 in Building; 5;
Units 101, 104, 106, 107, 201, 204, 205, 206, 208, 304, 306, 307 and 308 in Building 6;
Units 104, 106, 107, 204, 205, 208, 301, 303, 304, 306, 307 and 308 in Building; 7;
Units 105 and 203 in Building 8;
Units 101, 104, 106, 107, 204, 205, 206, 304, 306, 307 and 308 in Building 9;
Units 104, 107, 201, 204, 206, 207, 208, 304, 306, 307 and 308 in Building 10;
Unit 201 in Building 11;
Units 203, 204 and 205 in Building 12;
Units 201 and 207 in Building 13;
Units 101, 104, 106, 201, 203, 205, 206 and 207 in Building 14;
Units 101, 104, 201, 205, 302, 303, 305 and 306 in Building 15;
Units 105, 202, 203 and 204 in Building 16;
Unit 202 in Building 17;
Unit 203 in Building 18;
Units 107, 302, 306 and 308 in Building 19; and
Units 102, 103, 104, 107, 201, 202, 203, 204, 205 and 207 in Building 20;
PARCEL B:
Non-exclusive easement for ingress and egress together with utilities on and along Tract D (Satay Drive), World Gateway Phase 3, according to the plat thereof as recorded in Plat Book 46, pages 10, 11 and 12, of the public records of Orange County, Florida.
PARCEL C:
Easement rights granted by Grant of Signage Easement dated December 29, 2000, and recorded in Official Records Book 6161, beginning at page 5064, public records of Orange County, Florida, granting easement rights for signage as described on the property described in said agreement as the “Burdened Property.”
PARCEL D:
A non-exclusive temporary easement on, across, under, upon and through certain property adjacent to the property described as Parcel 1 above, for ingress, egress, drainage, utilities and road right of way purposes, all as more particularly described in the instrument recorded in Official Records Book 6161, page 5047, of the public records of Orange County, Florida, and subject to its terms, provisions and conditions.
PARCEL E:
Those certain easements created in Article VI of the Declaration of Covenants, Conditions, and Restrictions for The Greene Project Orange County, Florida, filed January 12, 1995 in Official Records Book 4843, page 1448; Supplemental Declaration filed June 5, 1997 in Official Records Book 5266, page 4882, and filed September 17, 1997 in Official Records Book 5328, page 1945; First Amendment filed November 26, 1997 in Official Records Book 5371, page 1159; Supplemental Declaration filed in Official Records Book 5816, page 4379; Second Amendment filed in Official Records Book 5847, page 3397; Third Amendment filed in Official Records Book 6600, page 2868; and Fourth Amendment filed in Official Records Book 7656, page 3988, all of the public records of Orange County, Florida.
AND TOGETHER WITH ALL OF THE FOLLOWING:
All personal property of every nature whatsoever on September 30, 2005 (the “Origination Date”), or thereafter owned by MCZ Centrum Florida VIII, L.L.C. (“Borrower”), and located on, or used in connection with, the real estate legally described above on this Exhibit A (the “Real Estate”) or the improvements thereon, including all extensions, additions, improvements, betterments, renewals, substitutions and replacements thereof and all of the right, title and interest of Borrower in and to any such personal property together with the benefit of any deposits or payments on the Origination Date or thereafter made on such personal property by Borrower or on its behalf;
Any and all rents, revenues, issues, profits, proceeds, income, royalties, accounts including health-care insurance receivables. escrows, reserves, impounds, security deposits and other rights to monies now owned or hereafter acquired and arising from or out of the Real Estate and/or the businesses and operations conducted by Borrower thereon;
All fixtures and articles of personal property on the Origination Date or thereafter owned by Borrower and forming a part of or used in connection with the Real Estate or the improvements thereon, including, but without limitation, any and all air conditioners, antennae, appliances, apparatus, awnings, basins, bathtubs, bidets, boilers, bookcases, cabinets, carpets, coolers, curtains, dehumidifies, disposals, doors, drapes, dryers, ducts, dynamos, elevators, engines, equipment, escalators, exercise equipment, fans, fittings, floor coverings, furnaces, furnishings, furniture, hardware, heaters, humidifiers, incinerators, lighting, machinery, motors, ovens, pipes, plumbing, pumps, radiators, ranges, recreational facilities, refrigerators, screens, security systems, shades, shelving, sinks, sprinklers, stokers, stoves, toilets, ventilators, wall coverings, washers, windows, window coverings, wiring, and all renewals or replacements thereof or articles in substitution therefor;
All proceeds of the foregoing, including, without limitation, all judgments, awards of damages and settlements hereafter made resulting from condemnation proceeds or the taking of the Real Estate or improvements thereon or any portion thereof under the power of eminent domain, any proceeds of any policies of insurance maintained with respect to the Real Estate or improvements thereon or proceeds of any sale that has closed;
Any and all other personal property of any kind, nature or description, whether tangible or intangible, (including without limitation, any and all residential tenant leases, goods, permits, money, equipment, deposit accounts, documents, investment property, instruments and letter-of-credit rights) of Borrower relating to or used in connection with the operation or maintenance of the Real Estate, whether now owned or hereafter acquired, or in which Borrower now has or shall hereafter acquire any right, title or interest whatsoever; but excluding from this definition of personal property the following: general intangibles, contract rights, including without limitation contract rights under or pursuant to sales contracts or management agreements and contracts or leases for equipment, cable or other personalty.
Any and all additions and accessories to all of the foregoing and any and all proceeds (including proceeds of insurance, eminent domain or other governmental takings and tort claims), renewals, replacements and substitutions of all of the foregoing;
All of the books and records pertaining to the foregoing.
at public sale, to the highest and best bidder, for cash, at 11:00 a.m., or as soon as possible thereafter, on December 2, 2011, via Internet at www.myorangeclerk.realforeclose.com, after having first given notice as required by Section 45.031, Florida Statutes. .
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 SIXTY (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 ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, 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 on August 19, 2011.
ALICE R. HUNEYCUTT, ESQ.
Florida Bar No. 293105
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.
Suntrust Financial Centre, Suite 2200
Post Office Box 3299
Tampa, Florida 33601
Telephone: (813) 223-4800
Attorneys for Plaintiff
November 3, 10, 2010 11-4277W