11-06454L

SECOND AMENDED NOTICE
OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT,
IN AND FOR LEE COUNTY, FLORIDA
CASE NO.: 10-CA-053591
HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for the Certificate Holders of Morgan Stanley Capital I, Inc., Commercial Mortgage Pass-Through
Certificates, Series 2006-HQ9,
Plaintiff, vs.
INTERFACE FORT MYERS, LLC; a Florida limited liability company,
Defendant(s).
NOTICE is hereby given that pursuant to the Final Judgment of Foreclosure entered in this cause on August 11, 2011, pending in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, Case No.: 10-CA-053591, the Clerk will offer for sale, the real and personal property situated in said County, described as:
SEE ATTACHED EXHIBIT A
EXHIBIT A
Real and Personal Property Description

As used herein, “Debtor” shall mean Interface Fort Myers, LLC, a Florida limited liability company.
1. The real property described in Schedule A attached hereto and made a part hereof (the “Land”).

2. All additional lands, estates and development rights hereafter acquired by Debtor for use in connection with the Land and the development of the Land 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 the Security Instrument (as defined below);

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

4. 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 Debtor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;

5. All machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Debtor, or in which Debtor 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 operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Debtor, or in which Debtor 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 operation and occupancy of the Land and the Improvements (collectively, the “Personal Property”), and the right, title and interest of Debtor in and to any of the Personal Property 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, superior in lien to the lien of the Security Instrument and all proceeds and products of the above;

6. All leases, subleases and other agreements affecting the use, enjoyment or occupancy of the Land and/or the Improvements heretofore or hereafter entered into and all extensions, amendments and modifications thereto, whether before or after the filing by or against Debtor 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”) (the “leases”) and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, revenues, issues and profits (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 of any petition for relief under the bankruptcy code (the “rents”) and 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 indebtedness secured by the Security Instrument;

7. 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. 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;

9. 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;

10. 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;

11. The right, in the name and on behalf of Debtor, 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 interest of secured party in the Property;

12. All agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications 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 Land and any part thereof and any Improvements or respecting any business or activity conducted on the Land and any part thereof and all right, title and interest of Debtor therein and thereunder, including, without limitation, the right, upon the occurrence and during the continuance of an event of default (as defined in the Security Instrument), or any other document executed in connection therewith, to receive and collect any sums payable to Debtor thereunder; and

13. 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.

SCHEDULE “A”
LEGAL DESCRIPTION,
In re: Norris Furniture & Interiors, Ft. Myers, FL

Parcel 1

A tract or parcel of land lying in the North half of the North half of Section 25, Township 45 South, Range 24 East, Lee County, Florida, which tract or parcel is described as follows:

From the Northwest corner of said Section run N 89°09'50” E along the North line of said Section for 83.56 feet to a point on the Easterly line of Tamiami Trail (State Road No. 45); thence run S 00°30'00” E along said East line, parallel with and 83 feet Easterly (as measured on a perpendicular) from the centerline of said State Road, for 930 feet to the Point of Beginning of the herein described parcel.

From said Point of Beginning, continue S 00°30'00” E along said Easterly line for 200 feet; thence run N 89°09'50” E, parallel with said section line, for 600 feet; thence run N 00°30'00” W, parallel with the Easterly line of said Tamiami Trail for 200 feet; thence run S 89°09'60” W, parallel with said section line for 600 feet to the Point of Beginning.

Bearings hereinabove mentioned are calculated from the centerline survey of said State Road 45.

Parcel 2

A tract or parcel of land lying in the North half of the North half of Section 25, Township 45 South, Range 24 East, Lee County, Florida, which tract or parcel is described as follows:

From the Northwest corner of said section run N 89°09'50” E along the North line of said Section for 83.56 feet to a point on the Easterly line of the Tamiami Trail (State Road No. 45); thence run S 00°30'00” E along said East line, parallel with and 83 feet Easterly (as measured on a perpendicular) from the centerline of said State Road, for 780 feet to the Point of Beginning of the herein described parcel.

From said Point of Beginning, continue S 00°30'00” E along said Easterly line for 150 feet; thence run N 89°09'50” E, parallel with said section line, for 600 feet; thence run N 00°30'00” W, parallel with the Easterly line of said Tamiami Trail for 150 feet; thence run S 89°09'50” W, parallel with said section line for 600 feet to the Point of Beginning.

Bearings hereinabove mentioned are calculated from the centerline survey of said State Road No. 45.

ORLDOCS 12310284 1
at public sale to the highest and best bidder for cash on the 21st day of November, 2011, at 9:00 a.m., in an online sale via the Internet at www.lee.realforeclose.com in accordance with 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 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.
October 20, 2011
CHARLIE GREEN
CLERK OF COURT
(SEAL) By: K. Dix
Deputy Clerk
Michael L. Gore, Esquire
SHUTTS & BOWEN LLP
300 S. Orange Ave., Suite 1000
Orlando, FL 32801
Attorneys for Plaintiff
Oct, 28; Nov. 4, 2011 11-06454L