11-4458W

NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO. 2010-CA- 23947-O
Complex Business Litigation Section Division 43
WELLS FARGO BANK, N.A. (F/K/A WELLS FARGO BANK MINNESOTA, N.A.), AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2003-C3, AND BANK OF AMERICA, N.A. (AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION), AS TRUSTEE FOR THE REGISTERED HOLDERS OF MEZZ CAP COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-C1, BOTH ACTING BY AND THROUGH ITS SPECIAL SERVICER, C-III ASSET MANAGEMENT, LLC,
Plaintiff, vs.
100 EAST PINE STREET, LLC, a Delaware limited liability company; et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure dated October 5, 2011 entered in Case No. 2010-CA-23947-O, in the Circuit Court of the 9th Judicial Circuit in and for Orange County, Florida, wherein WELLS FARGO BANK, N.A. (F/K/A WELLS FARGO BANK MINNESOTA, N.A.), AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2003-C3, -AND- BANK OF AMERICA, N.A. (AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION), AS TRUSTEE FOR THE REGISTERED HOLDERS OF MEZZ CAP COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-C1, BOTH ACTING BY AND THROUGH ITS SPECIAL SERVICER, C-III ASSET MANAGEMENT, LLC, are the Plaintiffs, and 100 EAST PINE STREET, LLC, a Delaware limited liability company; STATE OF FLORIDA DEPARTMENT OF REVENUE; and CAMERON B. KUHN, are the Defendants, I will sell to the highest and best bidder for cash except as set forth hereinafter, on December 9, 2011, at 11:00 a.m., at the Clerk's website for on-line auctions via the Internet at www. myorangeclerk.realforeclose.com, the following described property situated in Orange County, as set forth in said Final Judgment, to wit:
SEE COMPOSITE EXHIBIT “A” and EXHIBIT “A-1”
ATTACHED HERETO AND MADE A PART HEREOF.
COMPOSITE EXHIBIT “A”
Mortgaged Property
All of Borrower's estate, right, title and interest in, to and under any and all of the following described property, whether now owned or hereafter acquired (collectively, the “Mortgaged Property”):
(a) All that certain real property situated in the County of Orange, State of Florida, more particularly described on Exhibit A-1 attached hereto and incorporated herein by this reference (the “Land”), together with all of the easements, rights, privileges, franchises, tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in any way appertaining thereto, and all of the estate, right, title, interest, claim and demand whatsoever of Borrower therein or thereto, either at law or in equity, in possession or in expectancy, now owned or hereafter acquired;
(b) All structures, buildings and improvements of every kind and description now or at any time hereafter located or placed on the Land (the “Improvements”);
(c) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, and other emblements now or hereafter located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in any way belonging, relating or appertaining to the Mortgaged Property or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Borrower;
(d) All furniture, furnishings, fixtures, goods, equipment, inventory or personal property owned by Borrower and now or hereafter located on, attached to or used in or about the Improvements, including, but not limited to, all machines, engines, boilers, dynamos, elevators, stokers, tanks, cabinets, awnings, screens, shades, blinds, carpets, draperies, lawn mowers, and all appliances, plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposal and incinerating equipment, and all fixtures and appurtenances thereto, and such other goods and chattels and personal property owned by Borrower as are now or hereafter used or furnished in operating the Improvements, or the activities conducted therein, and all building materials and equipment hereafter situated on or about the Land or Improvements, and all warranties and guaranties relating thereto, and all additions thereto and substitutions and replacements therefor (exclusive of any of the foregoing owned or leased by tenants of space in the Improvements);
(e) All water, water courses, ditches, wells, reservoirs and drains and all water, ditch, well, reservoir and drainage rights and powers which are appurtenant to, located on, under or above or used in connection with the Land or the Improvements, or any part thereof, together with (i) all utilities, utility lines, utility commitments, utility capacity, capital recovery charges, impact fees and other fees paid in connection with same, (ii) reimbursements or other rights pertaining to utility or utility services provided to the Land and/or Improvements and (iii) the present or future use or availability of waste water capacity, or other utility facilities to the extent same pertain to or benefit the Land and/or Improvements, including, without limitation, all reservations of or commitments or letters covering any such use in the future, whether now existing or hereafter created or acquired;
(f) All minerals, crops, timber, trees, shrubs, flowers and landscaping features now or hereafter located on, under or above the Land;
(g) All cash funds, deposit accounts and other rights and evidence of rights to cash, now or hereafter created or held by Lender pursuant to the Mortgage or any other of the Loan Documents, including, without limitation, all funds now or hereafter on deposit in the Reserves defined in the Mortgage;
(h) All leases, licenses, tenancies, concessions and occupancy agreements of the Land or the Improvements now or hereafter entered into and all rents, royalties, issues, profits, bonus money, revenue, income, rights and other benefits (collectively, the “Rents” or “Rents and Profits”) of the Land, the Improvements, or the fixtures or equipment, now or hereafter arising from the use or enjoyment of all or any portion thereof or from any present or future lease (including without limitation, oil, gas and mineral leases), license, tenancy, concession, occupancy agreement or other agreement pertaining thereto or arising from any of the Contracts (as hereinafter defined) or any of the General Intangibles (as hereinafter defined) and all cash or securities (the “Security Deposits”) that secure performance by the tenants, lessees or licensees, as applicable, of their obligations under any such leases, licenses, concessions or occupancy agreements, whether said cash or securities are to be held until the expiration of the terms of said leases, licenses, concessions or occupancy agreements or applied to one or more of the installments of rent coming due prior to the expiration of said terms, subject, however, to the provisions contained in Section 1.11 of the Mortgage;
(i) All contracts and agreements now or hereafter entered into covering any part of the Land or the Improvements (collectively, the “Contracts”) and all revenue, income and other benefits thereof, including, without limitation, management agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Land or the Improvements (including plans, specifications, studies, drawings, surveys, tests, operating and other reports, bonds and governmental approvals) or to the management or operation of any part of the Land or the Improvements;
(j) All present and future monetary deposits given to any public or private utility with respect to utility services furnished to any part of the Land or the Improvements;
(k) All present and future funds, accounts, instruments (including, without limitation, promissory notes), investment property, letter-of-credit rights, letters of credit, money, supporting obligations, accounts receivable, documents, causes of action, claims, general intangibles (including, without limitation, payment intangibles and software, trademarks, trade names, servicemarks and symbols now or hereafter used in connection with any part of the Land or the Improvements, all names by which the Land or the Improvements may be operated or known, all rights to carry on business under such names, and all rights, interest and privileges which Borrower has or may have as developer or declarant under any covenants, restrictions or declarations now or hereafter relating to the Land or the Improvements) and all notes or chattel paper (whether tangible or electronic) now or hereafter arising from or by virtue of any transactions related to the Land or the Improvements (collectively, the “General Intangibles”);
(l) All water taps, sewer taps, certificates of occupancy, permits, special permits, uses, licenses, franchises, certificates, consents, approvals and other rights and privileges now or hereafter obtained in connection with the Land or the Improvements and all present and future warranties and guaranties relating to the Improvements or to any equipment, fixtures, furniture, furnishings, personal property or components of any of the foregoing now or hereafter located or installed on the Land or the Improvements;
(m) All building materials, supplies and equipment now or hereafter placed on the Land or in the Improvements and all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Land or the Improvements;
(n) All right, title and interest of Borrower in any insurance policies or binders now or hereafter relating to the Mortgaged Property including any unearned premiums thereon;
(o) All proceeds, products, substitutions and accessions (including claims and demands therefor) of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, proceeds of insurance and condemnation awards; and
(p) All other or greater rights and interests of every nature in the Land or the Improvements and in the possession or use thereof and income therefrom, whether now owned or hereafter acquired by Borrower.
As used in this Exhibit, “Borrower” refers to Defendant, 100 EAST PINE STREET, LLC, a Delaware limited liability company.
Exhibit “A-1”
Legal Description
Lot 1, THE BAPTIST SUBDIVISION, A REPLAT, according to the Plat thereof, as recorded in Plat Book 17, Page 65, of the Public Records of Orange County, Florida.
TOGETHER with Easement Rights contained in the Easement Agreement by and between The First Baptist Church of Orlando, Inc., and Orange County, Florida, recorded May 30, 1986 in Official Records Book 3791, Page 2672, of the Public Records of Orange County, Florida.
PROPERTY ADDRESS: 100 East Pine Street, Orlando, Florida 32801
PARCEL ID NO. 26-22-29-1420-00-010
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.
REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES
“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 North Orange Avenue, Suite 510, Orlando, FL, Telephone (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 October 13th, 2011.
LYDIA GARDNER, CLERK OF COURT
ORANGE COUNTY, FLORIDA
By: Lee D. Mackson
Florida Bar No. 435929
SHUTTS & BOWEN LLP
Attorneys for Plaintiff
1500 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
Telephone: (305) 358 6300
November 10, 17, 2011 11-4458W