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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 2012-CA-03610
Division: D
U.S. BANK, NATIONAL
ASSOCIATION, as Trustee for the registered holders of Merrill Lynch Mortgage Trust 2006-C1,
Commercial Mortgage Pass-Through Certificates, Series
2006-C1, acting by and through CWCAPITAL ASSET
MANAGEMENT, LLC, in its
capacity as special servicer, Plaintiff, v.
APF WO 16, LP, a Delaware limited partnership, Defendant.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure entered by this Court on March 21, 2012, in Case No.: 2012-CA-03610 in the Circuit Court for the Thirteenth Circuit in and for Hillsborough County, Florida, in which U.S. BANK, NATIONAL ASSOCIATION, as Trustee for the registered holders of Merrill Lynch Mortgage Trust 2006-C1, Commercial Mortgage Pass-Through Certificates, Series 2006-C1, acting by and through CWCAPITAL ASSET MANAGEMENT, LLC, in its capacity as special servicer is Plaintiff, and APF WO 16, LP, a Delaware limited partnership, is the Defendant, I, Pat Frank, Clerk of the aforesaid Court, will at 2:00 p.m., on April 27, 2012, offer for sale and sell to the highest bidder for cash, on the 2nd FLOOR OF THE GEORGE E. EDGECOMB BUILDING, ROOM 201/202, located at 800 EAST TWIGGS STREET in TAMPA, FLORIDA, the following described real and personal property, situate and being in Hillsborough County, Florida to-wit:
Real property in the City of Tampa, County of Hillsborough, State of Florida, described as follows:
That part of Government Lots 1 and 2, Section 21, Township 29 South, Range 19 East, Hillsborough County, Florida, described as follows:
From the Northeast corner of Section 21, Township 29 South, Range 19 East, Hillsborough County, Florida, run thence North 89º54'45” West, 118.53 feet, along the North boundary line of said Section 21; thence South 00º05'15” West, 132.00 feet to the existing Southerly right of way line of Frank Adamo Drive (State Road 60); thence North 89º54'45” West, 543.11 feet along the Southerly right of way line of Frank Adamo Drive (State Road 60) for a point of beginning; thence South 00º05'15” West, 440.22 feet to the Northerly right of way line (limited access) of the Tampa South Crosstown Expressway; thence North 88º22'34” West, 138.68 feet, along the Northwesterly right of way line (limited access) of said Tampa South Crosstown Expressway, to the Beginning of a curve to the right; thence Northwesterly, 366.98 feet, along the curved Northeasterly right of way line (limited access) of said Tampa South Crosstown Expressway (having a radius of 1338.39 feet, a central angle of 15º42'36”, and a chord bearing and distance of North 80º31'16” West, 365.83 feet), to a point of compound curve; thence Northwesterly, 440.64 feet, long the curved Northeasterly right of way line (limited access) of said Tampa South Crosstown Expressway (being a curve to the right, having a radius of 3118.02 feet, a central angle of 08º'05'49”, a chord bearing and distance of North 68º37'03” West, 440.27 feet), to the end of said curve; thence North 64º34'08” West, 300.45 feet, along the Northeasterly right of way line (limited access) of said Tampa South Crosstown Expressway; thence North 63º25'23” west, 197.99 feet along the Northeasterly right of way line (limited access) of said Tampa South Crosstown Expressway, to the Southerly right of way line of Frank Adamo (State Road 60); thence South 89º54'45” East, 1358.50 feet, along the Southerly right of way line of Frank Adamo Drive (State Road 60), to the point of beginning. Together with beneficial easement rights created by virtue of Reciprocal Easement Agreement recorded in Official Record Book 5605, Page 481, and Official Record Book 5605, Page 489.
TOGETHER WITH
THE PERSONAL PROPERTY
Any and all assets of the Borrower, of any kind or description, tangible or intangible, whether now existing or hereafter arising or acquired, including, but not limited to:
(a) all property of, or for the account of, the Borrower now or hereafter coming into the possession, control or custody of, or in transit to, the Secured Party or any agent or bailee for the Secured Party or any parent, affiliate or subsidiary of the Secured Party or any participant with the Secured Party in the loans to the Borrower (whether for safekeeping, deposit, collection, custody, pledge, transmission or otherwise), including all earnings, dividends, interest, or other rights in connection therewith and the products and proceeds therefrom, including the proceeds of insurance thereon; and
(b) the additional property of the Borrower, whether now existing or hereafter arising or acquired, and wherever now or hereafter located, together with all additions and accessions thereto, substitutions for, and replacements, products and proceeds therefrom, and all of the Borrower's books and records and recorded data relating thereto (regardless of the medium of recording or storage), together with all of the Borrower's right, title and interest in and to all computer software required to utilize, create, maintain and process any such records or data on electronic media, identified and set forth as follows:
(i) All Accounts and all Goods whose sale, lease or other disposition by the Borrower has given rise to Accounts and have been returned to, or repossessed or stopped in transit by, the Borrower, or rejected or refused by an Account Borrower;
(ii) All Inventory, including, without limitation, raw materials, work-in-process and finished goods;
(iii) All Goods (other than Inventory), including, without limitation, embedded software, Equipment, vehicles, furniture and Fixtures;
(vi) All Software and computer programs;
(v) All Securities and Investment Property;
(vi) All Chattel Paper, Electronic Chattel Paper, Instruments, Documents, Letter of Credit Rights, all proceeds of letters of credit, Health-Care-Insurance Receivables, Supporting Obligations, notes secured by real estate, Commercial Tort Claims, contracts, licenses, permits and all other General Intangibles, including Payment Intangibles and collateral assignment of beneficial interests in land trusts;
(vii) All insurance policies and proceeds insuring the foregoing property or any part thereof, including unearned premiums; and
(viii) All operating accounts, the Loan funds, all escrows, reserves and any other monies on deposit with or for the benefit of Lender, including deposits for the payment of real estate taxes and insurance, maintenance and leasing reserves, and any cash collateral accounts, clearing house accounts, operating accounts, bank accounts of Borrower or any other Deposit Accounts of Borrower.
Capitalized words and phrases used herein and not otherwise defined herein shall have the respective meanings assigned to such terms in either: (i) Article 9 of the Uniform Commercial Code as in force in Illinois at the time the financing statement was filed by the Secured Party, or (ii) Article 9 as in force at any relevant time in Illinois, the meaning to be ascribed thereto with respect to any particular item of property shall be that under the more encompassing of the two definitions.
Said sale will be made pursuant to and in order to satisfy the terms of the Uniform Final Judgment of Foreclosure.
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 ADA Coordinator, 601 E. Kennedy Blvd., Tampa, FL 33602, (813) 276-8100, ext. 4205, 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 April 2, 2012.
PAT FRANK
Clerk of the Circuit Court
(COURT SEAL)
By: Francisco R. Hernandez
Deputy Clerk
Richard H. Martin, Esq.
Akerman Senterfitt
401 E. Jackson Street, Suite 1700 Tampa, Florida 33602
April 13, 20, 2012 12-1196H