12-0363P

FIRST INSERTION
NOTICE of sale
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO COUNTY, FLORIDA
CIVIL ACTION
CASE NO.:
51-2011-CA-2779-XXXX-WS
DIVISION: J2
Wells Fargo Bank, N.A., as
Trustee for Morgan Stanley
Capital I Inc., Commercial
Mortgage Pass-Through
Certificates, Series 2007-IQ15,
acting by and through its special
servicer, C-III Asset
Management LLC,
Plaintiff, v.
MONTECITO SUMMIT MOB, LP, a Delaware limited partnership,
MONTECITO SUMMIT MOB, GP, LLC, a Delaware limited liability company, MONTECITO MEDICAL INVESTMENT COMPANY, LLC, a Delaware limited liability company, and all parties claiming interest by, through, under or against any defendant named herein,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Summary Final Judgment entered in the above-styled case, in the Circuit Court of Pasco County, Florida, the Clerk of Pasco County will sell the real and personal property situated in Pasco County, Florida, described in Exhibits “A” and “B” attached hereto.
At the Public Sale, the Pasco County Clerk of Court shall sell the property to the highest bidder for cash, in an online sale at www.pasco.realforeclose.com, beginning at 11 a.m. in accordance with section 45.031, Florida Statutes, on February 24, 2012.
EXHIBIT A
Real Property
A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 25 SOUTH, RANGE 16 EAST, PASCO COUNTY, FLORIDA BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 25 SOUTH, RANGE 16 EAST, PASCO COUNTY, FLORIDA. THENCE, RUN S89°24'26”E, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SECTION 3, 44.93 FEET; THENCE, DEPARTING SAID SOUTHERLY BOUNDARY LINE OF SAID SECTION 3, RUN N00°35'34”E, 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD No.52 AND TO THE POINT OF BEGINNING; THENCE, RUN N43°54'49”W, 21.05 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF ZIMMERMAN ROAD; THENCE, N 01°32'15”E, ALONG SAID EASTERLY RIGHT- OF-WAY LINE, 284.98 FEET; THENCE, N89°21'53”W, 30.00 FEET TO A POINT ON THE NORTH- SOUTH CENTERLINE OF SAID SECTION 3; THENCE, N01°32'15”E, ALONG SAID NORTH-SOUTH CENTERLINE OF SAID SECTION 3, A DISTANCE OF 458.20 FEET; THENCE, DEPARTING SAID NORTH-SOUTH CENTERLINE OF SECTION 3, RUN S89°33'43”E, 80.30 FEET; THENCE, N27°27'46”E, 3.37 FEET; THENCE N03°11'41”E, 15.38 FEET; THENCE, S88°21'40”E, 140.78 FEET; THENCE N01°32'18”E, 67.81 FEET; THENCE, N88°03'13”W, 222.99 FEET TO A POINT ON SAID NORTH-SOUTH CENTERLINE OF SECTION 3; THENCE, N01°32'15”E, ALONG SAID NORTH- SOUTH CENTERLINE, A DISTANCE OF 92.44 FEET; THENCE, DEPARTING SAID NORTH-SOUTH CENTERLINE, RUN S89°30'00”E, ALONG THE SOUTHERLY BOUNDARY LINE OF BEACON WOODS VILLAGE 3-B, AS RECORDED IN PLAT BOOK 11, PAGE 42, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A DISTANCE OF 551.58 FEET; THENCE, DEPARTING SAID SOUTHERLY BOUNDARY LINE, RUN S01°33'58”W, 430.68 FEET; THENCE, N88°18'35”W, 157.27 FEET; THENCE, S01°39'16”W, 243.56 FEET; THENCE, N89°34'38”W, 59.50 FEET; THENCE N88°51'52”W, 38.67 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 14.26 FEET, AN ARC OF 3.78 FEET, A CHORD OF 3.77 FEET BEARING S80°54'41”W WITH A DELTA OF 15°12'11” TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 137.95 FEET, AN ARC OF 25.80 FEET, A CHORD OF 25.76 FEET BEARING S65°20'16”W WITH A DELTA OF 10°42'58” TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 75.28 FEET, AN ARC OF 19.18 FEET, A CHORD OF 19.13 FEET BEARING S50°46'55”W WITH A DELTA OF 14°35'50” TO A POINT OF CURVATURE OF A NON- TANGENT CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 36.28 FEET, AN ARC OF 11.98 FEET, A CHORD OF 11.92 FEET BEARING S34°01'33”W WITH A DELTA OF 18°54'54”; THENCE, S08°31'58”W, 25.80 FEET; THENCE, S07°50'52”W, 48.32 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE EAST WITH A RADIUS OF 217.09 FEET, AN ARC OF 20.63 FEET, A CHORD OF 20.62 FEET BEARING S04°01'41”W WITH A DELTA OF 05°26'43”; THENCE, S00°35'57”W, 141.70 FEET TO A POINT ON THE SAID NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD No. 52; THENCE, N89°24'26”W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 195.64 FEET BACK TO THE POINT OF BEGINNING.
TOGETHER WITH THE BENEFIT AND EASEMENTS SET FORTH IN DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS RECORDED IN O.R. BOOK 6091, PAGE 641, PUBLIC RECORDS OF PASCO COUNTY, FLORIDA.
EXHIBIT B
Personal Property
1. Borrower's interest as lessor in and to all Leases and all Rents, which are pledged primarily and on a parity with the Real Property and not secondarily.
2. All and singular the tenements, hereditaments, easements, appurtenances, passages, waters, water courses, riparian rights, direct flow, ditch, reservoir, well and other water rights, whether or not adjudicated, whether tributary or nontributary and whether evidenced by deed, water stock, permit or otherwise, sewer rights, rights in trade names, licenses, permits and contracts, and all other rights, liberties and privileges of any kind or character in any way now or hereafter appertaining to the Real Property, including but not limited to, homestead and any other claim at law or in equity as well as any after-acquired title, franchise or license and the reversion and reversions and remainder and remainders thereof.
3. All right in the case of foreclosure hereunder of the encumbered property for Noteholder to take and use the name by which the buildings and all other improvements situated on the Real Property are commonly known and the right to manage and operate the said buildings under any such name and variants thereof.
4. Together with all right, title and interest of Borrower in any and all buildings and improvements of every kind and description now or hereafter erected or placed on the said Real Property and all materials intended for construction, reconstruction, alteration and repairs of such buildings and improvements now or hereafter erected thereon, all of which materials shall be deemed to be included within the Real Property immediately upon the delivery thereof to the Real Property, and all fixtures now or hereafter owned by Borrower and attached to or contained in and used in connection with the Real Property including, but not limited to, all machinery, motors, elevators, fittings, radiators, awnings, shades, screens, and all plumbing, heating, lighting, ventilating, refrigerating, incinerating, air-conditioning and sprinkler equipment and fixtures and appurtenances thereto; and all items of furniture, furnishings, equipment and personal property owned by Borrower used or useful in the operation of the Real Property; and all renewals or replacements of all of the aforesaid property owned by Borrower or articles in substitution therefor, whether or not the same are or shall be attached to said buildings or improvements in any manner (collectively, the “Improvements”); it being mutually agreed, intended and declared that all the aforesaid property owned by Borrower and placed by it on the Real Property or used in connection with the operation or maintenance of the Real Property shall, so far as permitted by law, be deemed to form a part and parcel of the Land and for the purpose of the Mortgage (as defined in the Complaint) to be Land and covered by the Mortgage, and as to any of the property aforesaid which does not form a part and parcel of the Real Property or does not constitute a “fixture” (as such term is defined in the Uniform Commercial Code (“UCC”)), the Mortgage and the other Loan Documents (as defined in the Complaint) [the terms of which grant a security interest in Personal Property or Real Property, the proceeds of which may become personal property] are each hereby deemed to be, as well, a security agreement under the UCC for the purpose of creating a security interest in all items, including, but not limited to all property and rights which Borrower may grant, assign, bargain, sell, transfer, set over, delivery, or otherwise convey to Noteholder, as secured party, under the terms of the Mortgage or any of the other Loan Documents, including any and all proceeds thereof (as used herein, Borrower shall mean “Debtor” under the UCC and Noteholder shall mean “Secured Party” under the UCC).
5. All right, title and interest of Borrower, now or hereafter acquired, in and to any and all strips and gores of land adjacent to and used in connection with the Real Property and all right, title and interest of Borrower, now owned or hereafter acquired, in, to, over and under the ways, streets, sidewalks and alleys adjoining the Real Property.
6. All funds now or hereafter held by Noteholder under any property reserves agreement (including any proceeds derived from any letter of credit) or escrow security agreement or under any of the terms hereof or of the Loan Documents, including but not limited to funds held under the provisions of the Loan Agreement (as defined in the Complaint).
7. All of Borrower's payment intangibles, letter of credit rights, interest rate cap agreements, tenant in common agreement rights, and any other contract rights of Borrower related in any manner to the ownership, operation, or management of the Real Property, as well as any and all supporting obligations, and all proceeds, renewals, replacements and substitutions thereof.
8. All funds, accounts and proceeds thereof relating to the Real Property whether or not such funds, accounts or proceeds thereof are held by Noteholder under the terms of any of the Loan Documents, including, but not limited to bankruptcy claims of Borrower against any tenant at the Real Property, and any proceeds thereof; proceeds of any Rents, insurance proceeds from all insurance policies required to be maintained by Borrower under the Loan Documents and all awards, decrees, proceeds, settlements or claims for damage now or hereafter made to or for the benefit of Borrower by reason of any damage to, destruction of or taking of the Real Property or any part thereof, whether the same shall be made by reason of the exercise of the right of eminent domain or by condemnation or otherwise (a “Taking”).
9. All leases, tenancies, rental arrangements, subleases, and guarantees of the performance or obligations of any tenants thereunder affecting the Real Property, or any part thereof, now existing or which may be executed at any time in the future during the life of the Assignment of Rents (as defined in the Complaint), and all amendments, extensions and renewals of said leases, subleases, and guarantees and any of them, and all rents or other income or payments, regardless of type or source of payment (including but not limited to common area maintenance charges, lease termination payments, purchase option payments, refunds of any type, prepayment of rents, settlements of litigation or settlements of past due rents) which may now or hereafter be or become due or owing under the Leases, and any of them, or on account of the use of the Real Property.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THIS SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
In accordance with the Americans With Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact Dade City (352) 521-4274, Ext. 8110; New Port Richey (727) 847-8100; TDD 1-800-955-8771 via Florida Relay Service; no later than seven (7) days prior to any proceeding.
Jason Sampson, Esq.
Squire, Sanders
& Dempsey (US) LLP
201 N. Franklin Street, Suite 2100
Tampa, Florida 33602
Counsel for Plaintiff
February 3, 10, 2012 12-0363P