12-0425C

FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF
THE 20th JUDICIAL CIRCUIT,
IN AND FOR
COLLIER COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 11-2096 CA
GCCFC 2005-GC5
NORTHBROOKE PLAZA
DRIVE, LLC,a Florida limited
liability company,
Plaintiff, vs.
CH NAPLES HOTEL PARTNERS, LLC, a Delaware limited liability company, and NORTHBROOKE PLAZA COMMERCIAL
ASSOCIATION, INC., a Florida
not-for-profit corporation,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Final Judgment of Foreclosure entered on January 25, 2012 in Case No. 11-2096 CA of the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, in which GCCFC 2005-GC5 NORTHBROOKE PLAZA DRIVE, LLC, a Florida limited liability company, is the Plaintiff and the Defendants are: CH NAPLES HOTEL PARTNERS, LLC, a Delaware limited liability company, and NORTHBROOKE PLAZA COMMERCIAL ASSOCIATION, INC., a Florida not-for-profit corporation, (collectively, the “Defendants”), the Clerk will sell to the highest and best bidder for cash in the atrium on the first floor of the Courthouse Annex of the Collier County Courthouse, 3315 Tamiami Trail East, Naples, Florida 33412 at 11:00 a.m. on the 27th day of February, 2012 the following real and personal property located in Collier County, Naples, Florida:
SEE EXHIBITS “A” AND “B”
ATTACHED HERETO

EXHIBIT A
REAL PROPERTY DESCRIPTION

Tract “A”, NORTHBROOKE PLAZA, according to the plat thereof recorded in Plat Book 31, pages 65 and 66, of the public records of Collier County, Florida.

PARCEL ID #63944000022

EXHIBIT “B”
REAL PROPERTY
legal DESCRIPTION

All of Debtor's right, title and interest in and to the land described in Exhibit A (the “Premises”), and the buildings, structures, fixtures and other improvements now or hereafter located thereon (the “Improvements”); TOGETHER WITH all right, title, interest and estate of Debtor now owned, or hereafter acquired, in and to the following property, rights, interests and estates (the Premises, the Improvements, and the property, rights, interests and estates hereinafter described are collectively referred to herein as the “Mortgage Property”):

(a) all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, rights to oil, gas, minerals, coal and other substances of any kind or character, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and the Improvements; and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road, highway, alley or avenue, opened, vacated or proposed, in front of or adjoining the Premises, 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 Premises and the Improvements and every part and parcel thereof, with the appurtenances thereto;

(b) all machinery, furniture, furnishings, equipment, computer software and hardware, fixtures (including all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), inventory, materials, supplies and other articles of personal property and accessions thereof, renewals and replacements thereof and substitutions therefor (including, without limitation, beds, bureaus, chiffoniers, chests, chairs, desks, lamps, mirrors, bookcases, tables, rugs, carpeting, drapes, draperies, curtains, shades, venetian blinds, screens, paintings, hangings, pictures, divans, couches, luggage carts, luggage racks, stools, sofas, chinaware, linens, pillows, blankets, glassware, foodcarts, cookware, dry cleaning facilities, dining room wagons, keys or other entry systems, bars, bar fixtures, liquor and other drink dispensers, icemakers, radios, television sets, intercom and paging equipment, electric and electronic equipment, dictating equipment, private telephone systems, facsimile machines, medical equipment, potted plants, heating, lighting and plumbing fixtures, fire prevention and extinguishing apparatus, cooling and air-conditioning systems, elevators, escalators, fittings, plants, apparatus, stoves, ranges, refrigerators, laundry machines, tools, machinery, engines, dynamos, motors, boilers, incinerators, switchboards, conduits, compressors, vacuum cleaning systems, floor cleaning, waxing and polishing equipment, call systems, brackets, electrical signs, bulbs, bells, ash and fuel, conveyors, cabinets, lockers, shelving, spotlighting equipment, dishwashers, garbage disposals, washers and dryers), other customary hotel equipment, and other property of every kind and nature, tangible or intangible, owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter located upon the Premises or the Improvements, or appurtenance thereto, and usable in connection with the present or future operation and occupancy of the Premises and the improvements (hereinafter collectively referred to as the “Equipment”), including any leases of, deposits in connection with, and proceeds of any sale or transfer of any of the foregoing, and the right, title and interest of Debtor in and to any of the Equipment that may be subject to any “security interest” as defined in the Uniform Commercial Code, as in effect in the State where the Mortgaged Property is located (the “UCC”), superior in lien to the lien of that certain Mortgage, Assignment of Leases and Rents Security Agreement and Fixture Filing dated as of the date of closing made by Debtor, as mortgagor, for the benefit of Secured Party, as mortgagee (the “Mortgage”);

(c) all awards or payments, including interest thereon, that may heretofore or hereafter be made with respect to the Premises or the Improvements, whether from the exercise of the right of eminent domain or condemnation (including any transfer made in lieu of or in anticipation of the exercise of such right), or for a change of grade, or for any other injury to or decrease in the value of the Premises or Improvement;

(d) all leases and other agreements or arrangements heretofore or hereafter entered into effecting the use, enjoyment or occupancy of, or the conduct of any activity upon or in, the Premises or the Improvements, including any extensions, renewals, modifications or amendments thereof (hereinafter collectively referred to as the “Leases”) and all rents, rent equivalents, moneys payable as damages (including payment by reason of the rejection of a Lease in a Bankruptcy Proceeding or in lieu of rent or rent equivalents), royalties (including all oil and gas or other mineral royalties and bonuses), income, fees, receivables, receipts, revenues, deposits (including security, utility and other deposits), accounts, cash, issues, profits, charges for services rendered, all revenues and credit card receipts collected from guest rooms, restaurants, bars, meetings rooms, banquet rooms and recreational facilities, parking charges, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Debtor or its agents or employees from any and all sources arising from or attributable to the Premises and the Improvements, including all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of the Premises or the Improvements, or rendering of services by Debtor or any of its agents or employees, or rendering of services by Debtor or any operator or manager of the hotel or the commercial space located in the Improvements or acquired from others (including, without limitation, from the rental of any office space, retail space, guest rooms or other space, halls, stores, and offices, and deposits securing reservations of such space) license, lease, sublease and concession fees an rentals, health club membership fees, food and beverages wholesale and retail sales, service charges, vending machine sales, and proceeds, if any, from business interruption or other loss of income insurance (hereinafter collectively referred to as the “Rents”), together with 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 Debt;

(e) all proceeds of and any unearned premiums on any insurance policies covering the Mortgaged 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 Mortgage Property;

(f) the right, in the name and on behalf of Debtor, to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to commence any action or proceeding, to protect the interest of Secured Party in the Mortgage Property;

(g) all accounts (including reserve accounts), escrows, documents, instruments, chattel paper, claims, deposits and general intangibles, as the foregoing terms are defined in the UCC, and all franchises, trade names, trademarks, symbols, service marks, (other than to the extent such franchises, trade names, trademarks, symbols, service marks are owned by Promus Hotels, Inc., books, records, plans, specifications, designs, drawings, surveys, title insurance policies, permits, consents, licenses, management, agreements, franchise agreements, contract rights (including any contract with any architect or engineer or with any other provider of goods or services for or in connection with any construction, repair or other work upon the Mortgaged Property), approvals, actions, refunds of real estate taxes and assessments (and any other governmental impositions related to the Mortgaged Property) and causes of action that now or hereafter relate to, are derived from or are used in connection with the Mortgaged Property or the use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon (hereinafter collectively referred to as the “Intangibles”); and

(h) all proceeds, products, offspring, rents and profits from any of the foregoing, including those from sale, exchange, transfer, collection, loss, damage, disposition, substitution or replacement of any of the foregoing.
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 Mark A. Middlebrook, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (239) 252-8800, 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 this 31st day of January, 2012.
DWIGHT E. BROCK
Clerk of the Circuit Court
20th Judicial Circuit
Collier County, Florida
By: Alexis Mire
As Deputy Clerk
BILZIN, SUMBERG, BAENA
PRICE & AXELROD LLP
1450 Brickell Avenue
23rd Floor
Miami, Florida 33131-3456
Telephone: (305) 374-7580
February 10, 17, 2012 12-0425C