12-0085M

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 41 2011 CA 06881
Division B
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, N.A., AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR THE REGISTERED HOLDERS OF MORGAN STANLEY CAPITAL I INC., COMMERCIAL MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005-HQ6, ACTING BY AND THROUGH CWCAPITAL ASSET MANAGEMENT, LLC, IN ITS CAPACITY AS SPECIAL SERVICER,
Plaintiff, v.
MANATEE WEST SHOPPING CENTER, LLC,
Defendant.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure entered by this Court on December 21, 2011, in Case No.: 2011-CA-006881, in the Circuit Court for the Twelfth Judicial Circuit in and for Manatee County, Florida, in which U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, N.A., AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR THE REGISTERED HOLDERS OF MORGAN STANLEY CAPITAL I INC., COMMERCIAL MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005-HQ6, ACTING BY AND THROUGH CWCAPITAL ASSET MANAGEMENT, LLC, IN ITS CAPACITY AS SPECIAL SERVICER, is Plaintiff, and MANATEE WEST SHOPPING CENTER, LLC, a Florida limited liability company, is Defendant.
I will sell to the highest and best bidder for cash at the Manatee County Judicial Center, 1051 Manatee Avenue West, Bradenton, Florida 34205, at 11:00 a.m. on February 3, 2012, via electronic sale online via the Internet at www.manatee.realforeclose.com the following described property as set forth in the Uniform Final Judgment of Foreclosure:
SEE ATTACHED EXHIBITS “1” and “2”
EXHIBIT “A”
LEGAL DESCRIPTION
MANATEE WEST SHOPPING CENTER
COMMENCE AT THE N.E. CORNER OF THE S.W. 1/4 OF THE S.E. 1/4 OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 17 EAST; THENCE S.00°02'45”W, ALONG THE EAST LINE OF THE S.W. 1/4 OF THE S.E. 1/4, 50.00 FEET TO THE INTERSECTION WITH THE SOUTH R/W OF STATE ROAD 64 (MANATEE AVENUE); THENCE N.89°47'00”W., ALONG THE SOUTH R/W OF STATE ROAD 64, 265.00 FEET TO THE INTERSECTION WITH THE WEST R/W OF “VILLAGE GREEN PARKWAY”; THENCE S.00°02'45”W, ALONG THE WEST R/W OF SAID “VILLAGE GREEN PARKWAY” 200.00 FEET TO THE MOST NORTHEASTERLY CORNER OF LOT 1, “GRAND MANATEE” SUBDIVISION, AS RECORDED IN PLAT BOOK 17, PAGES 57 AND 58, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, FOR A POINT OF BEGINNING; THENCE CONTINUE 8.00°02'45”W., ALONG SAID WEST R/W, ALSO BEING THE EAST LINE OF SAID LOT 1, 100.9 FEET TO THE P.C. OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 440.00 FEET; THENCE SOUTHWESTERLY ALONG SAID WEST R/W AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 47030'58”, 364.90 FEET TO THE S.E. CORNER OF SAID “GRAND MANATEE” SUBDIVISION; THENCE N.89°47'00”W. ALONG THE SOUTH LINE OF SAID SUBDIVISION, 415.88 FEET; THENCE N.00°13'00”E., PERPENDICULAR TO SAID SOUTH SUBDIVISION LINE, 625.00 FEET TO THE INTERSECTION WITH THE SOUTH R/W OF STATE ROAD 64; THEN S.89°4700”E., ALONG SAID SOUTH R/W 356.85 FEET; THENCE S.00°02'45”W. 200.00 FEET; THENCE S.89°47'00”E., 200.00 FEET TO THE POINT OF BEGINNING. BEING AND LYING IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING:
COMMENCE AT THE NE CORNER OF THE SW 1/4 OF THE SE 1/4 OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 17 EAST; THENCE S.00°2'45”W., ALONG THE EAST LINE OF THE SW 1/4 OF THE SE 1/4 50.00 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 64 (MANATEE AVENUE); THENCE N, 89°47'00”W., ALONG THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 64, 265,00 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF VILLAGE GREEN PARKWAY; THENCE 8.00°02'45”W'ž ALONG THE WEST RIGHT-OF-WAY LINE OF SAID VILLAGE GREEN PARKWAY, 200.00 FEET; THENCE N.89°47'00”W., 200.00 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N.89°47'00”W., 200.00 FEET; THENCE N.00°02'45”E., 200.00 FEET; THENCE S.89°47'00” B., ALONG THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 64, 200,00 FEET; THENCE S.00°02'45”W., 200.00 FEET TO THE POINT OF BEGINNING.

BEING ALSO KNOWN AS LOT 3 OF GRAND MANATEE SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 17, PAGES 57 AND 58, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
TOGETHER WITH:
THE APPURTENANT INGRESS AND EGRESS EASEMENTS CREATED PURSUANT TO THE PROVISIONS OF PARAGRAPH 12 OF THE DECLARATION OF COVENANTS AND ENCUMBRANCES RECORDED IN O.R. BOOK 1023, PAGE 2263 IN THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THE DRAINAGE EASEMENT CREATED PURSUANT TO THE EASEMENT AGREEMENT RECORDED IN O.R. BOOK 1023, PAGE 2249, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; AND THE APPURTENANT PARKING, UTILITY, SIGN, INGRESS AND EGRESS EASEMENTS CREATED PURSUANT TO THAT CERTAIN DECLARATION OF EASEMENTS AND RESTRICTIONS RECORDED IN O.R. BOOK 1983, PAGE 272 IN THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND RESTRICTIONS RECORDED IN O.R. BOOK 2008 PAGE 2679 IN THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
EXHIBIT 2
RIDER 70
UNIFORM COMMERCIAL CODE FINANCING STATEMENT
Debtor: MANATEE WEST SHOPPING CENTER LLC, a Florida limited liability company, as maker, having its principal place of business at c/o James D. Denkins, 750 N. Tamiami Trail, #1208, Sarasota, Florida 34236
Secured Party: Morgan Stanley Mortgage Capital Inc., having an address at 1221 Avenue of the Americas, 27th Floor, New York, New York 10020
ITEM 4 (CONTINUED): All light, title and interest of Debtor in and to the following (collectively, the “Property”):

1. The real property described in Exhibit 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 anyway 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 Laud and the Improvements and ail 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, or 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 (hue. (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 redaction 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.
EXHIBIT “A”
LEGAL DESCRIPTION
MANATEE WEST SHOPPING CENTER

COMMENCE AT THE N.E. CORNER OF THE S.W 1/4 OF THE S.E. 1/4 OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 17 EAST; THENCE S.00°02'45”W., ALONG THE EAST LINE OF THE S.W. 1/4 OF THE S.E. 1/4, 50.00 FEET TO THE INTERSECTION WITH THE SOUTH R/W OF STATE ROAD 64 (MANATEE AVENUE); THENCE N.89°47'00”W., ALONG THE SOUTH R/W OF STATE ROAD 64, 265.00 FEET TO THE INTERSECTION WITH THE WEST R/W OF “VILLAGE GREEN PARKWAY”; THENCE S.00°02'45”W, ALONG THE WEST R/W OF SAID “VILLAGE GREEN PARKWAY” 200.00 FEET TO THE MOST NORTHEASTERLY CORNER OF LOT 1, “GRAND MANATEE” SUBDIVISION, AS RECORDED IN PLAT BOOK 17, PAGES 57 AND 58, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, FOR A POINT OF BEGINNING; THENCE CONTINUE 8.00°02'45”W., ALONG SAID WEST R/W, ALSO BEING TEE EAST LINE OF SAID LOT 1, 100.9 FEET TO THE P.C. OF A CURVE, CONCAVE TO THE NORTHWEST, STAVING A RADIUS OF 440.00 FEET; THENCE SOUTHWESTERLY ALONG SAID WEST R/W AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 47°30'58”, 364.90 FEET TO THE S.E. CORNER OF SAID “GRAND MANATEE” SUBDIVISION; THENCE N.89°47'00”W. ALONG THE SOUTH LINE OF SAID SUBDIVISION, 415.88 FEET; THENCE N.00°13'00”E., PERPENDICULAR. TO SAID SOUTH SUBDIVISION LINE, 625.00 FEET TO THE INTERSECTION WITH THE SOUTH R/W OF STATE ROAD 64; THEN S.89°47'00”E., ALONG SAID SOUTH R/W 356.85 FEET; THENCE S.0002'45”W. 200.00 FEET; THENCE 8,89°47'00”E, 200.00 FEET TO THE POINT OF BEGINNING. BEING AND LYING IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING:
COMMENCE AT THE NE, CORNER OF THE SW 1/4 OF THE SE 1/4 OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 17 EAST; THENCE S.00°02'45”W., ALONG THE EAST LINE OF THE SW 1/4 OF THE SE 1/4 50.00 FEET TO THE INTERSECTION WITH THE SOUTH. RIGHT-OF-WAY LINE OF STATE ROAD 64 (MANATEE AVENUE); THENCE N. 89°47'00”W., ALONG THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 64, 265.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF VILLAGE GREEN PARKWAY; THENCE S.00°02'45”W, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID VILLAGE GREEN PARKWAY, 200.00 FEET; THENCE N.89°47'00”W., 200.00 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N.89°47'00”W., 200.00 FEET; THENCE N.00°02145”E., 200.00 FEET; THENCE S.89°47'00”E'ž ALONG THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 64, 200.00 FEET; THENCE 5.00°02'45”W., 200.00 FEET TO THE POINT OF BEGINNING.

BEING ALSO KNOWN AS LOT 3 OF GRAND MANATEE SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 17, PAGES 57 AND 58, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
TOGETHER WITH:
THE APPURTENANT INGRESS AND EGRESS BASEMENTS CREATED PURSUANT TO THE PROVISIONS OF PARAGRAPH 12 OF THE DECLARATION OF COVENANTS AND ENCUMBRANCES RECORDED IN O.R. BOOK 1023 PAGE 2263 IN THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THE DRAINAGE EASEMENT CREATED PURSUANT TO THE EASEMENT AGREEMENT RECORDED IN O.R, BOOK 1023, PAGE 2249, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; AND THE APPURTENANT PARKING, UTILITY, SIGN, INGRESS AND EGRESS BASEMENTS CREATED PURSUANT; OF THAT CERTAIN DECLARATION OF BASEMENTS AND RESTRICTIONS RECORDED IN O.R. BOOK 1983, PAGE 272 IN THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND RESTRICTIONS RECORDED IN O.R, BOOK ¬2008, PAGE 2679 IN THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
except as herein before set forth, in accordance with Fla. Stat. §45.031. The “highest bidder” for purposes of this Notice of Sale, is defined as the party who bids the largest amount of money to purchase the Property and who completes the sale in a timely fashion, as hereinafter set out. The one who bids the largest amount of money to purchase the Property shall be permitted to complete the sale by delivering to the Clerk, the balance of such bid, over and above the deposit, by 4:30 p.m. on the day of sale.
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 Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
Dated January 5, 2012.
Leslie Joughin, III, FBN: 339385
Richard H. Martin, FBN: 579831
AKERMAN SENTERFITT
401 East Jackson Street, Suite 1700
Tampa, Florida 33602
Phone: (813) 223-7333
Fax: (813) 223-2387
Email: [email protected]
Email: [email protected]
22836020;1
January 13, 20, 2012 12-0085M