12-0128H

FIRST INSERTION
NOTICE OF SALE
CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT
ORANGE COUNTY, FLORIDA
Case No.: 2011-CA-008061-0
Division 37
WELLS FARGO BANK, N.A., as successor-by-merger to Wachovia Bank, N.A., a national banking
association,
Plaintiff, v. SHOPPES OF MAITLAND, LLC, a Florida limited liability company; WESTSHORE COMMONS, L.L.C,
a Florida limited liability
Company; UNKNOWN OWNER(S), SPOUSE(S) and/or TENANT(S),
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to a Final Judgment entered in the above-styled cause in the Circuit Court of Orange County, Florida on January 10, 2012, the Clerk of Court shall hold two (2) separate and successive sales for each of the subject properties described as:
See Exhibits” A” and “B” attached hereto and made a part hereof by reference as if fully set forth herein for legal description.
Parcel 1 - Shoppes of Maitland Property
The South 1/2 of the West 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 36, Township 21 South, Range 29 East, Orange County, Florida, LESS the South 6 feet of the West 147 feet thereof, and Less the Right-of-Way for US Highway 17-92.
Together with:
COLLATERAL COVERED. This Financing Statement covers all of Debtor's right, title and interest in and to the following property whether now owned or hereafter at any time acquired, and including all replacements, additions, accessions, substitutions, proceeds and products thereto (which together with the Property (as hereinafter defined), is referred to herein, as the “Collateral”); provided, however, that with respect to any items which are leased and not owned by Debtor, the term “Collateral” includes the leasehold interest only of Debtor together with any options to purchase any of said items and any additional or greater rights with respect to such items which Debtor may hereafter acquire:
(a) All buildings, structures, and improvements of every nature whatsoever now or hereafter situated on the land more particularly described in Exhibit A attached hereto (the “Property”), and all fixtures, machinery, equipment, furniture, furnishings, and personal property of every nature whatsoever now or hereafter owned by the Debtor and located in, on, or used or intended to be used in connection with or with the operation of said Property, buildings, structures, or other improvements, including all extensions, additions, improvements, betterments, renewals and replacements to any of the foregoing.
(b) All building materials, equipment, fixtures, fittings, and personal property of every kind or character now owned or hereafter acquired by Debtor for the purpose of being used or useful in connection with the improvements located or to be located on the Property, whether such materials, equipment, fixtures, fittings, and personal property are actually located on or adjacent to said property or not, and whether in storage or otherwise, wheresoever the same may be located, including, but without limitation, all lumber and lumber products, bricks, building stones, and building blocks, sand and cement, roofing material, paint, doors, windows, hardware, nails, wires and wiring, plumbing and plumbing fixtures, heating and air conditioning equipment and appliances, electrical and gas equipment and appliances, pipes and piping, ornamental and decorative fixtures, furniture, and in general all building materials and equipment of every kind and character used or useful in connection with said improvements.
TOGETHER WITH all easements, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the Collateral, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Debtor, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, property, possession, claim, and demand whatsoever at law, as well as in equity, of Debtor of, in and to the same, including but not limited to:
(i) All rents, profits, issues, and revenues of the Collateral from time to time accruing, whether under leases or tenancies now existing or hereafter created; and
(ii) All judgments, awards of damages, and settlements hereafter made resulting from condemnation proceedings or the taking of the premises or any part thereof under power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the premises or the improvements thereon or any part thereof, or to any rights appurtenant thereto, including any award for change of grade or streets.
TOGETHER WITH all of the Debtor's right, title and interest in and to (i) any and all leases now or hereafter in effect with respect to occupancy of space located on the Property; (ii) any extensions, modifications or renewals of the leases described in (i) hereof, any guarantees of the lessees' obligations thereunder; and (iii) any and all security deposits received by Debtor or any agent of Debtor in connection therewith.
TOGETHER WITH all (i) drawings and plans and specifications for any improvements located on or to be located on the Property, (ii) Debtor's books and records relating to the Property or other Collateral, (iii) all applications and commitments now in existence or hereafter made or issued relating to permanent financing of the Property, and (iv) all contracts now or hereafter made by Debtor relating to the Property or other Collateral or the construction, equipping, marketing, management, sale or lease of all or any part thereof.
HILLSBOROUGH COUNTY PROPERTY DESCRIPTION
Parcel 2 - Westshore Commons Property
The West 200.13 feet of the East 333.55 fet of the South 295.95 feet of the North 335.95 feet of the Northeast 1/4 of the Northwest 1/4 of the Southeast 1/4, Section 17, Township 29 South, Range 18 East, Hillsborough County, Florida, LESS AND EXCEPT the South 60 feet thereof.
Together with:
COLLATERAL COVERED. This Financing Statement covers all of Debtor's right, title and interest in and to the following property whether now owned or hereafter at any time acquired, and including all replacements, additions, accessions, substitutions, proceeds and products thereto (which together with the Property (as hereinafter defined), is referred to herein, as the “Collateral”); provided, however, that with respect to any items which are leased and not owned by Debtor, the term “Collateral” includes the leasehold interest only of Debtor together with any options to purchase any of said items and any additional or greater rights with respect to such items which Debtor may hereafter acquire:
(a) All buildings, structures, and improvements of every nature whatsoever now or hereafter situated on the land more particularly described in Exhibit A attached hereto (the “Property”), and all fixtures, machinery, equipment, furniture, furnishings, and personal property of every nature whatsoever now or hereafter owned by the Debtor and located in, on, or used or intended to be used in connection with or with the operation of said Property, buildings, structures, or other improvements, including all extensions, additions, improvements, betterments, renewals and replacements to any of the foregoing.
(b) All building materials, equipment, fixtures, fittings, and personal property of every kind or character now owned or hereafter acquired by Debtor for the purpose of being used or useful in connection with the improvements located or to be located on the Property, whether such materials, equipment, fixtures, fittings, and personal property are actually located on or adjacent to said property or not, and whether in storage or otherwise, wheresoever the same may be located, including, but without limitation, all lumber and lumber products, bricks, building stones, and building blocks, sand and cement, roofing material, paint, doors, windows, hardware, nails, wires and wiring, plumbing and plumbing fixtures, heating and air conditioning equipment and appliances, electrical and gas equipment and appliances, pipes and piping, ornamental and decorative fixtures, furniture, and in general all building materials and equipment of every kind and character used or useful in connection with said improvements.
TOGETHER WITH all easements, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the Collateral, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Debtor, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, property, possession, claim, and demand whatsoever at law, as well as in equity, of Debtor of, in and to the same, including but not limited to:
(i) All rents, profits, issues, and revenues of the Collateral from time to time accruing, whether under leases or tenancies now existing or hereafter created; and
(ii) All judgments, awards of damages, and settlements hereafter made resulting from condemnation proceedings or the taking of the premises or any part thereof under power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the premises or the improvements thereon or any part thereof, or to any rights appurtenant thereto, including any award for change of grade or streets.
TOGETHER WITH all of the Debtor's right, title and interest in and to (i) any and all leases now or hereafter in effect with respect to occupancy of space located on the Property; (ii) any extensions, modifications or renewals of the leases described in (i) hereof, any guarantees of the lessees' obligations thereunder; and (iii) any and all security deposits received by Debtor or any agent of Debtor in connection therewith.
TOGETHER WITH all (i) drawings and plans and specifications for any improvements located on or to be located on the Property, (ii) Debtor's books and records relating to the Property or other Collateral, (iii) all applications and commitments now in existence or hereafter made or issued relating to permanent financing of the Property, and (iv) all contracts now or hereafter made by Debtor relating to the Property or other Collateral or the construction, equipping, marketing, management, sale or lease of all or any part thereof.
at public sale on February 23, 2012, beginning at 11:00 a.m. Eastern Time, or as soon thereafter as the sale may proceed, to the highest and best bidder, for cash, via Internet at www.myorangeclerk.realforeclose.com.
The highest bidder shall immediately post with the Clerk, a deposit equal to 5% of the final bid. The deposit must be cash or cashier's check payable to the Clerk of the Circuit Court. Final payment must be made on or before 5:00 p.m. of the date of the sale by cash or cashier's check.
Any person claiming an interest in surplus from the sale, if any, other than the property owner as of the date of the Lis Pendens must file a claim within sixty (60) days after the sale.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE
PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIEN HOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE 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.
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE ORANGE COUNTY CLERK OF THE COURT, 425 N. ORANGE AVENUE, ORLANDO, FL 32801, (TELEPHONE: 407-836-2000), WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT A LEGAL SERVICES OFFICE, SUCH AS: LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION, INC., 100 EAST ROBINSON STREET, ORLANDO, FL 32801-1694, (407) 841-8310, TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT THIS SERVICE FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
ATTN: If you are a person with a disability who needs any accommodation in order to participate in a court proceeding or event, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact: in Orange County, ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, fax: 407- 836-2204; at least 7 days before your scheduled court appearance, or immediately upon receiving notification if the time before the scheduled court appearance is less than 7 days. If you are hearing or voice impaired, call 711 to reach the Telecommunications Relay Service.
DATED on January 10, 2012.
Donald R. Kirk, FBN 105767
Hema Persad, FBN: 60578
FOWLER WHITE BOGGS, P.A.
Post Office Box 1438
Tampa, FL 33601-1438
Tel.: (813) 228-7411
Attorneys for Plaintiff
January 13, 20, 2012 12-0128H