12-0151H

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO.: 11-006458 - Division L
MSCI 2006-HQ10 FLETCHER AVENUE LLC, a Florida limited liability company,
Plaintiff, vs.
ING US STUDENTS NO. 14 LLC, a Delware limited liability company, and ING US COMMUNITY LIVING FUND, INC., a Maryland
corporation,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to an Amended Stipulated Final Judgment of Foreclosure rendered on December 21, 2011, in that certain cause pending in the Circuit Court in and for Hillsborough County, Florida, wherein RRE CAMPUS CLUB HOLDINGS, LLC, a Delware limited liability company is the substituted party Plaintiff, and granted against the Defendants, ING US STUDENTS NO. 14 LLC and ING US COMMUNITY LIVING FUND, INC., in Case No. 11-006458-Division L, Pat Frank, Clerk of the Court of the aforesaid Court, will at 10:00 a.m. on February 9, 2012, offer for sale and sell to the highest bidder for cash at the courthouse located at the Hillsborough County Clerk of Court, 800 E. Twiggs, Rooms 201 - 202, Tampa, Florida 33602, the following described real property, situate and being in Hillsborough County, Florida to-wit:
REAL PROPERTY
SEE ATTACHED EXHIBIT A
PERSONAL PROPERTY
SEE ATTACHED EXHIBIT B
*To be published in the Gulf Coast Business Review*
EXHIBIT A
Legal Description
PARCEL I: (FEE SIMPLE)
A PARCEL OF LAND LYING IN THE SOUTH 660 FEET OF THE NORTH 710 FEET OF THE EAST 660 FEET OF THE WEST 685 FEET OF THE NORTHEAST ¼ OF SECTION 10, TOWNSHIP 28 SOUTH, RANGE 19 EAST, HILLSBOROUGH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST ¼ OF SAID SECTION 10; THENCE SOUTH 00°03'27” WEST, ALONG THE WEST BOUNDARY LINE OF THE NORTHEAST ¼ OF SAID SECTION 10, 50.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF FLETCHER AVENUE EXTENDED; THENCE SOUTH 89°59'33” EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE AND EXTENSION THEREOF, 50.00 FEET SOUTH OF AND PARALLEL TO THE NORTH BOUNDARY LINE OF THE NORTHEAST ¼ OF SAID SECTION 10, 274.49 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 89°59'33” EAST, 50.00 FEET SOUTH OF AND PARALLEL TO SAID NORTH BOUNDARY LINE, 210.51 FEET; THENCE LEAVE SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 00°03'27” WEST 100.00 FEET; THENCE NORTH 89°59'33” WEST, 12.50 FEET; THENCE SOUTH 00°03'27” WEST, 120.00 FEET; THENCE NORTH 89°59'33” WEST, 227.50 FEET; TO A POINT 245.00 FEET EAST OF THE WEST BOUNDARY LINE OF THE NORTHEAST ¼ OF SAID SECTION 10; THENCE NORTH 00°03'27” EAST 245.00 FEET EAST OF AND PARALLEL TO THE SAID WEST BOUNDARY LINE, 166.67 FEET; THENCE NORTH 45°03'27” EAST, 26.00 FEET TO THE POINT OF A CURVE TO THE LEFT, SAID CURVE HAVING FOR ITS ELEMENTS A RADIUS OF 18.50 FEET A CHORD BEARING AND DISTANCE OF NORTH 22°33'27” EAST, 14.16 FEET, THENCE ALONG THE ARC OF SAID CURVE, 14.53 FEET TO A POINT OF REVERSE CURVATURE TO THE RIGHT, SAID CURVE HAVING FOR ITS ELEMENTS A RADIUS OF 45.00 FEET, A CHORD BEARING AND DISTANCE OF NORTH 14°36'39” EAST, 22.62 FEET, THENCE ALONG THE ARC OF SAID CURVE, 22.86 FEET, TO A POINT ON THE SAID SOUTH RIGHT-OF-WAY LINE OF FLETCHER AVENUE AND THE POINT OF BEGINNING.
(ALSO KNOWN AS LOT 1 OF 56TH AND FLETCHER OFFICE PARK, A PLATTED SUBDIVISION WITH NO IMPROVEMENTS, SECTION 10, TOWNSHIP 28 SOUTH, RANGE 19 EAST, HILLSBOROUGH, FLORIDA AS RECORDED IN PLAT BOOK 108 AT PAGE 155 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA.)
AND
A PARCEL OF LAND LYING IN THE SOUTH 660 FEET OF THE NORTH 710 FEET OF THE EAST 660 FEET OF THE WEST 685 FEET OF THE NORTHEAST ¼ OF SECTION 10, TOWNSHIP 28 SOUTH, RANGE 19 EAST, HILLSBOROUGH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST ¼ OF SAID SECTION 10; THENCE SOUTH 00°03'27” WEST, ALONG THE WEST BOUNDARY LINE OF THE NORTHEAST ¼ OF SAID SECTION 10, 50.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF FLETCHER AVENUE EXTENDED; THENCE SOUTH 89°59'33” EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE AND EXTENSION THEREOF, 50.00 FEET SOUTH OF AND PARALLEL TO THE NORTH BOUNDARY LINE OF THE NORTHEAST ¼ OF SAID SECTION 10, 485.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 89°59'33” EAST, 50.00 FEET SOUTH OF AND PARALLEL TO SAID NORTH BOUNDARY LINE, 200.00 FEET; THENCE LEAVE SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 00°03'27” WEST, ALONG A LINE 685.00 FEET EAST OF AND PARALLEL TO THE WEST BOUNDARY LINE OF THE NORTHEAST ¼ OF SAID SECTION 10, 660.00 FEET; THENCE NORTH 89°59'33” WEST, 320.00 FEET; THENCE NORTH 00°03'27” EAST 440.00 FEET; THENCE SOUTH 89°59'33” EAST, 107.50 FEET; THENCE NORTH 00°03'27” EAST, 120.00 FEET; THENCE SOUTH 89°59'33” EAST, 12.50 FEET; THENCE NORTH 00°03'27” EAST 100.00 FEET TO THE POINT OF BEGINNING.
(ALSO KNOWN AS LOT 4 OF 56TH AND FLETCHER OFFICE PARK, A PLATTED SUBDIVISION WITH NO IMPROVEMENTS, SECTION 10, TOWNSHIP 28 SOUTH, RANGE 19 EAST, HILLSBOROUGH, FLORIDA AS RECORDED IN PLAT BOOK 108 AT PAGE 155 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA.)
TAX PARCEL ID 36514-0000
PARCEL II: (EASEMENT)
EASEMENT RIGHTS FOR INGRESS, EGRESS UTILITY AND DRAINAGE SERVICES RECORDED IN OFFICIAL RECORDS BOOK 11189, PAGE 636 AND AS AMENDED TO ALSO INCLUDE SIDEWALK AND DUMPSTER EASEMENTS IN O.R. BOOK 14312, PAGE 593 AND AS SET FORTH ON THE PLAT RECORDED IN PLAT BOOK 108, PAGES 155 THROUGH 160, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA.
PARCEL III: (EASEMENT)
EASEMENT RIGHTS FOR ACCESS AND SANITARY SEWER AS SET FORTH IN THAT CERTAIN GRANT OF EASEMENT RECORDED IN O.R. BOOK 8847, PAGE 552.
Personal Property
All right, title and interest of Debtor in and to the following (collectively, the “Property”):
1. Land. The real property described in Exhibit A attached hereto and made a part hereof (the “Land”);
2. Additional Land. 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;
3. Improvements. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the “Improvements”);
4. Easements. 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 any way 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. Fixtures and Personal Property. 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 Land and the Improvements and all 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 and all proceeds and products of the above;
6. Leases and Rents. 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 time (the “Bankruptcy Code”) (the “Leases”) and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, any guarantees of the lessees' obligations thereunder, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, early termination fees and payments and other termination fees and payments, 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. Insurance Proceeds. 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. Condemnation Awards. 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. Tax Certiorari. All refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;
10. Conversion. 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. Rights. 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. Agreements. 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;
13. Intangibles. All trade names, 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; and
14. Other Rights. Any and all other rights of Debtor in and to the items set forth in Subsections (1) through (13) above.
Said sale will be made pursuant to and in order to satisfy the terms of said Amended Stipulated 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.
NOTICE OF AMERICANS WITH DISABILITIES ACT OF 1990
Administrative Order No. 97-3
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 ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs St., Room 604, Tampa, Florida 33602, (813) 272-7040, 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 09 day of January, 2012.
PAT FRANK
Clerk of the Court
By: Alexis De La Rosa
As Deputy Clerk
Attorneys for Movant:
JESSE E. GRAHAM, JR., Esq.
Florida Bar No. 0008620
BURR & FORMAN, LLP
200 South Orange Avenue
Suite 800
Orlando, Florida 32801
Direct: (407) 540-6615
Main: (407) 540-6600
Fax: (407) 540-6601
January 20, 27, 2012 12-0151H