12-00250L

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT
OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
Case No. 11-CA-053849
U.S. BANK NATIONAL ASSOCIATION, as Trustee, as successor in interest to Bank of America, N.A., successor by merger to LaSalle Bank National Association, as trustee for the registered holders of Prudential Securities Secured Financing Corporation, Commercial Mortgage Pass-Through Certificates,
2003-PWR1, acting by and
through its special servicer,
C-III Asset Management LLC,
Plaintiff, vs.
THE PROMENADE AT BONITA BAY, LLP, a Florida limited liability partnership; THE SCOTTSDALE CO., a Florida corporation; M&M ASPHALT MAINTENANCE INC., a Florida corporation a/k/a M&M Asphalt Maintenance, Inc.; BONITA BAY MERCHANTS ASSOCIATION, INC., a Florida non-profit corporation; and all parties claiming interest by, through, under or against any defendant named herein,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Agreed Final Judgment of Foreclosure dated January 12, 2012, entered in Civil Case No. 11-CA-053849 of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida wherein U.S. BANK NATIONAL ASSOCIATION, as Trustee, as successor in interest to Bank of America, N.A., successor by merger to LaSalle Bank National Association, as trustee for the registered holders of Prudential Securities Secured Financing Corporation, Commercial Mortgage Pass-Through Certificates, 2003-PWR1, acting by and through its special servicer, C-III Asset Management LLC, is the Plaintiff and THE PROMENADE AT BONITA BAY, LLP, a Florida limited liability partnership; THE SCOTTSDALE CO., a Florida corporation; BONITA BAY MERCHANTS ASSOCIATION, INC., a Florida non-profit corporation; and all parties claiming interest by, through, under or against any defendant named herein, and all parties claiming interest by, through, under or against any defendant named herein, are the Defendants.
The Lee County Clerk of Court will sell to the best and highest bidder for cash, by electronic sale at www.lee.realforeclose.com beginning at 9:00 AM on February 13, 2012, the following described property, as set forth in said Agreed Final Judgment of Foreclosure, to wit:
SEE ATTACHED
EXHIBIT “A” and
EXHIBIT “B”

EXHIBIT A
(Property)


PARCEL I
LEGAL DESCRIPTION OF Part of “BONITA BAY COMMONS”, (Plat Book 60 at Page 50 & 51) also being a part of Section 28, Township 47 South, Range 25 East, Lee County, Florida

All of Tract “C” of “Bonita Bay Commons” according to the plat thereof as recorded in plat book 60, pages 50 and 51, Public records of Lee County, Florida.

PARCEL II

LEGAL DESCRIPTION OF Part of “BONITA BAY COMMONS REPLAT”, (Plat Book 66 at Page 23 & 24) also being a part of Section 28, Township 47 South, Range 25 East, Lee County, Florida

All of Tract “D” of “Bonita Bay Commons Replat” according to the plat thereof as recorded in Plat book 66, Pages 23 and 24, Public records of Lee County, Florida.

EXHIBIT B
(Personal Property)
All of The Promenade at Bonita Bay, LLP's estate, right, title and interest in, to and under any and all of the following described property, whether now owned or hereafter acquired (collectively, the “Personal Property”):

A. All that certain real property referenced on the cover page of the Mortgage and more particularly described on Exhibit A and incorporated herein by this reference (the “Real Estate”), together with all of the easements, rights, privileges, franchises, tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in any way appertaining and all of the estate, right, title, interest, claim and demand whatsoever of Borrower therein or thereto, either at law or in equity, in possession or in expectancy, now or hereafter acquired;

B. All structures, buildings and improvements of every kind and description now or at any time hereafter located or placed on the Real Estate (the “Improvements”);

C. All furniture, furnishings, fixtures, goods, equipment, inventory or personal property owned by Borrower and now or hereafter located on, attached to or used in and about the Improvements, including, but not limited to, all machines, engines, boilers, dynamos, elevators, stokers, tanks, cabinets, awnings, screens, shades, blinds, carpets, draperies, lawn mowers, and all appliances, plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposal and incinerating equipment, and all fixtures and appurtenances thereto, and such other goods and chattels and personal property owned by Borrower as are now or hereafter used or furnished in operating the Improvements, or the activities conducted therein, and all building materials and equipment hereafter situated on or about the Real Estate or Improvements, and all warranties and guaranties relating thereto, and all additions thereto and substitutions and replacements therefor (exclusive of any of the foregoing owned or leased by tenants of space in the Improvements);

D. All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, air rights and other development rights now or hereafter located on the Real Estate or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in any way belonging, relating or appertaining to the Real Estate and/or Improvements or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Borrower;

E. All water, ditches, wells, reservoirs and drains and all water, ditch, well, reservoir and drainage rights which are appurtenant to, located on, under or above or used in connection with the Real Estate or the Improvements, or any part thereof, whether now existing or hereafter created or acquired;

F. All minerals, crops, timber, trees, shrubs, flowers and landscaping features now or hereafter located on, under or above the Real Estate;

G. All cash funds, deposit accounts and other rights and evidence of rights to cash, now or hereafter created or held by Noteholder pursuant to the Mortgage or any other of the Loan Documents, including, without limitation, all funds now or hereafter on deposit in the Impound Account, as defined in Section 1.6 of the Mortgage, and in the reserves required pursuant to Section 1.28 of the Mortgage (collectively, the “Reserves”);

H. All leases (including, without limitation, oil, gas and mineral leases), licenses, concessions and occupancy agreements of all or any part of the Real Estate or the Improvements now or hereafter entered into (each, a “Lease” and collectively, the “Leases”) and all rents, royalties, issues, profits, revenue, income and other benefits (collectively, the “Rents and Profits”) of the Real Estate or the Improvements, now or hereafter arising from the use or enjoyment of all or any portion thereof or from any present or future Lease or other agreement pertaining thereto or arising from any of the Contracts (as hereinafter defined) or any of the General Intangibles (as hereinafter defined) and all cash or securities deposited to secure performance by the tenants, lessees or licensees, as applicable (each, a “Tenant” and collectively, the “Tenants”), of their obligations under any such Leases, whether said cash or securities are to be held until the expiration of the terms of said Leases or applied to one or more of the installments of rent coming due prior to the expiration of said terms, subject to, however, the provisions contained in Section 1.9 of the Mortgage;

I. All contracts and agreements now or hereafter entered into covering any part of the Real Estate or the Improvements (collectively, the “Contracts”) and all revenue, income and other benefits thereof, including, without limitation, management agreements, franchise agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Real Estate or the Improvements (including plans, drawings, surveys, tests, reports, bonds and governmental approvals) or to the management or operation of any part of the Real Estate or the Improvements and any and all warranties and guaranties relating to the Real Estate or the Improvements or any fixtures, equipment or personal property owned by Borrower and located on and/or used in connection with the Property;

J. All present and future monetary deposits given to any public or private utility with respect to utility services furnished to any part of the Real Estate or the Improvements;

K. All present and future funds, accounts, instruments, accounts receivable, documents, causes of action, claims, general intangibles (including without limitation, trademarks, trade names, servicemarks and symbols now or hereafter used in connection with any part of the Real Estate or the Improvements, all names by which the Real Estate or the Improvements may be operated or known, all rights to carry on business under such names, and all rights, interest and privileges which Borrower has or may have as developer or declarant under any covenants, restrictions or declarations now or hereafter relating to the Real Estate or the Improvements) and all notes or chattel paper now or hereafter arising from or by virtue of any transactions related to the Real Estate or the Improvements (collectively, the “General Intangibles”);

L. All water taps, sewer taps, certificates of occupancy, permits, licenses, franchises, certificates, consents, approvals and other rights and privileges now or hereafter obtained in connection with the Real Estate or the Improvements and all present and future warranties and guaranties relating to the Improvements or to any equipment, fixtures, furniture, furnishings, personal property or components of any of the foregoing now or hereafter located or installed on the Real Estate or the Improvements;

M. All building materials, supplies and equipment now or hereafter placed on the Real Estate or in the Improvements and all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Real Estate or the Improvements;

N. All right, title and interest of Borrower in any insurance policies or binders now or hereafter relating to the Property including any unearned premiums thereon;

O. All proceeds, products, substitutions and accessions (including claims and demands therefor) of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, proceeds of insurance and condemnation awards and proceeds of refunds of any Taxes or Other Charges with respect to any period in which this Mortgage encumbers the Property; and

P. All other or greater rights and interests of every nature in the Real Estate or the Improvements and in the possession or use thereof and income therefrom, whether now owned or hereafter acquired by Borrower.

Capitalized terms used above in this Exhibit B without definition have the meanings given them in the Loan Documents as defined in the Complaint.
IF YOU ARE A SUBORDINATE LIENHOLDER 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 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 Court Operations Manager whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, 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 13 day of January, 2012.
CHARLIE GREEN
Clerk of THE CIRCUIT Court
(SEAL) By: M. Parker
As Deputy Clerk
Matthew T. Blackshear, Esq.
Florida Bar No. 632694
Traci H. Rollins, Esq.
Florida Bar No. 769071
Rene M. Larkin, Esq.
Florida Bar No. 85107
Squire Sanders (US) LLP
201 North Franklin Street, Suite 2100
Tampa, Florida 33602
Telephone: (813) 202-1300
Facsimile: (813) 202-1313
Attorneys for Plaintiff
Jan. 27; Feb. 3, 2012 12-00250L