12-4281W

NOTICE OF JUDICIAL
SALE BY THE CLERK
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
COMPLEX BUSINESS
LITIGATION COURT
CASE NO.: 12-CA-002115,
DIV: 43
U.S. BANK NATIONAL
ASSOCIATION, AS
SUCCESSOR TRUSTEE FOR
THE REGISTERED HOLDERS OF J.P. MORGAN CHASE
COMMERCIAL MORTGAGE
SECURITIES TRUST
2007-LDP10, COMMERCIAL
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-LDP10, BY C-III ASSET MANAGEMENT LLC, A
DELAWARE LIMITED
LIABILITY COMPANY,
SUCCESSOR TO J.E.
ROBERT COMPANY, INC., IN ITS CAPACITY AS SPECIAL SERVICER PURSUANT TO THAT CERTAIN POOLING AND SERVICING AGREEMENT DATED MARCH 1, 2007,
Plaintiff, vs.
FOUNTAINS TITLE HOLDER, L.L.C., a Delaware limited
liability company, and LASALLE INCOME AND GROWTH FUND IV, a Maryland Real Estate
Investment Trust,
Defendant(s).,
NOTICE IS HEREBY GIVEN: Pursuant to a Final Judgment dated July 5, 2012 and entered in Civil Action, Case Number No: 12-CA-002115 Division 43 of the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, in which U.S. Bank National Association, As Successor Trustee For The Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-LDP10, Commercial Mortgage Pass-Through Certificates Series 2007-LDP10, By C-III Asset Management LLC, a Delaware Limited Liability Company, Successor To J.E. Robert Company, Inc., In Its Capacity As Special Servicer Pursuant To That Certain Pooling And Servicing Agreement Dated March 1, 2007, is the Plaintiff, and Fountains Title Holder, L.L.C., a Delaware Limited Liability Company, and LaSalle Income And Growth Fund IV, a Maryland Real Estate Investment Trust are the Defendants, the Office of Lydia Gardner, Orange County Clerk of Courts will hereby sell to the highest and best bidder for cash online at https://www.myorangeclerk.realforeclose.com at 11:00 AM on the 8th day of August, 2012, the following property described in the legal description attached hereto as Exhibit “A,”
Exhibit A
This Rider A; is attached to and incorporated in a financing statement pertaining to FOUNTAINS TITLE HOLDER, L.L.C., a Delaware limited liability company, having its principal place of business at c/o LaSalle Investment Management, Inc., 200 East Randolph Drive, Chicago Illinois 60601 (“Debtor”) as debtor, and EUROHYPO AG, NEW YORK BRANCH, the New York branch of a German banking corporation, having an address at 1114 Avenue of the Americas, 29th Floor, New York, New York 10036 (“Secured Party”) as secured party, parties to that certain MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT, dated as of December, 2006, made by Debtor to Secured Party (the “Security Instrument”). This financing statement covers all right, title and interest of Debtor now owned, or hereafter acquired, in and to and under the following property, rights, interests and estates (collectively the “Property”):
(i) Land. The real property described in Exhibit A attached hereto and made a part hereof (the “Land”);
(ii) 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 he expressly made subject to the lien of the Security Instrument;
(iii) Improvements The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the “Improvements”);
(iv) 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 hearafter 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;
(v) Equipment All “equipment,” as such term is defined in Article 9 of the Uniform Commercial Code (as hereinafter defined), now owned or hereafter acquired by Debtor, which is used at or in connection with the improvements or the Land or located thereon or therein (including, but not limited to, all machinery, equipment, furnishings, and electronic data-processing and other office equipment now owned or hereafter acquired by Debtor and any and all additions, substitutions and replacements of any of the foregoing), together with all attachments, components, parts, equipment and accessories installed thereon or affixed thereto (collectively, the “Equipment” ). Notwithstanding the foregoing, Equipment shall not include any property belonging to tenants under Leases (as hereinafter defined) except to the extent that Debtor shall have any right or interest therein;
(vi) Fixtures. All Equipment now owned, or the ownership of which is hereafter acquired, by Debtor which is so related to the Land and Improvements forming part of the Property that it is deemed fixtures or real property under the law of the particular state in which the Equipment is located, including, without limitation, all building or construction materials intended for construction, reconstruction, alteration or repair of or installation on the Property, construction equipment, appliances, machinery, plant equipment, fittings, apparatuses, fixtures and other items now or hereafter attached to, installed in or used in connection with (temporarily or permanently) any of the Improvements or the Land, including, but not limited to, engines, devices for the operation of pumps, pipes, plumbing, cleaning, call and sprinkler systems, fire extinguishing apparatuses and equipment, heating, ventilating, plumbing, laundry, incinerating, electrical, air conditioning and air cooling equipment and systems, gas and electric machinery, appurtenances and equipment, pollution control equipment, security systems, disposals, dishwashers, refrigerators and ranges, recreational equipment and facilities of all kinds, and water, gas, electrical, storm and sanitary sewer facilities, utility lines and equipment (whether owned individually or jointly with others, and, if owned jointly, to the extent of Debtor's interest therein) and all other utilities whether or not situated in easements, all water tanks, water supply, water power sites, fuel stations, fuel tanks, fuel supply, and all other structures, together with all accessions, appurtenances, additions, replacements, betterments and substitutions for any of the foregoing and the proceeds thereof (collectively, the “Fixtures”).
Notwithstanding the foregoing, Fixtures shall not include any property which tenants are entitled to remove pursuant to Leases except to the extent that Debtor shall have any right or interest therein;
(vii) Personal Property. All furniture, furnishings, objects of art, machinery, goods, tools, supplies, appliances, general intangibles, contract rights, accounts, accounts receivable, franchises, licenses, certificates and permits, and all other personal property of any kind or character whatsoever (as defined in and subject to the provisions of the Uniform Commercial Code as hereinafter defined), other than Fixtures, which are now or hereafter owned by Debtor and which are located within or about the Land and the improvements, together with all accessories, replacements and substitutions thereto or therefor and the proceeds thereof (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 (the “Uniform Commercial Code”), superior in lien to the lien of the Security lnstrument and all proceeds and products of the above;
(viii) Leases and Rents All leases and other agreements affecting the use, enjoyment or occupancy of the Land and the Improvements heretofore or hereafter entered into. whether before or after the filing by or against Debtor of any petition for relief under l 11 U.S.C §101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”)(collectively, 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 (collectively, the “Rents”) and all proceeds from the sale or other disposition ofthe Leases and the right to receive and apply the Rents to the payment of the Debt;
(ix) Comdemnation 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;
(x) Insurance Proceeds. All proceeds in respect of the Property under 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,
(xi) Tax Certiorari All refunds, rebates or credits in connection with reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;
(xii) 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;
(xiii) 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,
(xiv) 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 happening of any default hereunder, to receive and collect any sums payable to Debtor thereunder;
(xv) Trademarks. 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 (except any tradenames and any trademarks associated with “LaSalle”, “AEC”, and all derivatives of either or both of them);
(xvi) Proceeds. All proceeds of any of the foregoing. including, without limitation, proceeds of insurance and condemnation awards, whether cash, liquidation or other claims or otherwise;
(xvii) Accounts. All reserves, escrows and deposit accounts (collectively, the “Accounts”) maintained by Debtor with Secured Party, as secured party, with respect to the Property, together with all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property held therein from time to time and all proceeds, products, distributions or dividends or substitutions thereon and thereof; and
(xviii) Other Rights. Any and all other rights of Debtor in and to the items set forth in Subsections (i) through (xvii) above.
AND without limiting any of the other provisions of the Security Instrument, to the extent permitted by applicable law, Debtor expressly grants to Secured Party, as secured party, a security interest in the portion of the Property which is or may be subject to the provisions of the Uniform Commercial Code which are applicable to secured transactions; it being understood and agreed that the Improvements and Fixtures are part and parcel of the Land (the Land, the Improvements and the Fixtures collectively referred to as the “Real Property”) appropriated to the use thereof and, whether affixed or annexed to the Real Property or not, shall for the purposes of the Security Instrument be deemed conclusively to be real estate and conveyed hereby. All capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Security Instrument,
EXHIBIT A
LEGAL DESCRIPTION
Phase 1
Portion of Tract 18, ROSEMONT SECTION SIX, as recorded in Plat Book 5, Pages 55 and 56, Public Records of Orange County, Florida, being more fully described as follows:
Commence at the Southeasterly corner of said Tract 18; thence North 01 degrees 50 minutes 19 seconds West, 560.00 feet to the POINT OF BEGINNING; thence South 89 degrees 39 minutes 12 seconds West, 163.44 feet; thence South 00 degrees 20 minutes 48 seconds East, 60.00 feet; thence South 89 degrees 39 minutes 12 seconds West, 370.00 feet; thence South 00 degrees 20
minutes 48 seconds East 20.00 feet thence South 89 degrees 39 minutes 12 seconds West, 686.00 feet to a point on a curve, concave Southwesterly, on the Easterly right of way line of Cinderlane Parkway, said curve having a radius of 363.21 feet; thence along said Easterly right of way line the following three courses and distances; from a tangent bearing of North 07 degrees 30 minutes 28 second East, 161.95 feet along the arc of said curve thru a central angle of 25 degrees 32 minutes 48 seconds to the point of tangency thereof; thence North 33 degrees 03 minutes 06 second East, 481.36 feet to a point of curvature of a curve, concave Northwesterly having a radius of 600.00 feet ; thence 106.47 feet along the arc of said curve, through a central
angle of 10 degrees 10 minutes 00 seconds to the end thereof; thence South 67 degrees 06 minutes 54 seconds East, 50.00 feet to a point of curvature of a curve, concave Northerly, having a radius of 750.00 feet and a central angle of 36 degrees 45 minutes 00 seconds, thence 350.16 feet along the arc of said curve to the point of tangency thereof, thence North 86 degrees 08 minutes 06 seconds East, 300.27 feet to a point on a curve, concave Southwesterly having a radius of 818.51 feet; thence from a tangent bearing of South 36 degrees 40 minutes 57 seconds East, run 497.79 feet along the arc of said curve, thru a central angle of 34 degrees 50 minutes 43 seconds to the point of tangency thereof; thence South 01 degrees 50 minutes 19 seconds East, 41.42 feet to the POINT OF BEGINNING.
Phase 2
Portion of Tract 18, ROSEMONT SECTION SIX, as recorded in Plat book 5, Pages 55 and 56, Public Records of Orange County, Florida, being more particularly described as follows:
BEGIN at the Southeasterly corner of said Tract 18; thence along the Northerly right of way line of Lake Wekiwa Parkway the following five (5) courses and distances: South 89 degrees 03 minutes 45 seconds West, 80.02 feet to a point of curvature of a curve, concave Northeasterly, having a radius of 246.86 feet and a central angle of 29 degrees 30 minutes10 seconds; thence 127.1 1 feet along the arc of said curve to the point of tangency thereof, thence North 61 degrees 26 minutes 05 seconds West, 227.00 feet to a point of curvature of a curve concave Southwesterly, having a radius of 523.37 feet and a central angle of 08 degrees 54 minutes 43 seconds; thence 264.10 feet along the arc of said curve to the point of tangency thereof; thence South 89 degrees 39 minutes 12 seconds West, 177.22 feet; thence North 01 degrees 50 minutes 14 seconds West, 275.00 feet; thence North 89 degrees 39 minutes 12 seconds East, 290.00 feet; thence North 00 degrees 20 minutes 48 seconds West, 20.00 feet; thence North 89 degrees 39 minutes 12 seconds East, 370.00 feet; thence North 00 degrees 20 minutes 48 seconds West 60.00 feet; thence North 89 degrees 39 minutes 12 Seconds East, 163.44 feet; thence South 01 degrees 50 minutes 19 seconds East, 560.00 feet to the POINT OF BEGINNING.
Phase 3
Tract 20, ROSEMONT SECTION SIX, as recorded in Plat Bock 5, Page 55 and 56, of the Public Records of Orange County, Florida, also described as:
Begin at the intersection of the Northerly right-of-way line of Lake Wekiwa Parkway and the Westerly right-of-way line of Rosemont Drive, said point of intersection being the most Southeasterly comer of said Tract 20; thence North 23 degrees 0 1 minutes 2 1 seconds East, along said Westerly right-of-way line a distance of 140.00 feet to a point of curvature on a curve concave Southerly having a radius of 419. 19 feet; thence along said Westerly right-of-way line and along the arc of said curve through a central angle of 38 degrees 38 minutes 39 seconds a distance of 282.74 feet to a point of tangency; thence North: 61 degrees 40 minutes 00 seconds East along said Westerly right-of-way line a distance of 340,00 feet; thence North28 degrees 20 minutes 00 West, a distance of 133.43 feet to a point of curvature on a curve concave Southerly having a radius of 650.00 feet; thence along the arc of said curve through a central angle of 8 1 degrees 30 minutes 14 seconds a distance of 924.63 feet to a point of tangency; thence South 70
degrees 09 minutes 46 seconds West, a distance of 98.33 feet to point on a curve concave Westerly having a radius of 81 8.5 I feet; thence from a radial bearing of South 170 degrees 09 minutes 46 seconds West, run along the arc of said curve through a central angle of 18 degrees 00 minutes 00 seconds a distance of 257. I4 feet to a point of tangency, thence South 01 degrees 50 minutes 14 seconds East a distance of 601.42 feet to the Northerly right-of-way line of Lake Wekiwa Parkway; thence North 89 degrees 03 minutes 45 seconds East, along said Northerly right-of-way line a distance 184.98 feet to a point of curvature on a curve concave Southerly having a radius of 355.75 feet; thence along said Northerly right-of-way line and along the arc of
said curve through a central angle of 23 degrees 57 minutes 36 seconds a distance of 148.77 feet to a point of tangency; thence South 66 degrees 58 minutes 39 second East, a distance1 1.18 feet to the Point of Beginning.
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 ADA Coordinator, Orange County, Human Resources Orange County Courthouse, 425 N. Orange Avenue, Suite 510 Orlando, FL 32801 Phone: (407) 836-2303 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 11th day of July, 2012
WOODBURY & SANTIAGO, P.A.
Michael P. Woodbury, Esq.
FBN (983690
Margaret Brenan Correoso, Esq.
FBN (136174)
WOODBURY & SANTIAGO, P.A.
9130 South Dadeland Boulevard, PH 1A
Miami, Florida 33156
July 26; August 2, 2012 12-4281W