12-02635L

FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 12-CA-051547
Judge: Sherra Winesett
LBUBS 2006-C6 METRO
OFFICE, LLC, a Florida limited liability company,
Plaintiff, vs.
DEER RIDGE ASSOCIATES, LLC, a Florida limited liability company,
Defendant.
NOTICE IS HEREBY GIVEN pursuant to a Final Judgment of Foreclosure filed on May 14, 2012 in Case No. 12-CA-051547 of the Circuit Court of the TWENTIETH Judicial Circuit in and for Lee County, Florida in which LBUBS 2006-C6 METRO OFFICE, LLC, a Florida limited liability company, is the Plaintiff, and the Defendant is Deer Ridge Associates, a Florida limited liability company, and METRO PARK ASSOCIATION, INC., a Florida corporation not for profit (“Defendants”), the Clerk will sell to the highest and best bidder for cash online at www.lee.realforeclose.com at 9:00 a.m. on the 14th day of June, 2012 the following described real and personal property located in Lee County, Florida:
SEE EXHIBITS “A” AND “B” ATTACHED HERETO
EXHIBIT A
LEGAL DESCRIPTION
Parcel 1: A tract of land lying in Lot No. 6, Metro Mall Associates, Ltd. a re-subdivision of Block A, Metro Park, according to the Plat thereof as recorded in Plat Book 37, page 26, Public Records of Lee County, Florida, being described as follows: From the ¾” pipe marking the Northeast corner of said Lot No. 6 as shown on said plat, run South 00º 57'32” East along the East line of said lot, the East line of a public utility easement (12 feet wide) and the West line of Metro Parkway (140 feet wide) for 449.00 feet to the Point of Beginning:

From said Point of Beginning run South 89º 02 '28” West, perpendicular to said West line of Metro Parkway along the South line of an ingress-egress easement (50 feet wide) for 60 feet; thence run North 00º 57' 32” West, along the West line of said easement for 25 feet; thence run South 89º 02' 28” West for 370 feet to the West line of said Lot No. 6; thence run South 00º 57' 32” East along said West line and the West line of a drainage easement (50 feet wide) for 322.46 feet to the Southwest corner of Lot No. 6, thence run Easterly, Southeasterly and Easterly along the Southerly line of said Lot No. 6 along the arc of a curve to the right of radius 258.59 feet (chord bearing South 57º 13' 21” East) (Chord 287.24 feet) (Delta 67º 28' 41”) for 304.54 feet to a point of reverse curvature, along the arc of a curve to the left of radius 178.59 feet (chord bearing South 57º 13' 16” East) (cord 198.37 feet) (Delta 67º 28' 32”) for 210.31 feet to a point of tangency and North 89º 02' 30” East for 26.17 feet to an intersection with said West line of Metro Parkway; thence run North 00º57'32” West along said West line, said East line of Lot No. 6 and East line of public utility easement (12 feet wide) for 567.17 feet to the point of beginning.

Together with those appurtenance easement to said property described as follows:

Easement Parcel A: Common area easement as granted by Declaration of Covenants and Restrictions in Official Record Book 1734, page 3601 as amended in O.R. Book 1789, page 835 and further amended in O.R. Book 1831, page 4326 and amended by affidavit in O.R. Book 2230, page 3970.

Easement Parcel B: Joint Driveway Easement as recorded in Official Records Book 2071, page 238, as amended in Official Records Book 2775, page 4011 and O.R. Book 2775, page 4019, of the Public Records of Lee County, Florida.

Easement Parcel C: Driveway Easement recorded in Official Records Book 1919, page 3597, Public Records of Lee County, Florida

Easement Parcel D: Easements for drainage, ingress and egress as established by Declaration of Easement and Restrictions as recorded in Official Records Book 1789, page 860, and further described in Plat Book 37, page 26.
EXHIBIT B
PERSONAL PROPERTY
DESCRIPTION
All of Debtor's right, title and interest in and to the following property (the “Property”), located upon or used in connection with the real property described on Exhibit A to this Schedule A(the “Land”).
a. buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the “improvements);
b. 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;
c. all furnishings,.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 the 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”), 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”) and all proceeds and products of the above;
d. 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 Borrower 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”) (a “Lease” or “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 (including, but not limited to, any payments made by tenants under the Leases in connection with the termination of any Lease, 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 Debt (as defined in the Security Instrument);
e. any and all lease guaranties, letters of credit and any other credit support (individually, a “Lease Guaranty” and collectively, the “Lease Guaranties”) given by any guarantor in connection with any of the Leases (individually, a “Lease Guarantor” and collectively, the “Lease Guarantors”);
f. All rights, powers, privileges, options and other benefits of Debtor as lessor under the Leases and beneficiary under the Lease Guaranties including without limitation the immediate and continuing right to make claim for, receive, collect and receipt for all Rents payable or receivable under the Leases and all sums payable under the Lease Guaranties or pursuant thereto (and to apply the same to the payment of the Debt (as defined in the Security Instrument), and to do other things which Debtor or any lessor is or may become entitled to do under the Leases or the Lease Guaranties;
g. 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;
h. 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;
i. 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.
j. 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;
k. 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;
l. 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;
m. 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; and
n. Any and all other rights of the Debtor in and to the terms set forth in items (a) through (m) above.
Initially capitalized terms used herein and not otherwise defined have the meanings assigned in the Notice of Future Advance, Mortgage Modification, Extension and Spreader Agreement and Security Agreement, made, as of June 21, 2006, by Deer Ridge Associates, LLC, a Florida limited liability company, in favor of Lehman Brothers Bank, FSB, a federal stock savings bank, recorded June 22, 2006, as Instrument No. 2006000250375, in the Official Public Records of the Clerk of Circuit Court of Lee County, Florida.
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 sixty (60) days after the sale. Charlie Green is the Clerk of the Court making the foregoing sale, Twentieth Judicial Circuit, Lee County, Florida.
WITNESS my hand and the Seal of this Court on this 23 day of May, 2012.
CHARLIE GREEN
Clerk of the Circuit Court
20th Judicial Circuit
Lee County, Florida
(SEAL) By: S. Hughes
As Deputy Clerk
LAW FIRM:
BILZIN, SUMBERG, BAENA
PRICE & AXELROD LLP
1450 Brickell Avenue, 23rd Floor
Miami, Florida 33131-3456
(305) 374-7580
June 1, 8, 2012 12-02635L