12-4812H

FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.
2011-CA-006605 Division A
WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF BANC OF AMERICA
COMMERCIAL MORTGAGE INC., COMMERCIAL MORTGAGE
PASS-THROUGH
CERTIFICATES, SERIES 2004-4, BY AND THROUGH ORIX
CAPITAL MARKETS, LLC, AS SPECIAL SERVICER,
Plaintiff, v.
ADLER GROUP BEAUMONT
INVESTORS, LLC, a Delaware limited liability company; et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure dated October 18, 2012, entered in Case No. Case No. 2011-CA-006605(A), in the Circuit Court of the 13th Judicial Circuit in and for Hillsborough County, Florida, wherein WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF BANC OF AMERICA COMMERCIAL MORTGAGE INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-4, by and through orix capital markets, llc, as special servicer, is the Plaintiff, and AG BEAUMONT 1, LLC, a Delaware limited liability company (as to an undivided 2.2989%); AG BEAUMONT 2, LLC, a Delaware limited liability company (as to an undivided 2.8736%); AG BEAUMONT 3, LLC, a Delaware limited liability company (as to an undivided 8.8161%); AG BEAUMONT 4, LLC, a Delaware limited liability company (as to an undivided 7.2317%); AG BEAUMONT 5, LLC, a Delaware limited liability company (as to an undivided 4.7126%); AG BEAUMONT 6, LLC, a Delaware limited liability company (as to an undivided 4.4057%); AG BEAUMONT 7, LLC, a Delaware limited liability company (as to an undivided 3.1839%); AG BEAUMONT 8, LLC, a Delaware limited liability company (as to an undivided 5.8276%); AG BEAUMONT 9, LLC, a Delaware limited liability company (as to an undivided 7.2109%); AG BEAUMONT 10, LLC, a Delaware limited liability company (as to an undivided 1.4697%); AG BEAUMONT 11, LLC, a Delaware limited liability company (as to an undivided 1.4697%); AG BEAUMONT 12, LLC, a Delaware limited liability company (as to an undivided 3%); AG BEAUMONT 13, LLC, a Delaware limited liability company (as to an undivided 5.7363%); AG BEAUMONT 14, LLC, a Delaware limited liability company (as to an undivided 3.6725%); AG BEAUMONT 15, LLC, a Delaware limited liability company (as to an undivided 5%); AG BEAUMONT 16, LLC, a Delaware limited liability company (as to an undivided 2.9551%); AG BEAUMONT 17, LLC, a Delaware limited liability company (as to an undivided 3%); AG BEAUMONT 18, LLC, a Delaware limited liability company (as to an undivided 2.5633%); AG BEAUMONT 19, LLC, a Delaware limited liability company (as to an undivided 2.2989%); AG BEAUMONT 20, LLC, a Delaware limited liability company (as to an undivided 6.7815%); AG BEAUMONT 21, LLC, a Delaware limited liability company (as to an undivided 4.1954%); AG BEAUMONT 22, LLC, a Delaware limited liability company (as to an undivided 1.1494%); AG BEAUMONT 23, LLC, a Delaware limited liability company (as to an undivided 3.7931%); AG BEAUMONT 24, LLC, a Delaware limited liability company (as to an undivided 3.7931%); and AG BEAUMONT 26, LLC, a Delaware limited liability company (as to an undivided 2.561%), are the Defendants, I will sell to the highest and best bidder for cash except as set forth hereinafter, on December 3, 2012 at 10:00 a.m., via the Internet at the Hillsborough County Clerk's website for electronic on-line auctions at http://www.hillsborough.realforeclose.com, the following described property situated in Hillsborough County, as set forth in said Final Judgment, to wit:
SEE COMPOSITE EXHIBIT “A” and EXHIBIT “A-1”
ATTACHED HERETO AND MADE A PART HEREOF
COMPOSITE
EXHIBIT “A”
Mortgaged Property
All of Defendants' estate, right, title and interest in, to, under or derived from any and all of the following described property, whether now owned or hereafter acquired (collectively, the “Property”):
(A) That certain real property situated in the County of Hillsborough, State of Florida, more particularly described on Exhibit A-1 attached hereto (the “Land”);
(B) All additional lands, estates and development rights hereafter acquired by Defendants 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 Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing;
(C) The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the “Improvements”);
(D) 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 reversions 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, rights of dower, rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Defendants of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
(E) All machinery, equipment, fixtures (including, but not limited to all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), furniture, software used in or to operate any of the foregoing and other property of every kind and nature whatsoever owned by Defendants, or in which Defendants have 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 Defendants, or in which Defendants have 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 (collectively, the “Personal Property”), and the right, title and interest of Defendants 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;
(F) All leases, subleases, subsubleases, lettings, licenses, concessions or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion of the Land and the Improvements, and every modification, amendment or other agreement relating to such leases, subleases, subsubleases or other agreements entered into in connection with such leases, subleases, subsubleases or other agreements and every guarantee of performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into, whether before or after the filing by or against Defendants of any petition for relief under any Creditors Rights Law (collectively, the “Leases”) and all right, title and interest of Defendants, their 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, including, but not limited to, all rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits), accounts, cash, issues, profits, charges for services rendered, room rents and room revenues, if any, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Defendants or their agents and employees from any and all sources arising from or attributable to the Property, including all receivables, credit card receivables, rights to payment from any consumer credit card organization or entity, credit card receipts, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Defendants or Manager and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Defendants of any petition for relief under any Creditors Rights Law (collectively, 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;
(G) All insurance proceeds in respect of the Property under any 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;
(H) All awards, including interest thereon, which may heretofore and hereafter be made with respect to the Property by reason of Condemnation, whether from the exercise of the right of eminent domain or condemnation (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;
(I) 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;
(J) The right, in the name and on behalf of Defendants, 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 Lender in the Property;
(K) 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 any business or activity conducted on the Land and any part thereof, and al right, title and interest of Defendants therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Defendants thereunder;
(L) All tradenames, trademarks, servicemarks, logos, copyrigths, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property;
(M) All reserves, escrows and deposit accounts maintained by Defendants with respect to the Property, including without limitation, the Reserve Accounts;
(N) All right, title and interest of Defendants under any Tenancy in Common Agreement (as defined in the Loan Agreement);
(O) All proceeds of any of the foregoing items set forth in subsections (a) through (m) including, without limitation, Insurance Proceeds and Award; and
(P) Any and all other rights of Defendants in and to the items set forth in subsections (a) through (o) above.
As used in this Exhibit, “Defendants” collectively refers to AG BEAUMONT 1, LLC, a Delaware limited liability company (as to an undivided 2.2989%); AG BEAUMONT 2, LLC, a Delaware limited liability company (as to an undivided 2.8736%); AG BEAUMONT 3, LLC, a Delaware limited liability company (as to an undivided 8.8161%); AG BEAUMONT 4, LLC, a Delaware limited liability company (as to an undivided 7.2317%); AG BEAUMONT 5, LLC, a Delaware limited liability company (as to an undivided 4.7126%); AG BEAUMONT 6, LLC, a Delaware limited liability company (as to an undivided 4.4057%); AG BEAUMONT 7, LLC, a Delaware limited liability company (as to an undivided 3.1839%); AG BEAUMONT 8, LLC, a Delaware limited liability company (as to an undivided 5.8276%); AG BEAUMONT 9, LLC, a Delaware limited liability company (as to an undivided 7.2109%); AG BEAUMONT 10, LLC, a Delaware limited liability company (as to an undivided 1.4697%); AG BEAUMONT 11, LLC, a Delaware limited liability company (as to an undivided 1.4697%); AG BEAUMONT 12, LLC, a Delaware limited liability company (as to an undivided 3%); AG BEAUMONT 13, LLC, a Delaware limited liability company (as to an undivided 5.7363%); AG BEAUMONT 14, LLC, a Delaware limited liability company (as to an undivided 3.6725%); AG BEAUMONT 15, LLC, a Delaware limited liability company (as to an undivided 5%); AG BEAUMONT 16, LLC, a Delaware limited liability company (as to an undivided 2.9551%); AG BEAUMONT 17, LLC, a Delaware limited liability company (as to an undivided 3%); AG BEAUMONT 18, LLC, a Delaware limited liability company (as to an undivided 2.5633%); AG BEAUMONT 19, LLC, a Delaware limited liability company (as to an undivided 2.2989%); AG BEAUMONT 20, LLC, a Delaware limited liability company (as to an undivided 6.7815%); AG BEAUMONT 21, LLC, a Delaware limited liability company (as to an undivided 4.1954%); AG BEAUMONT 22, LLC, a Delaware limited liability company (as to an undivided 1.1494%); AG BEAUMONT 23, LLC, a Delaware limited liability company (as to an undivided 3.7931%); AG BEAUMONT 24, LLC, a Delaware limited liability company (as to an undivided 3.7931%); and AG BEAUMONT 26, LLC, a Delaware limited liability company (as to an undivided 2.561%).
EXHIBIT “A-1”
LEGAL DESCRIPTION
TRACT I:
Lots 1, 2, 3, 4 and 5, of WEST HILLSBOROUGH BUSINESS CENTER, a Replat of Lots C, D, E and F, of TED SAWYER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 53, Page 41, less right-of-way for Beaumont Center Boulevard East, as recorded in Official Records Book 4245, Page 966, of the Public Records of Hillsborough County, Florida.
AND
All of Lot 3 and a portion of both Lots 1 and 2, all lying within WEST HILLSBOROUGH BUSINESS CENTER UNIT II, A REPLAT OF TRACTS “G” AND “H” OF TED SAWYER SUBDIVISION, according to map or plat thereof as recorded in Plat Book 55, Page 73, of the Public Records of Hillsborough County, Florida, said portions of both Lots 1 and 2 of said WEST HILLSBOROUGH BUSINESS CENTER UNIT II, being described as follows:
That portion of Lot 1 lying West of the Northerly projection of the East right-of-way line of Beaumont Center Boulevard East,
AND
Lot 2 LESS the following described portion thereof:
Begin at the Northeast corner of said Lot 2; thence run South 00°29'30” West along the East boundary line thereof, 233.14 feet; thence North 89°27'56” West along the South boundary thereof, 251.79 feet to a point on the Northerly projection of the East right-of-way line of Beaumont Center Boulevard East; thence run North 00°32'37” East, along said projection 232.96 feet; thence run South 89°30'23” East, along the North boundary line of Lot 2 and a Westerly projection thereof, 251.58 feet to the Point of Beginning.
TRACT II:
PARCEL A:
The North 100.00 feet of the South 815.0 feet of Tract H, TED SAWYER SUBDIVISION, as recorded in Plat Book 28, Page 58, of the Public Records of Hillsborough County, Florida.
PARCEL B:
Tract H, TED SAWYER SUBDIVISION, as per map or plat recorded in Plat Book 28, Page 58 of the Public Records of Hillsborough County, Florida, LESS South 815.0 feet thereof and LESS the North 137.0 feet thereof.
PARCEL C:
The North 137.0 feet of Tract H, TED SAWYER SUBDIVISION, as per map or plat recorded in Plat Book 28, Page 58, of the Public Records of Hillsborough County, Florida.
PARCELS A, B AND C BEING ALSO DESCRIBED AS FOLLOWS:
Tract H, TED SAWYER SUBDIVISION, LESS the South 715 feet thereof, as per map or plat recorded in Plat Book 28, Page 58, of the Public Records of Hillsborough County, Florida.
PARCEL D:
Together with those easements described in that certain Grant of Utility and Landscape Easement recorded in Official Records Book 11488, Page 1500, of the Public Records of Hillsborough County, Florida, over and across the following described property:
A parcel of land lying in Lots 1 and 2, WEST HILLSBOROUGH BUSINESS CENTER UNIT II, according to map or plat thereof as recorded in Plat Book 55, Page 73 of the Public Records of Hillsborough County, Florida, being more particularly described as follows:
From the Northeast corner of aforesaid Lot 2, run thence along the North boundary of said Lot 2, North 89°29”59” West, (North 89°30'23” West - per plat), 141.09 feet to the Point of Beginning; thence South 01°19'12” East, 15.51 feet; thence South 88°39'36” West, 51.16 feet to a point of curvature; thence, Southwesterly 61.52 feet along the arc of a curve to the left, having a radius of 40.00 feet and a central angle of 88°06'59” (chord bearing South 44°36'07” West, 55.63 feet), to a point of tangency; thence South 00°32'37” West, 187.84 feet to a point of curvature, thence Southwesterly, 40.05 feet along the arc of a curve to the right, having a radius of 34.00 feet and a central angle of 67°29'13” (chord bearing South 34°17'13” West, 37.77 feet) to a point on the East right-of-way line of BEAUMONT CENTER BOULEVARD EAST and the West boundary line of the aforesaid Lot 1, thence along said East right-of-way line and West boundary of Lot 1, North 00°32'48” East, (North 00°32'37” East - per plat), 24.96 feet; thence along the Northerly projection of the said East right-of-way line North 00°32'48” East, (North 00°32'37” East - per plat), 251.37 feet to a point on the Westerly projection of the aforesaid North boundary of Lot 2, thence said Westerly projection of said North boundary of Lot 2, South 89°29'59” East, (North 89°30'23” West - per plat), 110.30 feet to the Point of Beginning.
TRACT III:
Lot “A”, of WEST HILLSBOROUGH BUSINESS CENTER, A REPLAT OF LOTS C, D, E & F, of TED SAWYER SUBDIVISION, according to the plat thereof recorded in Plat Book 53, Page 41 of the Public Records of Hillsborough County, Florida.
Property Address: Beaumont Center Boulevard East, Tampa, Florida 33634.
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.
AMERICANS WITH DISABILITIES ACT (ADA) NOTICE:
*In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs a special accommodation to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. To request such accommodation, please contact ADA Coordinator within seven (7) working days of the date the service is needed at 813-276-8100, Ext. 4205. If hearing or voice impaired call 711, or (TDD) (800) 955-8771, or (800) 955-8770 (V), via Florida Relay Service, or by email: [email protected].
DATED this 22nd day of October, 2012.
PAT FRANK, CLERK of COURT,
HILLSBOROUGH COUNTY, FLORIDA
By: Lee D. Mackson
Florida Bar No. 435929
[email protected]
SHUTTS & BOWEN LLP
Attorneys for Plaintiff
1500 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
Telephone: (305) 358-6300
6547030 3
November 2, 9, 2012 12-4812H