12-7267W

NOTICE OF SALE
IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
CASE NO.: 10-CA-15136 (43)
Complex Business Litigation Court
BBX CAPITAL ASSET MANAGEMENT, LLC,
Plaintiff, vs.
THE GARDENS AT MILLENIA BOULEVARD, LLC, a Florida limited liability company; GATEWAY BANK OF FLORIDA, a Florida banking corporation; and FAIRWINDS CREDIT UNION, a cooperative association,
Defendant(s).,
NOTICE IS HEREBY GIVEN: Pursuant to a Summary Final Judgment dated November 7, 2012, entered in Civil Case number 10-CA-15136 (43) of the Circuit Court of the 9th Judicial Circuit in and for Orange County, Florida, in which BBX CAPITAL ASSET MANAGEMENT, LLC, is Plaintiff, and THE GARDENS AT MILLENIA BOULEVARD, LLC is the Defendant; the Clerk will hereby sell to the highest and best bidder for cash at www.myorangeclerk.realforeclose.com at 11:00 AM on December 12, 2012 at 11:00 a.m. the following Described property as set forth in said Final Judgment, to-wit:
(a.) Real Property:
SEE ATTACHED EXHIBIT “A”
EXHIBIT “A”
A Tract of land being a portion of Sections 8, 9 & 17, Township 23 South, Range 29 East, Orange County, Florida, being more particularly described as follows:
Begin at the Southeast corner of Lot 1, Millenia Plaza, according to the plat thereof as recorded in Plat Book 46, Page 69-71, Public Records of Orange County, Florida; thence along the East Boundary of said plat the following Eight courses; North 00º24'45” East, a distance of 613.00 feet; thence South 89º43'15” East, a distance of 65.00 feet; thence North 00º24'40” East, a distance of 690.51 feet; thence South 89º47'51” East, a distance of 262.75 feet; thence South 89º37'49” East, a distance of 94.54 feet; thence North 00º29'15” East, a distance of 706.92 feet; thence North 89º37'49” West, a distance of 94.54 feet; thence North 89º47'51” West, a distance of 293.40 feet; thence North 38º26'05” East, a distance of 815.50 feet; thence departing said East Boundary of Millenia Plaza run South 89º42'00” East along the North line of the Southwest ¼ of Section 9, Township 23 South, Range 29 East for a distance of 1,115.61 feet; thence South 00º26'51” West along the East line of the West one half of the Southwest ¼ of Section 9, Township 23 South, Range 29 East for a distance of 2594.54 feet to the North Right-of-Way of Millenia Blvd. according to Official Records Book 4328, Page 4655 and Official Records Book 4349, Page 3994 Public Records of Orange County, Florida; thence North 89º34'42” West along said Right-of-Way a distance of 1,325.50 feet; thence South 00º29'06” West along said Right-of-Way per Quit Claim Deed recorded in Official Records Book 6939, Page 89, Public Records of Orange County, Florida a distance of 6.96 feet to a point on a curve concave southerly having a tangent bearing of North 89º41'38” West and a radius of 860.00 feet; thence run westerly along the arc of said curve through a central angle of 22º17'28” for a distance of 334.58 feet; thence North 00º24'45” East, a distance of 11.08 feet to the POINT OF BEGINNING.
Lots 10 and 11 Block “F” FIRST ADDITION TO WOODHAVEN as recorded in Plat Book L, Page 130 of the Public Records of Orange County, Florida, together with that portion of Cypress Avenue vacated by Resolution recorded in Deed Book 942, Page 357 of the Public Records of Orange County, Florida; lying East of the former centerline of said Cypress Avenue, South of the Westerly extension of the North line of said Lot 10 and the North of the Westerly extension of the South line of said lot 11.
Together with:
The East 45.00 feet of Lots 10 and 11 Block “E” FIRST ADDITION TO WOODHAVEN as recorded in Plat Book L Page 130 of the Public Records of Orange County, Florida together with that portion of Cypress Avenue vacated by Resolution recorded in Deed Book 942, Page 357 of the Public Records of Orange County, Florida, lying West of the former centerline of said Cypress Avenue, South of the Easterly extension of the North line of said Lot 10 and North of the Easterly extension of the South line of said Lot 11.
Less and Except:
That portion of Lot 11, Block E and that portion of vacated Cypress Avenue, lying within the property Quit Claimed to Orange County in O.R. Book 1105, Page 517 of the Public Records of Orange County, Florida.
All of the above being more particularly described as follows:
Begin at the Southeast corner of Lot 11, Block F, First Addition to Woodhaven as recorded in Plat Book L Page 130 of the Public Records of Orange County, Florida; thence run North 00 degrees 19 minutes 51 seconds West a distance of 100.00 feet to the Northeast corner of Lot 10, Block F; thence run South 89 degrees 13 minutes 23 seconds West a distance of 270.19 feet to the Northwest corner of the East 45.00 feet of Lot 10, Block E; thence run South 00 degrees 26 minutes 07 seconds East along the West line of the East 45.00 feet of Lots 10 and 11, Block E a distance of 96.26 feet to a point on the Northerly line of lands quit claimed to Orange County by O.R. Book 1105, Page 517; thence run South 87 degrees 43 minutes 09 seconds East along said Northerly line a distance of 70.09 feet to the Point of intersection of the centerline of vacated Cypress Avenue and the Westerly extension of the South line of Lot 11 Block F; thence run North 89 degrees 37 minutes 15 seconds East, a distance of 200.00 feet to the Point of Beginning.
(b) Personal Property:
SEE ATTACHED EXHIBIT “B”
EXHIBIT “B”
THE GARDENS AT MILLENIA BOULEVARD, LLC
DEBTOR: THE GARDENS AT MILLENIA BOULEVARD, LLC, a Florida limited liability company
SECURED PARTY: BANKATLANTIC
All buildings, structures and improvements of every nature whatsoever now or hereafter situated on the real property described on Schedule “1” attached hereto (the “Property”), and all fixtures, machinery, appliances, equipment, furniture, and property of every nature whatsoever, now or hereafter owned by Debtor and located in or on, or attached to, or used or intended to be used in connection with the operation of, the Property, buildings, structures or other improvements, such as, without limitation, all apparatus, machinery, appliances, equipment, radiators, ranges, refrigerators, awnings, shades, blinds, incinerating equipment, power equipment, engines, pipes, pumps, tanks, motors, conduits, switchboards, lifting, cleaning, fire prevention, fire extinguishing, ventilating and communications apparatus, boilers, vacuum cleaning systems, elevators, escalators, screens, storm doors and windows, stoves, wall beds, attached cabinets, partitions, ducts, compressors, rugs and carpets, draperies, furniture and furnishings.
All building materials and equipment now or hereafter delivered to the Property and intended to be installed therein including, but not limited to, lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wall heaters, screens, window frames, glass doors, flooring, paint, lighting fixtures, and unattached refrigerating, cooking, heating, ventilating, and air conditioning ducts, appliances and equipment, kitchen goods, hotel goods, restaurant goods, bar goods, tools lawn equipment, floor coverings, and elevators.
All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber, and other emblements now or hereafter on the Property, or under or above the same, or any part or parcel thereof.
All easements, rights-of-way, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over, and/or upon the Property, or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes, and appurtenances; and all paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Property, or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Debtor, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim to all judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the Property, or any part thereof, under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Property, or any part thereof, or to any rights appurtenant thereto. Also all architectural building plans and specifications and all abstracts of title relating to the Property.
All of Debtor's right, title and interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by or on behalf of Debtor, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.
All of Debtor's right, title and interest as seller, in and to all agreements for the sale of the Property, or any part thereof, heretofore made and entered into, and in and to all sale agreements hereafter made and entered into, by or on behalf of Debtor, together with all deposits and payments in connection therewith, together with any and all guarantees of such agreements, together with any and all receivables now or hereafter due Debtor with respect to such agreements.
All of Debtor's right, title and interest in and to all unearned premiums accrued, accruing, or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property or personal property, or (b) rents, revenues, income, profits or proceeds from service agreements or contracts, leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights and accounts of Debtor now or hereafter arising from contract now or hereafter entered into in connection with development, construction upon or operation of the Property (including without limitation, all warranties or guaranties by third parties, all deposits held by or on behalf of Debtor, and all management franchise, license and service agreements related to the business now or hereafter conducted by Debtor on the Property).
All accounts, contract rights, goods, inventory, intangible personal property, permits, licenses, liquor licenses, and all personal property, whether actually or constructively attached to, connected with, or associated with the Property now or hereafter owned by Debtor.
All of Debtor's right, title and interest in and to all DRI approvals, development agreements, development orders, site plans, zoning and land use rights, association documents, easements, and all other rights, approvals, petitions, instruments, entitlements and agreements applicable to the development and use of the Property.
All of the right, title and interest of Debtor in and to any trademarks, trade names, names of businesses, or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Property.
All of Debtor's interest in all utility security deposits or bonds on the Property or any part or parcel thereof.
All of Debtor's right to recover distributions made to members of Debtor pursuant to Chapter 608, Florida Statutes or in accordance with any documentation governing Debtor.
All of Debtor's right, title and interest (i) as “Developer” of the Property, as such term is defined in Chapter 718 or 721, Florida Statutes; or (ii) as declarant under one or more Declaration of Condominium filed or to be filed and relating to any portion of the Property; and (iii) in and to all condominium documents and time share documents and approvals of the same relating to any portion of the Property.
All of Debtor's right, title and interest in and to all instruments, documents, chattel papers and general intangibles relating to or arising from the foregoing collateral, and all cash and non-cash proceeds and products thereof.
All of Debtor's right, title and interest in and to all products, proceeds, additions, improvements, and accessions thereto, and replacements, renewals, accessions, or substitutions thereto, in and to any of the items hereinabove set forth.
Legal Description begins on the following page (RECORD OWNER: THE GARDENS AT MILLENIA BOULEVARD, LLC, a Florida limited liability company).

DATED this 19th day of November, 2012
By: William C. Davell, Esquire
Florida Bar No.: 210481
MAY MEACHAM & DAVELL, P.A.
One Financial Plaza, Suite 2602
Fort Lauderdale, Florida 33394
Office: (954) 763-6006
Fax: (954) 764-5367
November 22, 29, 2012 12-7267W