12-6149W

NOTICE OF JUDICIAL
SALE BY THE CLERK
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
CASE NO.: 2011-CA-5106 BC
WELLS FARGO BANK, N.A., as trustee of the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-CIBC20, Commercial Mortgage Pass-Through Certificates, Series 2007-CIBC20, acting by and through its special servicer, C-III Asset Management LLC,
Plaintiff, vs.
RP BALDWIN RETAIL, LLC, a Delaware limited liability company, et al.,
Defendant(s).,
NOTICE IS HEREBY GIVEN: Pursuant to a Final Judgment dated September 19, 2012 and entered in Civil Action, Case Number No: 11-CA-5106 BC of the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, in which Wells Fargo Bank, N.A., as trustee of the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-CIBC20, Commercial Mortgage Pass-Through Certificates, Series 2007-CIBC20, acting by and through its special servicer, C-III Asset Management LLC is the Plaintiff, and R.P. Baldwin Retail, LLC, a Delaware limited liability company, Baldwin Park Commercial Owners Association Inc., a non-for profit, Baldwin Park Residential Owners Association, Inc. a non-for profit, Majestic Commercial Condominium Property Owners' Association Inc. and Jack L. Liberty III. 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 1st day of November, 2012, the following property described in the legal description attached hereto as Exhibit “A,”
Exhibit A
REAL PROPERTY
Parcel One:
Unit A in Building C-1; Unit A in Building C-2; Unit A in Building C-3; Unit A in Building D-1; and Unit A in Building D-2, The Majestic Commercial Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 9431, Page 3220, and any amendments thereto, Public Records of Orange County, Florida (the Declaration of Commercial Condominium); together with an undivided interest in the Common Elements as set forth in the Declaration of Commercial Condominium; which Units are located in the buildings on the land more particularly described as follows:
Lots 576, 611, 574 and 575, Baldwin Park Unit 3, according to the Plat thereof, as recorded in Plat Book 52, at Pages 103 through 112, Public Records of Orange County, Florida.
AND
Parcel Two:
Lots 627 and 628 of Baldwin Park Village Center Waterfront, according to the Plat thereof, as recorded in Plat Book 62, Pages 28 through 32, Public Records of Orange County, Florida.
AND
Parcel Three:
Together with all right, title and interest in and to the beneficial easements in that certain Declaration of Covenants, Conditions, Restrictions and Obligations recorded in Official Records Book 6723, Page 268, Amendment to Declaration recorded March 6, 2003 in Official Records Book 6815, Page 379; Second Amendment to Declaration recorded November 25, 2003 in Official Records Book 7209, Page 2067; Third Amendment to Declaration recorded July 12, 2005 in Official Records Book 8064, Page 2439; Fourth Amendment to Declaration of Covenants, Conditions, Restrictions and Obligations recorded November 17, 2006 in Official Records Book 8975, Page 4153, all of the Public Records of Orange County, Florida.
AND
Together with all right, title and interest in and to the beneficial easements in that certain Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties recorded in Official Records Book 6593, Page 3275; and Supplemental Declaration and Amendment to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties recorded in Official Records Book 6723, Page 365, Second Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties recorded in Official Records Book 6756, Page 4118, and further amended by the Third Supplemental Declaration and Amendment to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties dated April 8, 2003, recorded April 10, 2003 in Official Records Book 6863, Page 4299, and further amended by the Fourth Supplemental Declaration and Amendment to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties dated March 15, 2004, recorded March 25, 2004 in Official Records Book 7360, Page 1946, and further amended by Fifth Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties dated and recorded June 29, 2004 in Official Records Book 7505, Page 4266, and further amended by Sixth Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties dated August 23, 2004, recorded August 25, 2004 in Official Records Book 7587, Page 611, and further amended by Seventh Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties dated February 15, 2005, recorded February 22, 2005 in Official Records Book 7840, page 1402, and further amended by Eighth Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties dated February 22, 2005, recorded February 25, 2005 in Official Records Book 7847, Page 3826, and further amended by Ninth Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties dated May 5, 2005, recorded May 10, 2005 in Official Records Book 7960, Page 1913, and further amended by Tenth Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties dated July 5, 2005, recorded July 12, 2005 in Official Records Book 8064, Page 2453; Eleventh Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties recorded November 1, 2005 in Official Records Book 8278, Page 1905; Twelfth Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties recorded November 10, 2005 in Official Records Book 8298, Page 2376; Thirteenth Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties recorded January 6, 2006 in Official Records Book 8409, Page 4410; Fourteenth Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties recorded May 25, 2006 in Official Records Book 8664, Page 4700; Fifteenth Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties recorded April 26, 2006 in Official Records Book 8609, Page 2243; Sixteenth Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties recorded June 8, 2006 in Official Records Book 8688, Page 992, Seventeenth Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties recorded August 6, 2007 in Official Records Book 9379, Page 3933, Eighteenth Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties recorded June 16, 2009 in Official Records Book 9886, Page 5621, Nineteenth Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties recorded October 28, 2009 in Official Records Book 9954, Page 6024 and as amended and restated by Amended and Restated Declaration of Covenants, Conditions and Restrictions for Baldwin Park Commercial Properties recorded November 11, 2009 in Official Records Book 9961, Page 2895 and First Amendment to Baldwin Park Village Center Sign Guidelines recorded September 2, 2010 in Official Records Book 10099, Page 2104, all of the Public Records of Orange County, Florida.
AND
Together with all right, title and interest in and to the beneficial easements, rights and privileges under the Declaration of Condominium for the Majestic Commercial Condominium, a condominium recorded September 12, 2007 in Official Records Book 9431, Page 3220, as amended, Public Records of Orange County, Florida.
The following property, estates, rights, title and interests in, to and under (collectively, the “Property”) now and hereafter acquired by RP BALDWIN RETAIL, LLC, a Delaware limited liability company (the “Borrower”):
A. All that certain real property referenced on the cover page of this 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 or within the Real Estate (the “Improvements”);
C. The five (5) condominium units (each, a “Retail Unit” and collectively, the “Retail Units”) known as Unit A in Building C-1; Unit A in Building C-2; Unit A in Building C-3; Unit A in Building D-1; and Unit A in Building D-2 located on the. Real Estate and part of the condominium project commonly known as the Majestic Commercial Condominium (the “Condominium”) created pursuant to that certain Declaration of Condominium for the Majestic Commercial Condominium, a Condominium, recorded in the Public Records of Orange County, Florida on September 12, 2007 in Official Records Book 9431, Page 3220 (the “Declaration of Commercial Condominium”), together with (i) all rights, easements, rights of way, reservations and powers of the Borrower under the Act (as hereinafter defined) and the Condominium Documents (as hereinafter defined) in Borrower's capacity as owner of the Retail Units, and as developer of the Condominium, (ii) any rights that Borrower may have, in any capacity, under the Act and the Condominium Documents and (iii) all Common Elements (as defined in the Declaration of Commercial Condominium) appurtenant to the Retail Units;
D. 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 the 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, Retail Units, Common Elements and 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);
E. All easements, right-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, Retail Units, Common Elements and/or Improvements, including all of Borrower's rights as a member of the Association (as hereinafter defined) pursuant to any declarations of use or restrictive covenants or similar instruments specifically including, but not limited to, the Condominium Documents 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;
F. 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, Retail Units, Common Elements or the Improvements, or any part thereof, whether now existing or hereafter created or acquired;
G. All minerals, crops, timber, trees, shrubs, flowers and landscaping features now or hereafter located on, under or above the Real Estate;
H. All cash funds, deposit accounts and other rights and evidence of rights to cash, now or hereafter created or held by Lender pursuant to this 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, and in reserves required pursuant to Section 1.28 (all such funds, together with the Impound Account, collectively, the “Reserves”);
I. All leases (including, without limitation, oil, gas and mineral leases), subleases, licenses, concessions and occupancy agreements of all or any part of the Real Estate, Retail Units, Common Elements and the Improvements now or hereafter entered into and any guaranty thereof (each, a “Lease” and collectively, the “Leases”) and all rents, royalties, issues, profits, revenue, income, claims, judgements, awards, settlements and other benefits (collectively, the “Rents and Profits”) of the Real Estate, Retail Units, Common Elements and 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, subtenants, sublessees 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 hereinbelow;
J. All contracts and agreements now or hereafter entered into relating to the ownership or operation or management of the Real Estate, Retail Units, Common Elements and the improvements or any portion of either of them (collectively, the “Contracts”) including, without limitation, management agreements, franchise agreements, co-tenancy 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, Retail Units, Common Elements and 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, Retail Units, Common Elements and any and all warranties and guaranties relating to the Real Estate, Retail Units, Common Elements and the Improvements or any fixtures, equipment or personal property owned by Borrower and located on and/or used in connection with the Property, together with all revenue, income and other benefits thereof and all claims, judgments, awards and settlements arising thereunder;
K. 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, Retail Units, Common Elements and the Improvements;
L. 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, Retail Units, Common Elements and 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 declaration 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, Retail Units, Common Elements and the Improvements (collectively, the “General Intangibles”);
M. 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, Retail Units, Common Elements and 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, Retail Units, Common Elements and the Improvements;
N. All building materials, supplies and equipment now or hereafter placed on the Real Estate, Retail Units, Common Elements and the Improvements and all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Real Estate, Retail Units, Common Elements and the Improvements;
O. Any insurance policies or binders now or hereafter relating to the Property including any unearned premiums thereon;
P. The Declarations (as defined in Exhibit B attached hereto and incorporated herein by this reference) including, without limitation, the Declaration of Commercial Condominium;
Q. The Majestic Commercial Condominium Property Owners' Association, Inc., a Florida not for profit corporation (the “Association”), the Articles of Incorporation of the Association (the “Articles”) and the By-Laws of the Association (the “By-Laws”, the Articles and the By-Laws are collectively, the “Association Documents”, and together with the Declaration of Commercial Condominium are collectively, the “Condominium Documents”);
R. The Agreement for the Purchase and Sale of Real Property between Borrower's predecessor-in-title, as seller, and Borrower, as purchaser, as amended first amendment, second amendment and third amendment thereto;
S. 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 from and after the date hereof until the Loan is indefeasibly paid or defeased in full; and
T. 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.
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 26th day of September, 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

October 18, 25, 2012 12-6149W

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