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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO. 11-CA-055081
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO LASALLE BANK, NATIONAL ASSOCIATION, FOR THE REGISTERED HOLDERS OF MERRILL LYNCH MORTGAGE TRUST 2006-C2, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-C2,
Plaintiff, vs.
BLS HOLDINGS, LLC, MALACHI CONSTRUCTION, INC., and BELFOR USA GROUP, INC.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Summary Final Judgment of Foreclosure dated January 11, 2013, filed in Case No. 11-CA-055081, in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, wherein U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO LASALLE BANK, NATIONAL ASSOCIATION, FOR THE REGISTERED HOLDERS OF MERRILL LYNCH MORTGAGE TRUST 2006-C2, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-C2 is the Plaintiff, and BLS HOLDINGS, LLC, MALACHI CONSTRUCTION, INC., and BELFOR USA GROUP, INC. are the Defendants, I will sell to the highest bidder or bidders for cash, at public sale at the Lee County Clerk's website for on-line auctions on February 13, 2013 at 9:00 a.m., via the Internet at www.lee.realforeclose.com, except as set forth hereinafter, in accordance with Section 45.031, Florida Statutes, the property as set forth in said Summary Final Judgment, as more particularly the subject property at issue in this action located Warehouse & Sivan Roads, Ft. Myers, Lee County, Florida (the “Mortgaged Property”), and described as follows:
(LEGAL DESCRIPTION)
See Exhibit A, attached hereto.
EXHIBIT A
LEGAL DESCRIPTION
PARCEL I:
LOT 59, EAST STADLER FARMS, LESS THE WESTERLY 8 FEET THEREOF, A SUBDIVISION IN SECTION 30, TOWNSHIP 44 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, THE MAP OR PLAT THEREOF BEING RECORDED IN PLAT BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; ALSO A PART OF LOT 60, EAST STADLER FARMS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 60 (ALSO BEING THE SAME AS THE NORTHEAST CORNER OF LOT 59) EAST STADLER FARMS, AS RECORDED IN PLAT BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE NORTH LINE OF SAID LOT 60 FOR 155 FEET; THENCE DEFLECT 90°16' TO THE RIGHT AND RUN SOUTH PARALLEL TO THE WEST LINE OF LOT 60 FOR 200.0 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF LOT 60 FOR 20 FEET; THENCE SOUTH PARALLEL TO THE WEST LINE OF LOT 60 FOR 25.0 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF LOT 60 FOR 175.0 FEET TO THE WEST LINE OF LOT 60; THENCE NORTH ALONG THE WEST LINE OF LOT 60 FOR 225.0 FEET TO THE POINT OF BEGINNING.
PARCEL II:
A TRACT OF PARCEL OF LAND LYING IN LOT 60, EAST STADLER FARMS, IN SECTION 30, TOWNSHIP 44 SOUTH, RANGE 25 EAST, AS RECORDED IN PLAT BOOK 5, PAGE 6, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT POINT ON THE NORTH LINE OF SAID LOT 60, EAST STADLER FARMS, PLAT BOOK 5, PAGE 6, AT A POINT 155 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 60; THENCE RUN EAST ALONG THE SAID NORTH LINE OF LOT 60 FOR 478.73 FEET TO THE NORTHEAST CORNER OF SAID LOT 60; THENCE RUN SOUTH ALONG THE EAST LINE OF SAID LOT 60 FOR 627.18 FEET TO THE SOUTHEAST CORNER OF SAID LOT 60; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID LOT 60 FOR 633.37 FEET TO THE SOUTHWEST CORNER OF SAID LOT 60; THENCE RUN NORTH ALONG THE WEST LINE OF SAID LOT 60 FOR 401.25 FEET TO A POINT 225 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 60; THENCE RUN EAST PARALLEL TO THE NORTH LINE OF SAID LOT 60 FOR 175.0 FEET; THENCE RUN NORTH PARALLEL TO THE WEST LINE OF SAID LOT 60 FOR 25 FEET; THENCE RUN WEST PARALLEL TO THE NORTH LINE OF SAID LOT 60 FOR 20 FEET; THENCE RUN NORTH PARALLEL TO THE WEST LINE OF SAID LOT 60 FOR 200.0 FEET TO THE POINT OF BEGINNING.
PARCEL III:
THE SOUTH ONE-HALF (S 1/2) OF LOTS 43 AND 44; AND ALL OF LOTS 53 AND 54, EAST STADLER FARMS, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 6, PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
TOGETHER WITH THAT PORTION OF VACATED HUNTER STREET DESCRIBED AS FOLLOWS:
A PARCEL OF LAND IN SECTION 30, TOWNSHIP 44 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, BEING A PORTION OF HUNTER STREET AS SHOWN ON THE PLAT OF EAST STADLER FARMS, RECORDED IN O.R. BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AND ON THE PLAT OF MECCA GARDENS, RECORDED IN PLAT BOOK 5, PAGE 63 OF SAID PUBLIC RECORDS (PORTIONS OF THE PLAT OF MECCA GARDENS HAVING BEEN VACATED BY RESOLUTION OF LEE COUNTY BOARD OF COUNTY COMMISSIONERS ON FEBRUARY 22, 1961, FILED IN COUNTY COMMISSION MINUTES BOOK 18, PAGES 82, 82A AND 82B OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 44 SOUTH, RANGE 25 EAST, THENCE NORTH 00°11'18”, WEST ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 30 FOR 1300.71 FEET; THENCE NORTH 89°32'47” EAST FOR 25.00 FEET TO THE NORTHWEST CORNER OF LOT 54 OF THE AFOREMENTIONED PLAT OF EAST STADLER FARMS; THENCE CONTINUE NORTH 89°32'47” EAST ALONG THE NORTH LINE OF SAID LOT 54 FOR 50.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 89°32'47” EAST ALONG THE NORTH LINE OF SAID LOT 54 AND LOT 53 OF SAID PLAT OF EAST STADLER FARMS, FOR 1217.42 FEET TO THE NORTHEAST CORNER OF SAID LOT 53, THENCE NORTH 00'1713” WEST FOR 50.00 FEET TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF HUNTER STREET; THENCE SOUTH 86°32'47” WEST ALONG SAID NORTH RIGHT-OF-WAY LINE FOR 1217.33 FEET; THENCE SOUTH 00°11'18” EAST FOR 50.00 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT:
THE WESTERLY 8 FEET OF LOT 54 AS CONVEYED TO LEE COUNTY, FLORIDA, A POLITICAL SUBDIVISION, BY DEED RECORDED FEBRUARY 26, 1962 IN O.R. BOOK 110, PAGE 522, PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
ALSO LESS AND EXCEPT:
THE WESTERLY 8 FEET OF THE SOUTH ONE-HALF OF LOT 43, AS CONVEYED TO LEE COUNTY, FLORIDA, A POLITICAL SUBDIVISION BY DEED RECORDED FEBRUARY 26, 1962 IN O.R. BOOK 110, PAGE 520, PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
ALSO LESS AND EXCEPT:
ALL THAT TRACT OR PARCEL OF LAND CONVEYED TO JAMES W. SCOTT, JR., AND MARTHA W. SCOTT BY DEED RECORDED IN O.R. BOOK 1268, PAGE 1382, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 53, EAST STADLER FARMS, PLAT BOOK 6, PAGE 5, LEE COUNTY RECORDS. THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 53 FOR 60 FEET TO A POINT ON THE NORTH LINE OF A ROAD RIGHT OF WAY KNOWN AS SIVAN ROAD AND THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE NORTHERLY ALONG THE WEST LINE OF LOT 53 FOR 198.76 FEET THENCE EASTERLY AND PARALLEL TO THE SOUTH LINE OF LOT 53 FOR 200 FEET, THENCE SOUTHERLY AND PARALLEL TO THE WEST LINE OF LOT 53 FOR 198.76 FEET TO THE NORTH LINE OF THE ROAD RIGHT OF WAY (SIVAN ROAD) THENCE WEST ALONG THE SAID NORTH RIGHT OF WAY LINE OF 200 FEET TO THE POINT OF BEGINNING. SECTION 30, TOWNSHIP 44 SOUTH, RANGE 25 EAST.
ALSO LESS AND EXCEPT:
ALL THAT TRACT OR PARCEL OF LAND CONVEYED TO PAN AMERICAN ALUMINUM CORPORATION BY DEED RECORDED IN O.R. BOOK 1345, PAGE 789 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
A TRACT OR PARCEL OF LAND IN LOT 54, EAST STADLER FARMS, LYING IN SECTION 30, TOWNSHIP 44 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA AS RECORDED IN PLAT BOOK 5, PAGE 6 OF THE PUBLIC RECORDS OF SAID COUNTY; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 54, THENCE RUN NORTH ALONG THE WEST LINE OF SAID LOT 54 FOR 60 FEET, THENCE EASTERLY AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 54 FOR 8 FEET TO THE POINT OF BEGINNING, THENCE RUN NORTH ALONG THE EAST RIGHT OF WAY LINE OF HARDEE STREET FOR 300 FEET THENCE EASTERLY AND PARALLEL WITH THE SOUTH LINE OF LOT 54, AND THE NORTH RIGHT OF WAY LINE OF SIVAN ROAD FOR 200 FEET, THENCE SOUTHERLY FOR 300 FEET TO THE NORTH RIGHT OF WAY LINE OF SIVAN STREET, LYING 60 FEET NORTH AND PARALLEL TO THE SOUTH PROPERTY LINE OF SAID LOT 54, THENCE WESTERLY ALONG THE NORTH RIGHT OF WAY LINE OF SAID SIVAN STREET FOR 200 FEET TO THE POINT OF BEGINNING.
ALSO LESS AND EXCEPT:
ALL THAT TRACT OR PARCEL OF LAND CONVEYED TO GENE T. REUTER BY DEED RECORDED IN O.R. BOOK 3447, PAGE 1639 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 30, TOWNSHIP 44 SOUTH, RANGE 25 EAST, BEING A PORTION OF EAST STADLER FARMS SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 44 EAST STADLER FARMS, RECORDED IN PLAT BOOK 5, PAGE 6, PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE N.00°14'26”W., ALONG THE EAST LINE OF SAID LOT 44 AND THE WEST LINE OF THAT PORTION OF FORD STREET AS VACATED IN COUNTY COMMISSIONERS MAP BOOK 11, PAGE 89, OF SAID PUBLIC RECORDS FOR 318.82 FEET TO THE NORTHEAST CORNER OF THE SOUTH ONE HALF OF SAID LOT 44; THENCE S.89°28'49”W., ALONG THE NORTH LINE OF SAID SOUTH ONE HALF FOR 633.71 FEET TO THE NORTHWEST CORNER OF SAID SOUTH ONE HALF; THENCE S.00°14'36”E., ALONG THE WEST LINE OF SAID LOT 44 AND THE EAST LINE OF LOT 43 OF SAID EAST STADLER FARMS FOR 343.33 FEET TO A POINT ON THE CENTER LINE OF THAT PORTION OF HUNTER STREET VACATED IN OFFICIAL RECORDS BOOK 2089, PAGE 997, OF SAID PUBLIC RECORDS; THENCE N.89°31'29”E., ALONG SAID CENTER LINE FOR 633.69 FEET TO A POINT ON THE WEST LINE OF SAID VACATED FORD STREET; THENCE N.00°14'26”W., 25.00 FEET TO THE POINT OF BEGINNING.
ALSO LESS AND EXCEPT:
ALL THAT TRACT OR PARCEL OF LAND CONVEYED TO APOLLO ENTERPRISES OF MIAMI, INC, BY DEED RECORDED IN O.R. BOOK 3447, PAGE 1639 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 30, TOWNSHIP 44 SOUTH, RANGE 25 EAST, BEING A PART OF THE SOUTH HALF OF LOT 43, EAST STADLER FARMS, PLAT BOOK 5, PAGE 6, LEE COUNTY PUBLIC RECORDS, AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 43; THENCE S.89°30'03,W., ALONG THE SOUTH LINE OF SAID LOT 43, FOR 283.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S.89°30'03”W., ALONG SAID SOUTH LINE, FOR 342.48 FEET; THENCE N.00°16'11”W., PARALLEL WITH AND 8.00 FEET EASTERLY OF (AS MEASURED ON A PERPENDICULAR) THE WEST LINE OF SAID LOT 43, FOR 317.84 FEET; THENCE N.89°27'23”E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID LOT 43, FOR 342.49 FEET; THENCE S.00°16'01”E., FOR 318.11 FEET TO THE POINT OF BEGINNING.
ALSO LESS AND EXCEPT:
ALL THAT TRACT OR PARCEL OF LAND CONVEYED TO 3 G'S, LLC. BY DEED RECORDED AS DOCUMENT NUMBER 2005000050998 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS;
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 30, TOWNSHIP 44 SOUTH, RANGE 25 EAST, BEING A PART OF THE SOUTH HALF OF LOT 43, EAST STADLER FARMS, PLAT BOOK 6, PAGE 5, LEE COUNTY PUBLIC RECORDS, AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 43; THENCE S.89°30'03”W., ALONG THE SOUTH LINE OF SAID LOT 43, FOR 283.20 FEET; THENCE N.00°16'11” W., FOR 318.11 FEET; THENCE N.89°27'23”E., ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID LOT 43, FOR 283.22 FEET; THENCE S.00°16'01”E., ALONG THE EAST LINE OF SAID LOT 43, FOR 318.33 FEET TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON SAID SOUTH LINE OF LOT 43 AS BEARING S.89°30'03”W.
ALSO LESS AND EXCEPT:
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 30, TOWNSHIP 44 SOUTH, RANGE 25 EAST, BEING A PART OF LOTS 53 AND 54, EAST STADLER FARMS, PLAT BOOK 5, PAGE 6, LEE COUNTY PUBLIC RECORDS, AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 53; THENCE S.00°15'52”E., ALONG THE EAST LINE OF SAID LOT 53, FOR 257.54 FEET; THENCE S.89'30'03'W., LEAVING SAID EAST LINE, FOR 633.67 FEET TO THE COMMON LINE BETWEEN SAID LOTS 53 AND 54; THENCE CONTINUE 5.89°30'03”W., FOR 425.67 FEET; THENCE S.00°16'11”E., FOR 8.00 FEET; THENCE S.89°35'24”W., ALONG THE NORTH LINE OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 1345, PAGE 789, SAID PUBLIC RECORDS, FOR 200.00 FEET; THENCE N.00°16'11”W., PARALLEL WITH AND 8.00 FEET EASTERLY OF (AS MEASURED ON A PERPENDICULAR) THE WEST LINE OF SAID LOT 54, FOR 265.23 FEET; THENCE N.89°30'03”E., ALONG THE SOUTH RIGHT OF WAY LINE OF HUNTER STREET (50.00 FEET WIDE), FOR 42.00 FEET; THENCE N.00°16'11”W., ALONG THE EAST END OF SAID HUNTER STREET, FOR 50.00 FEET; THENCE N.89°30'03”E., ALONG THE FORMER NORTH RIGHT OF WAY LINE OF SAID HUNTER STREET, VACATED AS PER OFFICIAL RECORDS BOOK 2089, PAGE 997, SAID PUBLIC RECORDS, FOR 583.68 FEET; THENCE S.00°16'01”E., FOR 25.00 FEET TO THE CENTERLINE OF SAID VACATED HUNTER STREET; THENCE N.89°30'03”E., ALONG SAID CENTERLINE, FOR 633.68 FEET; THENCE S.00°15'52”E., ALONG THE END OF SAID VACATED HUNTER STREET, FOR 25.00 FEET TO THE POINT OF BEGINNING.
Plaintiff's lien encumbers the subject personal property / collateral located in Lee County, Florida, and described in Exhibit B attached hereto.
EXHIBIT B
RIDER A TO UCC
Debtor:
BLS HOLDINGS, LLC a Florida limited liability company
Secured Party:
Merrill Lynch Mortgage Lending, Inc., a Delaware corporation
All rights, interests and estates now owned, or hereafter acquired by Debtor in, to or under the following (collectively, the “Property”):
1. Land. The real property described in Exhibit A attached hereto and made a part hereof (the “Land”);
2. 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 be expressly made subject to the lien of the Mortgage, Assignment of Leases and Rents and Security Agreement (the “Security Instrument”);
3. 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”);
4. 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 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 Debtor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
5. Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), furniture and other property of every kind and 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, 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”), 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”), and all proceeds and products of the above;
6. Leases and Rents. All leases, subleases, 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, or other agreements entered into in connection with such leases, subleases, or other agreements and every guarantee of the 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 Debtor of any petition for relief under any Creditors Rights Laws (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 any Creditors Rights Laws (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;
7. Insurance Proceeds. 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;
8. Condemnation Awards. 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 (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;
9. 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;
10. 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;
11. 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 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;
12. Intangibles. 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;
13. Accounts. All reserves, escrows and deposit accounts maintained by Debtor with respect to the Property including, without limitation, the Clearing Account, the Cash Management Account and all accounts established pursuant to Article 9 of the Loan Agreement together with all deposits or wire transfers made to the Clearing Account or the Cash Management Account and 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;
14. Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing items set forth in subsections (a) through (m) including, without limitation, Insurance Proceeds and Awards, into cash or liquidation claims; and
15. Other Rights. Any and all other rights of Debtor in and to the items set forth in subsections (a) through (n) above.
All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Security Instrument.
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.
DATED THIS 15 day of January, 2013.
LINDA DOGGETT
As Clerk, Circuit Court
Lee County, Florida
(SEAL) By: S. Hughes
Deputy Clerk
John W. Bustard, Esq.
Shutts & Bowen LLP
1500 Miami Center
201 South Biscayne Boulevard
Miami, FL 33131
Tel. (305) 358-6300
Jan. 25; Feb. 1, 2013 13-00331L