13-01677W

FIFTH AMENDED NOTICE OF SALE
CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
ORANGE COUNTY, FLORIDA
COMPLEX BUSINESS LITIGATION COURT
Case No.: 2011-CA-008067-O
Division 43
WELLS FARGO BANK, N.A., as successor-by-merger to Wachovia Bank, N.A., a national banking association,
Plaintiff, v.
MAGUIRE GROVES, LLC,
a Florida limited liability company; PLANTATION GROVE MASTER ASSOCIATION, INC., a Florida corporation; and UNKNOWN OWNERS AND/OR TENANTS IN POSSESSION,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to a Final Judgment entered in the above-styled cause in the Circuit Court of Orange County, Florida the Clerk of Court shall hold a sale for the subject property described as:
See Exhibits “A” and “B” attached hereto and made a part hereof by reference as if fully set forth herein for legal description.
EXHIBIT “A”
Property Description
REAL PROPERTY:
PARCEL 1: (FEE SIMPLE ESTATE)
Lot 2, of PLANTATION GROVE SHOPPING CENTER, according to the Plat thereof, as recorded in Plat Book 43, at Page{s) 10, of the Public Records of Orange County, Florida
NOW KNOWN AS:
Lot 1, MAGUIRE GROVES, according to the plat thereof, as recorded in Plat Book 66, Pages 78 and 79, Public Records Orange County, Florida.
PARCEL 2: (NON-EXCLUSIVE EASEMENT ESTATE)
Together with Non-Exclusive Easement Rights as set forth and contained in that certain Plantation Grove Master Declaration of Covenants, Conditions and Restrictions recorded May 23, 1989 in Official Records Book 4082, Page 4802; Transfer of Developer Rights under Plantation Grove Master Declaration of Covenants, Conditions and Restrictions recorded April 27, 1990 in Official Records Book 4178, Page 3333; Disclaimer and Release recorded May 16, 1994 in Official Records Book 4741, Page 2368, all of the Public Records of Orange County, Florida, over, under and across the lands described therein.
PARCEL 3; (NON-EXCLUSIVE EASEMENT ESTATE)
Together with Non-Exclusive Easement Rights for Reciprocal Ingress and Egress as set forth and contained in that certain Declaration of Easements, Covenants and Restrictions recorded March 17, 1994 in Official Records Book 4712, Page 3644; as amended by First Amendment to Declaration of Easements, Covenants and Restrictions recorded May 16, 1994 in Official Records Book 4741, Page 2378; Second Amendment to Declaration of Easements, Covenants and Restrictions recorded August 4, 1994 in Official Records Book 4777, Page 3641; Third Amendment to Declaration of Easements, Covenants and Restrictions recorded June 14, 1996 in Official Records Book 5073, Page 3298; Fourth Amendment to Declaration of Easements, Covenants and Restrictions recorded February 5, 1999 in Official Records Book 5675, Page 1522, all of the Public Records of Orange County, Florida, over, under and across the lands described therein.
PARCEL 4: (NON-EXCLUSIVE EASEMENT ESTATE)
Together with Non-Exclusive Easement Rights for Signage and Landscaping as set forth and contained in that certain Declaration of Easements, Covenants and Restrictions recorded November 8, 1999 In Official Records Book 5876, Page 2945, Public Records of Orange County, Florida, over, under and across the following described property:
Lot 1, PLANTATION GROVES SHOPPING CENTER, according to the plat thereof, as recorded In Plat Book 43, Page 10, Public Records of Orange County, Florida.
PARCEL 5; (NON-EXCLUSIVE EASEMENT ESTATE)
Together with Non-Exclusive Easement Rights for Drainage as set forth and contained in that certain Drainage Easement from Maguire Apartment Venture, Inc. to James V. Ferdinand (50%) and Robert L Ferdinand and Mary Virginia Ferdinand, his wife (50%) recorded November 8, 1999 in Official Records Book 5876, Page 2963, Public Records of Orange County, Florida, over, under and across the following described property:
A portion of the Northwest 1/4 of Section 32, Township 22 South, Range 28 East, Orange County, Florida.
Being more particularly described as follows:
Commence at the most Westerly corner of Lot 230, Cross Creek, Phase II, according to the plat thereof as recorded in Plat Book 27, Pages 16 through 18 of the Public Records of Orange County, Florida; thence South 08°26'23” East, along the Westerly line of said Cross Creek, Phase II, a distance of 114.91 feet; thence departing said line, South 83°46'29” West, a distance of 16.81 feet to the Point of Beginning; thence South 11°15'25” East, a distance of 202.10 feet; thence South 03°00'08” East, a distance of 246.50 feet; thence South 89°32'04” West, a distance of 168.41 feet; thence South 40°16'06” West, a distance of 57.53 feet; thence South 55°34'38” East, a distance of 67.97 feet; thence South 17°10'06” West, a distance of 22.10 feet; thence South 89°54'50” West, a distance of 141.71 feet; thence North 49°44'06” West, a distance of 53.44 feet; thence South 89°51'27” West, a distance of 65.28 feet; thence South 53°05'45” West, a distance of 57.68 feet to a point lying 10.00 feet North of the Northerly right of way line of Moore Road per Official Records Book 4343, Pages 4532 and 4533 of the Public Records of Orange County, Florida; thence South 89°54'50” West, parallel with and 10.00 feet North of said Northerly right of way line, a distance of 41.06 feet; thence North 45°05'10” West, a distance of 12.43 feet; thence North 00°05'10” West, a distance of 25.71 feet; thence South 89°54'50” West, a distance of 1.40 feet to an Intersection with the Easterly line of that certain property known as Phase III shown as exhibit “E”, as recorded In Official Records Book 4712, Pages 3644 through 3679 of the Public Records of Orange County, Florida; thence North 00°21'35” West, along said line, a distance of 30.00 feet; thence departing said line, North 89°54'50” East, a distance of 1.54 feet; thence North 00°05'10” West, is distance of 25.71 feet; thence North 44°54'50” East, is distance of 12.21 feet; thence North 89°44'35” East, is distance of 63.49 feet; thence South 58°15'40” East, a distance of 10.19 feet; thence South 18°13'21” East, a distance of 30.62 feet; thence North 89°51'27” East, a distance of 60.97 feet; thence North 15°04'14” West, is distance of 15.01 feet; thence North 34°39'12” East, a distance of 14.67 feet; thence North 89°38'23” East, is distance of 92.00 feet; thence South 55°34'38” East, a distance of 26.29; thence North 40°16'06” East, a distance of 74.36 feet; thence North 89°32'04” East, a distance of 150.81 feet; thence North 03°00'08” West, a distance of 212.97 feet; thence North 11°15'25” West, a distance of 208.89 feet; thence South 67°37'26” East, a distance of 13.12 feet; thence North 83°46'29” East, a distance of 19.15 feet to the Point of Beginning.
(For purposes of this Exhibit “A”, the foregoing shall be referred to herein as the “Land.”)
Together with the following personal property:
All now owned or hereafter acquired contract rights, rents and leases now or hereafter existing in connection with or affecting the real property (the “Land”) described on Exhibit “A” attached hereto above and made a part hereof; and the personal property of Debtor more particularly described in Exhibit “B” attached hereto and made a part hereof, located in or upon, pertaining to, or used or useful in connection with, any part of the Land or the buildings and improvements now or hereafter located thereon, or the business conduced thereon or therefrom.
EXHIBIT “B”
Exhibit “B” to UCC from MAGUIRE GROVES, LLC, a Florida limited liability company (“Debtor”) and for the benefit of WACHOVIA BANK, NATIONAL ASSOCIATION (“Secured Party”).
Description of Collateral:
ALL OF DEBTOR'S right, title and interest in and to the following, whether now existing or hereafter acquired: (i) all fixtures, machinery, equipment and other articles of real, personal or mixed property attached to, situated or installed in or upon, or used in the operation or maintenance of, the real property (the “Land”) described on Exhibit “A” attached hereto, wherein the record owner is Debtor, or any buildings or improvements situated thereon, whether or not such real, personal or mixed property is or shall be affixed to the Land; (ii) all building materials, building machinery and building equipment delivered on site to the Land during the course of, or in connection with, any construction, repair or renovation of the buildings and improvements situated or to be situated thereon; (iii) all leases, licenses or occupancy agreements of all or any part of the Land and all extensions, renewals, and modifications thereof, and any options, rights of first refusal or guarantees relating thereto; all rents, income, revenues, security deposits, issues, profits, awards and payments of any kind payable under the leases or otherwise arising from the Land; (iv) all contract rights, accounts receivable and general intangibles relating to the Land or the use, occupancy, maintenance, construction, repair or operation thereof; all management agreements, franchise agreements, utility agreements and deposits; all impact fee or other credits owed from any governmental entity or private individual and rights to escrowed funds; all maps, plans, surveys and specifications; all warranties and guaranties; all permits, licenses and approvals; and all insurance policies; (v) all accounts, letter of credit rights, supporting obligations, documents, and deposits; (vi) all estates, rights, tenements, hereditaments, privileges, easements, and appurtenances of any kind benefiting the Land; all means of access to and from the Land, whether public or private; and all water and mineral rights; and (vii) all “Proceeds” of any of the above-described property, whether cash or non-cash, and including insurance proceeds and condemnation awards; and all replacements, substitutions and accessions thereof.
at public sale on July 25, 2013, beginning at 11:00 a.m. Eastern Time, or as soon thereafter as the sale may proceed, to the highest and best bidder, for cash, via Internet at www.myorangeclerk.realforeclose.com.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIEN HOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
ATTN: If you are a person with a disability who needs any accommodation in order to participate in a court proceeding or event, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: in Orange County, ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, fax: 407-836-2204; at least 7 days before your scheduled court appearance, or immediately upon receiving notification if the time before the scheduled court appearance is less than 7 days. If you are hearing or voice impaired, call 711 to reach the Telecommunications Relay Service. Dated on June 14, 2013.
By: Joshua S.M. Smith, Esq.
FBN 0955981 As Officer of the Court
FOWLER WHITE BOGGS, P.A.
P.O. Box 1438
Tampa, FL 33601
Tel.: (813) 228-7411
March 14, 21, 2013 13-01677W