13-03142W

CLERK'S NOTICE OF SALE
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO.: 2012-CA-009955-O
DIVISION: 32
COMPLEX BUSINESS
LITIGATION
KENNEDY FUNDING, INC.,
a New Jersey corporation, as agent for certain Co-Lenders,
Plaintiff, vs.
BVC PARTNERS I, LLC, a Florida limited liability company;
SHAMANAND MAHARAJ KULDIP, a/k/a SHAM MAHARAJ; MIDTOWN
MASTER OWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation,
f/k/a MARBELLA MASTER OWNERS' ASSOCIATION, INC.; MIDTOWN PHASE I OWNERS' ASSOCIATION, INC., a Florida non-for-profit corporation, f/k/a MARBELLA PHASE I OWNERS' ASSOCIATION, INC.; MIDTOWN PHASE II OWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation, f/k/a MARBELLA PHASE II OWNERS'
ASSOCIATION, INC.; MOHAMED R. BELAL; DR. MOHAMED A. ELTAYEB;
BVC ASSET MANAGEMENT, LLC, a Florida limited liability company;
EMERALD GABLES I, LLC, a
Pennsylvania limited liability company;
EMERALD GABLES II, LLC, a
Pennsylvania limited liability company;
EMERALD GABLES III, LLC, a,
Pennsylvania limited liability company;
EMERALD GABLES IV, LLC, a
Pennsylvania limited liability company;
EMERALD GABLES V, LLC, a
Pennsylvania limited liability company;
EMERALD GABLES VI, LLC, a
Pennsylvania limited liability company;
EMERALD GABLES VII, LLC, a
Pennsylvania limited liability company;
EMERALD GABLES VIII, LLC, a
Pennsylvania limited liability company;
HILTON RESORTS CORPORATION,
a Delaware corporation; BVC PARTNERS X, LLC, a Florida limited liability company; BVC PARTNERS XII, LLC, a Florida limited liability company;
UTILITY SYSTEMS CONSTRUCTION, INC., a Florida corporation; TAFT SOUTHERN HOLDINGS INCORPORATED, a Florida corporation;
BLUE SEAS ASSOCIATES, a Florida general partnership; GALIL HOLDINGS, L.C., a dissolved Florida limited liability company, as general partner
of and d/b/a BLUE SEAS ASSOCIATES, a Florida general partnership; and ATLANTIC BLUE SEAS, L.C., a dissolved Florida limited liability company, as general partner of and d/b/a BLUE SEAS ASSOCIATES, a Florida general partnership, if alive, or if dead, their unknown spouses, heirs, devisees,
grantees, creditors and all parties claiming interest by, through, under or against a defendant named in this action, and all
persons having or claiming to have any right, title or interest in the property herein described, and all known or unknown sub-contractors, sub-sub-contractors, and materialmen who may claim a right to file a claim of lien, and
XYZ CORPORATION, Unknown Tenant, and JOHN DOE and JANE DOE, Unknown Tenants,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Summary Final Judgment of Foreclosure dated the 15th day of May, 2013 and entered in Civil Action Number: 2012-CA-009955-O in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida, LYDIA GARDNER, Clerk of the above-entitled Court, will sell to the highest and best bidder, or bidders, for cash, via the Internet: www.myorangeclerk.realforeclose.com, at 11:00 a.m. on the 17th day of June, 2013 the real and personal property described as follows and as set forth in said Summary Final Judgment of Foreclosure situate in Orange County, Florida:
A. The real estate located in Orange County, State of Florida, as more particularly described as follows:
Parcel 1:
Lots 1 and 2, and Tracts A and B, RUBY LAKE, according to the plat thereof, as recorded in Plat Book 67, Pages 42 through 48, Public Records of Orange County, Florida.
LESS AND EXCEPT THE FOLLOWING:
Hilton Parcel:
A portion of the Northeast ¼ of Section 15, Township 24 South, Range 28 East, Orange County, Florida, being more particularly described as follows:
Commence at the Southeast corner of the Northeast ¼ of said Section 15; thence along the East line of the Northeast ¼ of said Section 15, North 00°00'35” East, 159.63 feet to the Point of Beginning; thence, departing said East line, South 53°09'05” West, 69.03 feet to the point of curvature of a curve concave to the Northwest having a central angle of 37°07'22”, a radius of 220.00 feet, and a chord bearing and distance of South 71°42'46” West, 140.06 feet; thence Southwesterly along the arc of said curve, 142.54 feet to the point of tangency of said curve; thence, North 89°43'33” West, 96.25 feet to the point of curvature of a curve concave to the Northeast having a central angle of 58°04'47”, a radius of 16.00 feet, and a chord bearing and distance of North 60°41'10” West, 15.53 feet; thence Northwesterly along the arc of said curve, 16.22 feet to a point of reverse curvature of a curve concave to the Southwest having a central angle of 91°42'40”, a radius of 71.00 feet, and a chord bearing and distance of North 77°30'06” West, 101.90 feet; thence Northwesterly along the arc of said curve, 113.65 feet; thence departing said curve on a radial line, North 33°21'26” West, 134.53 feet to the point of curvature of a curve concave to the Southwest having a central angle of 56°22'06”, a radius of 500.00 feet, and a chord bearing and distance of North 61°32'29” West, 472.31 feet; thence Northwesterly along the arc of said curve 491.91 feet to the point of tangency of said curve; thence departing said curve, North 89°43'32” West, 1067.97 feet; thence South 00°16'27” West, 100.32 feet thence, South 63°56'24” West, 26.33 feet; thence, North 30°16'39” West, 28.95 feet; thence, South 79°11'58” West, 114.12 feet; thence, South 57°38'46” East, 76.00 feet; thence South 77°38'10” West, 13.57 feet; thence South 76°26'50” West, 58.37 feet; thence, South 66°36'10” West, 63.88 feet; thence, North 56°55'25” West, 15.43 feet; thence, South 41°57'51” West, 64.69 feet; thence, South 67°37'27” West, 83.81 feet; thence South 58°44'45” West, 16.95 feet to a point on the West line of Lots 39 and 58 as described in Official Records Book 5517, Pages 2492-2494, said point being North 00°18'02” East, 163.34 feet from the Southwest corner of said Lot 58; thence along said West line, North 00°18'02” East, 1179.39 feet to the Northwest corner of said Lot 39; thence along the North line of Lot 39, 38, and 37 as described in said Official Records Book 5517, Pages 2492-2494, South 89°17'53” East, 710.85 feet to a point on a non-tangent curve concave to the Northeast having a central angle of 20°39'39”, a radius of 585.00 feet, and a chord bearing and distance of South 77°13'49” East, 209.81 feet; thence, Southeasterly along the arc of said curve 210.95 feet to the point of tangency of said curve; thence South 87°33'39” East, 905.99 feet to the point of curvature of a curve concave to the Southwest having a central angle of 22°36'56”, a radius of 415.00 feet, and a chord bearing and distance of South 76°15'11” East, 162.75 feet; thence Southeasterly along the arc of said curve 163.81 feet to a point of compound curvature of a curve concave to the Southwest having a central angle of 25°05'40”, a radius of 666.00 feet, and a chord bearing and distance of South 44°32'28” East, 289.37 feet; thence Southeasterly along the arc of said curve, 291.70 feet to a point of compound curvature of a curve concave to the Southwest having a central angle of 23°56'01”, a radius of 415.00 feet, and a chord bearing and distance of South 12°10'13” East, 172.10 feet; thence Southeasterly along the arc of said curve 173.35 feet to the point of tangency of said curve; thence, South 00°12'13” East, 359.27 feet to the point of curvature of a curve concave to the Northeast having a central angle of 32°29'42”, a radius of 585.00 feet, and a chord bearing and distance of South 16°27'04” East, 327.35 feet; thence Southeasterly along the arc of said curve 331.78 feet to a point on the East line of said Northeast ¼ of Section 15, said point being South 00°00'35” West, 1150.29 feet from the Northeast corner of the Southeast ¼, of the Northeast ¼, of Section 15, Township 24 South, Range 28 East; thence along said East line South 00°00'35” West, 15.42 feet to the Point of Beginning.
Parcel 2:
Lot 2 and Tracts “A” and “B”, MARBELLA - PHASE 1, according to the plat thereof, as recorded in Plat Book 42, Pages 149 and 150, Public Records of Orange County, Florida; and
together with all right, title and interest of Mortgagor in and to (a) all streets, roads, alleys, easements, rights-of-way, licenses, rights of ingress and egress, vehicle parking rights and public places, existing or proposed, abutting, adjacent, used in connection with or pertaining to the real property or the Improvements (as hereinafter defined); (b) any strips or gores between the real property and abutting or adjacent properties; and (c) all water and water rights, timber, crops and mineral interests pertaining to the real property (such real estate and other rights, titles and interests being hereinafter sometimes called “Land”);
B. All buildings, structures and other improvements or any part thereof, now or hereafter situated on or under the Land and all restorations and replacements thereof (“Improvements”);
C. All fixtures and systems and articles of personal property, of every kind and character, now owned or hereafter acquired by Mortgagor (Mortgagor's successors or assigns), which are now or hereafter attached to the Land or the Improvements, or used in or necessary to complete the proper planning, development, use, occupancy or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use or installation in or on the Land or the Improvements, and all renewals and replacements of, substitutions for and additions to the foregoing, including, but without limiting the foregoing, all of the following items now owned or hereafter acquired by Mortgagor, any and all fixtures, systems, heating, ventilating, air conditioning, refrigerating, plumbing, water, sewer, lighting, generating, cleaning, storage, incinerating, waste disposal, sprinkler, fire extinguishing, communications, transportation (of people or things, including, but not limited to, stairways, elevators, escalators and conveyors), data processing, security and alarm, laundry, food or drink preparation, storage of serving, gas, electrical and electronic, water, and recreational uses or purposes; all tanks, pipes, wiring, conduits, ducts, doors, partitions, floor coverings, wall coverings, windows, window screens and shades, awnings, fans, motors, engines and boilers; motor vehicles; decorative items and art objects; and files, records and books of account (all of which are herein sometimes referred to together as “Accessories”);
D. All (a) plans and specifications for the Improvements; (b) contracts relating to the Land or the Improvements or the Accessories or any part thereof; (c) deposits including, but not limited to, Mortgagor's rights in tenants' security deposits (if any), deposits with respect to utility services to the Land or the Improvements or the Accessories or any part thereof, and any deposits or reserves hereunder or under any other Loan Document (as hereinafter defined) for taxes, insurance or otherwise, funds, accounts, contract rights, instruments, documents, commitments, general intangibles, notes and chattel paper used in connection with or arising from or by virtue of any transactions related to the Land or the Improvements or the Accessories or any part thereof; (d) permits, licenses, franchises, bonds, certificates and other rights and privileges obtained in connection with the Land or the Improvements or the Accessories or any part thereof; (e) leases, rents, royalties, bonuses, issues, profits, revenues and other benefits of the Land, the Improvements and the Accessories; (f) the Entitlements (as hereinafter defined); and (f) other properties, rights, titles and interests, if any, specified in any Section or any Article of this Mortgage as being part of the Property;
E. All proceeds, products, consideration, compensation and recoveries, direct or consequential, cash and noncash, of or arising from, as the case may be, (a) the properties, rights, titles and interests referred to above in paragraphs (A), (B), (C) and (D); (b) any sale, lease or other disposition thereof; (c) each policy of insurance relating thereto (including premium refunds); (d) the taking thereof or of any rights appurtenant thereto by eminent domain or sale in lieu thereof for public or quasi-public use under any law; and (e) any damage thereto whether caused by such a taking (including change of grade of streets, curb cuts or other rights of access) or otherwise caused;
F. All entitlements allowed under the approved Planned Development zoning (the “PD”) as the same has been modified from time to time, including, but not limited to those enumerated as follows:
Land Use Commercial (SF) Hotel (Unit) Timeshares/Villas (Unit) Office (SF) Trips Max Bldg Height
Trip Rate 0.040/SF 8.10/Unit 5.00/Unit 0.010/SF
PD Entitlement 480000 900 3600 72000 45217
Phase 1 Lake Ruby (1) -
Lot 1A Ashford Buena
Vista Marriott 210 1701 300'
Phase 1 Lake Ruby (2) -
Lot 1B - Dinesh Kalidas, Trustee 267 2163 300'
Phase1 Lake Ruby (3)-
2.76 AC - Lot 1C - RTD-One
Inc. 23,460 940 300'
Phase 1 Lake Ruby - Lot 2 300'
Phase 2 Lake Ruby - Lot 3 300'
Phase 2 Lake Ruby - Lot 4 300'
Phase 2 Lake Ruby - Lot 5 150'
Phase 2 Lake Ruby - Lot 7 300'
Phase 2 Lake Ruby - Lot 8 300'
Phase 2 Lake Ruby - Lot 9 80'
Phase 3 Lake Ruby - Lot 10 -
Blue Seas Association 334,575 13383 300'
Remaining: 121,965 423 2,400 72,000 21,030
(1) Existing 210 Room Hotel
(2) Landowner has elected to use 267 of 270 allocated; returning 3 hotel rooms
(3) Phase 1 - Lot 1C entitled for 23,460 SF of commercial or a maximum of 940 trips
together with such further and additional entitlements that may be recaptured by Mortgagor by reason of non-use by prior purchasers to the extent allowed under their respective contracts (collectively, the “Entitlements”); and
G. All other interests of every kind and character, and proceeds thereof, which Mortgagor now has or hereafter acquires in, to or for the benefit of the properties, rights, titles and interests referred to above in paragraphs (A), (B), (C), (D), (E) and all property used or useful in connection therewith, including, but not limited to, remainders, reversions and reversionary rights or interests.
AND
All of Mortgagor's right, title and interest in and to each Lease whether now existing or hereafter entered into, together with the room revenues, occupancy charges, issues and profits (“Rents”) of each such Lease.
AND
All leases of the Property, if any, presently existing or hereafter entered into (herein, together with all amendments and supplements thereto made as provided therein, called the “Leases”), between Mortgagor (or parties acting on behalf of Mortgagor), as lessor or as successor to or assignee from the lessor, and tenants which occupy the Property under the Leases, including all extended terms and all extensions and renewals of the terms thereof, as well as any amendments to or replacements of said Leases, together with all the right, title and interest of Mortgagor, as lessor thereunder, including without limiting the generality of the foregoing, the present and continuing right to make claim for, collect, receive and receipt for any and all of the rents, charges and other revenues, rents, income, revenues, issues and profits and moneys payable as damages or in lieu of rent and moneys payable as the purchase price of the Property or any part thereof or of awards or claims for money and other sums of money payable or receivable thereunder howsoever payable, and to bring actions and proceedings thereunder or for the enforcement thereof, and to do any and all things which Mortgagor or any lessor is or may become entitled to do under the Leases, provided, that this provision shall not impair or diminish any obligation of Mortgagor under the Leases, nor shall any obligation be imposed upon Mortgagee.
AND
(a) All licenses, permits, approvals, certificates and agreements with or from all boards, agencies, departments, governmental or quasi-governmental, relating directly or indirectly to the ownership, use, development, renovation and installation of improvements to the Mortgaged Property, whether heretofore or hereafter issued or executed (collectively the “Licenses”); said boards, agencies, departments, governmental or otherwise being hereinafter collectively referred to as “Governmental Authorities.”
(b) All contracts, subcontracts, agreements, service agreements, rights, warranties and purchase orders which have heretofore been or will hereinafter be executed by or on behalf of BVC Partners I, LLC, a Florida limited liability company, or which have been or will hereafter be assigned to BVC Partners I, LLC, a Florida limited liability company, as well as all professional, sales and/or marketing materials, products or documents in connection with or relating to the current or future development, construction, renovation or improvements of the Mortgaged Property or to the use, access, operation, sale and maintenance of the Mortgaged Property. All of the contracts, agreements and other items referred to in subparagraphs (b), (c), (d) and (f) and (g) of this Paragraph are hereinafter referred to as the “Contracts,” and the parties with whom or to whom such Contracts have been or are given are hereinafter collectively referred to as the “Contractors.”
(c) All other contracts now or hereafter entered into, including, but without limitation, those certain architects' agreements, engineers' agreements, development agreements and management agreements, if any.
(d) All and any agreements of purchase and sale between BVC Partners I, LLC, a Florida limited liability company, and a bona fide third party, now existing or hereafter made, for all or any portion or portions of the Mortgaged Property, as said agreements of purchase and sale may have been, or may from time to time be hereafter, modified or extended.
(e) All rights necessary to provide the Mortgaged Property with utility services including, but not limited to sewer, water, electricity and gas services as approved by those governmental authorities having jurisdiction thereof.
(f) All other agreements now or in the future with respect to the management, maintenance and operation of the Mortgaged Property and the business conducted thereon.
(g) All plans, specifications, surveys, drawings, and reports between BVC Partners I, LLC, a Florida limited liability company, and any other party, existing as of the date hereof or entered into or created in the future with respect to the Mortgaged Property.
AND
All of the leases covering or affecting all or any part of the Mortgaged property, together with the improvements now or hereafter located thereon (hereinafter collectively referred to as the “Property”), together with the immediate and continuing right to collect and receive all of the rents, income, receipt and revenues arising from those certain leases the Property;
TOGETHER WITH all other leases and other rental agreements now or hereafter made covering the Property or any portion thereof, together with any extension or renewal of same, and all present and future leases and present and future rental agreements and rents, income and profits arising therefrom (hereinafter collectively referred to as the “Leases”), being effective without further or supplemental assignment;
TOGETHER WITH all rents, room and occupancy charges, income and profits arising from the leases and renewal thereof and together with all rents, income and profits for the use, enjoyment and occupation of the Property (hereinafter collectively referred to as the “Rents”).
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.
In accordance with the Americans With Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding, are entitled, at no charge, to the provision of certain assistance, should contact Court Administration at 425 North Orange Avenue, Suite 2130, Orlando, Florida 32801, telephone (407) 836-2303, within seven (7) days of receipt of this document. If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
DATED on May 15th, 2013.
Robert D. Gatton, Esquire
Florida Bar Number: 167011
Attorney for Plaintiff

Respectfully Submitted,
ROBERT D. GATTON, P.A.
BROAD AND CASSEL
390 North Orange Avenue
Suite 1400
Orlando, Florida 32801
Post Office Box 4961
Orlando, Florida 32802-4961
Phone: (407) 839-4200
Fax: (407) 425-8377
FOR THE COURT
May 23, 30, 2013 13-03142W

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