13-05910W

NOTICE OF FORECLOSURE SALE IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR ORANGE COUNTY, FLORIDA COMPLEX BUSINESS LITIGATION COURT
(DIVISION 32)
CASE NO.: 2013-CA-005635-O
WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF COMM 2005-C6, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES,
Plaintiff, vs.
8350 OBT SOUTH LLC, a Delaware limited liability company; et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Agreed Final Summary Judgment of Foreclosure dated August 7, 2013, and the Unopposed Order Directing the Clerk of Court to Reschedule the Foreclosure Sale dated September 30, 2013, entered in Case No. 2013-CA-005635-O, in the Circuit Court of the 9th Judicial Circuit in and for Orange County, Florida, wherein WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF COMM 2005-C6, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, is the Plaintiff, and 8350 OBT SOUTH LLC, a Delaware limited liability company; PETER D. CUMMINGS & ASSOCIATES, INC., a Florida corporation; and RAM REALTY SERVICES LLC., a Florida limited liability company, are the Defendants, the Clerk of the Circuit Court will sell to the highest and best bidder for cash except as set forth hereinafter, on 11:00 a.m. on November 19, 2013 at the Orange County Clerk's website for on-line auctions, via the Internet at www.myorangeclerk.realforeclose.com, the following described property situated in Orange County, as set forth in said Final Judgment, to wit:
See COMPOSITE EXHIBIT “A” and EXHIBIT “A-1”
ATTACHED HERETO AND MADE A PART HEREOF.
COMPOSITE
Exhibit “A”
Mortgaged Property
The following property, rights, interests and estates now owned, or hereafter acquired by Borrower (collectively, the “Property”):
Land. The land located in Orange County, Florida and described in Exhibit “A-1” attached hereto and made a part hereof, together with all estates and development rights now existing or hereafter acquired for use in connection therewith (“Land”);
Additional Land. All land that, from time to time, by supplemental deed or otherwise, may be expressly made subject to the lien of the Security Instrument, and all estates and development rights hereafter acquired by Borrower for use in connection with such land (also, the “Land”);
Improvements. The buildings, structures, improvements and fixtures now or hereafter erected or located on the Land (“Improvements”);
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 Property and the reversion and reversions, remainder 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, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Property and every part and parcel thereof, with the appurtenances thereto;
Fixtures and Personal Property. All machinery, equipment, fixtures (including, without limitation, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), furnishings, building supplies and materials, and all other personal property of every kind and nature whatsoever owned by Borrower (or in which Borrower has or hereafter acquires an interest) and now or hereafter located upon, or appurtenant to, the Property or used usable in the present or future operation and occupancy of the Property, along with all accessions, replacements, betterments, or substitutions of all or any portion thereof (collectively, “Personal Property”);
Leases and Rents. All leases, subleases, licenses, and other agreements granting others the right to use or occupy all or any part of the Property together with all restatements, renewals, extensions, amendments and supplements thereto (“Leases”), now existing or hereafter entered into, whether entered before or after the filing by or against Borrower of any petition for relief under the Bankruptcy Code, and all of Borrower's right, title and interest in the Leases, including, without limitation (i) all guaranties, letters of credit and any other credit support given by any tenant or guarantor in connection therewith (“Lease Guaranties”), (ii) all cash, notes, or security deposited thereunder to secure the performance by the tenants of their obligations thereunder (“Tenant Security Deposits”), (iii) all claims and rights to the payment of claims arising from any rejection by a tenant of its Lease under the Bankruptcy Code (“Bankruptcy Claims”), (iv) all of the landlord's rights in casualty and condemnation proceeds of a tenant in respect of the leased premises (“Tenant Claims”), (v) all rents, ground rents, additional rents, revenues, termination and similar payments, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Property (collectively with the Lease Guaranties, Tenant Security Deposits, Bankruptcy Claims and Tenant Claims, “Rents”), whether paid or accruing before or after the filing by or against Borrower of any petition for relief under the Bankruptcy Code, (vi) all proceeds or streams of payment from the sale or other disposition of the Leases or disposition of any Rents, and (vii) the right to receive and apply the Rents to the payment of the Debt and to do all other things which Borrower or a lessor is or may become entitled to under the Leases or with respect to the Rents;
Condemnation Awards. All awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain (including, without limitation, the 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;
Insurance Proceeds. All proceeds of, any unearned premiums on, any insurance policies covering the Property, including, without limitation, the exclusive right to receive and apply the proceeds of any claim, awards, judgments, or settlements made in lieu thereof, for damage to the Property;
Tax Certiorari. All refunds, rebates or credits in connection with a reduction in Taxes, including, without limitation, rebates a result of tax certiorari or any other applications or proceedings for reduction;
Operating Agreements. All contracts (including, without limitation, service, supply, maintenance and construction contracts), registrations, franchise agreements, permits, licenses (including, without limitation, liquor licenses, if any, to the fullest extent assignable by Borrower), plans and specifications, and other agreements, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Property, or respecting any business or activity conducted by the Borrower from the Property, and all right, title and interest of Borrower therein and thereunder, including, without limitation, the right, while an Event of Default remains uncured, to receive and collect any sums payable to Borrower thereunder (collectively, “Operating Agreements”);
Rate Cap Agreements. All interest rate cap agreements, swaps or other interest hedging agreements now or hereafter executed with respect to the Loan or to guard against interest rate exposure in connection with the Loan, if any;
Intangibles. All accounts, escrows, chattel paper, claims, deposits, trade names, trademarks, service marks, logos, copyrights, books and records, goodwill, and all other general intangibles relating to or used in connection with the operation of the Property;
Accounts. All reserves, escrows and deposit accounts maintained by Borrower with respect to the Property (including without limitation, the Operating Account and all reserves, escrows and deposit accounts and lockbox accounts established pursuant to the Loan Agreement), together with all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property from time to time held therein, and all proceeds, products, distributions, dividends or substitutions thereon and thereof;
Rights to Conduct Legal Actions. The right, in the name and on behalf of Borrower, to commence any action or proceeding to protect the interest of Lender in the Property and to appear in and defend any action or proceeding to brought with respect to the Property;
Proceeds. All proceeds and profits arising from the conversion, voluntary or involuntary, of any of the foregoing into cash (whether made in one payment or a stream of payments) and any liquidation claims applicable thereto; and
Rights. Any and all other rights of Borrower in and to the items set forth in the foregoing subsections (a) through (o), inclusive, and in and to the Property.
As used in this Exhibit “A”, “Borrower” refers to Defendant 8350 OBT South LLC, a Delaware limited liability company, and “Lender” refers to Plaintiff Wells Fargo Bank, N.A., as Trustee for the Registered Holders of COMM 2005-C6, Commercial Mortgage Pass-Through Certificates.
EXHIBIT “A-1”
Legal Description
PARCEL I
Begin at the Northwest corner of the North 100.00 feet of the South 510.00 feet of the East 155.00 feet of Lot 60, Block “E”, Prosper Colony, according to the Plat thereof as recorded in Plat Book “D”, Page 108, of the Public Records of Orange County, Florida; thence run North 89°52'11” East along the North line of the North 100.00 feet of the South 510.00 feet of said Lot 60, Block “E”, a distance of 538.40 feet to the Westerly right-of-way line of U.S. 441-17/92; thence South 14°37'51” West along said right-of-way line, a distance of 517.04 feet to the North right-of-way line of Morning Drive; thence South 89°52'11” West along said right-of-way line a distance of 411.24 feet to the West line of the East 155.00 feet of said Lot 60; thence run North 00°23'38” East along said West line of the East 155.00 feet of said Lot 60, a distance of 147.00 feet to the South line of the North 284.37 feet of the South 441.37 feet of said Lot 60; thence run South 89°52'11” West along said South line, a distance of 147.21 feet, to the East right-of-way line of Sun Drive; thence North 00°21'41” East along said right-of-way line, a distance of 284.37 feet to the North line of the South 441.37 feet of said Lot 60; thence North 89°52'11” East along the North line of the South 441.37 feet of said Lot 60, a distance of 147.33 feet; thence North 00°23'38” East a distance of 68.63 feet to the Point of Beginning. All being in Section 34, Township 23 South, Range 29 East, Orange County, Florida.
ALSO DESCRIBED AS:
North 100.00 feet of South 510.00 feet of Lot 59 West of the Federal Highway 17-92; also the North 100.00 feet of South 510.00 feet of East 155.00 feet of Lot 60; also that part of Lot 58 lying West of Federal Highway 17-92 which is contained in the North 100.00 feet of South 510.00 feet of Lot 58, Block “E”, of Prosper Colony, according to the Plat thereof as recorded in Plat Book D, Page 108, Public Records of Orange County, Florida in Section 34, Township 23 South, Range 29 East, Orange County, Florida.
AND ALSO
South 410 feet of Lots 58 and 59, West of U.S. Highway 17-92 and the South 410 feet of the East 155 feet of Lot 60, LESS the South 10 feet for road, Block E, Prosper Colony, according to the plat thereof, as recorded in Plat Book D, Page 108, Public Records of Orange County, Florida, all being in Section 34, Township 23 South, Range 29 East.
AND
The North 284.37 feet of the South 441.37 feet of Lot 60 (LESS the East 155 feet and LESS the West 10 feet for road) Block E, Prosper Colony, of Section 34, Township 23 South, Range 29 East, according to the plat thereof as recorded in Plat Book D, Page 108, Public Records of Orange County, Florida.
PARCEL II
A drainage and retention easement, lying in Lots 36 and 37, Block “E”, Prosper Colony, as recorded in Plat Book “D”, Page 108, Public Records of Orange County, Florida; being further described as follows:
Begin at the Northeast corner of Lot 36, Block “E”, Prosper Colony, as recorded in Plat Book “D”, Page 108, Public Records of Orange County, Florida, thence run North 89°36'50” East, a distance of 129.00 feet to a point on the North line of Lot 37, Block “E” of said Prosper Colony; thence South 00°23'10” East a distance of 640.83 feet to a point on the South line of said Lot 37, Block “E”; thence South 89°44'52” West a distance of 137.36 feet to the Southeast corner of said Lot 36, Block “E”; thence North 00°21'41” East a distance of 640.56 feet to the Point of Beginning.
PARCEL III
A drainage easement lying in Lot 60, Block “E”, Prosper Colony, as recorded in Plat Book “D”, Page 108, Public Records of Orange County, Florida, being more particularly described as follows:
Begin at a point on the North line of said Lot 60, Block “E”, said point being 10.00 feet East of the Northwest corner of said Lot 60, Block “E”; thence run North 89°44'52” East, along the North line of said Lot 60, Block “E”, a distance of 20.00 feet; thence South 00°21'41” West, parallel to the West line of said Lot 60, Block “E”, a distance of 200.24 feet to a point on the North line of the South 441.37 feet of said Lot 60, Block “E”; thence South 89°52'11” West a distance of 20.00 feet to the Easterly right-of-way line of Sun Drive; thence North 00°21'41” East along said Easterly right-of-way line a distance of 200.20 feet to the Point of Beginning.
Property Address: 8300-8350 South Orange Blossom Trial, Orlando, Florida 32809
Parcel Identification No. 34-23-29-7268-06-004
PURSUANT TO SECTION 45.031(2)(F), FLORIDA STATUTES, 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.
REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES
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 the ADA Coordinator, Human Resources, Orange County Courthouse, 425 North Orange Avenue, Suite 510, Orlando, FL, Telephone (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 23rd day of October, 2013.
COLLEEN M. REILLY, INTERIM CLERK OF CIRCUIT COURT, ORANGE COUNTY, FLORIDA
Lee D. Mackson
Florida Bar No. 435929
Email: [email protected]
SHUTTS & BOWEN LLP
Attorneys for Plaintiff
1500 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
Telephone: (305) 358 6300
Email: [email protected]
Oct. 31; Nov. 7, 2013 13-05910W

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