-
-
Loading
Loading
FIRST INSERTION
AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT
OF THE TWENTIETH JUDICIAL
CIRCUIT, IN AND FOR
LEE COUNTY, FLORIDA
Case Number: 13-CA-051662
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MORGAN STANLEY CAPITAL I INC., COMMERCIAL MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005-HQ5, BY AND THROUGH CWCAPITAL ASSET MANAGEMENT LLC, SOLELY IN ITS CAPACITY AS SPECIAL SERVICER,
Plaintiff, vs.
STORAGE KING, LLC, a Florida limited liability company, and STERLING MANAGEMENT & CONSULTING SERVICES, INC. a/k/a STERLING MANAGEMENT CONSULTING SERVICES, INC.,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Final Judgment of Foreclosure filed on June 24, 2013, and the Order Granting Defendant's, Storage King, LLC, Motion to Cancel the Foreclosure Sale and Reschedule Sale entered on August 19, 2013, in that certain cause pending in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, wherein WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MORGAN STANLEY CAPITAL I INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HQ5, BY AND THROUGH CW CAPITAL ASSET MANAGEMENT LLC, SOLELY IN ITS CAPACITY AS SPECIAL SERVICER, is Plaintiff, and STORAGE KING, LLC a Florida limited liability company, and STERLING
MANAGEMENT & CONSULTING SERVICES, INC. a/k/a STERLING MANAGEMENT CONSULTING SERVICES, INC., are Defendants, in Civil Action Cause No. 13-CA-051662,
the Clerk of Court will at 9:00 a.m. on October 24, 2013, offer for sale and sell to the highest bidder, for cash via electronic sale at Lee County's Public Auction website: www.lee.realforeclose.com, the following described real property, situated and being in Lee County, Florida to-wit:
REAL PROPERTY
DESCRIPTION (referred to
in Schedule A as the “Land”):
The West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 in Section 36, Township 44 South, Range 24 East, Lee County, Florida; subject to a 50 feet County drainage easement running North and South on the West side of the above-described property, and less and except the South 50 feet thereof.
PERSONAL PROPERTY
DESCRIPTION:
SEE ATTACHED
SCHEDULE “A”.
SCHEDULE A
Debtor
STORAGE KING, LLC Secured Party
MORGAN STANLEY
MORTAGE CAPITAL lNC.
All right, title and interest of Debtor in and to the following (collectively, the “Property”):
(a) The real property described and made a part hereof (the “Land”);
(b) 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 Amended and Restated Mortgage and Security Agreement (the “Security Instrument');
(c) Improvements. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the ''Improvements'');
(d) 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 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 Debtor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
(e) Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not ·limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) 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;
(f) Leases and Rents. All leases, subleases and other agreements affecting the use, enjoyment or occupancy of the Land and/or the Improvements heretofore or hereafter entered into and all extensions, amendments and modifications thereto, whether before or after the filing by or against Debtor of any petition for relief under 11 U.S.C. § 101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”) (the “Leases”) and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, any guaranties of the lessees' obligations thereunder, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, early termination fees and payments and other termination fees and payments, 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 the Bankruptcy Code (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; ·
(g) Insurance Proceeds. All proceeds of and any unearned premiums on any insurance 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;
(h) 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 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;
(i) Tax Certiorari. All refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;
(j) Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;
(k) 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;
(I) 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 respecting 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 occurrence and during the continuance of an event of default, to receive and collect any sums payable to Debtor thereunder;
(m) Intangibles. All trade names, trademarks, servicemarks, logos, copyrights, goodwill, books and records and other general intangibles relating to or used in connection with the operation of the Property; and
(n) Other Rights. Any and all other rights of Debtor in and to the items set forth in Subsections (a) through (m) above.
The record owner of the real property described in Exhibit A hereto is the Debtor.
Said sale will be made pursuant to and in order to satisfy the terms of the Final Judgment of Foreclosure and Order Granting Defendant's, Storage King, LLC, Motion to Cancel the Foreclosure Sale and Reschedule the Foreclosure Sale.
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.
Dated this 29 day of August, 2013.
LINDA DOGGETT
Clerk of Circuit Court
(SEAL) By: S. Hughes
As Deputy Clerk
JOSEPH E. FOSTER, Esq.
Florida Bar Number: 282091
AKERMAN SENTERFITT
Post Office Box 231
420 South Orange Avenue
Suite 1200
Orlando, FL 32802-0231
Phone: (407) 423-4000
Fax: (407) 843-6610
Email: [email protected]
Copies to all counsel of record
September 6, 13, 2013 13-04614L