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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR
HILLSBOROUGH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO. 2013-CA-013994
Division K
WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF
ML-CFC COMMERCIAL MORTGAGE TRUST 2006-3, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-3,
Plaintiff, vs.
MARKETPLACE OWNER LLC, a Delaware limited liability company; et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Agreed Uniform Final Judgment of Foreclosure dated July 15, 2014, entered in Case No. 2013-CA-013994 Division K, in the Circuit Court of the 13th Judicial Circuit in and for Hillsborough County, Florida, wherein WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006-3, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-3, is the Plaintiff, and MARKETPLACE OWNER LLC, a Delaware limited liability company; ADT LLC, a Delaware limited liability company a/k/a ADT SECURITY SERVICES, INC., a Delaware corporation; LC CONSTRUCTION MANAGEMENT LLC, a Florida limited liability company; and THE VILLAGES AT CYPRESS CREEK MASTER PROPERTY OWNERS ASSOCIATION, INC., a Florida non-profit corporation, are the Defendants, the Clerk of Court will sell to the highest and best bidder for cash except as set forth hereinafter, on September 5, 2014 at 10:00 a.m., via the Internet at the Hillsborough County Clerk's website for electronic on-line auctions at http://www.hillsborough.realforeclose.com, the following described property situated in Hillsborough 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
All right, title and interest of MARKETPLACE OWNER LLC, a Delaware limited liability company (“Borrower”), in and to the real property described on Exhibit A-1 attached hereto (the “Premises”), together with the following (collectively with the Premises, the “Mortgaged Property”):
(a) the buildings, structures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter located on the Premises (the “Improvements”);
(b) all easements, rights-of-way, 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, tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises 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 Premises, 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, is and to the Premises and the Improvements and every part and parcel thereof, with the appurtenances thereto; and
(c) all other assets of Borrower, of every kind and nature, now existing and hereafter acquired and arising and wherever located, related to the ownership or operation of the Premises, including without limitation, accounts, deposits or reserve accounts, commercial tort claims, letter of credit rights, chattel paper (including electronic chattel paper), documents, instruments, investment property, general intangibles, (including payment intangibles), software, goods, inventory, equipment, furniture and fixtures, all supporting obligations of the foregoing, and all cash and noncash proceeds and products (including without limitation insurance proceeds) of the foregoing, and all additions and accessions thereto, substitutions therefor and replacements thereof, and including without limitation, the following:
(1) all machinery, equipment, fixtures (including but not limited to all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), building equipment, materials and supplies, and other property of every kind and nature, whether tangible or intangible, owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Premises and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Premises and the Improvements (hereinafter collectively called the “Equipment”), including the proceeds of any sale or transfer of the foregoing, and, without limiting the generality of the foregoing, if any such Equipment is subject to any prior security interest or prior security agreement (as such terms are defined in the Uniform Commercial Code, as adopted and enacted in the state or states in which any of the Mortgaged Property is located), then the Mortgaged Property shall include all of the right, title and interest of Borrower in and to any such Equipment, together with all deposits and payments now or hereafter made by Borrower with respect to such Equipment;
(2) all awards, payments or compensation, including interest thereto, heretofore or hereafter made with respect to the Mortgaged Property for any injury or decrease in the value of the Mortgaged Property related to any exercise of the right of eminent domain or condemnation (including, without limitation, any transfer made in lieu or in anticipation of the exercise of said rights or for a change of grade);
(3) all leases, reciprocal easement agreements, and other agreements and arrangements affecting the use, enjoyment or occupancy of, or the conduct of any activity upon or at the Premises and the Improvements heretofore or hereafter entered into (the “Leases”), all income, rents (including, without limitation, all percentage rents), issues, profits and revenues (including all oil and gas or other mineral royalties and bonuses) from the Mortgaged Property (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;
(4) all proceeds of, and any unearned premiums on, any insurance policies covering the Mortgaged 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 Mortgaged Property;
(5) the right, in the name and on behalf of Borrower, to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to commence any action or proceeding to protect the interest of Lender in the Mortgaged Property; and
(6) all other property or collateral of any nature whatsoever, now or hereafter given as additional security for the payment of the Loan, including without limitation, property management agreements now or hereafter entered into with any person or entity providing management services to the Mortgaged Property, service contracts, common area agreements, licenses, permits, construction warranties and other contracts, agreements and instruments relating to the Mortgaged Property (including, without limitation, agreements pursuant to which Borrower acquired any of the Mortgaged Property, and including any security or indemnities given in connection therewith), security deposits, royalties, refunds, expense reimbursements, reserve or escrow deposits or accounts related to the Mortgaged Property or any Lease and all documents relating to each of the foregoing.
As used in this Exhibit “A”, “Borrower” refers to Defendant MARKETPLACE OWNER LLC, a Delaware limited liability company.
EXHIBIT “A-1”
Legal Description
Parcel 1:
A parcel of land lying in the East ½ of Section 11, Township 32 South, Range 19 East, Hillsborough County, Florida being more particularly described as follows:
From the Southeast corner of the Northeast ¼ of said Section 11, run thence South 00°01'41” East, 83.55 feet along the East boundary of the Southeast ¼ of said Section 11 to a point on the North right-of-way line of State Road No. 674; thence along said North right-of-way line the following four (4) courses: 1) South 89°17'02” West 71.96 feet; 2) South 00°42'58” East, 37.00 feet; 3) South 89°17'02” West, 38.00 feet; 4) North 87°53'21” West, 205.86 feet to the POINT OF BEGINNING; thence continue along said North right-of-way line, North 87°53'21” West, 35.00 feet; thence North 02°06'39” East 79.01 feet to a point of curvature; thence Northwesterly, 40.83 feet along the arc of a curve to the left, having a radius of 82.50 feet and a central angle of 28°21'17” (chord bearing North 12°04'00” West, 40.41 feet) to a point of reverse curvature; thence Northwesterly 58.15 feet along the arc of a curve to the right, having a radius of 117.50 feet and a central angle of 28°21'17” (chord bearing North 12°04'00” West 57.56 feet) to a point of reverse curvature; thence Northwesterly, 39.27 feet along the arc of a curve to the left, having a radius of 25.00 feet and a central angle of 90°00'00” (chord bearing North 42°53'21” West, 35.36 feet) to a point of tangency; thence North 87°53'21” West, 11.58 feet to a point of curvature; thence Northwesterly 83.70 feet along the arc of a curve to the right, having a radius of 107.50 feet and a central angle of 44°36'36” (chord bearing North 65°35'03” West, 81.60 feet) to a point of tangency; thence North 43°16'45” West, 9.28 feet to a point of curvature; thence Northwesterly, 122.63 feet along the arc of a curve to the left, having a radius of 157.50 feet and a central angle of 44°36'36” (chord bearing North 65°35'03” West, 119.55 feet) to a point of tangency; thence North 87°53'21” West, 79.21 feet to a point of curvature; thence Southwesterly 39.27 feet along the arc of a curve to the left, having a radius of 25.00 feet and a central angle of 90°00'00” (chord bearing South 47°06'39” West 35.36 feet) to a point of cusp; thence North 02°06'39” East, 243.14 feet to a point of curvature; thence Northwesterly 333.02 feet along the arc of a curve to the left, having a radius of 430.00 feet and a central angle of 44°22'24” (chord bearing North 20°04'33” West 324.76 feet) to a point of tangency; thence North 42°15'44” West, 9.28 feet; thence North 47°44'16” East, a distance of 389.45 feet to a point on a curve; thence Northeasterly, 27.27 feet along the arc of a curve to the right, having a radius of 70.00 feet and a central angle of 22°19'16” (chord bearing North 05°01'02” East, 27.10 feet) thence North 89°15'27” East, 472.57 feet to a point on the centerline of the rechannelization of Cypress Creek thence South 00°44'33” East 1011.54 feet along said centerline; thence North 87°53'21” West, 280.47 feet; thence South 02°06'39” West 120.00 feet to the POINT OF BEGINNING
Parcel 2:
Non-exclusive Easements for the benefit of Parcel 1, as created by that certain Reciprocal Easement and Restrictive Covenant Agreement recorded May 30, 1990 in Official Records Book 5991, Page 185, of the Public Records of Hillsborough County, Florida, for the purposes as stated therein, over and across the land as stated therein.
Parcel 3:
Non-exclusive Easements for the benefit of Parcel 1, as created by that certain Agreement Imposing Reciprocal Easements and Restrictive Covenants, recorded December 16, 1994 in Official Records Book 7614, Page 226, as amended by document recorded in Official Records Book 8059, Page 1062, of the Public Records of Hillsborough County, Florida, for the purposes as stated therein, over and across the lands as stated therein.
Property Address: 717 Cortaro Drive, Ruskin, Florida 33573 a/k/a 717-793 Cortaro Drive, Sun City Center, Florida 33573.
Parcel ID No. 056776-0500.
Property Address: 717 Cortaro Drive, Ruskin, Florida 33573 a/k/a 717-793 Cortaro Drive, Sun City Center, Florida 33573.
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.
AMERICANS WITH DISABILITIES ACT (ADA) NOTICE:
*In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs a special accommodation to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. To request such accommodation, please contact ADA Coordinator within two (2) working days of your receipt of this notice at 813-276-8100, Ext. 4205. If you are hearing or voice impaired please call: 1-800-955-8771, or by email: [email protected].
DATED this 25TH day of July, 2014.
PAT FRANK, CLERK of COURT,
HILLSBOROUGH COUNTY, FLORIDA
By: 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
August 1, 8, 2014 14-05445H