14-01166S

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO.: 2013 CA 007393 NC
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, N.A., AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, IN ITS CAPACITY AS TRUSTEE, FOR THE REGISTERED HOLDERS OF LB-UBS COMMERCIAL MORTGAGE TRUST 2006-C4, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-C4, BY AND THROUGH CWCAPITAL ASSET MANAGEMENT LLC, SOLELY IN ITS CAPACITY AS SPECIAL SERVICER,
Plaintiff, vs.
RCP SARASOTA, LTD., a Florida limited partnership,
Defendant.
NOTICE is hereby given that pursuant to the Consent Final Judgment of Foreclosure entered in this cause on March 4, 2014, pending in The Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida, Case No.: 2013 CA 007393 NC, the undersigned clerk will sell the real property situated in said County, described as:
ALL of that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in Sarasota County, Florida and being more particularly described as follows:
PARCEL 1:

COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF ORIENTE ROAD (100 FOOT RIGHT OF WAY) AND THE NORTHERLY RIGHT OF WAY LINE OF FRUITVILLE ROAD (100 FOOT RIGHT OF WAY); THENCE SOUTH 89°59'13” WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF FRUITVILLE ROAD, 271.00 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°59'13” WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 70.55 FEET; THENCE NORTH 00°56'45” WEST, (PARALLEL TO AND 255 FEET EAST OF THE EASTERLY LINE OF A 66 FOOT CANAL RIGHT OF WAY), 350.00 FEET; THENCE SOUTH 89°59'13” WEST (PARALLEL TO FRUITVILLE ROAD), 220.00 FEET; THENCE SOUTH 00°56'45” EAST, (PARALLEL TO AND 35 FEET EAST OF THE EASTERLY LINE OF SAID 66 FOOT CANAL RIGHT OF WAY) 350.00 FEET TO SAID NORTHERLY RIGHT OF WAY LINE OF FRUITVILLE ROAD; THENCE SOUTH 89°59'13” WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 35.00 FEET TO SAID EASTERLY LINE OF SAID 66 FOOT CANAL RIGHT OF WAY; THENCE NORTH 00°56'45” WEST, ALONG SAID EASTERLY CANAL RIGHT OF WAY LINE 372.97 FEET; THENCE CONTINUE ALONG SAID EASTERLY RIGHT OF WAY LINE, NORTH 15°26'45” WEST, 266.06 FEET; THENCE NORTH 74°33'15” EAST, 281.00 FEET; THENCE NORTH 15°26'45” WEST, (PARALLEL TO SAID 66 FOOT CANAL RIGHT OF WAY) 233.30 FEET; THENCE SOUTH 89°59'01” EAST, 465.11 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF ORIENTE ROAD; THENCE SOUTH 00°00'59” WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE, 38.81 FEET; THENCE NORTH 89°59'01” WEST, 150.00 FEET; THENCE SOUTH 00°00'59” WEST, (PARALLEL TO ORIENTE ROAD) 150.00 FEET; THENCE SOUTH 89°59'01” EAST, 150.00 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF ORIENTE ROAD; THENCE SOUTH 00°00'59” WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE, 490.00 FEET; THENCE SOUTH 89°59'13” WEST, PARALLEL TO SAID FRUITVILLE ROAD, 271.00 FEET; THENCE SOUTH 00°00'59” WEST, PARALLEL TO SAID ORIENTE ROAD, 250.00 FEET TO THE POINT OF BEGINNING LYING AND BEING IN SECTION 21, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA.
PARCEL 2:
COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF ORIENTE ROAD (100 FOOT RIGHT OF WAY) AND THE NORTHERLY RIGHT OF WAY LINE OF FRUITVILLE ROAD (100 FOOT RIGHT OF WAY); THENCE SOUTH 89°59'13” WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE OF FRUITVILLE ROAD, 596.55 FEET TO THE EASTERLY LINE OF A 66 FOOT CANAL RIGHT OF WAY; THENCE NORTH 00°56'45” WEST ALONG SAID EASTERLY LINE, 372.97 FEET; THENCE CONTINUE ALONG SAID EASTERLY LINE NORTH 15°26'45' WEST, 604.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 15°26'45” WEST, 701.00 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 21°02'45” WEST, 36.76 FEET; THENCE NORTH 89°59'13” EAST (PARALLEL TO FRUITVILLE ROAD), 386.60 FEET; THENCE SOUTH 00°00'59” WEST (PARALLEL TO ORIENTE ROAD) 292.73 FEET; THENCE SOUTH 89°59'01” EAST, 1.70 FEET; THENCE NORTH 00°00'59” EAST, 1.10 FEET; THENCE SOUTH 89°59'01” EAST, 67.8 FEET; THENCE SOUTH 00°00'59” WEST, (PARALLEL TO ORIENTE ROAD), 289.96 FEET; THENCE SOUTH 15°26'45” EAST, (PARALLEL TO AND 281 FEET EASTERLY OF SAID EASTERLY LINE OF A 66 FOOT CANAL RIGHT OF WAY) 55.63 FEET; THENCE SOUTH 74°33'15” WEST, 281.00 FEET TO THE POINT OF BEGINNING, LYING AND BEING IN SECTION 21, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA.
LESS ROAD RIGHTS-OF-WAY FOR BENEVA ROAD (FORMERLY ORIENTE AVENUE) AND FRUITVILLE ROAD, AND THOSE PORTIONS CONVEYED TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN OFFICIAL RECORDS BOOK 1931, PAGE 1400, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
PARCEL 3:
COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY OF ORIENTE ROAD (A 100 FOOT RIGHT-OF-WAY) AND THE NORTHERLY RIGHT-OF-WAY LINE OF FRUITVILLE ROAD (A 100 FOOT RIGHT-OF-WAY), THENCE SOUTH 89°59'13” WEST, ALONG SAID RIGHT-OF-WAY LINE OF FRUITVILLE ROAD, 341.55 FEET; THENCE CONTINUE SOUTH 89°59'13” WEST ALONG SAID RIGHT-OF-WAY LINE, 220.00 FEET; THENCE RUN NORTH 00°56'45” WEST, PARALLEL TO AND 35.00 FEET EAST OF THE EASTERLY LINE OF A 66 FOOT CANAL RIGHT-OF-WAY, 350.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°59'13” EAST, AND PARALLEL TO SAID NORTHERLY RIGHT-OF-WAY LINE OF FRUITVILLE ROAD, 220.00 FEET; THENCE SOUTH 00°56'45” EAST AND PARALLEL TO SAID CANAL RIGHT-OF-WAY, 30.00 FEET; THENCE SOUTH 89°59'13” WEST 220.00 FEET; THENCE NORTH 00°56'45” WEST, 30.00 FEET TO THE POINT OF BEGINNING. LYING AND BEING IN THE NORTHEAST QUARTER (1/4) OF SECTION 21, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA.
AND
TOGETHER WITH PEDESTRIAN AND VEHICULAR EASEMENTS, PARKING EASEMENTS, UTILITY EASEMENTS, ACCESS EASEMENTS AND OTHER EASEMENTS APPURTENANT TO THE AFORESAID PARCELS AS CREATED AND DESCRIBED IN THAT CERTAIN GRANT OF EASEMENTS AND DECLARATION OF RESTRICTIONS RECORDED DECEMBER 19, 1977 IN OFFICIAL RECORDS BOOK 1209, PAGE 1251, AS MODIFIED BY SECOND MODIFICATION OF GRANT OF EASEMENTS AND DECLARATION OF RESTRICTIONS RECORDED APRIL 16, 1979 IN OFFICIAL RECORDS BOOK 1300, PAGE 396 AS MODIFIED BY THIRD MODIFICATION OF GRANT OF EASEMENTS AND DECLARATION OF RESTRICTIONS RECORDED IN OFFICIAL RECORDS BOOK 2378, PAGE 1882 AND AS FURTHER MODIFIED BY AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 2378, PAGE 1908, ALL OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
AND
TOGETHER WITH AND SUBJECT TO EASEMENT RIGHTS CREATED BY THAT CERTAIN PARTY FOUNDATION AGREEMENT BETWEEN EASTGATE PROPERTIES AND CASTO DEVELOPERS RECORDED IN OFFICIAL RECORDS BOOK 1211, PAGE 241 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
THE ABOVE LEGAL DESCRIPTION DESCRIBES ONE AND THE SAME PROPERTY AS THE FOLLOWING: PARCEL 1 (COMBINED PARCEL 1 & 3) - FEE:
COMMENCE AT THE CENTERLINE INTERSECTION OF NORTH BENEVA ROAD AND FRUITVILLE ROAD, THENCE SOUTH 89°59'13” WEST ALONG SAID CENTERLINE OF FRUITVILLE ROAD, 310.00 FEET; THENCE NORTH 00°00'47” WEST FOR 59.00 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 89°59'13” WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 70.87 FEET; THENCE NORTH 00°56'45” WEST, (PARALLEL TO AND 255 FEET EAST OF THE EASTERLY LINE OF A 66 FOOT CANAL RIGHT OF WAY), 301.00 FEET; THENCE SOUTH 89°59'13” WEST, (PARALLEL TO FRUITVILLE ROAD), 220.00 FEET; THENCE SOUTH 00°56'45” EAST, (PARALLEL TO AND 35 FEET EAST OF THE EASTERLY LINE OF SAID 66 FOOT CANAL RIGHT OF WAY) 301.00 FEET TO SAID NORTHERLY RIGHT OF WAY LINE OF FRUITVILLE ROAD; THENCE SOUTH 89°59'13” WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 35.00 FEET TO SAID EASTERLY LINE OF SAID 66 FOOT CANAL RIGHT OF WAY; THENCE NORTH 00°56'45” WEST, ALONG SAID EASTERLY CANAL RIGHT OF WAY LINE, 353.97 FEET; THENCE CONTINUE ALONG SAID EASTERLY RIGHT OF WAY LINE, NORTH 15°26'45” WEST, 266.06 FEET; THENCE NORTH 74°33'15” EAST, 281.00 FEET; THENCE NORTH 15°26'45” WEST, (PARALLEL TO SAID 66 FOOT CANAL RIGHT OF WAY) 233.30 FEET; THENCE SOUTH 89°59'01” EAST 465.11 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF ORIENTE ROAD; THENCE SOUTH 00°00'59” WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE, 38.81 FEET, THENCE NORTH 89°59'01” WEST, 150.00 FEET, THENCE SOUTH 00°00'59” WEST, (PARALLEL TO ORIENTE ROAD) 150.00 FEET; THENCE SOUTH 89°59'01” EAST, 150.00 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF ORIENTE ROAD; THENCE SOUTH 00°00'59” WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE, 190.00 FEET; THENCE NORTH 89°59'01” WEST ALONG LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1931 AT PAGE 1400 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, 5.50 FEET; THENCE SOUTH 00°00'59” WEST, PARALLEL TO SAID ORIENTE ROAD, 300.00 FEET; THENCE SOUTH 89°59'13” WEST, PARALLEL TO SAID FRUITVILLE ROAD, 265.50 FEET; THENCE SOUTH 00°00'59” WEST, PARALLEL TO SAID ORIENTE ROAD, 231.00 FEET TO THE POINT OF BEGINNING, LYING AND BEING IN SECTION 21, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA.
PARCEL 2 - FEE:
COMMENCE AT THE CENTERLINE INTERSECTION OF NORTH BENEVA ROAD AND FRUITVILLE ROAD; THENCE SOUTH 89°59'13” WEST ALONG SAID CENTERLINE OF FRUITVILLE ROAD, 636.55 FEET; THENCE NORTH 00°00'47” WEST FOR 59.00 FEET TO THE EASTERLY LINE OF A 66 FOOT CANAL RIGHT OF WAY; THENCE NORTH 00°56'45” WEST ALONG SAID EASTERLY LINE, 353.97 FEET; THENCE CONTINUE ALONG SAID EASTERLY LINE NORTH 15°26'45” WEST, 604.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 15°26'45” WEST, 701.00 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 21°02'45” WEST, 36.76 FEET; THENCE NORTH 89°59'13” EAST (PARALLEL TO FRUITVILLE ROAD), 386.60 FEET; THENCE SOUTH 00°00'59” WEST (PARALLEL TO ORIENTE ROAD), 292.73 FEET; THENCE SOUTH 89°59'01” EAST, 1.70 FEET; THENCE NORTH 00°00'59” EAST, 1.10 FEET; THENCE SOUTH 89°59'01” EAST, 67.80 FEET; THENCE SOUTH 00°00'59” WEST (PARALLEL TO ORIENTE ROAD), 289.96 FEET; THENCE SOUTH 15°26'45” EAST (PARALLEL TO AND 281 FEET EASTERLY OF SAID EASTERLY LINE OF A 66 FOOT CANAL RIGHT OF WAY), 55.63 FEET; THENCE SOUTH 74°33'15” WEST, 281.00 FEET TO THE POINT OF BEGINNING, LYING AND BEING IN SECTION 21, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA.
PARCEL 3 - EASEMENT:
TOGETHER WITH PEDESTRIAN AND VEHICULAR EASEMENTS, PARKING EASEMENTS, UTILITY EASEMENTS, ACCESS EASEMENTS AND OTHER EASEMENTS APPURTENANT TO THE AFORESAID PARCELS AS CREATED AND DESCRIBED IN THAT CERTAIN GRANT OF EASEMENTS AND DECLARATION OF RESTRICTIONS RECORDED DECEMBER 19, 1977 IN OFFICIAL RECORDS BOOK 1209, PAGE 1251, AND ATTACHED MODIFICATION RECORDED IN OFFICIAL RECORDS BOOK 1209, PAGE 1283 (SAID MODIFICATION BEING A PART OF THE ORIGINAL INSTRUMENT), AS MODIFIED BY SECOND MODIFICATION OF GRANT OF EASEMENTS AND DECLARATION OF RESTRICTIONS RECORDED APRIL 16, 1979 IN OFFICIAL RECORDS BOOK 1300, PAGE 396, AS MODIFIED BY THIRD MODIFICATION OF GRANT OF EASEMENTS AND DECLARATION OF RESTRICTIONS RECORDED IN OFFICIAL RECORDS BOOK 2378, PAGE 1882, AND AS FURTHER MODIFIED BY AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 2378, PAGE 1908, ALL OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
PARCEL 4 - EASEMENT:
TOGETHER WITH AND SUBJECT TO EASEMENT RIGHTS CREATED BY THAT CERTAIN PARTY FOUNDATION AGREEMENT BETWEEN EASTGATE PROPERTIES AND CASTRO DEVELOPERS RECORDED IN OFFICIAL RECORDS BOOK 1211, PAGE 241 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
TOGETHER WITH:
All of RCP Sarasota, Ltd.'s (hereafter “Debtor”) right, title and interest in and to the following property (the “Property”) located upon or used in connection with the real property described on Exhibit “A” (the “Land”):
(a) buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the “Improvements”);
(b) 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;
(c) all furnishings, 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”), 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;
(d) All leases and other agreements affecting the use, enjoyment or occupancy of the Land and the Improvements heretofore or hereafter entered into, whether before or after the filing by or against Borrower 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) (a “Lease” or “Leases') and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, revenues (including, but not limited to, any payments made by tenants under the Leases in connection with the termination of any. Lease, 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 (as defined in the Security Instrument);
(e) any and all lease guaranties, letters of credit and any other credit support (individually, a “Lease Guaranty” and collectively, the “Lease Guaranties”) given by any guarantor in connection with any of the Leases (individually, a “Lease Guarantor” and collectively, the “Lease Guarantors”);
(f) all rights, powers, privileges, options and other benefits of Debtor as lessor under the Leases and beneficiary under the Lease Guaranties including without limitation the immediate and continuing right to make claim for, receive, collect and receipt for all Rents payable or receivable under the Leases and all sums payable under the Lease Guaranties or pursuant thereto (and to apply the same to the payment of the Debt (as defined in the Security Instrument), and to do other things which Debtor or any lessor is or may become entitled to do under the Leases or the Lease Guaranties;
(g) 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;
(h) 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;
(i) 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) 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;
(l) 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 happening of any default hereunder, to receive and collect any sums payable to Debtor thereunder;
(m) all tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property.
(n) Any and all other rights of the Debtor in and to the terms set forth in items (a) through (m) above.
at public sale to the highest and best bidder for cash on the 9th day of April, 2014, in Sarasota County, Florida by electronic sale beginning at 9:00 a.m. on the prescribed date at www.sarasota.realforeclose.com.
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 11th day of March, 2014.
/s/ Todd F. Kobrin
TODD F. KOBRIN, ESQ.
Florida Bar No.: 0946958
[email protected]
SHUTTS & BOWEN LLP
300 South Orange Avenue,
Suite 1000
Mailing Address:
P.O. Box 4956
(ZIP 32802-4956)
Orlando, Florida 32801-3373
Telephone: (407) 423-3200
Facsimile: (407) 425-8316
ATTORNEY FOR PLAINTIFF
March 14, 21, 2014 14-01166S

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