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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 2013-002638-CA
WELLS FARGO BANK, N.A. (SUCCESSOR IN INTEREST TO WELLS FARGO BANK MINNESOTA, N.A.),
AS TRUSTEE FOR BANC OF AMERICA COMMERCIAL MORTGAGE INC.,
COMMERCIAL MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2003-2, BY AND THROUGH ORIX CAPITAL MARKETS, LLC, AS SPECIAL SERVICER,
Plaintiff, vs.
HPPC, LLC, a Florida limited liability company,
Defendant.
NOTICE IS HEREBY GIVEN pursuant to the Agreed Final Judgment of Foreclosure dated March 11, 2014, entered in Case No. 2013-002638-CA, in the Circuit Court of the 20th Judicial Circuit in and for Charlotte County, Florida, wherein WELLS FARGO BANK, N.A. (SUCCESSOR IN INTEREST TO WELLS FARGO BANK MINNESOTA, N.A.), AS TRUSTEE FOR BANC OF AMERICA COMMERCIAL MORTGAGE INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2003-2, BY AND THROUGH ORIX CAPITAL MARKETS, LLC, AS SPECIAL SERVICER, is the Plaintiff, and HPPC, LLC, a Florida limited liability company, is the Defendant, I will sell to the highest and best bidder for cash, at public sale on-line on April 10, 2014 at 11 :00 a.m. at the Charlotte County Clerk's website for on-line auctions via the Internet at www.charlotte.realforeclose.com, in accordance with Chapter 45 Florida Statutes, the following described property situated in Charlotte 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 of Borrower's estate, right, title and interest in, to and under any and all of the following described property located on, or related to, the parcel of real estate located in Charlotte County, Florida, described in Exhibit “A-1” attached hereto and incorporated herein by this reference, whether now owned or hereafter acquired (collectively, the “Property”):
(a) All goods, building and other materials, supplies, work in process, equipment, machinery, fixtures, furniture, furnishings, signs and other personal property, wherever situated, which are or are to be incorporated into, used in connection with or appropriated for use on the Property;
(b) All rents, issues, deposits and profits of the Property (to the extent, if any, they are not subject to the Absolute Assignment of Rents and Leases, as defined in the Mortgage);
(c) All inventory, accounts, cash receipts, deposit accounts, impounds, accounts receivable, contact rights, general intangibles, chattel paper, instruments, documents, notes, drafts, letters of credit, insurance policies, insurance and condemnation awards and proceeds, any other rights to the payment of money, trade names, trademarks and service marks arising from or related to the Property or any business now or hereafter conducted thereon by Mortgagor;
(d) All permits, consents, approvals, licenses, authorizations and other rights granted by, given by or obtained from, any governmental entity with respect to the Property;
(e) All deposits or other security now or hereafter made with or given to utility companies by Mortgagor with respect to the Property;
(f) All advance payments of insurance premiums made by Mortgagor with respect to the Property;
(g) All plans, drawings and specifications relating to the Property;
(h) All loan funds held by Mortgagee, whether or not disbursed;
(i) All funds deposited with Mortgagee pursuant to any Loan Document, including, without limitation, all “Restoration Funds” as defined in the Mortgage;
(j) All reserves, deferred payments, deposits, accounts, refunds, cost saving and payments of any kind related to the Property or any portion thereof, including, without limitation,
(i) all “Impounds” as defined in the Mortgage together with all replacements and proceeds of, and additions and accessions to, any of the foregoing,
(ii) and all books, records and files relating to any of the foregoing.
As used in this Exhibit “A”, (i) “Borrower” or “Mortgagor” refers to Defendant HPPC, LLC, a Florida limited liability company, (ii) “Mortgagee” refers to Plaintiff Wells Fargo Bank, N.A. (Successor in interest to Wells Fargo Bank Minnesota, N.A.), as Trustee, for Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2003-2, by and through ORIX Capital Markets, LLC, as Special Servicer; and (iii) “Mortgage” refers to the Mortgage and Absolute Assignment of Rents and Leases and Security Agreement (and Fixture Filing) dated as of May 22, 2003, executed by Borrower, and recorded on May 27, 2003 in Official Records Book 2234, Page 716, of the Public Records of Charlotte County, Florida (attached as Exhibit “C” to the Complaint on file in the instant action).
EXHIBIT '”A-1”
Legal Description
Lots 2 and 3, Block 23, CITY OF PUNTA GORDA, according to the Plat thereof as recorded in Plat Book 1, Page(s) 1, of the Public Records of Charlotte County, Florida.
Property Address: 1107 West Marion Avenue, Punta Gorda, Florida 33950.
Parcel Identification No. 412212255004.
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.
AMERICANS WITH DISABILITIES ACT (ADA) NOTICE:
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 Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, 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 12 day of March, 2014.
BARBARA T. SCOTT,
CLERK of COURT,
CHARLOTTE COUNTY, FLORIDA
(SEAL) By: J Miles
Deputy Clerk
Lee D. Mackson, Esq.
SHUTTS & BOWEN LLP
1500 Miami Center
201 S. Biscayne Blvd.
Miami, FL 33131
March 21, 28, 2014 14-00236T