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FIRST INSERTION
NOTICE OF SALE
in the circuit court of the TWENTIETH judicial circuit, In and for
COLLIER county, florida
Case No. 2012-CA-003103
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR TO WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CITIGROUP COMMERCIAL MORTGAGE TRUST 2007-C6, COMMERCIAL MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2007-C6, BY AND THROUGH CWCAPITAL ASSET MANAGEMENT LLC, SOLELY IN ITS CAPACITY AS SPECIAL SERVICER,
Plaintiff, vs.
UNIVERSITY VILLAGE FLORIDA, LLC, a Delaware limited liability company, CAPE CORAL FLORIDA, LLC, a Delaware limited liability company, DEW ASSOCIATES FLORIDA, LLC, a Delaware limited liability company, CONFIDENCE TRUCKING, INC. a/k/a CONFIDENCE TRUCKING W/C LLC, and ERI S. KROH,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Agreed Final Judgment of Foreclosure filed on April 23, 2014 (the “Judgment”), in that certain cause pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, wherein U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR TO WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CITIGROUP COMMERCIAL MORTGAGE TRUST 2007-C6, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C6, BY AND THROUGH CWCAPITAL ASSET MANAGEMENT LLC, SOLELY IN ITS CAPACITY AS SPECIAL SERVICER, is Plaintiff, and UNIVERSITY VILLAGE FLORIDA, LLC, a Delaware limited liability company, CAPE CORAL FLORIDA, LLC, a Delaware limited liability company, DEW ASSOCIATES FLORIDA, LLC, a Delaware limited liability company, CONFIDENCE TRUCKING, INC. a/k/a CONFIDENCE TRUCKING W/C LLC, and ERI S. KROH, are Defendants, in Case No. 2012-CA-003103, the Clerk of Court shall, at 11:00 a.m. on May 29, 2014, offer for sale and sell to the highest bidder for cash in the lobby on the third floor of the Courthouse Annex in the Collier County Courthouse, 3315 Tamiami Trail East, Naples, Collier County, Florida 34112, in accordance with Section 45.031, Florida Statutes, the following described real and personal property, situated and being in Charlotte County, Collier County and Lee County, Florida, to-wit:
REAL PROPERTY DESCRIPTION:
SEE ATTACHED EXHIBIT “A”
PERSONAL PROPERTY DESCRIPTION:
SEE ATTACHED EXHIBIT “B”
EXHIBIT A
PAGE 1 OF 3
Parcel 1
Lots 1, 2 and 3, Re-Subdivision of Block 39, GIDDEN'S ADDITION TO CHARLOTTE HARBOR, a Subdivision, according to the Plat thereof, as recorded in Plat Book 6, Page 10, of the Public Records of Charlotte County, Florida.
Parcel 2
Lots 1 and 2, Block C of BERKLEY HEIGHTS, according to the map or plat thereof, recorded in Plat Book 4, Page 58 of the Public Records of Lee County, Florida, LESS AND EXCEPT a strip 17 feet wide on the Northwesterly side for right of way purposes and also LESS AND EXCEPT a triangular-shaped parcel at the Northeast corner of said Lot 1 and also LESS AND EXCEPT a strip 25 feet in width, centered from the Southeast corner of Lot 1 to the Southwest corner of Lot 2.
Parcel 3
A tract of land lying and being in SECTION 14, TOWNSHIP 45 SOUTH, RANGE 24 EAST, Lee County, Florida, and being more particularly described as follows:
Commencing at the Northeast corner of the Southeast 1/4 of the Northeast 1/4 of said Section 14, run South 89°36'57” West along an extension of Crystal Drive for 137.12 feet to a point on the Westerly right of way line of U.S. 41 (State Road 45); thence run South 01°16'00” East along said Westerly right of way line for 19.35 feet to the Point of Beginning. From said Point of Beginning continue South 01Ëš16'00” East along said Westerly right of way line for 120.00 feet; thence South 88Ëš54'58” West for 301.61 feet; thence North 01°16'00” for 89.91 feet to a point of curvature; thence run Northerly, Northeasterly and Easterly along the arc of a curve to the right with a radius of 30.00 feet (chord distance - 42.49 feet, chord bearing - North 43Ëš49'29” East) for 47.22 feet to a point of tangency; thence North 88°54'58” East for 271.52 feet to the Point of Beginning.
Parcel 4
Lots 27, 28 and 29, Block 665 of CAPE CORAL UNIT 21, according to the map or plat thereof as recorded in Plat Book 13, Page 149 thru 173, inclusive, of the Public Records of Lee County, Florida, less right of way as per Official Records Book 2218, Page 2160 of the Public Records of Lee County, Florida. Said parcel being more particularly described as follows:
Beginning at the Northeast corner of said Lot 27, thence run South 01Ëš29'09” West along the East line of said Lots for 90.00 feet; thence run North 88°30'51” West, along the North line of said aforementioned right of way for 100.00 feet to the P.O. of a curve to the right having for it's elements radius 25.00 feet, Delta=90Ëš00'00”, arc=39.27 feet to the P.T. of said curve, thence run North 01Ëš29'09” East for 65.00 feet to the Northwest corner of said Lot 27, thence run South 88°30'51” East for 125.00 feet to the Point of Beginning.
TOGETHER WITH Lots 82, 83, 84 and 85, Block 665 of CAPE CORAL UNIT 21, according to the map or plat thereof as recorded in Plat Book 13, Page 149 thru 173 of the Public Records of Lee County, Florida, less and except the part conveyed to the City of Cape Coral by Official Records Book 2212, Page 1957 of the Public Records of Lee County, Florida.
EXHIBIT A
PAGE 2 OF 3
Parcel 5
Parcel A
A tract or parcel of land lying in Government Lot 1 (Also referred as the Northeast Quarter) (NE 1/4) of the Northeast Quarter (NE 1/4), Section 4, Township 48 South, Range 25 East, Lee County, Florida, which tract or parcel is described as follows: From the Northwest corner of said Government lot and said fraction, Run S 00 degrees 36' 48” E along the West line of said lot and said fraction for 1,147.17 feet; hence deflect 89 degrees 18'55” to the left and Run S 89 degrees 55' 43” E for 33.00 feet to the East line of Beaumont Road (66 feet wide) at the Southwest corner of lands described in Deed and Recorded in Official Record Book 536, Page 876, Lee County Records and the point of beginning. From said point of beginning, continue S 89 degrees 55' 43” E along the Southerly line of said lands described in said Deed for 313.52 feet to an intersection with the Westerly line of State Road No. 45 (U.S. 41) (200 feet wide) as described in Deed and Recorded in Official Records Book 930 at Page 752 of said Public Records; thence run Southerly along said Westerly line along the Arc of a curve to the Right having a radius of 34,227.47 feet (Chord Bearing S 03 degrees 16' 35” E), (Chord 150.26 feet), (Delta 00 degrees 15' 04”) for 150.26 feet; thence N 89 degrees 55' 43” W, distance of 320.50 feet to said East right-of-way line of Beaumont Road: Thence N 00 degrees 36' 48” W, a distance of 150.01 feet to the point of beginning.
Together with a non-exclusive easement recorded as Book 2887, Page 3470 over and across the following described property:
Parcel B.
A tract or parcel of land lying in Government Lot 1 (Also referred as the Northeast Quarter) (NE 1/4) of the Northeast Quarter (NE 1/4), Section 4, Township 48 South, Range 25 East, Lee County, Florida, which tract or parcel is described as follows: From the Northwest corner of said Government lot and said fraction, Run S 00 degrees 36'48” E along the West line of said lot and said fraction for 1,147.17 feet; thence deflect 89 degrees 18'55” to the left and Run S 89 degrees 55' 43” E for 33.00 feet to the East line of Beaumont Road (66 feet wide) at the Southwest corner of lands described in Deed and Recorded in Official Record Book 536, Page 876, Lee County Records; thence South 00 degrees 36' 48” East, along said East line of Beaumont Road, for a distance of 150.01 feet; thence South 89 degrees 55'43” East for a distance of 259.16 feet to the point of beginning; thence continue South 89 degrees 55' 43” East, for a distance of 61.34 feet to a point on a curve concave to the West, and the West right of way line of State Road 45 (U.S. 41), said point bears North 86 degrees 50' 57” East from the radius point of said curve; thence 80.30 feet, Southerly along the arc of said curve and the Westerly right of way line of State Road 45, through a central angle of 00 degrees 08' 03” to a point that bears North 89 degrees 59' 00” East from the radius point; thence South 86 degrees 59' 00” West, for a distance of 56.69 feet; thence North 03 degrees 15' 13” West for 70.96 feet to a point of curvature of a curve, concave to the Southwest, having a radius of 10.00 feet; thence 9.95 feet, Northerly and Westerly through a central angle of 57 degrees 00' 12” to the point of tangency; thence North 00 degrees 04' 17” East, for a distance of 4.28 feet to the point of beginning.
Parcel C
Including a reciprocal cross-easement described in Official Records Book 3170, Page 158 and re-recorded in Official Records Book 3174, Page 3705.
Parcel 6
Lots 36 and 37, Block 74; Golden Gate Unit 2, according to the map or plat thereof recorded in Plat Book 5, pages 65 through 77, inclusive, of the public records of Collier County, Florida.
EXHIBIT A
PAGE 3 OF 3
Parcel 7
Description: Parcel A - Fee Parcel
A parcel of land situated in the State of Florida, County of Lee, City of Cape Coral, Section 14, Township 44 South, Range 23 East, being all of Lot 1, Block 6621, Santa Barbara Center, a subdivision recorded in Plat Book 53, at Pages 22 through 25, in the Public Records of Lee County, Florida, and further described as follows:
Beginning at the Northwest corner of said Lot 1, Block 6621; thence N 63Ëš26'06” E, along the Northerly line of said Lot 1 for 306.97 feet to the beginning of a tangent curve concave to the Southwest having a radius of 25.00 feet; thence Southeasterly along the arc of said curve through a central angle of 116°40'31” for 50.91 feet: thence S 00°06'37” W, along the East line of said Lot 1 for 199.85 feet; thence N 89°58'09” W along the South line of said Lot 1 for 267.94 feet; thence N 26Ëš33'54” W, along the Westerly line of said Lot 1 for 94.85 feet to the Point of Beginning.
Bearings based on the Northerly line of Lot 1, Block 6621, Santa Barbara Center, as bearing N 63Ëš26'06” E, per Plat.
Together with:
Parcel B:
A perpetual and non-exclusive easement for ingress and egress for vehicular and pedestrian traffic pursuant to that certain Cross Access Easement recorded on March 5, 1992 in Official Records Book 2281, at Page 3748, together with First Amendment to Cross Access Easement recorded May 13, 1993 in Official Records Book 2387, at Page 1205, Public Records of Lee County, Florida.
Parcel C:
A perpetual and non-exclusive Parking Easement pursuant to that certain Reciprocal Parking Easement recorded on March 5, 1992, in Official Records Book 2281, at Page 3761, Public Records of Lee County, Florida.
EXHIBIT B
PERSONAL PROPERTY DESCRIPTION
All assets of UNIVERSITY VILLAGE FLORIDA, LLC, a Delaware limited liability company, CAPE CORAL FLORIDA, LLC, a Delaware limited liability company, and DEW ASSOCIATES FLORIDA, LLC, a Delaware limited liability company, of every kind and nature, wherever located, related to the ownership or operation of the real property described on the foregoing Exhibit A, including without limitation, accounts, deposit 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.
Said sale will be made pursuant to and in order to satisfy the terms of the Final Judgment of Foreclosure.
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.
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 Administrative Services Manager, 3311 East Tamiami Trail, Naples, FL 34112, (239) 252-8800, 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 24 day of April, 2014.
Dwight E. Brock
As Clerk of the Court
(SEAL) By Patricia Murphy
As Deputy Clerk
Joseph E. Foster, Esquire
Florida Bar No. 282091
AKERMAN LLP
420 South Orange Avenue
Suite 1200
Orlando, FL 32801
Telephone: (407)423-4000
Facsimile: (407) 843-6610
[email protected]
May 2, 9, 2014 14-00398T