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FIRST INSERTION
NOTICE OF SECOND1
FORECLOSURE SALE
IN THE CIRCUIT COURT OF
THE TWENTIETH JUDICIAL
CIRCUIT, IN AND FOR
COLLIER COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 2012-00424 CA
GECCMC 2003-C1 TAMIAMI
RETAIL LLC, a Florida limited
liability company,
Plaintiff, vs.
AUDUBON CENTER OF NAPLES, L.L.C., a Florida limited liability company; AUDUBON COUNTRY CLUB FOUNDATION, INC.,
a Florida non-profit corporation; and BOARD OF COUNTY
COMMISSIONERS, Collier County, Florida
NOTICE IS HEREBY GIVEN that pursuant to a Final Judgment of Foreclosure entered on August 16, 2012 in Case No. 12-00424 CA of the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, and in accordance with this Court's Agreed Order Vacating Certificate of Title and Directing Clerk to Conduct Second Foreclosure Sale, in which GECCMC 2003-C1 TAMIAMI RETAIL, LLC, a Florida limited liability company, is the Plaintiff and AUDUBON CENTER OF NAPLES, L.L.C., a Florida limited liability company; AUDUBON COUNTRY CLUB FOUNDATION, INC., a Florida non-profit corporation; and BOARD OF COUNTY COMMISSIONERS, Collier County, Florida, are the Defendants (collectively, the “Defendants”), the Clerk will sell to the highest and best bidder for cash in the Lobby on the third floor of the Courthouse Annex of the Collier County Courthouse, 3315 Tamiami Trail East, Naples Florida 34112 at 11 a.m. on the 5 day of JUNE, 2014 the following described real and personal property located in Collier County, Florida:
EXHIBIT “A”
REAL PROPERTY
LEGAL DESCRIPTION
Parcel 1
A portion of Tract Z of Audubon Commercial Center according to the plat thereof recorded in Plat Book 34, at Page 16 of the Public Records of Collier County, Florida, as described on Exhibit A-1 attached hereto and made a part hereof.
Parcel 2
Non-exclusive easements for the benefit of Parcel 1: (i) pursuant to the Declaration of Covenants, Easements and Restrictions for Tract C, Audubon Country Club recorded in Official Record Book 2542, Page 3465, as amended by instrument recorded in Official Record Book 2836, Page 3141 of the Public Records of Collier County, Florida, and (ii) pursuant to the Declaration of Covenants, Conditions, Restrictions, Easements and Reservations for Tract Z of Audubon Commercial Parcel as recorded in Official Record Book 3186 page 0684 of the Public Records of Collier County, Florida.
A PARCEL OF LAND LOCATED IN TRACT “Z”, AUDUBON COMMERCIAL CENTER, AS RECORDED IN PLAT BOOK 34, PAGES 16 THROUGH 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT “Z”, AUDUBON COMMERCIAL CENTER AS RECORDED IN PLAT BOOK 34, PAGES 16 THROUGH 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, PROCEED ALONG THE BOUNDARY OF SAID TRACT “Z” FOR THE FOLLOWING EIGHT COURSES:
1. S 87°50'25” W FOR 501.55 FEET:
2. THENCE N 12°28'59” E FOR 759.43 FEET;
3. THENCE N 87°50'25” E FOR 124.57 FEET;
4. THENCE N 02°09'35” W FOR 227.24 FEET;
5. THENCE NORTHWESTERLY 47.12 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET TROUGH A CENTRAL ANGLE OF 90°00'00” AND BEING SUBTENDED BY A CHORD WHICH BEARS N 47°09'35” W FOR 42.43 FEET;
6. THENCE N 87°50'25” E FOR 110.00 FEET;
7. THENCE SOUTHWESTERLY 47.12 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET THROUGH A CENTRAL ANGLE OF 90°00'00” AND BEING SUBTENDED BY A CHORD WHICH BEARS S 42°50'25” W FOR 42.43 FEET;
8. THENCE S 02°09'35” E FOR 227.24 FEET;
THENCE CONTINUE S 02°09'35” E FOR 183.13 FEET;
THENCE N 87°50'25” E FOR 135.00 FEET TO A POINT ON THE WEST RIGHT OF WAY U.S. 41 TAMIAMI TRAIL ALSO BEING THE EAST BOUNDARY OF SAID TRACT “Z”;
THENCE ALONG SAID WEST RIGHT OF WAY S 02°09'35” E FOR 551.64 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 286,514.53 SQUARE FEET OR 6.58 ACRES MORE OR LESS.
EXHIBIT “B”
PERSONAL PROPERTY
DESCRIPTION
DEBTOR:
AUDUBON CENTER
OF NAPLES, L.L.C.
SECURED PARTY: GECCMC-2003 C1
TAMIAMI RETAIL, LLC
(a) all buildings, structures and other improvements (the “Improvements”), now or at any time situated, placed or constructed upon the real property described in Exhibit A attached hereto (the “Land”), (b) all materials, supplies, equipment, apparatus and other items of personal property now owned or hereafter acquired by Debtor and now or hereafter attached to, installed in or used in connection with any of the Improvements or the Land, and water, gas, electrical, storm and sanitary sewer facilities and all other utilities whether or not situated in easements (the “Fixtures”), (c) all right, title and interest of Debtor in and to all goods, accounts, general intangibles, investment property, instruments, letters of credit, letter-of-credit rights, deposit accounts, documents, chattel paper and all other personal property of any kind or character, including such items of personal property as presently or hereafter defined in the UCC, now owned or hereafter acquired by Debtor and now or hereafter affixed to, placed upon, used in connection with, arising from or otherwise related to the Land and Improvements or which may be used in or relating to the planning, development, financing or operation of the Land, Improvements and Personalty, including, without limitation, furniture, furnishings, equipment, machinery, money, instance proceeds, accounts, contract rights, software, trademarks, goodwill, promissory notes, electronic and tangible chattel paper, payment intangibles, documents, trade names, licenses and for franchise agreements, rights of Debtor under leases of Fixtures or other personal property or equipment, inventory, all refundable, returnable or reimbursable fees, deposits or other funds or evidences of credit or indebtedness deposited by or on behalf of Debtor with any governmental authorities, boards, corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable or reimbursable tap fees, utility deposits, commitment fees and development costs, and commercial tort claims arising from the development, construction, use, occupancy, operation, maintenance, enjoyment, acquisition or ownership of the Land, Improvements, and Fixtures (the “Personalty”), (d) all reserves, escrows or impounds required under the Loan Agreement executed by Debtor and Secured Party and all deposit accounts (including accounts holding security deposits) maintained by Debtor with respect to the Land, Improvements and Personalty, (e) all plans, specifications, shop drawings and other technical descriptions prepared for construction, repair or alteration of the Improvements, and all amendments and modifications thereof (the “Plans”), (f) all leases, subleases, licenses, concessions, occupancy agreements, rental contracts, or other agreements (written or oral) now or hereafter existing relating to the use or occupancy of all or any part of the Land, Improvements, and Personalty, together with all guarantees, letters of credit and other credit support, modifications, extensions and renewals thereof (whether before or after the filing by or against Debtor of any petition of relief under 11 U.S.C. § 101 et seq., as same may be amended from time to time (the “Bankruptcy Code”)) and all related security and other deposits (the “Leases”) and all of Debtor's claims and rights (the “Bankruptcy Claims”) to the payment of damages arising from any rejection by a lessee of any Lease under the Bankruptcy Code, (g) all of the rents, revenues, issues, income, proceeds, profits, and all other payments of any kind under the Leases for using, leasing, licensing, possessing, operating from, residing in, selling or otherwise enjoying the Land, Improvements and Personalty whether paid or accruing before or after the filing by or against Debtor of any petition for relief under the Bankruptcy Code (the “Rents”), (h) all other agreements, such as construction contracts, architects' agreements, engineers' contracts, utility contracts, maintenance agreements, franchise agreements, service contracts, permits, licenses, certificates and entitlements in any way relating to the development, construction, use, occupancy, operation, maintenance, enjoyment, acquisition or ownership of the Land, Improvements and Personalty (the “Property Agreements”), (i) all rights, privileges, tenements, hereditaments, rights-of-way, easements, appendages and appurtenances appertaining to the foregoing, and all right, title and interest, if any, of Debtor in and to any streets, ways, alleys, strips or gores of land adjoining the Land or any part thereof, (j) all accessions, replacements and substitutions for any of the foregoing and all proceeds thereof, (k) all insurance policies (regardless of whether required by Secured Party), unearned premiums therefor and proceeds from such policies covering any of the above property now or hereafter acquired by Debtor, (l) all mineral, water, oil and gas rights now or hereafter acquired and relating to all or any part of the Land, Improvements, and Personalty, (m) all tradenames, trademarks, service marks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Land, Improvements and Personalty; and (n) all of Debtor's right, title and interest in and to any awards, remunerations, reimbursements, settlements or compensation heretofore made or hereafter to be made by any governmental authority pertaining to the Land, Improvements, Fixtures or Personalty.
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. Dwight E. Brock is the Clerk of the Court making the foregoing sale, Twentieth Judicial Circuit, Collier County, Florida.
ATTENTION: PERSONS WITH DISABILITIES IN COLLIER COUNTY:
If you are an individual with a disability who needs an accommodation in order to participate in a court proceeding or other court service, program, or activity, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Charles Rice, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (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.”
1 Second sale is necessary due to error found in legal description.
WITNESS my hand and the Seal of the Court on this 9 day of May, 2014
DWIGHT E. BROCK
Clerk of the Circuit Court
20TH Judicial Circuit
Collier County, Florida
By: Patricia Murphy
As Deputy Clerk
BILZIN, SUMBERG, BAENA
PRICE & AXELROD LLP
1450 Brickell Avenue, 23rd Floor
Miami, Florida 33131-3456
(305) 374-7580
MIAMI 4166661.1 72496/36182
May 16, 23, 2014 14-01324C