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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE
THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO.: 13-CA-014372
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006-1, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-1, BY AND THROUGH CWCAPITAL ASSET MANAGEMENT LLC, SOLELY IN ITS CAPACITY AS SPECIAL SERVICER,
Plaintiff, vs.
BRECKENRIDGE I LLC, a
Delaware limited liability company,
Defendant.
NOTICE IS HEREBY GIVEN that pursuant to a Summary Final Judgment of Foreclosure entered in this cause on October 29, 2014, pending in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, Case No.: 13-CA-014372, the Clerk of the Court will offer for sale, the real and personal property situated in said County, described as:
PARCEL A (FEE SIMPLE ESTATE)
Tract B, Block 2, BRECKENRIDGE PARK - UNIT ONE, according to the Plat thereof as recorded in Plat Book 55, Page 6, of the Public Records of Hillsborough County, Florida.
PARCEL B (FEE SIMPLE ESTATE)
That part of the Southeast 1/4, Section 36, Township 28 South, Range 19 East, Hillsborough County, Florida, being more fully described as follows:
Commence at the Northwest corner of the Southeast 1/4 of said Section 36; thence South 00 degrees 01 minutes 11 seconds West, along the West boundary line of the said Southeast 1/4 of Section 36, for a distance of 855.91 feet to the POINT OF BEGINNING; thence South 89 degrees 58 minutes 49 seconds East, for a distance of 485.00 feet, to a point on the West right-of-way line of Breckenridge Parkway, as recorded in BRECKENRIDGE PARK - UNIT ONE, as recorded in Plat Book 55, Page 6 of the Public Records of Hillsborough County, Florida; thence South 00 degrees 01 minutes 11 seconds West, along the said West right-of-way line, for a distance of 91.71 feet; thence North 89 degrees 58 minutes 49 seconds West, for a distance of 25.00 feet; thence South 00 degrees 01 minutes 11 seconds West, for a distance of 35.00 feet; thence South 89 degrees 58 minutes 49 seconds East, for a distance of 25.00 feet, to a point on the said West right-of-way line of Breckenridge Parkway; thence South 00 degrees 01 minutes 11 seconds West, along the said West right-of-way line, for a distance of 122.97 feet, to the point of a tangent curve; concave Northeasterly; thence along the arc of the said curve, for a distance of 46.29 feet; through a central angle of 20 degrees 24 minutes 10 seconds, having a radius of 130.00 feet, a long chord of 46.05 feet, chord bearing South 10 degrees 11 minutes 01 seconds East; thence North 89 degrees 58 minutes 49 seconds West, for a distance of 493.17 feet, to a point on the West line of the said Southeast 1/4 of said Section 36; thence North 00 degrees 01 minutes 11 seconds East; along the said West line of said Southeast 1/4 for a distance of 22.81 feet; thence North 00 degrees 01 minutes 11 seconds East, continuing along the said West line of said Southeast 1/4 of Section 36, for a distance of 272.19 feet to the POINT OF BEGINNING.
PARCEL C (NON-EXCLUSIVE EASEMENT ESTATE)
A sixty foot (60') wide easement for ingress, egress and utilities for the benefit of Parcel B over the following described property, as more particularly set forth in that certain Declaration of Easement for Ingress, Egress and Utilities recorded April 25, 1985 in Official Records Book 4547, Page 238 of the Public Records of Hillsborough County, Florida, to wit: Being that portion of the Southeast 1/4 of Section 36, Township 28 South, Range 19 East, Hillsborough County Florida, more fully described as follows:
Commence at the Northwest corner of the Southeast 1/4 of Section 36; thence South 00 degrees 01 minutes 11 seconds West, along the West boundary line of the said Southeast 1/4 of Section 36, for a distance of 1128.10 feet; thence continuing South 00 degrees 01 minutes 11 seconds West, along the said West line, for a distance of 22.81 feet to the POINT OF BEGINNING; thence South 89 degrees 58 minutes 49 seconds East, for a distance of 493.17 feet, to a point on the Westerly right-of-way line of Breckenridge Parkway, as recorded in BRECKENRIDGE PARK - UNIT ONE, as recorded in Plat Book 55, Page 6 of the Public Records of Hillsborough County, Florida, said point being the point of a non-tangent curve, concave Northeasterly; thence along the arc of the said curve, for a distance of 76.77 feet; through a central angle of 33 degrees 50 minutes 03 seconds, having a radius of 130.00 feet, a long chord of 75.66 feet, chord bearing South 37 degrees 30 minutes 30 seconds East; thence North 89 degrees 58 minutes 49 seconds West, for a distance of 539.19 feet, to a point on the West line of the Southeast 1/4 of said Section 36; thence North 00 degrees 01 minutes 11 seconds East, along the said West line, for a distance of 60.00 feet to the POINT OF BEGINNING.
PARCEL D (NON-EXCLUSIVE EASEMENT ESTATE)
Easement for the benefit of PARCEL A as created by that certain Private Drainage and Detention Easement as shown on the Plat of BRECKENRIDGE PARK - UNIT ONE, according to the Plat thereof as recorded in Plat Book 55, Page 6, of the Public Records of Hillsborough County, Florida for the purpose of stormwater runoff and detention only.
PARCEL E (FEE SIMPLE ESTATE)
Tract A, Block 1, Tract A, Block 2 and all of Block 3, of BRECKENRIDGE PARK — UNIT ONE, according to the Plat thereof recorded in Plat Book 55, Page 6, of the Public Records of Hillsborough County, Florida.
TOGETHER WITH:
All of BRECEKNRIDGE I LLC's (hereafter “Borrower”) assets and personal property, including without limitation, all of Borrower's accounts, equipment, fixtures, inventory, goods, accessions, software, general intangibles, payment intangibles, deposit accounts, documents, instruments, money, chattel paper (whether electronic or tangible), investment property, letters of credit, letters of credit rights, supporting obligations, commercial tort claims, oil, gas and mineral rights (whether before extraction or as extracted collateral), and all proceeds of the foregoing, (whether cash or non-cash proceeds, including insurance proceeds).
at public sale to the highest and best bidder for cash on the 8th day of January, 2015, in Hillsborough County, Florida by electronic sale beginning at 10:00 a.m. on the prescribed date at www.hillsborough.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 31st day of October, 2014.
TODD F. KOBRIN, ESQ.
Florida Bar No.: 0946958
SHUTTS & BOWEN LLP
300 South Orange Avenue, Suite 1000
P.O. Box 4956 (ZIP 32802-4956)
Orlando, Florida 32801-3373
407-423-3200; 407-425-8316 (fax)
ATTORNEYS FOR PLAINTIFF
November 7, 14, 2014 14-07976H