-
-
Loading
Loading
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT
OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO. 2014-CA-050481
WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2004- CIBC8, BY AND THROUGH ORIX CAPITAL MARKETS, LLC, AS SPECIAL SERVICER,
Plaintiff, v.
FWI 25 LLC, a Delaware limited liability company (an undivided 25% interest); et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Summary Judgment of Foreclosure dated Sept. 26, 2014, entered in Case No. 2014-CA-050481, in the Circuit Court of the 20th Judicial Circuit in and for Lee County, Florida, wherein WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-CIBC8, BY AND THROUGH ORIX CAPITAL MARKETS, LLC, AS SPECIAL SERVICER, is the Plaintiff, and FWI 25 LLC, a Delaware limited liability company (an undivided 25% interest); THE RELLES, LLC, a Delaware limited liability company (an undivided 63.4% interest); THE LEMKE, LLC, a Delaware limited liability company (an undivided 11.6% interest); JOE ERNEST FERNANDEZ, JR. d/b/a ERNIE'S SIGNS; and IMPERIAL-BONITA PROPERTY OWNERS' ASSOCIATION, INC., a Florida non-profit corporation, are the Defendants, I will sell to the highest and best bidder for cash, at public sale at the Lee County Clerk's website for on-line auctions on November 10, 2014 at 9:00 a.m., via the Internet at www.lee.realforeclose.com, the following described property situated in Lee 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, whether now owned or hereafter acquired (collectively, the “Property”):
(A) All that certain real property situated in the County of Lee, State of Florida, more particularly described on Exhibit “A-1” attached hereto and incorporated herein by this reference (the “Real Estate”), together with all of the easements, rights, privileges, franchises, tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in any way appertaining and all of the estate, right, title, interest, claim and demand whatsoever of Borrower therein or thereto, either at law or in equity, in possession or in expectancy, now or hereafter acquired;
(B) All structures, buildings and improvements of every kind and description now or at any time hereafter located or placed on the Real Estate and owned by Borrower (the “Improvements”);
(C) All furniture, furnishings, fixtures, goods, equipment, inventory or personal property owned by Borrower and now or hereafter located on, attached to or used in and about the Improvements, including, but not limited to, all machines, engines, boilers, dynamos, elevators, stokers, tanks, cabinets, awnings, screens, shades, blinds, carpets, draperies, lawn mowers, and all appliances, plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposal and incinerating equipment, and all fixtures and appurtenances thereto, and such other goods and chattels and personal property owned by Borrower as are now or hereafter used or furnished in operating the Improvements, or the activities conducted therein, and all building materials and equipment hereafter situated on or about the Real Estate or Improvements, and all warranties and guaranties relating thereto, and all additions thereto and substitutions and replacements therefor (exclusive of any of the foregoing owned or leased by tenants of space in the Improvements);
(D) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, and other emblements now or hereafter located on the Real Estate or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in any way belonging, relating or appertaining to the Real Estate and/or Improvements or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Borrower;
(E) All water, ditches, wells, reservoirs and drains and all water, ditch, well, reservoir and drainage rights which are appurtenant to, located on, under or above or used in connection with the Real Estate or the Improvements, or any part thereof, whether now existing or hereafter created or acquired;
(F) All minerals, crops, timber, trees, shrubs, flowers and landscaping features now or hereafter located on, under or above the Real Estate;
(G) All cash funds, deposit accounts and other rights and evidence of rights to cash, now or hereafter created or held by Lender pursuant to the Mortgage or any other of the Loan Documents, including, without limitation, all funds now or hereafter on deposit in the Impound Account as defined in Section 1.6 of the Mortgage, and in the reserves required pursuant to the Section 1.28 of the Mortgage (collectively, the “Reserves”);
(H) All leases (including, without limitation, oil, gas and mineral leases), licenses, concessions and occupancy agreements of all or any part of the Real Estate or the Improvements now or hereafter entered into (each, a “Lease” and collectively, the “Leases”) and all rents, royalties, issues, profits, revenue, income, and other benefits (collectively, the “Rents and Profits”) of the Real Estate or the Improvements, now or hereafter arising from the use or enjoyment of all or any portion thereof or from any present or future Lease or other agreement pertaining thereto or arising from any of the Contracts (as hereinafter defined) or any of the General Intangibles (as hereinafter defined) and all cash or securities deposited to secure performance by the tenants, lessees or licensees, as applicable (each, a “Tenant” and collectively, the “Tenants”), of their obligations under any such Leases, whether said cash or securities are to be held until the expiration of the terms of said Leases or applied to one or more of the installments of rent coming due prior to the expiration of said terms, subject to, however, the provisions contained in Section
1.9 of the Mortgage;
(I) All contracts and agreements now or hereafter entered into covering any part of the Real Estate or the Improvements (collectively, the “Contracts”) and all revenue, income and other benefits thereof, including, without limitation, management agreements, franchise agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Real Estate or the Improvements (including plans, drawings, surveys, tests, reports, bonds and governmental approvals) or to the management or operation of any part of the Real Estate or the Improvements and any and all warranties and guaranties relating to the Real Estate or the Improvements or any fixtures, equipment or personal property owned by Borrower and located on and/or used in connection with the Property;
(J) All present and future monetary deposits given to any public or private utility with respect to utility services furnished to any part of the Real Estate or the Improvements;
(K) All present and future funds, accounts, instruments, accounts receivable, documents, causes of action, claims, general intangibles (including, without limitation, trademarks, trade names, servicemarks and symbols now or hereafter used in connection with any part of the Real Estate or the Improvements, all names by which the Real Estate or the Improvements may be operated or known, all rights to carry on business under such names, and all rights, interest and privileges which Borrower has or may have as developer or declarant under any covenants, restrictions or declarations now or hereafter relating to the Real Estate or the Improvements) and all notes or chattel paper now or hereafter arising from or by virtue of any transactions related to the Real Estate or the Improvements (collectively, the “General Intangibles”);
(L) All water taps, sewer taps, certificates of occupancy, permits, licenses, franchises, certificates, consents, approvals and other rights and privileges now or hereafter obtained in connection with the Real Estate or the Improvements and all present and future warranties and guaranties relating to the Improvements or to any equipment, fixtures, furniture, furnishings, personal property or components of any of the foregoing now or hereafter located or installed on the Real Estate or the Improvements;
(M) All building materials, supplies and equipment now or hereafter placed on the Real Estate or in the Improvements and all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Real Estate or the Improvements;
(N) All right, title and interest of Borrower in any insurance policies or binders now or hereafter relating to the Property, including any unearned premiums thereon;
(0) All proceeds, products, substitutions and accessions (including claims and demands therefor) of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, proceeds of insurance and condemnation awards and proceeds of refunds or any Taxes or Other Charges with respect to any period in which the Mortgage encumbers the Property; and
(P) All other or greater rights and interests of every nature in the Real Estate or the Improvements and in the possession or use thereof and income therefrom, whether now owned or hereafter acquired by Borrower.
As used in this Exhibit “A”, (i) “Borrower” refers jointly and collectively to Defendants, FWI 25 LLC, a Delaware limited liability company (an undivided 25% interest), THE RELLES, LLC, a Delaware limited liability company (an undivided 63.4% interest), and THE LEMKE, LLC, a Delaware limited liability company (an undivided 11.6% interest), (ii) “Lender” refers to Plaintiff Wells Fargo Bank, N.A., as Trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2004-CIBC8, by and through ORIX Capital Markets, LLC, as Special Servicer, and (iii) Mortgage refers to the Mortgage and Security Agreement dated as of January 7, 2004 and recorded on January 9, 2004 in Official Records Book 4167, Page 3696, of the Public Records of Lee County, Florida (attached as Exhibit “C” to the Complaint on file in the instant action).
EXHIBIT “A-1”
Legal Description
Parcel 1:
Lots 2 and 3, IMPERIAL - BONITA PLAZA PLAT, according to the Plat thereof, as recorded in Plat Book 68, Page 39, of the Public Records of Lee County, Florida, LESS AND EXCEPTING that part of Lot 3, being more particularly described as follows:
Commencing at the Southwest comer of the aforesaid Lot 3; thence run North 01°12'30” West along the West line of said Lot 3 for 228.29 feet; thence run North 00°25'54” East along the West line of said Lot 3 for 29.76 feet; thence run North 88°45'37” East for 64.20 feet to the POINT OF BEGINNING; thence continue North 88°45'37” East for 107.45 feet; thence run South 01°15'23” East (passing by the West edge of an existing retail building) for 110.00 feet; thence run South 88°45'37” West for 94.60 feet to a point of curvature; thence run Northwesterly for 23.57 feet along the arc of a curve concave Northeasterly, with a radius of 15.00 feet, a delta of 90°01 '39”, a chord bearing of North 46°13'33” West and a chord distance of 21.22 feet to a point of tangency; thence run North 01°12'45” West for 86.12 feet to a point of curvature; thence run Northeasterly for 9.19 feet along the arc of a curve concave to the Southeasterly with a radius of 20.00 feet, a delta of 26°19'31'', a chord bearing of North 11°57'02” East and a chord distance of 9.ll feet to the POINT OF BEGINNING.
Parcel 2:
A perpetual non-exclusive Easement for the benefit of Parcel 1 for vehicular and pedestrian ingress and egress and other purposes as contained in the Declaration of Easements recorded in Official Records Book 3371, Page 3519, of the Public Records of Lee County, Florida, as affected by Access Easement Agreement recorded in Official Records Book 3769, Page 2716 and recorded in Official Records Book 3805, Page 4506, both of the Public Records of Lee County, Florida.
Parcel 3:
A non-exclusive Easement for the benefit of Parcel 1 for ingress, egress, parking, utility lines, facilities, building encroachment, permanent service, access driveways all as contained in the Declaration of Restrictions and Easements for Imperial - Bonita Plaza recorded in Official Records Book 3377, Page 4322, of the Public Records of Lee County, Florida, as amended in Official Records Book 4015, Page 579, both of the Public Records of Lee County, Florida.
Parcel 4:
A non-exclusive easement for the benefit of Parcel 1 for cross drainage and storm water retention/detention purposes all as contained in the Declaration of Easements, Rights and Maintenance Covenants for Stormwater and Conservation Area Management for Imperial - Bonita Plaza recorded in Official Records Book 3377, Page 4435, of the Public Records of Lee County, Florida, as amended in Official Records Book 4015, Page 541, of the Public Records of Lee County, Florida.
Property Address: 11611 Bonita Beach Road, Bonita Springs, FL 34135.
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.
DATED THIS 26th day of September, 2013.
LINDA DOGGETT
CLERK OF Circuit Court,
LEE COUNTY, FLORIDA
(SEAL) By: T. Cline
Deputy Clerk
Lee D. Mackson, Esq.
Shutts & Bowen LLP
1500 Miami Center
201 South Biscayne Boulevard
Miami, FL 33131
October 3, 10, 2014 14-04379L