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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT
OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO. 2011-CA-51126
WELLS FARGO BANK, N. A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF MERRILL LYNCH MORTGAGE TRUST 2004-BPC1, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-BPC1,
Plaintiff, vs.
JSM @ COLLEGE POINTE, LTD., L.L.P.; and COLLEGE POINTE ASSOCIATION, INC.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure dated October 3, 2014, entered in Case No. 2011-CA-051126, 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 MERRILL LYNCH MORTGAGE TRUST 2004-BPC1, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-BPC1 is the Plaintiff, and JSM @ COLLEGE POINTE, LTD., L.L.P.; and COLLEGE POINTE ASSOCIATION, INC., 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 December 3, 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 EXHIBIT “A” and EXHIBIT “B”
ATTACHED HERETO AND MADE A PART HEREOF.
EXHIBIT A
LEGAL DESCRIPTION
Parcel One:
A parcel of land situated in the State of Florida, County of Lee, Lying in Sections 15 and 16, Township 45 South, Range 24 East, and being Tracts “C” and “H” and part of Tract “E” of College Pointe Subdivision according to the plat thereof as recorded in Plat Book 62 at Pages 76 through 78 of the Public Records of said Lee County, and further bounded and described as follows:
Starting at the northeast corner of Tract “A” of said College Pointe Subdivision; thence S 01°21'55” E along the East line of said Tract “A” and along the West line of said Tract “E” for 159.35 feet to the Point of Beginning of the herein described parcel; thence S 01°36'52” E along the East line of Tract “A” and along the West line of said Tract “C” for 96.51 feet; thence S 04 49'16” E along the East line of said Tract “A” and along the West line of said Tract “H” for 4.54 feet; thence N 88°33'27” E along the South line of said Tract “H” for 1067.44 feet; thence N 02°11'17” W along the East line of said Tract “H” for 24.78 feet; thence N 88°33'16” E along the South line of said Tract “H” for 231.71 feet; thence N 01°27'46” W along the East line of said Tract “H” for 120.09 feet; thence N 88°38'10” E along the South line of said Tract “H” for 99.71 feet; thence S 02°32'37” E along the West line of said Tract “H” for 19.99 feet; thence N 88°32'34” E along the South line of said Tract “H” for 467.23 feet to a point on the West right of way line of Winkler Road (80.00 feet wide) as shown on the plat of said College Pointe Subdivision; thence N 02°53'58” W along the West line of said Winkler Road and along the East line of Tract “H”, Tract “C” and Tract “E” of said subdivision for 751.70 feet; thence S 88°31'08” W along the North line of said Tract “E” for 448.24 feet; thence S 01°17'08” E along the West line of said Tract “E” for 213.65 feet; thence S 88°35'00” W along the North line of said Tract “E” for 571.26 feet; thence S 01°25'00” E for 113.09 feet to the beginning of a curve concave to the West having a radius of 217.50 feet; thence Southerly and Southwesterly along said curve through a central angle of 29°46'12” for 113.01 feet; said curve having a chord bearing of S 13°28'06” W and chord distance of 111.74 feet; thence S 28°21'12” W for 214.27 feet to the beginning of a curve concave to the Southeast having a radius of 94.50 feet; thence Southwesterly along said curve through a central angle of 29°36'12” for 48.83 feet, said curve having a chord bearing of S 13°33'06” W and a chord distance of 48.28 feet to the beginning of a reverse curve concave to the West having a radius of 105.50 feet, thence Southerly along said curve through a central angle of 08°53'06” for 16.36 feet, said curve having a chord bearing of S 03°11'33” W and a chord distance of 16.34 feet to the beginning of a reverse curve concave to the East having a radius of 174.50 feet; thence Southerly along said curve through a central angle of 09°04'39” for 27.65 feet, said curve having a chord bearing of S 03°05'47” W and a chord distance of 27.62 feet; thence S 01°26'33” E for 110.15 feet to a point on the North line of the aforesaid Tract “C”; thence S 88°33'27” W along the North line of said Tract “C” for 538.84 feet to the beginning of a curve concave to the North having a radius of 77.50 feet; thence Westerly and Northwesterly along said curve and along said North line of Tract “C” through a central angle of 26°28'18” for 35.81 feet, said curve having a chord bearing of N 78°12'24” W and a chord distance of 35.49 feet to the beginning of a reverse curve concave to the South having a radius of 122.50 feet; thence Westerly along said curve and along the North line of said Tract “C” through a central angle of 26°23'33” for 56.43 feet, said curve having a chord bearing of N 78°10'02” W and a chord distance of 55.93 feet; thence S 88°38'12” W along the North line of said Tract “C” for 23.40 feet to the beginning of a curve concave to the Northeast having a radius of 25.00 feet; thence Westerly, Northwesterly and Northerly along said curve and along the Northerly line of said Tract “C” through a central angle of 89°59'53” for 39.27 feet, said curve having a chord bearing of N 46°21'52” W and a chord distance of 35.35 feet to the Point of Beginning
Less Tracts “C” and “H” of said College Pointe Subdivision.
Parcel Two:
A non-exclusive easement for the benefit of the Parcel One created by the Plat of College Pointe for ingress and egress over Tract C College Pointe and all roads dedicated by the Plat of College Pointe according to the plat thereof, filed in Plat Book 62, Page 76, Public Records of Lee County, Florida.
Parcel Three:
Non-exclusive easements for the benefit of Parcel One created by the Agreement of JSM @ College Pointe, LTD, L.L.P., recorded in Official Records Book 3654, Page 2818, over and across undefined areas of Phase I Property, as described in the Agreement, for the purposes described therein.
EXHIBIT B
Debtors:
JSM @ College Pointe, Ltd., L.L.P. a Florida limited liability limited partnership
Secured Party:
Merrill Lynch Mortgage Lending, Inc.
4 World Financial Center
250 Vesey Street
New York, NY 10080
Property Address:
8650-8711 Wesleyan Drive;
6010-6020 Drexel Lane, Fort Myers, Florida
All of the following property (the “Property”) now or hereafter owned by Debtor:
FIRST, all plots, pieces or parcels of real property described in Exhibit A hereto (the “Premises”);
SECOND, all buildings, structures and improvements of every kind or nature now or hereafter located on the Premises (collectively, the “Improvements”);
THIRD, all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, wells, water courses, water rights, ditches, reservoirs, air rights and development rights, lateral supports, foundations and drainage, and all estates, rights, interests, reversions, remainders, tenements, hereditaments and appurtenances of any nature whatsoever located on, under, above or pertaining to the Premises and Improvements;
FOURTH, all machinery, equipment, fittings, furniture, furnishings, fixtures (including, but not limited to, all heating, air conditioning, ventilating. waste disposal, sprinkler and fire and theft protection equipment, plumbing, lighting, communications and elevator fixtures), building equipment, materials and supplies, and all warranties and guaranties relating thereto, and all other property of every kind and nature whatsoever, now or hereafter located upon, in or used in connection with the Premises or the Improvements or appurtenant thereto (collectively, the “Equipment”);
FIFTH, all leases, tenancies, licenses, subleases, assignments and other agreements affecting the use, enjoyment or occupancy of all or any portion of the Premises or the Improvements now existing or hereafter entered into, and all amendments, renewals and extensions thereto, together with all income, rents, issues, profits, revenues and, royalties therefrom, and all security deposits, guarantees or other security held by Debtor in connection therewith, and all other credits, rights, options, claims and causes of action of Debtor in connection with any of the foregoing;
SIXTH, all proceeds, awards and payments, including interest thereon, which may hereafter be made with respect to all or any portion of the Property in connection with any condemnation, eminent domain proceeding or other taking, and all proceeds o4 and any unearned premiums under, any insurance policies coveting all or any portion of the Property, and all refunds or rebates of taxes, impositions or other charges, or in connection with other Property, and any interest thereon;
SEVENTH, all accounts, finds, deposits and reserves, including without limitation, those certain reserves referred to in or governed by Article IV of that certain Amended and Restated Multifamily Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (as the same may be amended, modified, extended or restated from time to time) given by Debtor to Secured Party and encumbering the Premises and all accounts receivable, contract tights, tights, claims, actions, general intangibles, trademarks, trade names, franchises, service marks, building names and logos;
EIGHTH, all licenses, permits, building permits, certificates, certificates of occupancy, consents, authorizations, approvals, variances and land use entitlements for the construction, use, occupancy and operation of the Improvements and the Premises;
NINTH, all contracts, documents, agreements and arrangements to which Debtor is a party or bound or which relate to the use, operation, ownership or enjoyment of the Property, including without limitation all service contracts, management agreements, zoning agreements, development agreements, utility agreements, parking arrangements, operating contracts, supply and maintenance contacts, equipment or other personal property leases; and all amendments thereto; and all income, revenue, rights of reimbursement and benefits therefrom, and all deposits, security, credits and advance payments in connection with any of the foregoing; and all books and records relating to the Property;
TENTH, all claims with respect to the Property, including without limitation, for loss or damage arising from any defect in or with respect to the design or construction of the Improvements or the Equipment; and the right to appear in and defend any action or proceeding, in the name and on behalf of Debtor, brought with respect to any of the Property; and the right to commence any action or proceeding to protect the interest of Lender in such Property;
ELEVENTH, all drawings, designs, architectural renderings, models, surveys, reports, studies, tests, plans and specifications for the design, development, construction, repair, improvement, ownership or operation of the Property,
TWELFTH, all oil, gas, minerals, timber and crops in, on, under or pertaining to the Premises and all royalties, revenues, leasehold and other rights and interests of Debtor pertaining thereto, including, without limitation, any surface or subsurface entry rights to the Premises or any other property; and
THIRTEENTH, all renewals, substitutions, improvements, accessions, attachments, additions, replacements and all proceeds to or of each of the foregoing, and all conversions of the0020security constituted thereby.
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 13 day of October, 2014.
LINDA DOGGETT,
CLERK OF THE CIRCUIT COURT
LEE COUNTY, FLORIDA
(SEAL) By: S. Hughes
Deputy Clerk
John W. Bustard, Esq.
Shutts & Bowen LLP
1500 Miami Center
201 S. Biscayne Blvd.
Miami, FL 33131
October 17, 24, 2014 14-04642L