15-01896M

AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 2015-CA-001358-AX
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MERRILL LYNCH MORTGAGE TRUST 2007-C1, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C1,
Plaintiff, vs.
PLAZA DEL RIO ASSOCIATES, LLC, a Delaware limited liability company; UNITED MECHANICAL, INC., a Florida corporation; and NETCOM SERVICES, INCORPORATED, a Florida corporation,
Defendants,
NOTICE IS HEREBY GIVEN that, pursuant to the Amended Uniform Final Judgment of Mortgage Foreclosure entered August 18, 2015 in the above-styled cause, in the Circuit Court of Manatee County, Florida, I, Clerk of the Circuit Court, will sell the following property, situated in Manatee County, Florida, and more particularly described as follows:
The Leasehold estate created by the Lease by and between the City of Bradenton to Lands Edge Corp., a Florida corporation, recorded in Official Records Book 1052, Page 1616; modified by Modification of Lease recorded in Official Records Book 1052, Page 3736, and re-recorded in Official Records Book 1085, Page 1407; as assigned to Lawrence M. Hankin, Trustee, by instrument recorded in Official Records Book 1061, Page 702; and assigned to Fred M. Starling, Successor Trustee by Quit Claim Deed recorded in Official Records Book 1061, Page 713 and re-recorded in Official Records Book 1068, Page 2782 (and by Assignment of Lease recorded in Official Records Book 1073, Page 21); and assigned by Partial Assignment to Plaza Del Rio Corporation by Quit Claim Deed recorded in Official Records Book 1095, Page 3506 and Partial Assignment recorded in Official Records Book 1095, Page 3520 and re-recorded in Official Records Book 1168, Page 963; said Lease amended by Amendment recorded in Official Records Book 1548, Page 529; and assigned to BF Investment Company, L.L.C., by Assignment and Assumption of Lease Agreement recorded in Official Records Book 1604, Page 712 and Quit Claim Deed recorded in Official Records Book 1604, Page 717; and assigned to Plaza Del Rio Associates, LLC, a Delaware limited liability company by Assignment and Assumption of Lease Agreement recorded in Official Records Book 2370, Page 1268 and Quit Claim Deed in Official Records Book 2370, Page 1272 , all of the Public Records of Manatee County, Florida, for the following described property:

Commence at a point 1269.65 feet Northerly and 14.91 feet Westerly of the Southeast corner of Section 26, Township 34 South, Range 17 East, said point being the intersection of the centerline of Manatee Avenue West, (State Road 64) and State Road 55 (Station 162+70.68, Section 1313-201); thence North 00° 09' 53” West, along the centerline of said State Road 55, 649.52 feet to the intersection with the Easterly extension of the North line of that certain parcel of land as described and recorded in Official Records Book 625 Page 169 and 170 Public Records Manatee County, Florida; thence South 89° 10' 30” West, along the North line of said certain parcel, and Easterly extension thereof, 100.01 feet to the intersection with the West right of way of said State Road 55 per “Disclaimer” executed by the State of Florida Department of Transportation on June 23, 1976; thence North 00° 09' 53” West, along the West right of way of said State Road 55, 595.53 feet for a Point of Beginning; thence continue North 00° 09' 53” West along said West right of way, 480.00 feet; thence South 89° 50' 07” West, perpendicular to said West right of way, 190.67 feet; thence South 10° 01' 27” West, 455.55 feet to the P.C. of a curve concave to the Northeast, having a radius of 130.00 feet thence Southeasterly, along the arc of said curve, through a central angle of 93° 47' 12”, 212.80 feet to the P.C.C of a curve concave to the Northwest, having a radius of 150.00 feet; thence Northeasterly along the arc of said curve, through a central angle of 61° 37' 37”, 161.34 feet to the P.C.C. of a curve, concave to the Northwest having a radius of 100.00 feet; thence Northeasterly along the arc of said curve, through a central angle of 34° 46' 31”, 60.69 feet to the Point of Beginning, being and lying in Section 26, Township 34 South, Range 17 East, Manatee County Florida.

LESS that portion lying within the right-of-way of State Road No. 55.

ALSO together with a non-exclusive easement for ingress and egress to the property over 3rd Street West, as extended, as granted in that certain Lease by and between the City of Bradenton and Lands Edge Corp. dated April 23, 1980, recorded in Official Records Book 1052, Page 1616 and as set forth in those certain Partial Assignment of Leases recorded in Official Records Book 1061, Page 702; Official records Book 1073, Page 21; Official Records Book 1095, Page 3520 and re-recorded in Official Records Book 1168, Page 963, all of the Public Records of Manatee County, Florida. (said 3rd Street West, as extended is now a public maintained right-of-way)

and certain personal property (tangible and intangible) and other assets located at the Real Property used or arising in connection with the operation of the Real Property as more particularly described in the Mortgage (“Personal Property”).

-and-

The following personal property of Plaza Del Rio:

See attached Exhibit 1

EXHIBIT 1
SCHEDULE OF COLLATERAL
TO FINANCING STATEMENT BETWEEN BF INVESTMENT COMPANY, L.L.C., AS DEBTOR, AND GENERAL ELECTRIC CAPITAL CORPORATION, AS SECURED PARTY
The financing statement covers the following: (a) all buildings, structures and other improvements (the “Improvements”), now or at any time situated, placed or constructed upon the real property described 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, insurance proceeds, accounts, contract rights, software, trademarks, goodwill, promissory notes, electronic and tangible chattel paper, payment intangibles, documents, trade names, licenses and/or 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.

EXHIBIT B TO UCC-1

All right, title and interest of Debtor in and to:

a. all structures, buildings and improvements of every kind and description (the “Improvements”) now or at any time hereafter located or placed on the premises described in Exhibit A annexed hereto and made a part hereof (the “Premises”);

b. all furniture, furnishings, fixtures, goods, equipment, inventory or personal property owned by Debtor 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 Debtor 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 Premises 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);

c. 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 Premises 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 Premises or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Debtor;

d. 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 Premises or the Improvements, or any part thereof, whether now existing or hereafter created or acquired;

e. all minerals, crops, timber, trees, shrubs, flowers and landscaping features now or hereafter located on, under or above the Premises;

f. all cash funds, deposit accounts and other rights and evidence of rights to cash, now or hereafter created or held by the Secured Party pursuant to the Mortgage (as hereinafter defined) or any other of the Loan Documents (as defined in the Mortgage), including, without limitation, all funds now or hereafter on deposit in any reserve accounts being held pursuant to the Loan Documents;

g. all leases, licenses, concessions and occupancy agreements of the Premises or the Improvements, whether written or oral, now or hereafter entered into and all rents, royalties, issues, profits, bonus money, revenue, income, rights and other benefits (collectively, the “Rents and Profits”) of the Premises 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 (Including, without limitation, oil, gas and mineral leases), license, concession, occupancy agreement 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, of their obligations under any such leases, licenses, concessions or occupancy agreements, whether said cash or securities are to be held until the expiration of the terms of said leases, licenses, concessions or occupancy agreements or applied to one or more of the installments of rent coming due prior to the expiration of said terms, subject, however, to the provisions contained in the Mortgage;

h. all contracts and agreements now or hereafter entered into covering any part of the Premises or the Improvements (collectively, the “Contracts”) and all revenue, income and other benefits thereof, including, without limitation, management agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Premises or the Improvements (including plans, drawings, surveys, tests, reports, bonds and governmental approvals) or to the management or operation of any part of the Premises or the Improvements;

i. all present and future monetary deposits given to any public or private utility with respect to utility services furnished to any part of the Premises or the Improvements;

j. all present and future funds, accounts, instruments, accounts receivable, documents, causes of action, claims, general intangibles (including, without limitation, trademarks, trade names, service marks and symbols now or hereafter used in connection with any part of the Premises or the Improvements, all names by which the Premises or the Improvements may be operated or known, all rights to carry on business under such names, and all rights, interest and privileges which Debtor has or may have as developer or declarant under any covenants, restrictions or declarations now or hereafter relating to the Premises or the Improvements) and all notes or chattel paper now or hereafter arising from or by virtue of any transactions related to the Premises or the Improvements (collectively, the “General Intangibles”);

k. 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 Premises 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 Premises or the Improvements;

l. all building materials, supplies and equipment now or hereafter placed on the Premises or in the Improvements and all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Premises or the Improvements;

m. all right, title and interest of Debtor in any insurance policies or binders now or hereafter relating to the Premises, including any unearned premiums thereon;

n. 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;


o. all proceeds of each of the foregoing; and

p. all other or greater rights and interests of every nature in the Premises or the Improvements and in the possession or use thereof and income therefrom, whether now owned or hereafter acquired by Debtor.

All of the foregoing items (a) through (p), together with all of the right, title and interest of Debtor therein, are collectively referred to as the “Collateral'.

This UCC-1 Financing Statement is filed in connection with that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture filing (the “Mortgage”) covering the fee estate of Debtor in the Premises and duly recorded in Book 02213, Page 4073, in the Public Records of Manatee County, Florida (the “Official Records”), as modified by that certain Memorandum of Assumption Agreement dated as of February 17, 2011, to be recorded in the Official Records.
The Clerk shall sell the property all at public sale, to the highest and best bidder, for cash, except as set forth hereinafter, the sale to be held online at www.manatee.realforeclose.com, on September 30, 2015 at 11:00 a.m. in accordance with Chapter 45 Florida Statues.
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 Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
Kimberly J. Gustafson
Florida Bar No. 0180890
4221 W Boy Scout Blvd, Suite 1000
Tampa, Florida 33607
Tel: (813) 223-7000
Fax: (813) 229-4133
E-mail: [email protected]
[email protected]
[email protected]
and Merrick L. Gross
Florida Bar No. 716677
Miami Tower
100 S.E. 2nd Street, Suite 4200
Miami, Florida 33131
Tel: (305) 530 - 0050
Fax: (305) 530 - 0055
E-mail: [email protected]
Attorneys for Plaintiff
101897294.1
Aug. 28; Sept. 4, 2015 15-01896M

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