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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO.: 2015-CA-1081 NC
LBUBS 2006-C7 RETAIL 1845, LLC, a Florida limited liability company,
Plaintiff, v.
LEMON BAY STATION LIMITED
LIABILITY COMPANY, a foreign limited company, and CODE
ENFORCEMENT SPECIAL MASTER SARASOTA COUNTY, FLORIDA,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Final Judgment of Foreclosure rendered on May 22, 2015, in that certain cause pending in the Circuit Court in and for Sarasota County, Florida wherein LBUBS 2006-C7 RETAIL 1845, LLC, a Florida limited liability company, is Plaintiff, and LEMON BAY STATION LIMITED LIABILITY COMPANY, a foreign limited company, is a Defendant in Civil Action Case No.: 2015-CA-1081 NC, Karen Rushing, Clerk of the aforesaid Court, will at 9:00 a.m. (ET), on June 30, 2015, offer for sale to the highest bidder for cash by electronic public sale via the internet at www.sarasota.realforeclose.com in accordance with Section 45.031(10), Florida Statutes, the following described real and personal property, situate and being in Sarasota County, Florida described on Exhibit A and Exhibit B attached hereto.
Said sale will be made pursuant to and in order to satisfy the terms of said Final Judgment of Foreclosure.
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.
EXHIBIT A
LEGAL DESCRIPTION
ALL of that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in Sarasota County, Florida and being more particularly described as follows:
PARCEL 1:
All that portion of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 14, Township 40 South, Range 19 East, Sarasota County, Florida, lying Easterly and adjacent to the Easternmost right-of-way line of State Road #775 (also known as the Englewood Venice Highway), being also described as follows:
Begin at an iron pin found at the Northeast corner of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 14, Township 40 South, Range 19 East in Sarasota County, Florida. Said point being on the West line of “Englewood Pines” as recorded in Plat Book 24, pages 48 through 48B, of the public records of Sarasota County, Florida; Thence along the East line of said Southwest 1/4 and along part of said West line of Englewood Pines as now surveyed on July 25, 1986, by Divers, McLeod & Kokomoor with all bearings referred to the centerline control of State Road #775 South 00° 42'52” West, passing over a concrete monument found at the end of 661.66 feet thereon in all 667.32 feet to a concrete monument found; thence along the South line of said Northeast 1/4 South 88° 52'35” West passing over a concrete monument at the end of 15.39 feet thereon in all 811.29 feet to a concrete monument found to intersect the Easternmost right-of-way line of State Road #775; thence along said right-of-way the three (3) following courses: North 37° 50'19” West, 451.54 feet to a concrete monument found at the point of curvature of a singular curve to the right having a radius of 1,382.40 feet and a central angle of 10° 06'00”; thence along the arc of said curve in a Northwesterly direction 243.69 feet to a point of tangency; thence North 27° 44'19” West passing over a damaged concrete monument at the end of 104 feet, more or less, thereon in all 122.25 feet to intersect the North line of said South 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 14; thence along said line North 89° 21'52” East 1,285.22 feet to the Point of Beginning.
LESS AND EXCEPT THE FOLLOWING:
Being the parcel conveyed to Lemon Bay Medical Facilities, LLC, a Florida limited liability company by Special Warranty Deed recorded as Clerk's Number 2001042946, of the public records of Sarasota County, Florida, more particularly described as follows:
A parcel of land lying in a part of Section 14, Township 40 South, Range 19 East Sarasota County, Florida, being more particularly described as follows:
Begin at an iron pin found at the Northeast corner of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 14, Township 40 South, Range 19 East, Sarasota County, Florida, said point being on the West line of ''Englewood Pines Subdivision” as recorded in Plat Book 24, pages 48, 48-A, and 48-B, of the public records of Sarasota County, Florida; thence South 89° 21'04” West, along the North line of said South 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 14, a distance of 927.29 feet; thence South 00° 38'56” East, a distance of 24.00 feet for a Point of Beginning; thence continue South 00° 38'56” East, a distance of 251.00 feet; thence South 89° 21'04” West, a distance of 25.00 feet; thence North 44° 37'33” West, a distance of 79.21 feet; thence South 89° 21'04” West, a distance of 130.00 feet; thence North 00 ° 38'56” West, a distance of 194.00 feet; thence North 89° 21'04” East, a distance of 210.00 feet to the Point of Beginning. All lying in and being a part of Section 14, Township 40 South, Range 19 East, Sarasota County, Florida.
PARCEL 2:
TOGETHER WITH easement(s) set forth in Reciprocal Easement Agreement recorded as Clerk's Instrument No. 2001042947, of the public records of Sarasota County, Florida.
EXHIBIT “B”
All of Debtor's right, title and interest in and to the following property (the “Property”) located upon or used in connection with the real property described on Exhibit A to this Schedule A (the “Land”):
a. buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the “Improvements”);
b. all easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Debtor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
c. all furnishings, machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the “Personal Property”), the right, title and interest of Debtor in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code as adopted and enacted by the State or States where any of the Property is located (the “Uniform Commercial Code”) and all proceeds and products of the above;
d. All leases and other agreements affecting the use, enjoyment or occupancy of the Land and the Improvements heretofore or hereafter entered into, whether before or after the filing by or against Borrower of any petition for relief under 11 U.S.C. § 101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”) (a “Lease” or “Leases”) and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, revenues (including, but not limited to, any payments made by tenants under the Leases in connection with the termination of any Lease, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements whether paid or accruing before or after the filing by or against Debtor of any petition for relief under the Bankruptcy Code (the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt (as defined in the Security Instrument);
e. any and all lease guaranties, letters of credit and any other credit support (individually, a “Lease Guaranty” and collectively, the “Lease Guaranties”) given by any guarantor in connection with any of the Leases (individually, a “Lease Guarantor” and collectively, the “Lease Guarantors”);
f. all rights, powers, privileges, options and other benefits of Debtor as lessor under the Leases and beneficiary under the Lease Guaranties including without limitation the immediate and continuing right to make claim for, receive, collect and receipt for all Rents payable or receivable under the Leases and all sums payable under the Lease Guaranties or pursuant thereto (and to apply the same to the payment of the Debt (as defined in the Security Instrument), and to do other things which Debtor or any lessor is or may become entitled to do under the Leases or the Lease Guaranties;
g. all awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain (including but not limited to any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property;
h. all proceeds of and any unearned premiums on any insurance policies covering the Property, including, without limitation, the right to reserve and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property;
i. all refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;
j. all proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;
k. the right, in the name and on behalf of Debtor, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Secured Party in the Property;
l. all agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or respecting any business or activity conducted on the Land and any part thereof and all right, title and interest of Debtor therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Debtor thereunder;
m. all tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property; and
n. Any and all other rights of the Debtor in and to the terms set forth in items (a) through (m) above.
Initially capitalized terms used herein and not otherwise defined have the meanings assigned in the Mortgage and Security Agreement, dated as of September 13, 2006 (the “Security Instrument”) by the Debtor to the Secured Party. Interested parties may contact the Secured Party during normal business hours to view a copy of the Security Instrument and specific records describing the above-described collateral.
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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, 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.
FOR THE COURT
Kimberly A. Ashby
Florida Bar No.: 322881
AKERMAN LLP
Kimberly A. Ashby
Florida Bar No.: 322881
AKERMAN LLP
Post Office Box 231
Orlando, FL 32802-0231
CNL Tower II, Suite 1200
420 South Orange Avenue (32801)
Phone: 407-423-4000
Fax: 407- 843-6610
Email: [email protected]
Attorneys for Plaintiff
Secondary email:
[email protected]
[email protected]
June 12, 19, 2015 15-02455S