16-00969L

NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 15 CA 051063
WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007- C5, ACTING BY AND THROUGH ITS SPECIAL SERVICER CIII ASSET
MANAGEMENT LLC, PURSUANT TO THAT CERTAIN POOLING AND SERVICING AGREEMENT DATED NOVEMBER 1, 2007,
Plaintiff, vs.
GULF COAST TOWN CENTER CMBS, LLC, a Florida limited liability company, GULF COAST TOWN CENTER PROPERTY OWNERS ASSOCIATION, INC., CROWTHER ROOFING AND SHEET METAL OF FLORIDA, and all known or unknown
sub-contractors and material men who may calm a right to file a lien,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to an Agreed Final Judgment of Foreclosure entered on April 18, 2016 in Case No. 15-051063 of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, in which GCTC HOLDING LLC, a Delaware limited liability company (“GCTC”) is the defendant and GULF COAST TOWN CENTER CMBS, LLC, a Florida limited liability company, GULF COAST TOWN CENTER PROPERTY OWNERS ASSOCIATION, INC., CROWTHER ROOFING AND SHEET METAL OF FLORIDA are the Defendants, the Clerk will sell to the highest and best bidder for cash online at www.lee.realforeclose.com at 9:00 a.m. on May 18, 2016 the following described real property located in Lee County, Florida:
SEE EXHIBIT “A” ATTACHED HERETO
EXHIBIT A LEGAL DESCRIPTION

Parcel I:
A tract or parcel of land lying in Section 10 and 11, Township 46 South, Range 25 East, Lee County, Florida being more particularly described as follows:

All of Tracts D, F, G, M, P, R, RD-1, S, T, U, W and X of GULF COAST TOWN CENTER, as recorded in Instrument No. 2007000192422, of the Public Records of Lee County, Florida. And
Lot 1 of TRACT V - GULF COAST TOWN CENTER, as recorded in Instrument No. 2007000295022, of the Public Records of Lee County, Florida.

Parcel II:
Easement rights for the benefit of Parcel I as set forth in that certain Surface Water Management Reciprocal Easement Agreement And Second Amendment To Declaration recorded in Official Records Book 4351, page 1637, of the Public Records of Lee County, Florida.

Parcel III:
Easement rights for the benefit of Parcel I as set forth in that certain Reciprocal Easement Agreement recorded in Instrument No. 2005000073017, of the Public Records of Lee County, Florida.

Parcel IV:
Easement rights for the benefit of Parcel I as set forth in that certain Reciprocal Easement Agreement recorded in Instrument No. 2006000073164, of the Public Records of Lee County, Florida.

Parcel V:
Easement rights for the benefit of Parcel I as set forth in that certain Declaration Of Restrictive Covenants recorded in Instrument No. 2006000476300, of the Public Records of Lee County, Florida.

Parcel VI:
Easement rights for the benefit of Parcel I as set forth in that certain Operation And Easement Agreement recorded in Official Records Book 4550, page 4312; as affected by that First Amendment To Operation And Easement Agreement recorded in Instrument No. 2006000002099; as further affected by that Second Amendment To Option And Easement Agreement recorded in Instrument No. 2006000339740 and as further affected by that Third Amendment To Operation And Easement Agreement recorded in Instrument No. 2007000193624, all of the Public Records of Lee County, Florida.

Parcel VII:
Easement rights for the benefit of Parcel I as set forth in that certain Hotel Construction Operating And Reciprocal Easement Agreement recorded in Instrument No. 2006000339741; as affected by that Right Of First Offer recorded in Instrument No. 2006000339742 and as assigned by that certain Assignment And Assumption Of Operating And Reciprocal Easement Agreements recorded in Instrument No. 2007000193637, all of the Public Records of Lee County, Florida.

Parcel VIII:
Easement rights for the benefit of Parcel I as set forth in that certain Declaration Of Easement And Restrictive Covenants recorded in Instrument No. 2006000379063, of the Public Records of Lee County, Florida.

Parcel IX:
Easement rights for the benefit of Parcel I as set forth in that certain Declaration Of Covenants, Conditions And Restrictions recorded in Instrument No. 2007000192424; as affected by that First Amendment To Declaration Of Covenants, Conditions And Restrictions recorded in Instrument No. 2008000025509, all of the Public Records of Lee County, Florida.

Parcel X:
Easement rights for the benefit of Parcel I as set forth in that certain Declaration Of Easement And Restrictive Covenants recorded in Instrument No. 2007000295793, of the Public Records of Lee County, Florida.

Parcel XI:
Easement rights for the benefit of Parcel I as set forth in that certain Declaration of Easement And Restrictive Covenants recorded in Instrument No. 2007000303458; as affected by that First Amendment to Declaration Of Easements And Restrictive Covenants recorded in Instrument No. 2013000120453 and as assigned by that Assignment And Assumption Of Rights Relating To Peripheral Parcel recorded in Instrument No. 2013000222947, all of the Public Records of Lee County, Florida.

Parcel XII:
Easement rights for the benefit of Parcel I as set forth in that certain Declaration Of Restrictions recorded in Instrument No. 2012000193581, of the Public Records of Lee County, Florida.

Parcel XIII:
Easement rights for the benefit of Parcel I as set forth in that certain Declaration Of Restriction recorded in Instrument No. 2014000172799, of the Public Records of Lee County, Florida.

Parcel XIV:
Easement rights for the benefit of Parcel I as set forth in that certain Declaration Of Restrictions recorded in Instrument No. 2014000222059, of the Public Records of Lee County, Florida.

a. Land. The plot(s), pieces(s) or parcel(s) of real property, easements appurtenant and beneficial thereto, and air rights, if any, located above the real property described in this Exhibit A (the “Land”).

b. Improvements. The buildings, structures, fixtures, additions, enlargements, extension, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the “Improvements”).

c. Easements. All easements, rights-of-way or use, rights-of-way or use, 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 and appurtenances of any nature whatsoever, in any way now or hereafter belong, 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, properly, possession, claim and demand whatsoever, both at law and in equity, of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto.

d. Equipment. All “equipment”, as such term is defined in Article 9 of the Uniform Commercial Code which is used at or in connection with the Improvements or the Land or is located thereon or therein (including, but not limited to, all machinery, equipment, furnishings, and electronic data-processing and other office equipment and any and all additions, substitutions and replacements of any of the foregoing), together with all attachments, components, parts, equipment and accessories installed thereon or affixed thereto (collectively, the “Equipment”).

e. Fixtures. All Equipment which is so related to the Land and Improvements forming part of the Property that it is deemed a fixture or real property under the law of Florida, including, without limitation, all building or construction materials intended for construction, reconstruction, alteration or repair of or installation on the Property, construction equipment, appliances, machinery, plant equipment, fittings, apparatuses, fixtures and other items attached to, installed in or used in connection with any of the Improvements or the Land, including, but not limited to, engines, devices for the operation pumps, pipes, plumbing, cleaning, call and sprinkler systems, fire extinguishing apparatuses and equipment, heating, ventilating, plumbing, laundry, incinerating, electrical, air conditioning and air cooling equipment and systems, gas and electric machinery, appurtenances and equipment, pollution control equipment security systems, disposals, dishwashers, refrigerators and ranges, recreational equipment and facilities of all kinds, and water, gas, electrical, storm and sanitary sewer facilities, utility lines and equipment and all other utilities whether or not situated in easements, all water tanks, water supply, water power sites, fuel stations, fuel tanks, fuel supply, and all other structures, together with all accessions, appurtenances, additions, replacements, betterments and substitutions for any of the foregoing and the proceeds thereof (collectively, the “Fixtures”).

f. Personal Property. All furniture, furnishings, objects of art, machinery, goods, tools, supplies, appliances, general intangibles, contract rights, accounts, accounts receivable, franchises, licenses, certificates and permits, and all other personal property of any kind or character whatsoever (as defined in the Uniform Commercial Code), other than Fixtures, and which are located within or about the Land and the Improvements, together with all accessories, replacements and substitutions thereto or therefor and the proceeds thereof (collectively, the “Personal Property”).

g. Leases and Rents. All leases and other agreements affecting the use, enjoyment or occupancy of the land the Improvements (collectively, the “Leases”) and all right, title and interest 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, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements (collectively, the “Rents”), and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents.

h. Condemnation Awards. All awards or payments, including interest thereon, which may have been or may 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 such right), or for a change of grade, or for any other injury to or decrease in the value of the Property.

i. Insurance Proceeds. All proceeds in respect of the Property under any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property, subject to the Leases.

j. Tax Certiorari. Subject to the rights of tenants under the Leases, all refunds, rebates or credits in connection with any reduction in real estate taxes and assessments charged against the Land and/or Improvements as a result of tax certiorari proceedings or any other applications or proceedings for reduction.

k. 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 including, without limitation, the right to receive and collect any sums payable with respect to the Land and/or Improvements.

l. Trademarks. 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 Land and/or Improvements.

m. Accounts. All (i) accounts receivable, (ii) credit card and receivables and (iii) reserves, escrows and deposit accounts maintained with respect to the Land and/or Improvements, together with all deposits or wire transfers made to such accounts, and all cash, check and other property held therein from time to time, and all proceeds, distributions and/or substitutions thereon and thereof.

n. Uniform Commercial Code Property. All documents, instruments, chattel paper and intangibles, as the foregoing terms are defined in the Uniform Commercial Code, and general intangibles relating to the Land and/or Improvements.

o. Proceeds. All proceeds of any of the foregoing, including, without limitation, proceeds of insurance and condemnation awards, whether cash, liquidation or other claims or otherwise.
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. Linda Doggett is the Clerk & Comptroller of the Court making the foregoing sale, Twentieth Judicial Circuit, Lee County, Florida.
WITNESS my hand and the Seal of the Court on this 20 day of April, 2016.
LINDA DOGGETT
Clerk of the Circuit Court & Comptroller
20th Judicial Circuit
Lee County, Florida
(SEAL) By: T. Cline
As Deputy Clerk
David W. Trench, Esq.
BILZIN, SUMBERG, BAENA
PRICE & AXELROD LLP
1450 Brickell Avenue, 23rd Floor Miami, Florida 33131-3456
(305) 374-7580
[email protected]
MIAMI 4971226.1 82116/47770
April 29; May 6, 2016 16-00969L

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