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NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
Case No.: 16-CA-002601
General Civil Division A
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR IN INTEREST TO 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 2006-C2,
Plaintiff, v.
ROSEWOOD SHOPPES, L.L.C., a Florida limited liability company,
Defendant.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure entered on April 25, 2016 and the Uniform Ex Parte Order Rescheduling Foreclosure Sale entered on May 11, 2016 in Case No. 16-CA-002601, in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, that Pat Frank, Clerk of Court, will sell to the highest and best bidder for cash online at https://www.hillsborough.realforeclose.com/ on July 11, 2016 at the hour of 10:00 a.m. EST, the property described as follows:
See Exhibit A attached hereto.
EXHIBIT A
A PARCEL OF LAND IN SECTION 2, TOWNSHIP 28 SOUTH, RANGE 18 EAST, HILLSBOROUGH COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST ¼ OF SAID SECTION 2; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID SOUTHWEST ¼ OF SECTION 2, N. 89º17'00” W., 661.68 FEET; THENCE DEPARTING SAID SOUTHERLY BOUNDARY, ALONG THE WESTERLY BOUNDARY OF THE EAST ½ OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 2, N. 00º04'22” E., 56.90 FEET TO THE NORTHERLY RIGHT-OF-WAY OF FLETCHER AVENUE, AS SHOWN ON HILLSBOROUGH COUNTY RIGHT-OF-WAY MAP (PROJECT NO. 84-126-R), SAID POINT ALSO BEING ON THE EASTERLY BOUNDARY OF MAGDALENE SHORES UNIT 6, AS RECORDED IN PLAT BOOK 43, PAGE 48, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MAGDALENE SHORES UNIT 6, N. 00º04'22” E., 302.87 FEET TO A POINT OF INTERSECTION WITH THE SOUTHWEST CORNER OF FLETCHERS MILL, AS RECORDED IN PLAT BOOK 55, PAGE 26, OF THE PUBLIC RECORDS OF SAID HILLSBOROUGH COUNTY; THENCE DEPARTING SAID EASTERLY BOUNDARY OF MAGDALENE SHORES UNIT 6, ALONG THE SOUTHERLY BOUNDARY OF SAID FLETCHERS MILL, S. 89º17'00” E., 345.71 FEET; THENCE DEPARTING SAID SOUTHERLY BOUNDARY S. 00º02'20” E., 45.51 FEET; THENCE S. 89º17'00” E., 290.27 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF ROME AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE, S. 00º02'20” E., 25.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, N. 89º17'00” W., 120.29 FEET; THENCE S. 00º02'20” E. 96.99 FEET; THENCE S. 89º17'00” E., 10.00 FEET; THENCE S. 00º02'20” E., 130.47 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF FLETCHER AVENUE, AS SHOWN ON AFORESAID RIGHT-OF-WAY MAP; THENCE ALONG SAID RIGHT-OF-WAY LINE N. 89º15'13” W., 394.50 FEET TO A POINT OF CURVATURE OF A TANGENT, CIRCULAR CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1681.22 FEET, AN ARC DISTANCE OF 131.85 FEET, A CENTRAL ANGLE OF 04º29'37”, A CHORD WHICH BEARS S. 88º29'58” W., A CHORD DISTANCE OF 131.82 FEET TO THE POINT OF BEGINNING.
(the “Real Property”)
TOGETHER WITH:
All personal property now or hereafter owned by the Debtor, including but not limited to, the following:
(a) All furniture, furnishings, fixtures, goods, equipment, inventory or personal property owned by the Debtor and now or hereafter located on, attached to or used in and about the Improvements (as defined below), 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, disposals and incinerating equipment, and all fixtures and appurtenances thereto, and such other goods and chattels and personal property owned by the 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 Real Property or any structures or improvements located thereon (the “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);
(b) 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 Property 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 Property or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Debtor;
(c) 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 Property or the Improvements, or any part thereof, whether now existing or hereafter created or acquired;
(d) All minerals, crops, timber, trees, shrubs, flowers and landscaping features now or hereafter located on, under or above the Real Property;
(e) 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, Security Agreement and Assignment of Leases and Rents dated as of February 16, 2006 from the Debtor in favor of the Secured Party (the “Security Instrument”) or any other of the loan documents executed in connection therewith including, without limitation, all funds now or hereafter on deposit in the Impound Account (as defined in the Security Instrument);
(f) All leases, licenses, concessions and occupancy agreements of the Real Property or the Improvements now or hereafter entered into and all rents, royalties, issues, profits, revenue, income and other benefits (collectively, the “Rents and Profits”) of the Real Property or the Improvements, now or hereafter arising from the use or enjoyment of all or any portion thereof or from any lease, license, concession, occupancy agreement or other agreement pertaining thereto or arising from any of the Contracts (as defined in the Security Instrument) or any of the General Intangibles (as defined in the Security Instrument) 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;
(g) All contracts and agreements now or hereafter entered into covering any part of the Real Property 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 Real Property 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 Property or the Improvements;
(h) 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 Property or the Improvements;
(i) 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 Property or the Improvements, all names by which the Real Property or the Improvements may be operated or known, all rights to carry on business under such names, and all rights, interest and privileges which the Debtor has or may have as developer or declarant under any covenants, restrictions or declarations now or hereafter relating to the Real Property or the Improvements) and all notes or chattel paper now or hereafter arising from or by virtue of any transactions related to the Real Property or the Improvements;
(j) 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 Property 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 Property or the Improvements;
(k) All building materials, supplies and equipment now or hereafter placed on the Real Property or in the Improvements and all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Real Property or the Improvements;
(l) All right, title and interest of the Debtor in any insurance policies or binders now or hereafter relating to the Real Property or the Improvements including any unearned premiums thereon;
(m) 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
(n) All other or greater rights and interests of every nature in the Real Property or the Improvements and in the possession or use thereof and income therefrom, whether now owned or hereafter acquired by the Debtor.
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 an accommodation, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation, please contact the ADA Coordinator, 601 East Kennedy Boulevard, Tampa, Florida 33602; 813-276-8100 ext. 4205 (email [email protected]) within 7 working days of the date the service is needed; if you are hearing or voice impaired, call 711.
Dated this 17th day of May, 2016.
By: Zachary J. Bancroft
Florida Bar No. 0145068
[email protected]
[email protected]
[email protected]
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, PC
SunTrust Center
200 South Orange Avenue, Suite 2900
Post Office Box 1549
Orlando, Florida 32802
(Telephone) 407-422-6600
(Telecopier) 407-841-0325
Counsel for Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR IN INTEREST TO 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 2006-C2
May 20, 27, 2016 16-02850H