17-00068T

NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE NO. 2016-CA-000554
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN -INTEREST TO BANK OF AMERICA, N.A., AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF
LB-UBS COMMERCIAL MORTGAGE TRUST 2006-C4, COMMERCIAL MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-C4,
Plaintiff, vs.
MURDOCK STAR ASSOCIATES, LTD., a Florida limited partnership,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Final Judgment of Foreclosure dated January 23, 2017, in that certain cause pending in the Circuit Court in and for Charlotte County, Florida, wherein U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, N.A., AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF LB-UBS COMMERCIAL MORTGAGE TRUST 2006-C4, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-C4, is Plaintiff, and MURDOCK STAR ASSOCIATES, LTD., a Florida limited partnership, is Defendant, in Civil Action Cause No. 2016-CA-000554, the Clerk of the aforesaid Court, will at 11:00 a.m. on February 27, 2017, offer for sale and sell to the highest bidder for cash via electronic sale at Charlotte County's Public Auction website: www.charlotte.realforeclose.com in accordance with Chapter 45, Florida Statutes, the following described leasehold real property and personal property, situate and being in Charlotte County, Florida, respectively, to-wit:
LEASEHOLD REAL PROPERTY DESCRIPTION (referred to as the “Land” in Exhibit B):
SEE ATTACHED EXHIBIT “A”
PERSONAL PROPERTY DESCRIPTION:
SEE ATTACHED EXHIBIT “B”.

EXHIBIT A
LEGAL DESCRIPTION OF LEASEHOLD REAL PROPERTY

A leasehold interest in that certain parcel of land lying in the West One-Half of the Northeast One-Quarter of the Southwest one-quarter of Section 8 Township 40 South, Range 22 East Charlotte County, Florida, being more particularly described as follows:

Commence at the West One-Quarter Corner of said Section 8, thence South 89° 57' 16” East, along the North line of the South one-half of said section 8, a distance of 1313.89 feet to the West line of the Northeast one-quarter of the Southwest one-quarter of said section 8, thence South 00° 19' 01” East, along said West line, a distance of 307.52 feet to the Point of Beginning: Thence continue South 00° 19' 01” East, along said West line, a distance of 578.67 feet to the Northeasterly Right-of-Way line of U. S. 41 (State Road No. 45); thence South 62° 52' 40” East, along said Right-of-Way line, a distance of 136.56 feet to the Point of Curvature of a circular curve concave Southwesterly, having as elements: a radius of 6,263.83 feet, a central angle of 01° 40' 20” and a chord bearing of South 62° 02' 30” East; thence Southeasterly along the arc of said curve, a distance of 182.81 feet; thence North 27° 02' 35” East, a distance of 195.22 feet; thence South 62° 57' 25” East, a distance of 205.17 feet to a point on the Westerly right-of-way line of Toledo Blade Boulevard, said point being on a circular curve, concave Northwesterly, having as elements; a radius of 1,000.00 feet, a central angle of 27° 02' 09” and a chord bearing of North 13° 19' 16” East; thence Northerly, along the Westerly right-of-way line and the arc of said curve a distance of 471.86 feet; thence North 00° 13' 36” West (Non-Tangent), along said Westerly right-of-way line, a distance of 189.65 feet; thence North 89° 57' 16” West, a distance of 316.82 feet; thence South 00° 02' 44” West, a distance of 93.47 feet; thence North 89° 57'16” West, a distance of 110.32 feet; thence North 00° 02'44” East, a distance of 30.00 feet; thence North 89° 57' 16” West, a distance of 112.63 feet; thence North 00° 02'44” East, a distance of 64.36 feet; thence North 89° 57' 16” West, a distance of 124.90 feet to the Point of Beginning.

Together with those rights, privileges and easements under that certain Declaration and Agreement of Restrictions and Easements between Murdock Star Associates, Ltd. and Robert P Frizzell and Shelah Frizzell, recorded in O.R. Book 1214, Page 1181, of the Public Records of Charlotte County, Florida pertaining to the land described above located adjacent to and North of said land.

EXHIBIT B
PERSONAL PROPERTY DESCRIPTION

All of MURDOCK STAR ASSOCIATES, LTD.'s (“Debtor”) right, title and interest in and to the following property (the “Property”) located upon or used in connection with the real property described on the foregoing Exhibit 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, tights, 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 receive 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.

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 Notice Of Future Advance, Leasehold Mortgage Modification, Extension and Spreader Agreement and Security Agreement, dated as of May 22, 2006 (the “Security Instrument”) by the Debtor.
Said sale will be made pursuant to and in order to satisfy the terms of the 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 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 Administrative Services Manager, 350 E. Marion Avenue, Punta Gorda, FL 33950 (941) 637-2281, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
DATED this 26th day of January 2017.
ROGER D. EATON
As Clerk of the Court
(SEAL) By S. Martella
As Deputy Clerk
Akerman LLP
420 South Orange Ave.
Suite 1200
Orlando, FL 32802-0231
{40421416; 1}
February 3, 10, 2017 17-00068T

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