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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2015 CA 006886 NC
MSCI 2006-HQ8 South Tamiami Trail, LLC a Delaware limited
liability company,
Plaintiff, v.
LANDINGS OF SARASOTA FLORIDA L.L.C., a Delaware
limited liability company; CODE ENFORCEMENT MAGISTRATE, SARASOTA COUNTY; JACKSON REMODELING & DESIGN, INC., a Florida Corporation; and
ATLANTIC ROOFING SERVICES OF FLORIDA, INC.,
Defendants.
NOTICE IS GIVEN that, in accordance with the Fourth Amended Final Judgment of Foreclosure dated October 25, 2016 and entered in CASE NO: 2015 CA 006886 NC (the “Final Judgment of Foreclosure”), wherein MSCI 2006-HQ8 South Tamiami Trail, LLC, a Delaware limited liability company, is Plaintiff, 95 ORRPT, LLC, a Florida limited liability company, is assignee of the Final Judgment of Foreclosure, and Landings of Sarasota Florida, L.L.C., a Delaware limited liability company, Code Enforcement Magistrate, Sarasota County, Jackson Remodeling & Design, Inc., a Florida Corporation, and Atlantic Roofing Services of Florida, Inc. are Defendants, the clerk will sell to the highest and best bidder for cash, except as prescribed in Paragraph 5 of the Fourth Amended Final Judgment, via electronic sale at www.sarasota.realforeclose.com in accordance with Section 45.031, Florida Statutes, at Sarasota County, Florida at 9:00 a.m. on January 24, 2017, the real and personal property in Sarasota County, Florida described on Exhibit “A” attached hereto and the personalty located thereon described on Exhibit “B” attached hereto.
Exhibit “A”
Legal Description - Shopping Center Premises
Parcels 1, 3 and 5, THE LANDINGS SHOPPING CENTER, a Commercial Subdivision as per plat thereof recorded in Plat Book 32, Pages 24, 24A through 24F, of the Public Records of Sarasota County, Florida.
Together with non-exclusive easements affecting Parcels 2 and 4 of THE LANDINGS SHOPPING CENTER, a Commercial Subdivision, recorded in Plat Book 32, Pages 24 through 24F, of the Public Records of Sarasota County, Florida, and tracts C, D and a portion of E lying immediately adjacent to THE LANDINGS SHOPPING CENTER, recorded in the Plat of The Landings - Unit One, recorded in Plat Book 27, Pages 12 through 12F, of the Public Records of Sarasota County, Florida, such easements as set forth in the following documents:
1. Declaration of Maintenance Covenants and Restrictions on the Commons for the Landings recorded in Official Record Book 1372, Page 1217, as amended, of the Public Records of Sarasota County, Florida.
2. Declaration of Restrictions and grant of Easements recorded in Official Record Book 1928, Page 745, as amended, of the Public Records of Sarasota County, Florida,
3. Assignment of Reciprocal Easement and Operation Agreement recorded in Official Record Book 1913, Page 124, as amended in Official Records Book 2634, Page 1181, of the Public Records of Sarasota County, Florida.
ALSO TOGETHER WITH non-exclusive perpetual drainage and discharge of storm water easement described in Easement Agreement recorded in Official Records Book 1928, Page 731, of the Public Records of Sarasota County, Florida.
Legal Description - Additional Premises
PARCEL 1:
Parcel No. 4, according to the Plat of “The Landings Shopping Center”, as recorded in Plat Book 32, Pages 24 through 24-F of the Public Records of Sarasota County, Florida;
PARCEL II:
TOGETHER WITH non-exclusive easement rights appurtenant thereto as set forth under Paragraph 8 of the Declaration of Maintenance Covenants and Restrictions on The Commons for the Landings as recorded in Official Records Book 1372, Page 1217, of the Public Records of Sarasota County, Florida, as amended;
PARCEL III:
TOGETHER WITH non-exclusive easement rights appurtenant thereto as set forth under Article III of Amended and Restated Declaration of Restrictions and Grant of Easements as recorded in Official Records Book 2003, Page 752, of the Public Records of Sarasota, Florida, as amended;
PARCEL IV:
TOGETHER WITH non-exclusive easement rights appurtenant thereto as set forth in Easement Agreement as recorded in Official Records Book 1928, Page 731, of the Public Records of Sarasota County, Florida.
Exhibit “B”
All rights, title and interest in and to all buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements, improvements and all other property as more particularly described as:
All right, title and interest in and to the following:
1. The real property described in Exhibit A attached hereto and made a part hereof (the “Land”);
2. All additional lands, estates and development rights-hereafter acquired by Debtor for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or other-wise be expressly made subject to the lien of the Security Instrument (as defined below);
3. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the “Improvements”);
4. 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; .
5. All 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 whichDebtor 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”), and 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, superior in lien to the lien of the Security Instrument and all proceeds and products of the above;
6. All leases, subleases and other agreements affecting the use, enjoyment or occupancy of the Land and/or the Improvements heretofore or hereafter entered into and all extensions, amendments and modifications thereto, whether before or after the filing by or against Debtor 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”) (the “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, 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 indebtedness secured by the Security Instrument;
7. 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;
8. 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;
9. 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;
10. 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;
11. 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:
12. 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 occurrence and during the continuance of an event of default (as defined in the Security Instrument), or any other document executed in connection therewith, to receive and collect any sums payable to Debtor thereunder; and
13. 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.
Said sale will be made pursuant to and in order to satisfy the terms of said Fourth Amended Final Judgment of Foreclosure.
Any person claiming an interest in the surplus from the sales, 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 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.
GRIMES GOEBEL GRIMES HAWKINS GLADFELTER
& GALVANO, P.L.
/s/ Derin Parks
DERIN PARKS, ESQUIRE
Florida Bar No. 16864
1023 Manatee Avenue West
Bradenton, Florida 34205
Email: [email protected] Secondary Email:
[email protected]
(941) 748-0151
(941) 748-0158 facsimile
Attorney for 95 ORRPT, LLC
Dec. 30, 2016; Jan. 6, 2017 16-03875S