17-00076L

NOTICE OF SALE
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT,
IN AND FOR LEE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO. 2016-CA-002544
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-BY-MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, 2006-PWR12, acting by and through its special servicer, C-III Asset Management, LLC, a Delaware limited liability company,
Plaintiff, vs.
STEVEN T. HOVLAND, SOLE TRUSTEE OF THE MAURIEL/HOVLAND LAND TRUST, A LAND TRUST CREATED AND ESTABLISHED BY, AND PURSUANT TO, THE MAURIEL/HOVLAND LAND TRUST AGREEMENT DATED AUGUST
1, 1995; et al,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure, dated January 3, 2017, entered in Civil Case No. 2016-CA-002544 of the Circuit Court of the 20th Judicial Circuit, in and for Lee County, Florida, wherein U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN- INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-BY-MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, 2006-PWR12 is the Plaintiff and, STEVEN T. HOVLAND, SOLE TRUSTEE OF THE MAURIEL/HOVLAND LAND TRUST, A LAND TRUST CREATED AND ESTABLISHED BY, AND PURSUANT TO, THE MAURIEL/HOVLAND LAND TRUST AGREEMENT DATED AUGUST 1, 1995; THE UNKNOWN BENEFICIARIES OF THE MAURIEL/HOVLAND LAND TRUST, A LAND TRUST CREATED AND ESTABLISHED BY, AND PURSUANT TO, THE MAURIEL/HOVLAND LAND TRUST AGREEMENT DATED AUGUST 1, 1995; STEVEN T. HOVLAND, SUCCESSOR-IN-INTEREST TO RANDY L. JOHNS, SOLE TRUSTEE OF THE JMH LAND TRUST, A LAND TRUST CREATED AND ESTABLISHED BY, AND PURSUANT TO, THE JMH LAND TRUST AGREEMENT DATED AUGUST 25, 1999; AND THE UNKNOWN BENEFICIARIES OF THE JMH LAND TRUST, A LAND TRUST CREATED AND ESTABLISHED BY, AND PURSUANT TO, THE JMH LAND TRUST AGREEMENT DATED AUGUST 25, 1999, are the Defendants.
The Lee County Clerk of Court will sell to the highest bidder for cash, via online auction at https://www.lee.realforeclose.com, in accordance with Chapters 702 and 45 of the Florida Statutes, beginning at the hour of 9 o'clock A.M., on February 6, 2017, the following described property, as set forth in said Final Judgment of Foreclosure, to wit:
See attached
Exhibit “A” and Exhibit “B”
EXHIBIT A
REAL PROPERTY
Lot 7, BONITA INDUSTRIAL PARK ADDITION II, as recorded in Plat Book 41, Pages 54 through 57, Public Records of Lee County, Florida, LESS AND EXCEPTING a parcel described below:
The Southerly 88 feet of Lot 7, BONITA INDUSTRIAL PARK ADDITION II, a subdivision in the East 1/2 of Section 16, Township 47 South, Range 25 East, Lee County, Florida, according to Plat Book 41, Pages 54 through 57, Public Records of Lee County, Florida, being more particularly described as follows:
Beginning at the Southwesterly corner of said Lot 7, being also the Northwesterly corner of Lot 8 of said BONITA INDUSTRIAL PARK ADDITION II and a point on the Easterly right-of-way line of U.S. Route No. 41 and a point on a curve concave to the West; thence run N 81°58'30” E along the line common to said Lots 7 and 8 for 177.22 feet; thence run N 59°04'32” E, continuing along said common line for 47.52 feet to the Southeasterly corner of said Lot 7, being also the Northeasterly corner of Lot 8, the Northwesterly corner of Lot 9 of said BONITA INDUSTRIAL PARK ADDITION II and the Southwesterly corner of Lot 6 of said BONITA INDUSTRIAL PARK ADDITION II; thence run N 07°55'29” W along the line common to said Lots 7 and 6 for 69.51 feet; thence run S 81°58'30” W for 214.05 feet to a point of intersection with said Easterly right-of-way line, being also a point on a curve concave to the West; thence run along said right-of-way on said curve having a radius of 5839.58 feet and a central angle of 00°51 '58” (Chord=S 03°25'54” E, 88.28 feet) for 88.28 feet to the point of beginning.
EXHIBIT B
All of the following property, rights, interests and estates (collectively, the “Property”) owned as of the date of the Mortgage, or thereafter acquired, by STEVEN T. HOVLAND, SOLE TRUSTEE OF THE MAURIEL/HOVLAND LAND TRUST, A LAND TRUST CREATED AND ESTABLISHED BY, AND PURSUANT TO, THE MAURIEL/HOVLAND LAND TRUST AGREEMENT DATED AUGUST 1, 1995; and STEVEN T. HOVLAND, SUCCESSOR-IN-INTEREST TO RANDY L. JOHNS, SOLE TRUSTEE OF THE JMH LAND TRUST, A LAND TRUST CREATED AND ESTABLISHED BY, AND PURSUANT TO, THE JMH LAND TRUST AGREEMENT DATED AUGUST 25, 1999 (the “Borrower”);
TOGETHER WITH all rights, interests, replacements, substitutions and additions thereto, therein or therefore (collectively, the “Mortgaged Property”):
(i) All right, title, estate and interest of Borrower and each entity comprising Borrower as a tenant-in-common in the Real Property, Improvements and other Property described herein, and all right, title and interest of Borrower in, to and under that certain Agreement (the “Co-Tenancy Agreement”) dated March 31, 2006 among the entities comprising Borrower hereunder, including without limitation, any and all rights of Borrower now or hereafter at any time arising under Section 363(i) of the Bankruptcy Code;
(ii) All that certain piece, parcel or tract of land or real property of which Borrower is now seized and in actual or constructive possession, situated in the City of Bonita Springs, County of Lee, and State of Florida (the “State”), and being more particularly described on Exhibit A attached hereto and by this reference made a part hereof (the “Real Property”);
(iii) All buildings, structures and other improvements of any kind, nature or description now or hereafter erected, constructed, placed or located upon the Real Property (the “Improvements”), including, without limitation, any and all additions to, substitutions for or replacements of such Improvements;
(iv) All minerals, royalties, gas rights, water, water rights, water stock, flowers, shrubs, lawn plants, crops, trees, timber and other emblements now or hereafter located on, under or above all or any part of the Real Property;
(v) All and singular, the tenements, hereditaments, strips and gores, rights-of-way, easements, privileges, profits and other appurtenances now or hereafter belonging or in any way appertaining to the Real Property, including, without limitation, all right, title and interest of the Borrower in any after-acquired right, title, interest, remainder or reversion in and to the beds of any ways, streets, avenues, roads, alleys, passages and public places, open or proposed, in front of, running through, adjoining or adjacent to the Real Property (the “Appurtenances”);
(vi) Any and all leases, licenses, contracts, rents, license fees, royalties, issues, revenues, profits, proceeds, deposits, income and other benefits, including accounts receivable, termination fees, of, accruing to or derived from the Real Property, Improvements and Appurtenances, and any business or enterprise presently situated or hereafter operated thereon and therewith and all of Borrower's right, title and interest under any and all lease guaranties, letters of credit, and any other credit support furnished to Borrower in connection with any of the foregoing (the “Rents”);
(vii) Any and all awards, payments or settlements, including interest thereon, and the right to receive the same, as a result of: (a) the exercise of the right of eminent domain; (b) the alteration of the grade of any way, street, avenue, road, alley, passage or public place; (c) any other injury, damage, casualty or claim relating to the taking of, or decrease in the value of, the Real Property, Improvements or Appurtenances; or (d) proceeds of insurance awards, to the extent of all amounts which may be secured by this Mortgage at the date of any such award or payment including but not limited to Reasonable Attorneys' Fees (as hereinafter defined), costs and disbursements incurred by Lender in connection with the collection of such award or payment;
(viii) All fixtures, materials, equipment, machinery, apparatus, appliances, and other property whatsoever now or hereafter attached to, installed in, or used in connection with the buildings and other improvements now erected or hereafter to be erected on said land, including, but not limited to, furnaces, steam boilers, hot-water boilers, oil burners, pipes, radiators, air-conditioning and sprinkler systems, gas and electric fixtures, carpets, rugs, shades, awnings, screens, elevators, motors, dynamos, cabinets and all other furnishings, tools, equipment and machinery, appliances, building supplies, materials, and all fixtures, accessions and appurtenances thereto, and all renewals or replacements of or substitutions for any of the foregoing, all of which property and things are hereby declared to be permanent fixtures and accessions to the freehold and part of the realty conveyed herein as security for the indebtedness herein mentioned; and
(ix) All agreements or contracts relating to any interest rate cap agreements, swaps or other interest hedging agreements;
Capitalized terms used above in this Exhibit B without definition have the meanings given them in the “Loan Documents” (as defined in the Complaint).
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THIS SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN SIXTY (60) DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER SIXTY (60) DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
WITNESS my hand and the Seal of said Court this 3 day of January 2017.
LINDA DOGGETT
CLERK OF THE CIRCUIT COURT
(Seal) By: M. Parker
As Deputy Clerk
Shutts & Bowen LLP
Attorneys for Plaintiff
Matthew T. Blackshear, Esq.
4301 W. Boy Scout Blvd., Suite 300 Tampa, Florida 33607
Telephone: (813) 227-8110
Email: [email protected]
January 6, 13, 2017 17-00076L

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