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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.: 17-CA-4314 DIV A
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF CITIGROUP COMMERCIAL MORTGAGE TRUST 2007-C6, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C6,
Plaintiff, v.
GEM PROPERTIES/AMBERLY LLC, a Florida limited liability company; and GEM MANAGEMENT, LLC, a Florida limited liability company,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure entered on June 9, 2017, in Case No. 17-CA-4314, 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 August 14, 2017 at the hour of 10:00 a.m. EST, the property described as follows:
See Exhibit A attached hereto.
Exhibit A
Real Property
Tracts M2 and M3 of A REPLAT OF TAMPA PALMS UNIT 1B, according to the plat thereof recorded in Plat Book 60, page 28, of the public records of Hillsborough County, Florida; and
Tract M1-C of A REPLAT OF TRACTS M-1, M-13, M-14 OF A REPLAT OF TAMPA PALMS UNIT 1B, according to the plat thereof recorded in Plat Book 67, page 37, of the public records of Hillsborough County, Florida;
TOGETHER WITH a non-exclusive easement for access, ingress and egress, and drainage over and across access Tract R3 of a REPLAT OF TAMPA PALMS UNIT 1B, according to the plat thereof recorded in Plat Book 60, page 28, of the public records of Hillsborough County, Florida; and
TOGETHER WITH those certain Reciprocal Easements appurtenant thereto as set forth in document recorded June 2, 1988, in Official Records Book 5420, page 188, of the public records of Hillsborough County, Florida.
TOGETHER WITH a perpetual non-exclusive easement for the purpose of maintaining, repairing, and replacing a planter and sign together with the right of ingress and egress thereto as set forth and contained in the Easement Deed recorded April 14, 1994, in Official Records Book 7358, page 1792, of the public records of Hillsborough County, Florida.
TOGETHER WITH a perpetual, non-exclusive, alienable easement for the construction and maintenance of a pylon sign as set forth and contained in the Sign Easement recorded March 4, 2002, in Official Records Book 11462, page 1429, of the public records of Hillsborough County, Florida.
TOGETHER WITH perpetual, non-exclusive easements for pedestrian and vehicular ingress and egress and for cross-parking contained in the Reciprocal Easement Agreement recorded in Official Records Book 5594, page 876 as amended by the document recorded in Official Records Book 5884, page 851, of the public records of Hillsborough County, Florida.
(the foregoing referred to as the “Land”)
TOGETHER WITH:
Any and all assets of the Debtor, of any kind or description, tangible or intangible, whether now existing or hereafter arising or acquired, including, but not limited to:
(a) all property of, or for the account of, the Debtor now or hereafter coming into the possession, control or custody of, or in transit to, the Secured Party or any agent or bailee for the Secured Party or any parent, affiliate or subsidiary of the Secured Party or any participant with the Secured Party in the loans to the Debtor (whether for safekeeping, deposit, collection, custody, pledge, transmission or otherwise), including all earnings, dividends, interest, or other rights in connection therewith and the products and proceeds therefrom, including the proceeds of insurance thereon; and
(b) the additional property of the Debtor, whether now existing or hereafter arising or acquired, and wherever now or hereafter located, together with all additions and accessions thereto, substitutions for, and replacements, products and proceeds therefrom, and all of the Debtor's books and records and recorded data relating thereto (regardless of the medium of recording or storage), together with all of the Debtor's right, title and interest in and to all computer software required to utilize, create, maintain and process any such records or data on electronic media, identified and set forth as follows:
i. All Accounts and all Goods whose sale, lease or other disposition by the Debtor has given rise to Accounts and have been returned to, or repossessed or stopped in transit by, the Debtor, or rejected or refused by an Account Debtor;
ii. All Inventory, including, without limitation, raw materials, work-in- process and finished goods;
iii. All Goods (other than Inventory), including, without limitation, embedded software, Equipment, vehicles, furniture and Fixtures;
iv. All Software and computer programs;
v. All Securities and Investment Property;
vi. All Chattel Paper, Electronic Chattel Paper, Instruments, Documents, Letter of Credit Rights, all proceeds of letters of credit, Health-Care-Insurance Receivables, Supporting Obligations, notes secured by real estate, Commercial Tort Claims, contracts, licenses, permits and all other General Intangibles, including Payment Intangibles and collateral assignments of beneficial interest in land trusts;
vii. All insurance policies and proceeds insuring the foregoing property or any part thereof, including unearned premiums; and
viii. All operating accounts, the loan funds, all escrows, reserves and any other monies on deposit with or for the benefit of Secured Party, including deposits for the payment of real estate taxes and insurance, maintenance and leasing reserves, and any cash collateral accounts, clearing house accounts, operating accounts, bank accounts of Debtor or any other Deposit Accounts of Debtor.
Capitalized words and phrases used herein and not otherwise defined herein shall have the respective meanings assigned to such terms in either: (i) Article 9 of the Uniform Commercial Code as in force in Illinois at the time the financing statement was filed by the Secured Party, or (ii) Article 9 as in force at any relevant time in Illinois, the meaning to be ascribed thereto with respect to any particular item of property shall be that under the more encompassing of the two definitions.
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 20th day of June, 2017.
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 FOR THE REGISTERED HOLDERS OF CITIGROUP COMMERCIAL MORTGAGE TRUST 2007-C6, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C6
4850-2452-1546 v1
2904052-000262
July 14, 21, 2017 17-03035H