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NOTICE OF SALE
in the circuit court of the TWENTIETH judicial circuit, In and for
COLLIER county, florida
CASE NO.
11-2015-CA-001561-0001-XX
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2007-6, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-6,
Plaintiff, vs.
LAKEWOOD PLAZA, LLC, a Florida limited liability company,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Consent Final Judgment of Foreclosure dated May 22, 2017 (the “Judgment”), in that certain cause pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, wherein U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML- CFC COMMERCIAL MORTGAGE TRUST 2007-6, COMMERCIAL MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2007-6, is Plaintiff, and LAKEWOOD PLAZA, LLC, a
Florida limited liability company, is Defendant, in Case No. 11-2015-CA-001561-0001-XX, the Clerk of Court shall, at 11:00 a.m. on June 22, 2017, offer for sale and sell to the highest bidder for cash in the third floor lobby of the Courthouse Annex of the Collier County Courthouse, 3315 Tamiami Trail East, Naples, Collier County, Florida 34112, in accordance with Section 45.031, Florida Statutes, the following described real and personal property, situated and being in Collier County, Florida, to-wit:
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 Property
Parcel 1:
Commencing at the most Westerly corner of undivided Block “C” of Lakewood Unit No. 1 according to the plat thereof as recorded in Plat Book 12, Pages 7, 8 and 9, Collier County Public Records, Collier County, Florida; thence along the Northwesterly line of said Block “C” and along the Southeasterly right-of-way line of Lakewood Boulevard, North 50°56'29” East 165.00 feet to the PLACE OF BEGINNING of the parcel herein described, thence continue along said right-of-way line North 50°56'29” East 142.07 feet; thence South 39°03'31“ East 420.00 feet to the Southeasterly line of said Block “C”; thence along said Southeasterly line of Block “C” South 50°56'29” West 307.07 feet to the Northeasterly right of-way line of Highway U.S. 41 (Tamiami Trail), and the Southwesterly line of said Block
“C”; thence along said Northeasterly right-of-way line, North 39°03'31” West 270.00 feet; thence North 50°56'29” East 165.00 feet; thence North 39°03'31” West 150.00 feet to the Southeasterly right-of-way line of Lakewood Boulevard and the PLACE OF BEGINNING of the parcel herein described.
Parcel 2:
Description of Parking Easement located in part of the East 1/2 of Section 13, Township 50 South, Range 25 East, Collier County, Florida.
All that part of the East 1/2 of Section 13, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows:
Commencing at the Southeast corner of said Section 13; thence along the East line of said Section 13, North 01° 32' 28” West, 149.72 feet to the Northerly right-of-way line of U.S. 41 (Tamiami Trail); thence along said right-of-way line North 39°03' 31” West, 2,860.45 feet to the Northwesterly right-of-way line of Lakewood Boulevard, an 80.00 foot right-of-way as shown on the plat of record of Lakewood Unit No. 1 (Plat Book 12, Pages 7-9), Collier County, Florida; thence leaving the Northerly right-of-way line of said U.S. 41 (Tamiami Trail), and along the Northwesterly right-of-way line of said Lakewood Boulevard, North 50°56'29” East, 200.00 feet for the PLACE OF BEGINNING of the Parking Easement herein described; thence North 39°03'31” West, 238.00 feet; thence North 50°56'29” East, 96.00 feet; thence South 39°03'31” East, 238.00 feet to the Northwesterly right-of-way line of said Lakewood Boulevard; thence along said right-of-way line, South 50°56' 29” West, 96.00 feet to the PLACE OF BEGINNING of the Parking Easement herein described.
EXHIBIT B
PERSONAL PROPERTY
DESCRIPTION
All rights, interests and estates now owned, or hereafter acquired by LAKEWOOD PLAZA, LLC, a Florida limited liability company (“Debtor”) in, to or under the following (collectively, the “Property”):
(a) Land: The real property described in the foregoing Exhibit A (the “Land”);
(b) Additional Land. 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 otherwise be expressly made subject to the lien of that Renewal, Amended and Restated Mortgage, Assignment of Leases and Rents and Security Agreement (the “Security Instrument”);
(c) Improvements. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the 'Improvements”);
(d) Easements. 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 reversions 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, rights of dower, 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 appurtences thereto;
(e) Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), furniture 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”), 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 (the “Uniform Commercial Code”), and all proceeds and products of the above;
(f) Leases and Rents. All leases, subleases, lettings, licenses, concessions or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion of the Land and the Improvements, and every modification, amendment or other agreement relating to such leases, subleases, or other agreements entered into in connection with such leases, subleases, or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into, whether before or after the filing by or against Debtor of any petition for relief under any Creditors Rights Laws (collectively, 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 any Creditors Rights Laws (collectively, 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;
(g), Insurance Proceeds. All Insurance Proceeds in respect of the Property under any 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;
(h) Condemnation Awards. All Awards, including interest thereon, which may heretofore and hereafter be made with respect to the Property by reason of Condemnation, 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;
(i) Tax Certiorari. All refunds, rebates or credits in connection with 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) Rights. 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;
(k) Agreements. 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 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;
(l) Intangibles. 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;
(m) Accounts. All reserves, escrows and deposit accounts maintained by Debtor with respect to the Property including, without limitation. all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property held therein from time to time and all proceeds, products, distributions or dividends or substitutions thereon and thereof;
(n) Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing items set forth in subsections (a) through (m) including, without limitation, Insurance Proceeds and Awards, into cash or liquidation claims; and
(o) Other Rights. Any and all other rights of Debtor in and to the items set forth in subsections (a) through (n) above.
All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Security Instrument
Said sale will be made pursuant to and in order to satisfy the terms of the Judgment.
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, 3311 East Tamiami Trail, Naples, FL 34112, (239) 252-8800, 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 25 day of May, 2017.
Dwight E. Brock
As Clerk of the Court
(SEAL) By Kathleen Murray
As Deputy Clerk
Joseph E. Foster, Esquire
Florida Bar No. 282091
AKERMAN LLP
420 South Orange Avenue
Suite 1200
Orlando, FL 32801
Telephone: (407)423-4000
Facsimile: (407) 843-6610
[email protected]
30436669;1
June 2, 9, 2017 17-00948C