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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF
THE 20TH JUDICIAL
CIRCUIT, IN AND FOR
LEE COUNTY, FLORIDA
CASE NO.: 16-CA-004361
PLANTATION ROAD HOLDINGS, LLC a Delaware limited liability company, as successor-in-interest to
ROMSPEN MORTGAGE LIMITED PARTNERSHIP, an Ontario limited partnership,
Plaintiff vs.
MEDMAR DEVELOPMENTS, LLC, a Florida limited liability company; AMERISTAR DEVELOPMENT
CORPORATION, a Florida corporation; M1
DEVELOPMENTS, INC., an Ontario corporation; M1 FLORIDA DEVELOPMENTS, INC., a Florida
corporation; PLANTATION SUBDIVISION, LLC,
a Florida limited liability company; BILL MARDIMAE,
individually; GARY MEDWID, individually; UNKNOWN PARTY IN POSSESSION,
Defendant,
NOTICE IS HEREBY GIVEN pursuant to an Order or Final Judgment entered in Case No. 16-CA-004361 of the Circuit Court of the 20th Judicial Circuit in and for Lee County, Florida, wherein, Plantation Road Holdings, LLC, as successor-in-interest to Romspen Mortgage Limited Partnership, Plaintiff, and, Medmar Developments, LLC, Ameristar Development Corporation, M1 Developments, Inc., M1 Florida Developments, Inc., Plantation Subdivision, LLC, Bill Mardimae, Gary Medwid and Unknown Parties in Possession, are Defendants, I will sell to the highest bidder for cash at, WWW.LEE.REALFORECLOSE.COM, at the hour of 9:00 A.M., on the 11 day of October, 2017, the following described property:
I. THE FOLLOWING REAL PROPERTY OF MEDMAR DEVELOPMENTS, LLC
A PORTION OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 45 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 45 SOUTH, RANGE 25 EAST; THENCE RUN S.00°52'17"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 125.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLONIAL BOULEVARD; THENCE CONTINUE S.00°52'17"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 1870.64 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.00°52'17"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 645.84 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 6; THENCE RUN S.88°48'42"W., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, FOR A DISTANCE OF 2594.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF PLANTATION EXTENSION ROAD, A 100 FOOT RIGHT-OF-WAY; THENCE RUN N.00°51'06''W., ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 69.41 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTHEAST; THENCE RUN NORTHERLY AND NORTHEASTERLY, ALONG SAID RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 750.00 FEET, THROUGH A CENTRAL ANGLE OF 55 09'44", SUBTENDED BY A CHORD OF 694.51 FEET AT A BEARING OF N.26°43'46"E., FOR A DISTANCE OF 722.07 FEET TO THE END OF SAID CURVE; THENCE RUN N.54°18'38"E., ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 1542.59 FEET; THENCE RUN S.35°41'22"E., FOR A DISTANCE OF 312.57 FEET; THENCE RUN S.54°18'38"W., FOR A DISTANCE OF 142.61 FEET; THENCE RUN S.35°41'22"E., FOR A DISTANCE OF 694.85 FEET; THENCE RUN N.88°48'42"E., FOR A DISTANCE OF 547.76 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A NON-EXCLUSIVE PERPETUAL EASEMENT FOR INGRESS AND EGRESS AS SET FORTH IN GRANT OF EASEMENT RECORDED MAY 20, 1982 IN OFFICIAL RECORDS BOOK 1606, PAGE 688, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
Together with a non-exclusive easement as set forth in the Sanitary Sewer Force Main Easement Agreement recorded in Instrument Number 2010000188741, as amended in Instrument Number 2014000199357, of the Public Records of Lee County, Florida,
Together with a non-exclusive easement as set forth in the Roadway and Utility Cross Access Easement Agreement recorded in Instrument Number 2010000188742, as amended in Instrument Number 2014000199354, of the Public Records of Lee County, Florida.
Together with a non-exclusive easement as set forth in the Sign and Access Easement Agreement recorded in Instrument Number 2010000188745, as amended in Instrument Number 2014000199358, of the Public Records of Lee County, Florida.
Together with a non-exclusive easement as set forth in the Privacy Wall and Berm Agreement recorded in Instrument Number 2014000199356, of the Public Records of Lee County, Florida.
a/k/a 10301 Plantation Road, Fort Myers, FL 33966 (hereinafter the “Real Property” or the “Land”)
and
II. THE FOLLOWING PERSONAL PROPERTY MEDMAR DEVELOPMENTS, LLC
Equipment. All “goods” and “equipment,” as such terms are defined in Article 9 of the Uniform Commercial Code (as hereinafter defined), now owned or hereafter acquired by Borrower, which is used at or in connection with the Improvements or the Land or is located thereon or therein (including all machinery, equipment, furnishings, and electronic data-processing and other office equipment now owned or hereafter acquired by Borrower and any and all additions, substitutions and replacements of any of the foregoing), together with all attachments, components, parts, equipment and accessories installed thereon or affixed thereto (collectively, the “Equipment”);
Fixtures. All Equipment now owned, or the ownership of which is hereafter acquired, by Borrower which is so related to the Land and Improvements forming part of the Property that it is deemed fixtures or real property under the law of the particular state in which the Equipment is located, including all building or construction materials intended for construction, reconstruction, alteration or repair of or installation on the Property, construction equipment, appliances, machinery, plant equipment, fittings, apparatuses, fixtures and other items now or hereafter attached to, installed in or used in connection with (temporarily or permanently) any of the Improvements or the Land, including engines, devices for the operation of pumps, pipes, plumbing, cleaning, call and sprinkler systems, fire extinguishing apparatuses and equipment, heating, ventilating, laundry, incinerating, electrical, air conditioning and air cooling equipment and systems, gas and electric machinery, appurtenances and equipment, pollution control equipment, security systems, disposals, dishwashers, refrigerators and ranges, recreational equipment and facilities of all kinds, and water, gas, electrical, storm and sanitary sewer facilities, utility lines and equipment (whether owned individually or jointly with others, and, if owned jointly, to the extent of Borrower's interest therein) and all other utilities whether or not situated in easements, all water tanks, water supply, water power sites, fuel stations, fuel tanks, fuel supply, and all other structures, together with all accessions, appurtenances, additions, replacements, betterments and substitutions for any of the foregoing and the proceeds thereof (collectively, the “Fixtures”);
Personal Property. All furniture, furnishings, objects of art, machinery, goods, tools, supplies, appliances, general intangibles, entitlements, approvals, authorizations, contract rights, accounts, accounts receivable, franchises, licenses, certificates and permits, and all other personal property of any kind or character whatsoever as defined in and subject to the provisions of the Uniform Commercial Code, other than Fixtures, which are now or hereafter owned by Borrower and which are located within or about the Land and the Improvements, together with all accessories, replacements and substitutions thereto or therefor and the proceeds thereof (collectively, the “Personal Property”), and the right, title and interest of Borrower 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”), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;
Leases and Rents. All leases, subleases or subsubleases, 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, subsubleases, or other agreements entered into in connection with such leases, subleases, subsubleases, 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 (collectively, the “Leases”), whether before or after the filing by or against Borrower of any petition for relief under the Bankruptcy Code and all right, title and interest of Borrower, its successors and assigns therein and thereunder, including 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 Borrower of any petition for relief under the Bankruptcy Code (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. “Rents” shall include all revenues, deposits (including security, utility and other deposits and Lease termination payments and tenant reimbursements), accounts, cash, issues, fees, profits, charges for services rendered, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Borrower or its agents or employees from any and all sources (including any Service Rights granted to any Person and any warrants, stock options or other rights granted to Borrower or its Affiliates in connection with any Lease) whether or not arising from or attributable to the Property, and proceeds, if any, from business interruption or other loss of income insurance, together with 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 and all right, title and interest of Borrower, its successors and assigns therein and thereunder, including all guarantees, letters of credit (including the proceeds thereof) and any other credit support given by any guarantor in connection therewith, and all rents, additional rents, revenues, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Property and the Improvements whether paid or accruing before or after the filing by or against Borrower of any petition for relief under the Bankruptcy Code 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.
AND
(a) all easements and other rights now or hereafter made appurtenant to the Real Property described hereinabove;
(b) all goods, inventory, intangible personal property, licenses (including without limitation, liquor licenses), apparatus, machinery, equipment, furnishings, fixtures, fittings, appliances and air conditioning and heating equipment, furniture, freezing equipment, and other property of every kind and nature whatsoever owned by Mortgagor/Debtor, or in which Mortgagor/Debtor has or shall have an interest, now or hereafter located upon the Real Property, or appurtenant thereto, and usable in connection with the Real Property, and the right, title and interest of Mortgagor/Debtor in and to any of the equipment, which may be subject to any security agreements (as defined in the Uniform Commercial Code);
(c) all awards or payments, including interest thereon, which may be made with respect to the Real Property, whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Real Property;
(d) all leases and other agreements affecting the use or occupancy of the Real Property now or hereafter entered into and the right to receive and apply the rents, issues and profits of the Real Property, and any security deposits paid in connection therewith;
(e) all rights of Mortgagor/Debtor in and to all present and future fire, flood, liability and/or hazard insurance policies pertaining to all or any portion of the Real Property and/or any items covered by this instrument, including without limitation any unearned premiums and all insurance proceeds or sums payable in lieu of or as compensation for the loss of or damage to all or any portion of the Real Property and/or any items covered by this instrument;
(f) the right (but not the obligation), in the name and on behalf of Mortgagor/Debtor, to appear in and defend any action or proceeding brought with respect to the Real Property and to commence any action or proceeding to protect the interest of the Mortgagee/Secured Party in the Real Property;
(g) all tenements, hereditaments, easements, riparian or other rights and appurtenances thereunto belonging or in any wise appertaining, including all right, title and interest of Mortgagor/Debtor in and to the underlying title of any roads or other dedicated area abutting the Real Property, and the reversions, remainders, rents, issues and profits thereof, and all after acquired title of Mortgagor/Debtor in the Real Property;
(h) all abstracts of title, contract rights, management, franchise and service agreements, accounts, occupancy permits and licenses, building and other permits, governmental approvals, licenses, agreements with utilities companies, water and sewer capacity reservation agreements, bonds, governmental applications and proceedings, feasibility studies, maintenance and service contracts, marketing agreements, development agreements, surveys, engineering work, architectural plans and engineering plans, site plans, landscaping plans, engineering contracts, architectural contracts, and all other contracts respecting the Real Property and all other consents, approvals and agreements which Mortgagor/Debtor may now or hereafter own in connection with the Real Property and/or any improvements constructed thereon, and all deposits, down payments and profits paid or deposited thereunder, now existing or hereafter obtained by or on behalf of Mortgagor/Debtor;
(i) all sanitary and storm sewer, water and utility service agreements as to which Mortgagor/Debtor is a party or beneficiary;
(j) all building materials, appliances and fixtures now owned or hereafter to be acquired by or on behalf of Mortgagor/Debtor and intended for use in the construction of or incorporated, annexed to, or located in, or to be incorporated in, annexed to, or located in the buildings and improvements to be constructed on the Real Property or any part thereof. Said materials and personal property shall include but not be limited to lumber, plaster, cement, shingles, roofing, plumbing fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment, kitchen goods, hotel goods, restaurant goods, bar goods, tools, lawn equipment, floor coverings;
(k) any monies and any escrow accounts established or accrued pursuant to that certain Mortgage encumbering the Real Property made by Mortgagor/Debtor in favor of Mortgagee/Secured Party;
(l) any property or other things of value acquired with or paid for by any future advances pursuant to the said Mortgage;
(m) all contracts of sale and purchase agreements respecting the Real Property, all contracts for deed and any notes and mortgages executed and delivered to Mortgagor/Debtor in connection with any contracts for deed otherwise, and any other contracts entered into by Mortgagor/Debtor respecting or relating in any manner to the Real Property;
(n) all income and profits due or to become due under any contracts of sale or purchase agreements respecting the Real Property, now existing or hereafter obtained by or on behalf of Mortgagor/Debtor;
(o) all refunds of property taxes relating to the Real Property or any other property covered by this financing statement;
(p) all accounts receivable arising from operations conducted at the Real Property;
(q) all of the water, sanitary and storm sewer systems now or hereafter owned by the Mortgagor/Debtor which are now or hereafter located by, over, or upon the Real Property or any part or parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances;
(r) all of the right, title and interest of the Mortgagor/Debtor in and to any copyrights, trademarks, service marks, trade names, names of businesses, or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Real Property;
(s) all of Mortgagor/Debtor's interest in all utility security deposits or bonds on the Real Property or any part or parcel thereof;
(t) any and all balances, credits, deposits, accounts or monies of the Mortgagor/Debtor and all guarantors and all other such properties and securities then or thereafter established with or in the possession of the Mortgagee/Secured Party;
(u) all warranties, guaranties, instruments, documents, chattel papers and general intangibles relating to or arising from the foregoing collateral, now owned or hereafter acquired by Mortgagor/Debtor; and
(v) any impact fee credits owned by Mortgagor/Debtor.
Together with all substitutions for, alterations, repairs and replacements of any of the foregoing and any and all proceeds (whether cash proceeds or non cash proceeds), products, renewals, accessions and additions or any of the foregoing.
III. THE FOLLOWING PERSONAL PROPERTY OF AMERISTAR DEVELOPMENT CORPORATION and M1 FLORIDA DEVELOPMENT, INC.
A. [intentionally deleted]
B. All of each Debtor's right, title and interest in and to the following, wherever located, whether now existing or hereafter from time to time arising or acquired (collectively, the "Collateral"):
(a) all Accounts;
(b) all Goods, including, without limitation: (i) all Equipment; (ii) all Inventory; (iii) all Fixtures; and (vi) all Accessions;
(c) all Documents, Instruments and Chattel Paper, including, without limitation, all Electronic Chattel Paper and Tangible Chattel Paper;
(d) all Letters of Credit and Letter-of-Credit Rights;
(e) all Investment Property;
(f) all Intellectual Property Collateral;
(g) the Commercial Tort;
(h) all General Intangibles, including, without limitation, all Payment Intangibles and Software;
(i) all Money and all Deposit Accounts;
(j) all Supporting Obligations;
(k) all books and Records relating to the Collateral;
(l) to the extent not covered by clauses (a) through (k) of this sentence, all other assets, personal property and rights of Grantor, whether tangible or intangible; and
(m) all Proceeds and products, whether tangible or intangible, of each of the foregoing and all accessions to, substitutions and replacements for, and rents, profits and products of, each of the foregoing, and any and all Proceeds of any insurance, indemnity, warranty or guaranty payable to such Debtor from time to time with respect to any of the foregoing, and any and all Accounts, Chattel Paper, Deposit Accounts, Documents, General Intangibles, Goods, Instruments, Investment Property, Letter of Credit Rights, Letters of Credit, real property, Supporting Obligations, money, or other tangible or intangible property resulting from the sale, exchange, collection, or other disposition of any of the foregoing, or any portion thereof or interest therein, and the Proceeds thereof. Notwithstanding the foregoing, this Collateral shall not include the following: (a) real estate, partnership or ownership interests owned by Debtor relating to real estate holding (exclusive of each Debtor's interest in Medmar Developments, LLC, which will be pledged); or (b) any item of tangible property with a value of $30,000.00 or less; or (c) property co-owned by Debtor including, without limitation, property owned by Debtor as a tenant in common or by the entireties with any other party.
All of the capitalized terms not otherwise defined shall have the meaning set forth in the Uniform Commercial Code in effect from time to time in the State of Florida.
IV. THE FOLLOWING PERSONAL PROPERTY OF PLANTATION SUBDIVISION, LLC and BILL MARDIMAE
All of each Debtor's right, title and interest in and to the following, wherever located, whether now existing or hereafter from time to time arising or acquired (collectively, the "Collateral"):
(a) all Accounts;
(b) all Goods, including, without limitation: (i) all Equipment; (ii) all Inventory; (iii) all Fixtures; and (vi) all Accessions;
(c) all Documents, Instruments and Chattel Paper, including, without limitation, all Electronic Chattel Paper and Tangible Chattel Paper;
(d) all Letters of Credit and Letter-of-Credit Rights;
(e) all Investment Property;
(f) all Intellectual Property Collateral;
(g) the Commercial Tort;
(h) all General Intangibles, including, without limitation, all Payment Intangibles and Software;
(i) all Money and all Deposit Accounts;
(j) all Supporting Obligations;
(k) all books and Records relating to the Collateral;
(l) to the extent not covered by clauses (a) through (k) of this sentence, all other assets, personal property and rights of Grantor, whether tangible or intangible; and
(m) all Proceeds and products, whether tangible or intangible, of each of the foregoing and all accessions to, substitutions and replacements for, and rents, profits and products of, each of the foregoing, and any and all Proceeds of any insurance, indemnity, warranty or guaranty payable to such Debtor from time to time with respect to any of the foregoing, and any and all Accounts, Chattel Paper, Deposit Accounts, Documents, General Intangibles, Goods, Instruments, Investment Property, Letter of Credit Rights, Letters of Credit, real property, Supporting Obligations, money, or other tangible or intangible property resulting from the sale, exchange, collection, or other disposition of any of the foregoing, or any portion thereof or interest therein, and the Proceeds thereof. Notwithstanding the foregoing, this Collateral shall not include the following: (a) real estate, partnership or ownership interests owned by Debtor relating to real estate holding; or (b) any item of tangible property with a value of $30,000.00 or less; or (c) property co-owned by Debtor including, without limitation, property owned by Debtor as a tenant in common or by the entireties with any other party.
All of the capitalized terms not otherwise defined shall have the meaning set forth in the Uniform Commercial Code in effect from time to time in the State of Florida.
V. THE FOLLOWING PERSONAL PROPERTY
OF GARY MEDWID
All of each Debtor's right, title and interest in and to the following, wherever located, whether now existing or hereafter from time to time arising or acquired (collectively, the "Collateral"):
(a) all Accounts;
(b) all Goods, including, without limitation: (i) all Equipment; (ii) all Inventory; (iii) all Fixtures; and (vi) all Accessions;
(c) all Documents, Instruments and Chattel Paper, including, without limitation, all Electronic Chattel Paper and Tangible Chattel Paper;
(d) all Letters of Credit and Letter-of-Credit Rights;
(e) all Investment Property;
(f) all Intellectual Property Collateral;
(g) the Commercial Tort;
(h) all General Intangibles, including, without limitation, all Payment Intangibles and Software;
(i) all Money and all Deposit Accounts;
(j) all Supporting Obligations;
(k) all books and Records relating to the Collateral;
(l) to the extent not covered by clauses (a) through (k) of this sentence, all other assets, personal property and rights of Grantor, whether tangible or intangible; and
(m) all Proceeds and products, whether tangible or intangible, of each of the foregoing and all accessions to, substitutions and replacements for, and rents, profits and products of, each of the foregoing, and any and all Proceeds of any insurance, indemnity, warranty or guaranty payable to such Debtor from time to time with respect to any of the foregoing, and any and all Accounts, Chattel Paper, Deposit Accounts, Documents, General Intangibles, Goods, Instruments, Investment Property, Letter of Credit Rights, Letters of Credit, real property, Supporting Obligations, money, or other tangible or intangible property resulting from the sale, exchange, collection, or other disposition of any of the foregoing, or any portion thereof or interest therein, and the Proceeds thereof. Notwithstanding the foregoing, this Collateral shall not include the following: (a) real estate, partnership or ownership interests owned by Debtor relating to real estate holding; or (b) any item of tangible property with a value of $30,000.00 or less; or (c) property co-owned by Debtor including, without limitation, property owned by Debtor as a tenant in common or by the entireties with any other party.
All of the capitalized terms not otherwise defined shall have the meaning set forth in the Uniform Commercial Code in effect from time to time in the State of Florida.
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.
DATED this SEP 19, 2017.
Linda Doggett
Clerk of the Court
(Court Seal) By: T. Cline
Deputy Clerk
Submitted by:
Evan B. Klinek, Esq.
Greenspoon Marder, P.A.
200 East Broward Boulevard,
Suite 1800
Fort Lauderdale, Fl 33301
(954) 491-1120
(31713310.1 49192.0001)
September 22, 29, 2017 17-03689L