18-01689C

NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.
11-2018-CA-000315-0001-XX
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS
SUCCESSOR-BY-MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MORGAN STANLEY CAPITAL I INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2008-TOP29, acting by and through its special servicer, C-III Asset Management, LLC, a Delaware limited liability company,
Plaintiff, vs.
NAPLES INVESTMENT GROUP, LLC, a Florida limited liability company, and EDISON VILLAGE PROPERTY OWNERS' ASSOCIATION, INC., a Florida corporation,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure, dated August 21, 2018, entered in Civil Case No. 11-2018-CA-000315-0001-XX of the Circuit Court of the 20th Judicial Circuit, in and for Collier County, Florida, wherein U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR-BY-MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MORGAN STANLEY CAPITAL I INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2008-TOP29 is the Plaintiff and, NAPLES INVESTMENT GROUP, LLC, a Florida limited liability company, and EDISON VILLAGE PROPERTY OWNERS' ASSOCIATION, INC., a Florida corporation, are the Defendants.
The Collier County Clerk of Court will sell to the highest bidder for cash at public sale, beginning at the hour of 11 o'clock A.M., on September 20, 2018, in the lobby located on the third floor of the Courthouse Annex, Collier County Courthouse, 3315 Tamiami Trail East, Naples, FL 34112, 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)
The land referred to herein below is situated in the County of Collier, State of Florida, and is described as follows:
Lot 10, EDISON VILLAGE, a subdivision according to the plat thereof as recorded in Plat Book 43, at Pages 76 and 77, of the Public Records of Collier County, Florida.
Together with an Easement for ingress and egress under that certain Declaration of Easements, Covenants and Restrictions for Edison Village recorded as Instrument Number 3361912 in Book 3522, Page 3403, which provides access to a public roadway.
LESS AND EXCEPT THE FOLLOWING:
A portion of Lot 10, EDISON VILLAGE, as recorded in Plat Book 43, at Pages 76 and 77, of the Public Records of Collier County, Florida, being more particularly described as follows:
Beginning at the Northeast corner of said Lot 10 said point also being the Westerly right-of-way line of Collier Boulevard; thence South 00°50'44” West along the Westerly right-of-way of Collier Boulevard, a distance of 225.31 feet to the Southeast corner of said Lot 10; thence South 88°01'48” West along the South line of said Lot 10, a distance of 25.03 feet; thence leaving said South line North 00°50'44” East, a distance of 32.02 feet; thence South 89°09'16” East, a distance of 10.00 feet; thence North 00°50'44” East, a distance of 193.78 feet to the Northerly line of said Lot 10; thence North 88°01'48” East along said Northerly line, a distance of 15.02 feet to the Point of Beginning. (As conveyed in that certain Warranty Deed recorded in Official Record Book 4194, at Page 768, of the Public Records of Collier County, Florida.)
EXHIBIT B
(the “Property”)
All of the following property, rights, interests and estates (collectively, the “Property”) owned as of the date of the Mortgage, or thereafter acquired, by NAPLES INVESTMENT GROUP, LLC, a Florida limited liability company (the “Borrower”):
(a) Land. The real property described in Exhibit A attached hereto and made a part hereof (the “Land”);
(b) Additional Land. All additional lands, estates and development rights hereafter acquired by Borrower 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 this 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 (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 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 Borrower of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances 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) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower 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 Borrower, or in which Borrower 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 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”), and all proceeds and products of the above;
(f) Leases and Rents. 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 Borrower 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 Borrower, its successors and assigns therein and thereunder, including, without limitation, any guaranties of the lessees' obligations thereunder, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, early termination fees and payments and other termination fees and payments (any such early termination fees, payments and other termination fees and payments, the “Lease Termination Fees”), 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;
(g) Insurance Proceeds. 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;
(h) Condemnation Awards. 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;
(i) Tax Certiorari. 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;
(j) Conversion. 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;
(k) Rights. The right, in the name and on behalf of Borrower, 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 Lender in the Property;
(l) 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 respecting any business or activity conducted on the Land and any part thereof and all right, title and interest of Borrower therein and thereunder, including, without limitation, the right, upon the occurrence and during the continuance of an Event of Default (defined below), to receive and collect any sums payable to Borrower thereunder;
(m) Intangibles. All trade names, 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; and
(n) Other Rights. Any and all other rights of Borrower in and to the items set forth in Subsections (a) through (m) above.
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.
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 Charles Rice, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (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.
WITNESS my hand and the Seal of said Court this 22 day of August 2018.
CRYSTAL K. KINZEL
CLERK OF THE CIRCUIT COURT
(SEAL) By: G. Karlen
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]
Aug. 31; Sept. 7, 2018 18-01689C

View the PDF of the publication this ad appeared in