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NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 2018-CA-005474-O
DIVISION 33
WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C5,
Plaintiff, vs.
ANCAR REALTY FL LLC; THOMAS G. BRADFORD JR.; and, ROBERT BALLACK,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Stipulated Final Judgment of Foreclosure dated August 14, 2018 entered in Case No. 2018-CA-005474-O (33), in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, wherein Wells Fargo Bank, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2007-C5, is the Plaintiff, and Ancar Realty FL LLC, Thomas G. Bradford Jr., and Robert Ballack, are the Defendants, the Clerk of Courts will sell to the highest and best bidder for cash except as set forth hereinafter, at 11:00 a.m. on November 27, 2018, via the Internet at www.myorangeclerk.realforeclose.com, the Orange County website for on-line auctions, the following described property situated in Orange County, as set forth in said Final Judgment, to wit:
SEE EXHIBIT “A” AND EXHIBIT “B”
ATTACHED HERETO AND MADE A PART HEREOF
EXHIBIT A
Legal Description of Real Property
PARCEL 1 (Leasehold Interest)
Commence at the Southeast corner of the East 1/2 of the Southeast 1/4 of the Northwest 1/4 Section 16, Township 23 South, Range 29 East, Orange County, Florida and run North 00 degrees 23 minutes 30 seconds East along the East line of the said East 1/2 of the Southeast 1/4 of the Northwest 1/4 a distance of 80.00 feet; thence run South 89 degrees 59 minutes 45 seconds West parallel to the South line of said East 1/2 of the Southeast 1/4 of Northwest 1/4 a distance of 100.00 feet to the point of intersection of the West right-of-way line of John Young Parkway and the Northerly right-of-way line of Americana Boulevard, said point also being the Point of Beginning; thence continue South 89 degrees 59 minutes 45 seconds West 268.60 feet; thence run North 00 degrees 23 minutes 30 seconds East 273.69 feet; thence run South 89 degrees 36 minutes 30 seconds East 228.60 feet; thence run North 00 degrees 23 minutes 30 seconds East 356.68 feet; thence run South 89 degrees 36 minutes 30 seconds East 40.00 feet to a point on the Westerly right-of-way line of John Young Parkway; thence run South 00 degrees 23 minutes 30 seconds West along said Westerly right-of-way line a distance of 628.51 feet to the Point of Beginning to close.
NOTE FOR INFORMATIONAL PURPOSES ONLY: A portion of the above described Parcel is located within the East 40 feet of the Plat of KFC-Americana Boulevard, recorded in Plat Book 53, Page 139, and the Plat of Ming Wang Shopping Center, recorded in Plat Book 57, Page 37, of the Public records of Orange County, Florida.
PARCEL 2 (Leasehold Interest)
Commence at the southeast corner of the East 1/2 of the Southeast 1/4 of the Northwest 1/ 4 of Section 16, Township 23 South, Range 29 East, Orange County, Florida and run North 00 degrees 23 minutes 30 seconds East, along the East line of the said East 1/2 of Southeast 1/4 of Northwest 1/4 a distance of 80.00 feet; thence run South 89 degrees 59 minutes 45 seconds West and parallel to the South line of said East 1/2 of Southeast 1/ 4 of Northwest 1/4 a distance of 368.60 feet to the Point of Beginning; thence continue South 89 degrees 59 minutes 45 seconds West 186.76 feet; thence run North 20 degrees 53 minutes 30 seconds East 69.01 feet; thence North 32 degrees 19 minutes 58 seconds West 93.20 feet; thence run North 07 degrees 49 minutes 19 seconds East 44.49 feet; thence run North 38 degrees 01 minutes 53 seconds East 102.42 feet; thence run North 06 degrees 14 minutes 27 seconds East 21.81 feet; thence run South 89 degrees 36 minutes 30 seconds East 142.45 feet; thence run South 00 degrees 23 minutes 30 seconds West 288.69 feet to the Point of Beginning to close.
PARCEL 3 (Appurtenant Easement)
Non-Exclusive Perpetual Easements as an appurtenance to and for the benefit of Parcel 1 as set forth in Section 4 of that certain Declaration of Easements, Covenants, Conditions and Restrictions by Ming Wang Corporation, a Florida corporation recorded in Official Records Book 5803, Page 2580, of the Public Records of Orange County, Florida.
EXHIBIT B
Description of Personal Property
Property Mortgaged. Borrower does hereby irrevocably deed, mortgage, grant, bargain, sell, assign, pledge, warrant, transfer and convey to Lender, and to its successors and assigns as Lender, as security for the Obligations, with power of sale, the following property, rights, interests and estates, now owned or hereafter acquired by Borrower (collectively, “Property”):
(a) Leasehold Estate. All of Borrower's right, title interest and estate, as ground lessee (together with all estates and development rights now existing or hereafter acquired for use in connection therewith) (the “Leasehold Estate”), under that certain Ground Lease by and between Borrower and Ming Wang Corporation, a Florida corporation (the “Ground Lessor”), dated as of July 10, 1998 (the “Ground Lease”), a memorandum of which has been recorded in the Official Records Book 5803, Page 2601, affecting the real property described in Exhibit A attached hereto and renewals of the Ground Lease and all credits, deposits, options, privileges and rights of Borrower as ground lessee under the Ground Lease, together with all estates and development rights now existing or hereafter acquired for use in connection therewith including, without limitation, the right, if any, to renew or extend the Ground Lease for a succeeding term or terms, and also including all right, title, claim or demand whatsoever of Borrower either in law or in equity, in possession or expectancy, of, in and to Borrower's right, as ground lessee under the Ground Lease, to elect under Section 365(h)(1) of the Bankruptcy Code, Title 11 U.S.C.A. §101 et seq. (the “Bankruptcy Code”) to terminate or treat the Ground Lease as terminated in the event (i) of the bankruptcy, reorganization or insolvency of Ground Lessor and (ii) the rejection of the Ground Lease by Ground Lessor, as debtor-in-possession, or by a trustee for Ground Lessor, pursuant to Section 365 of the Bankruptcy Code;
(b) Additional Land. All land that, from time to time, by supplemental deed or otherwise, may be expressly made subject to this Security Instrument, and all estates and development rights hereafter acquired by Borrower for use in connection with such land (also, the “Land”);
(c) Improvements. All buildings, structures, improvements and fixtures now or hereafter erected or located on the Land (“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 Property 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 Property and every part and parcel thereof, with all appurtenances thereto;
(e) Fixtures and Personal Property. All machinery, equipment, fixtures (including, without limitation, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), furnishing, building supplies and materials, and all other personal property of every kind and nature whatsoever owned by Borrower (or in which Borrower has or hereafter acquires an interest) and now or hereafter located upon, or appurtenant to, the Property or used or useable in the present or future operation and occupancy of the Property, along with all accessions, replacements, betterments, or substitutions of all or any portion thereof (collectively, “Personal Property”);
(f) Leases and Rents. All leases, subleases, licenses and other agreements granting others the right to use or occupy all or any part of the Property together with all restatements, renewals, extensions, amendments and supplements thereto (“Leases”), now existing or hereafter entered into, and whether entered before or after the filing by or against Borrower of any petition for relief under the Bankruptcy Code, and all of Borrower's right, title and interest in the Leases, including, without limitation (i) all guarantees, letters of credit and any other credit support given by any tenant or guarantor in connection therewith (“Lease Guaranties”), (ii) all cash, notes, or security deposited thereunder to secure the performance by the tenants of their obligations thereunder (“Tenant Security Deposits”), (iii) all claims and rights to the payment of damages and other claims arising from any rejection by a tenant of its Lease under the Bankruptcy Code (“Bankruptcy Claims”), (iv) all of the landlord's rights in casualty or condemnation proceeds of a tenant in respect of the leased premises (“Tenant Claims”), (v) all rents, ground rents, additional rents, revenues, termination and similar payments, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Property (collectively with the Lease Guaranties, Tenant Security Deposits, Bankruptcy Claims and Tenant Claims, “Rents”), whether paid or accruing before or after the filing by or against Borrower of any petition for relief under the Bankruptcy Code, (vi) all proceeds or streams of payment from the sale or other disposition of the Leases or disposition of any Rents, and (vii) the right to receive and apply the Rents to the payment of the Debt and to do all other things which Borrower or a lessor is or may become entitled to do under the Leases or with respect to the Rents;
(g) 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, without limitation, 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;
(h) Insurance Proceeds. All proceeds of, and any unearned premiums on, any insurance policies covering the Property, including, without limitation, the exclusive right to receive and apply the proceeds of any claim awards, judgments, or settlements made in lieu thereof, for damage to the Property;
(i) Tax Certiorari. All refunds, rebates or credits in connection with a reduction in Taxes, including, without limitation, rebates as a result of tax certiorari or any other applications or proceedings for reduction;
(j) Operating Agreements. All contracts (including, without limitation, service, supply, maintenance and construction contracts), registrations, franchise agreements, permits, licenses (including, without limitation, liquor licenses, if any, to the fullest extent assignable by Borrower), plans and specifications, and other agreements, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Property, or respecting any business or activity conducted by Borrower from the Property, and all right, title and interest of Borrower therein and thereunder, including, without limitation, the right, while an Event of Default remains uncured, to receive and collect any sums payable to Borrower thereunder (collectively, “Operating Agreements”);
(k) Rate Cap Agreements. All interest rate cap agreements, swaps or other interest hedging agreements now or hereafter executed with respect to the Loan or to guard against interest rate exposure in connection with the Loan, if any;
(l) Intangibles. All accounts, escrows, chattel paper, claims, deposits, trade names, trademarks, service marks, logos, copyrights, books and records, goodwill, 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 Borrower with respect to the Property (including, without limitation, the Borrower Operating Account and all reserves, escrows, deposit accounts and lockbox accounts established pursuant to the Loan Agreement), together with all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property from time to time held therein, and all proceeds, products, distributions, dividends or substitutions thereon or thereof;
(n) Rights to Conduct Legal Actions. The right, in the name and on behalf of Borrower, to commence any action or proceeding to protect the interest of Lender in the Property and to appear in and defend any action or proceeding brought with respect to the Property;
(o) Proceeds. All proceeds and profits arising from the conversion, voluntary or involuntary, of any of the foregoing into cash (whether made in one payment or a stream of payments) and any liquidation claims applicable thereto; and
(p) Rights. Any and all other rights of Borrower in and to the items set forth in the foregoing subsections (a) through (o), inclusive, and in and to the Property.
PURSUANT TO SECTION 45.031(2)(F), FLORIDA STATUTES, 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 SIXTY (60) DAYS AFTER THE SALE.
REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES
“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 ADA Coordinator, Human Resources, Orange County Courthouse, 425 North Orange Avenue, Suite 510, Orlando, FL, Telephone (407) 836 2303 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 11th day of October, 2018.
TIFFANY MOORE RUSSELL, CLERK OF COURTS, ORANGE COUNTY, FLORIDA
By: : /s/ Michelle G. Hendler, Esq.
Michelle G. Hendler
Florida Bar No. 41061
Email: [email protected]
SHUTTS & BOWEN LLP
Attorneys for Plaintiff
200 South Biscayne Boulevard
Suite 4100
Miami, Florida 33131
Telephone: (305) 358 6300
MIADOCS 17107344 1
November 1, 8, 2018 18-05467W