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NOTICE OF JUDICIAL SALE
BY THE CLERK
IN THE CIRCUIT COURT FOR
THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA
CASE NO.: 2017-CA-003145
U.S. BANK, A NATIONAL
ASSOCIATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA, NOT IN ITS
INDIVIDUAL CAPACITY BUT
SOLELY IN ITS CAPACITY AS TRUSTEE, SUCCESSOR-IN-
INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS
SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE AS TRUSTEE FOR THE REGISTERED
HOLDERS OF LB-UBS
COMMERCIAL MORTGAGE TRUST 2007-C6, COMMERCIAL
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-C6,
BY LNR PARTNERS, LLC, IN ITS CAPACITY AS SPECIAL SERVICER,
Plaintiff, vs.
NICKANNA CORP, a Florida
corporation, and CITY OF
LAKELAND, a Florida municipal corporation,
Defendants.
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA, CIVIL ACTION NO: 2017 CA 003145 XXXX, STYLED AS U.S. BANK, A NATIONAL ASSOCIATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF LB-UBS COMMERCIAL MORTGAGE TRUST 2007-C6, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C6's BY LNR PARTNERS, LLC, IN ITS CAPACITY AS SPECIAL SERVICER Plaintiff (“Noteholder”), vs. NICKANNA CORP., a Florida corporation, and CITY OF LAKELAND, a Florida municipal corporation, Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a FINAL SUMMARY JUDGMENT OF FORECLOSURE dated September 10, 2019, and pursuant to the certain ASSIGNMENT OF FINAL JUDGMENT OF FORECLOSURE AND RIGHT TO BID, dated November 5, 2019 to LB-UBS 2007-C6 EAST MEMORIAL BOULEVARD, LLC, a Delaware limited liability company, entered in the above styled cause now pending in said court that the clerk, Stacy M. Butterfield will sell to the highest and best bidder for cash, at the online foreclosure sale at www.polk.realforeclose.com, the following described real and other property in Polk County, Florida, in accordance with section 45.031, Florida Statutes beginning at 10:00 a.m. on the 3rd day of January, 2020.
DESCRIPTION of real and other property
The Land referred to herein below is situated in the County of Polk, State of Florida, and is described as follows:
(Real Property) PARCEL A:
BEGIN AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 28 SOUTH, RANGE 24 EAST, POLK COUNTY, FLORIDA, RUN THENCE SOUTH 89°46'26” WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 A DISTANCE OF 430.00 FEET; RUN THENCE SOUTH 00°22'11” EAST AND PARALLEL WITH THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 A DISTANCE OF 70.55 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD NO. 600 (EAST MEMORIAL BOULEVARD) AS LOCATED THIS DATE 12-7-87, SAID POINT BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUE THENCE SOUTH 00°22'11” EAST AND PARALLEL WITH THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 A DISTANCE OF 1224.56 FEET TO THE INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF PARKER STREET; RUN THENCE SOUTH 89°49'41”WEST ALONG THE NORTH RIGHT OF WAY LINE OF PARKER STREET A DISTANCE OF 400.12 FEET TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 12 OF BON AIR BEACH SUBDIVISION AS RECORDED IN PLAT BOOK 7, PAGE 6 OF THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA; RUN THENCE SOUTH 00°24'56” EAST ALONG SAID EAST LINE OF BLOCK 12, THE SAME BEING THE NORTH-SOUTH RIGHT OF WAY JOG IN THE NORTH RIGHT OF WAY LINE OF PARKER STREET A DISTANCE OF 14.05 FEET; RUN THENCE SOUTH 89°47'34” WEST ALONG THE NORTH RIGHT OF WAY LINE OF PARKER STREET A DISTANCE OF 130.00 FEET; RUN THENCE NORTH 45°18'04” WEST ALONG THE NORTH RIGHT OF WAY LINE OF PARKER STREET A DISTANCE OF 7.09 FEET TO THE INTERSECTION WITH THE WEST LINE OF SAID BLOCK 12, THE SAME BEING THE EAST RIGHT OF WAY LINE OF LAKESHORE DRIVE; RUN THENCE NORTH 00°24'56” WEST ALONG THE WEST LINE OF SAID BLOCK 12 A DISTANCE OF 686.00 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 12; RUN THENCE NORTH 89°47'34” EAST ALONG THE NORTH LINE OF SAID BLOCK 12, THE SAME BEING THE SOUTH RIGHT OF WAY LINE OF PLUM STREET, A DISTANCE OF 135.00 FEET; RUN THENCE NORTH 00°24'56” WEST ALONG THE EAST RIGHT OF WAY LINE OF PLUM STREET A DISTANCE OF 40.00 FEET TO THE SOUTHEAST CORNER OF BLOCK 11 OF SAID BON AIR BEACH SUBDIVISION; RUN THENCE SOUTH 89°47'34” WEST ALONG THE SOUTH LINE OF SAID BLOCK 11, THE SAME BEING THE NORTH RIGHT OF WAY LINE OF PLUM STREET A DISTANCE OF 135.00 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 11; RUN THENCE NORTH 00°24'56” WEST ALONG THE WEST LINE OF SAID BLOCK 11, THE SAME BEING THE EAST RIGHT OF WAY LINE OF LAKESHORE DRIVE, A DISTANCE OF 504.25 FEET TO THE SOUTH RIGHT OF WAY LINE OF STATE ROAD NO. 600 (EAST MEMORIAL
BOULEVARD); RUN THENCE NORTH 89°27' EAST ALONG THE SOUTH RIGHT OF WAY LINE OF STATE ROAD NO. 600 (EAST MEMORIAL BOULEVARD) A DISTANCE OF 536.10 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THAT CERTAIN VACATED PLUM STREET AS DESCRIBED IN ORDINANCE NO. 4761, RECORDED IN O.R. BOOK 6844, PAGE 709, AND QUIT CLAIM DEED, RECORDED IN O.R. BOOK 6844, PAGE 378 AND CORRECTIVE QUITCLAIM DEED, RECORDED IN O.R. BOOK 6878, PAGE 1749, PUBLIC RECORDS OF POLK COUNTY, FLORIDA.
LESS AND EXCEPT THAT PROPERTY DEEDED TO THE CITY OF LAKELAND BY SPECIAL WARRANTY DEED RECORDED IN O.R. BOOK 3723, PAGE 629, AND O.R. BOOK 3723, PAGE 642 DESCRIBED AS: THE NORTH 45.00 FEET OF THE EAST 45.00 FEET OF LOT 10, IN BLOCK 12 OF BON AIR BEACH SUBDIVISION RECORDED IN PLAT BOOK 7, PAGE 6, PUBLIC RECORDS OF POLK COUNTY, FLORIDA.
PARCEL B
COMMENCING AT THE NE CORNER OF THE NW 1/4 OF THE NE 1/4 OF SECTION 18, TOWNSHIP 28 SOUTH, RANGE 24 EAST, RUN THENCE SOUTH 0°00” WEST 1325.02 FEET TO THE SE CORNER OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION, TOWNSHIP AND RANGE, THENCE NORTH 89°51'05” WEST, 430.00 FEET, THENCE NORTH 0°00' EAST 30.00 FEET TO A PRM THENCE CONTINUE NORTH 0°00' EAST 1224.56 FEET TO AN IRON
ROD, THENCE CONTINUE NORTH 0°00' EAST 70.55 FEET TO A POINT ON THE NORTH BOUNDARY OF SAID SECTION 18, THENCE SOUTH 89°50'17” EAST ALONG SAID NORTH BOUNDARY 430.00 FEET TO A POINT OF BEGINNING.
LESS AND EXCEPT THE EXISTING RIGHTS OF WAY FOR MEMORIAL BOULEVARD, INGRAHAM AVENUE AND LESS AND EXCEPT THE SOUTH 30 FEET FOR PARKER STREET.
AND LESS AND EXCEPT THE SOUTH 30 FEET OF THE WEST 400 FEET OF THE EAST 430 FEET OF THE NW ¼ OF NE 1/4 OF SECTION 18, TOWNSHIP 28 SOUTH, RANGE 24 EAST AND LESS AND EXCEPT A STRIP OF LAND ABUTTING THE WEST SIDE OF INGRAHAM AVENUE BETWEEN PARKER STREET AND LAKELAND MEMORIAL BOULEVARD IN LAKELAND, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
FROM A POINT OF BEGINNING AT THE NE CORNER OF THE PARENT TRACT RUN SOUTH 1227.40 FEET, MORE OR LESS, ALONG THE EAST LINE OF THE PARENT TRACT TO THE SE CORNER THEREOF; THENCE RUN WEST 4.29 FEET ALONG THE SOUTH LINE OF THE PARENT TRACT TO A POINT OF INTERSECTION WITH A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 20032.94 FEET AND DEGREE OF CURVATURE OF 0°17'11”;
THENCE FOLLOW SAID CURVE NORTHERLY AN ARC DISTANCE OF 209.76 FEET TO ITS PT. AT A POINT LYING 5.5 FEET WEST OF AFORESAID EAST LINE OF PARENT TRACT; THENCE CONTINUE NORTH 300.01 FEET ON A LINE PARALLEL TO SAID EAST LINE, TO THE P.C. OF A CURVE TO THE RIGHT, BEING CONCAVE TO THE WEST, HAVING A RADIUS OF 16035.22 FEET AND DEGREE OF CURVATURE OF 0°21'29”; THENCE FOLLOW SAID CURVE NORTHERLY AN ARC DISTANCE OF 200.0 FEET, SUBTENDED BY CENTRAL ANGLE OF 0°42'48”; TO ITS P.T. AT A POINT LYING 4.25 FEET WEST OF AFORESAID EAST LINE; THENCE RUN NORTHERLY 200.0 FEET ON A TANGENT LINE TO A POINT LYING 1.75 FEET WEST OF SAID EAST LINE; SAID POINT BEING THE P.C. OF A CURVE TO THE LEFT, BEING CONCAVE TO THE EAST, HAVING A RADIUS OF 15968.22 FEET AND DEGREE OF CURVATURE OF 0°21'29”; THENCE FOLLOW SAID CURVE NORTHERLY AN ARC DISTANCE OF 200.0 FEET, SUBTENDED BY A CENTRAL ANGLE OF 0°42'58”, TO ITS P.T. AT A POINT LYING 0.5 FEET WEST OF AFORESAID EAST LINE; THENCE NORTH 117.63 FEET, MORE OR LESS, ON A LINE PARALLEL TO SAID EAST LINE, TO AN
INTERSECTION WITH THE NORTH LINE OF SAID PARENT TRACT; THENCE RUN EAST 0.5 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING; AND THAT PORTION OF SAID PARENT TRACT WHICH LIES BETWEEN THE STRIP OF LAND LAST DESCRIBED AND A PROPOSED RIGHT-OF-WAY LINE WHICH LIES CONCENTRIC TO AND 5.5 FEET NORTHWESTERLY FROM A 3-CENTERED COMPOUND CURVE CONCAVE TO THE NORTHEAST HAVING A RADII OF 150 FEET, 60 FEET AND 150 FEET, WITH A DELTA ANGLE OF 90° AND OFFSET OF THREE (3) FEET, THE P.C. OF SAID CURVE BEING LOCATED 86.18 FEET SOUTH OF THE EXISTING SOUTH EDGE OF CONCRETE PAVEMENT OF AFORESAID S.R. 600-A, MEASURES ALONG A PROLONGATION OF THE PROPOSED WEST FACE OF CURB OF INGRAHAM AVENUE, SAID PROLONGATION BEING PARALLEL TO THE EAST BOUNDARY OF AFORESAID 1/4 1/4 AT A DISTANCE OF 20 FEET WESTERLY THEREFROM, AS DESCRIBED IN O.R. BOOK 816, PAGE 162 AND O.R. BOOK 1141, PAGE 877, PUBLIC RECORDS OF POLK COUNTY, FLORIDA.
SCHEDULE A TO UCC-l FINANCING STATEMENT (other property)
All of Debtor's right, title and interest in and to the following:
1. All that certain lot(s), piece(s) or parcel(s) of land (the “Real Estate”) as more particularly described on Exhibit “A” annexed hereto and made a part hereof, together with all of the easements, rights, privileges, franchises, tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in any way appertaining and all of the estate, right, title, interest, claim and demand whatsoever of Debtor therein or thereto, either at law or in equity, in possession or in expectancy, now or hereafter acquired; and
2. All of the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter located or placed on the Real Estate (the “Improvement”); and
3. All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, all rights to oil, gas, minerals, coal and other substances of any kind or character, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Real Estate and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road, highway, alley or avenue, opened, vacated or proposed, in front of or adjoining the Real Estate, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, courtesy and rights of courtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Debtor of, in and to the Real Estate and the Improvements and every part and parcel thereof, with the appurtenances thereto; and
4. All machinery, furniture, furnishings, equipment, computer software and hardware, fixtures (including, without limitation, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature, whether tangible or intangible, whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter located upon the Real Estate and/or the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Real Estate and/or 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 Real Estate and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation, enjoyment and occupancy of the Real Estate and the Improvements (hereinafter collectively referred to as the “Equipment”), including any leases of any of the foregoing, any deposits existing at any time in connection with any of the foregoing, and the proceeds of any sale or transfer of the foregoing, and the right, title and interest of Debtor in and to any of the Equipment that 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 collateral described herein is located (the “Uniform Commercial Code”); and
6. All leases and other agreements or arrangements heretofore or hereafter entered into affecting the use, enjoyment or occupancy of, or the conduct of any activity upon or in, the Real Estate and the Improvements, including any extensions, renewals, modifications or amendments thereof (hereinafter collectively referred to as the “Leases”) and all rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), income, fees, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits), accounts, cash, issues, profits, charges for services rendered, and other payment and consideration of whatever form or nature received by or paid to or for the account of or benefit of Debtor or its agents or employees from any and all sources arising from or attributable to the Real Estate and the Improvements (hereinafter collectively referred to as the “Rents”), 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
7. All proceeds of and any unearned premiums on any insurance policies covering the collateral described herein, 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 collateral described herein; and
8. The right, in the name and on behalf of Debtor, to appear in and defend any action or proceeding brought with respect to the collateral described herein and to commence any action or proceeding to protect the interest of Beneficiary in the collateral described herein; and
9. All accounts, escrows, documents, instruments, chattel paper, claims, deposits and general intangibles, as the foregoing terms are defined in the Uniform Commercial Code, and all franchises, trade names, trademarks, symbols, service marks, books, records, plans, specifications, designs, drawings, permits, consents, licenses, management agreements, contract rights (including, without limitation, any contract with any architect or engineer or with any other provider of goods or services for or in connection with any construction, repair, or other work upon the collateral described herein), approvals, actions, refunds of real estate taxes and assessments (and any other governmental impositions related to the collateral described herein), and causes of action that now or hereafter relate to, are derived from or are used in connection with the collateral described herein, or the use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon (hereinafter collectively referred to as the “Intangibles”); and
10. All proceeds, products, offspring, rents and profits from any of the foregoing, including, without limitation, those from sale, exchange, transfer, collection, loss, damage, disposition, substitution or replacement of any of the foregoing; and
11. Any and all other rights of Debtor in and to the items set forth in Sections I through 10 above.
All capitalized terms not otherwise defined herein shall have the respective
meanings ascribed to such terms in that certain Mortgage, Assignment of Leases and Rents and Security Agreement dated as of June ___ 2007, from NICKANNA CORP., as Mortgagor for the benefit of UBS REAL ESTATE INVESTMENTS INC., as Mortgagee and recorded in the County recorder's office of Polk County, 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.
This notice is provided pursuant to Administrative Order No.1-21.5. Pursuant to Florida Statute 45.031(2), this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least 5 days prior to 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 OFFICE OF THE COURT ADMINISTRATOR, 255 N. BROADWAY AVENUE, BARTOW, FLORIDA 33830, (863) 534-4686, 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.
I HEREBY CERTIFY a true and correct copy of the foregoing has been furnished to all parties on the attached service list by e-Service or by First Class U.S. Mail on this 4th day of December 2019.
By Attorney:
Michael P. Woodbury, Esq.
[email protected]
Counsel for Noteholder
Woodbury, Santiago & Correoso, P.A.
9100 South Dadeland Boulevard,
Suite 1702
Miami, Florida 33156
Tyler A. Haden, Esq.
[email protected]
Michael J. Labbee, Esq.
[email protected]
Counsel for Nickanna, Corp.,
December 6, 13, 2019 19-02186K