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NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 2018 CA 003154
Branch Banking and Trust Company, a North Carolina banking corporation
Plaintiff, v.
ESTERO MEMORY CARE, LLC, et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Summary Final Judgment of Foreclosure as to Counts I & II dated May 14, 2019, entered in Civil Case No. 2018 CA 003154 of the Circuit Court of the 20th Judicial Circuit in and for Lee County, Florida, the Clerk of Court, Linda Doggett, will sell to the highest and best bidder for cash on the clerk's online website: www.lee.realforeclose.com, at 9:00 a.m. on the 7th day of October, 2019, the following described property as set forth in said Summary Final Judgment of Foreclosure as to Counts I & II, to-wit:
See Exhibit “A” and Exhibit “B” attached
EXHIBIT “A”
“The Property”
THAT PART OF OUT-PARCEL C-D AND OUT-PARCEL E, BLOCK A, COCONUT TRACE, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN OFFICIAL RECORDS INSTRUMENT NUMBER 2006000423660, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF OUT-PARCEL C-D, BLOCK A; THENCE RUN SOUTH 06 DEGREES 40 MINUTES 07 SECONDS EAST ALONG THE EAST LINE OF SAID OUT-PARCEL C-D, 282.17 FEET; THENCE RUN SOUTH 83 DEGREES 19 MINUTES 48 SECONDS WEST, 445.06 FEET; THENCE RUN NORTH 74 DEGREES 23 MINUTES 16 SECONDS WEST, 59.79 FEET TO THE WEST LINE OF SAID OUT PARCEL E; THENCE RUN NORTH 06 DEGREES 40 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE, 302.65 FEET TO THE NORTHWEST CORNER OF OUT-PARCEL E; THENCE RUN NORTH 88 DEGREES 15 MINUTES 31 SECONDS EAST ALONG THE NORTH LINE OF OUT-PARCEL E AND OUT-PARCEL C-D, 502.25 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 3.475 ACRES MORE OR LESS.
NOW KNOWN AS TRACT “C”, AUTUMN LEAVES OF ESTERO, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN OFFICIAL RECORDS INSTRUMENT NUMBER 2015000191569, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
(Hereafter referred to as the “Land.”)
TOGETHER WITH all personal property, both tangible and intangible, now or hereafter associated with the Land or the improvements (hereinafter defined) or upon the Land including but not limited to, the following:1
1 The personal property described in paragraphs (a) through (p) comes from the description contained in the UCC-1 Financing Statement recorded as Instrument No. 2014000248898, Official Records of Lee County, Florida. Said description includes the personal property described in the Mortgage, Security Agreement, Assignment of Rents and Fixture Filing recorded as Instrument No. 2014000248897, except the capitalized terms are slightly different.
(a) All buildings, fixtures and other improvements now existing or hereafter erected or installed upon, above or below the surface of the real property described as: See Land (collectively, the “Improvements”).
(b) All right, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the Land or under or above the same or any part or parcel thereof.
(c) All easements, gores of land, riparian and littoral rights, and appurtenances thereunto belonging or in any way appertaining, whether now owned or hereafter acquired by Debtor, and including all rights of ingress and egress to and from adjoining lands (whether such rights now exist or subsequently arise) together with the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, claim and demand whatsoever of Debtor of, in and to the same and of, in and to every part and parcel thereof.
(d) All of Debtor's interest in machinery, apparatus, equipment, fittings, and fixtures, whether actually or constructively attached to the Property (as hereinafter defined), and including all trade, domestic and ornamental fixtures, now or hereafter located in, upon or under the Property or any part thereof and used or usable in connection with any present or future operation of the Property and now owned or hereafter acquired by Debtor, including, but without limiting the generality of the foregoing, all heating, air-conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces, oil burners or units thereof; appliances; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishing; together with all building materials and equipment now or hereafter delivered to the Land and intended to be installed therein, including but not 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; together with all proceeds, additions and accessions thereto and replacements thereof (Debtor hereby agreeing with respect to all additions and replacements to execute and deliver from time to time such further instruments as may be requested by Secured Party to confirm the conveyance, transfer and assignment of any of the foregoing).
(e) All goods (except consumer goods, all of which consumer goods are hereby specifically excluded from the term “goods” as used in that certain Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing executed by Debtor for the benefit of Secured Party (the “Mortgage”)), and all parts, accessories, attachments, additions and replacements thereto, including but not limited to all furniture, furnishing;, fixtures, leasehold improvements, inventory (including without limitation goods held for sale or lease or to be furnished under contracts of service, raw materials, work in process, and materials to be used or consumed in Debtor's business and all products thereof) and equipment, now owned or hereafter acquired by Debtor or used in Debtor's business, wheresoever such goods shall be located.
(f) All of the water, sanitary and storm sewer systems now or hereafter owned by Debtor which are now or hereafter located by, over, and upon the Land hereinbefore described, or any part and 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.
(g) All right, title and interest of Debtor in and to the land lying in the bed of any street, road, or avenue, opened or proposed, in front of or adjoining the Land and in and to the appurtenances thereto.
(h) All paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Land or serve the Land or any part or parcel thereof.
(i) The common elements appurtenant to any parcel, unit or lot which is all or part of the Land.
(j) Debtor's interest, as lessor, in and to all leases by and between Debtor and the tenants of all or any portion of the Premises (as hereinafter defined) (the “Tenants”), now existing and hereafter entered into by Debtor during the term of the Mortgage or any extension or renewal thereof (the “Tenant Leases”), together with all guarantees of the Tenants' obligations thereunder, if any, all security deposits made by the Tenants to secure the performance of their obligations thereunder, if any, and all rents paid in advance of their due dates thereunder, if any, provided and hereby intending that in case of foreclosure sale, Debtor's interest in any Tenant Leases then in force shall pass to the purchaser at such sale as a part of the Property.
(k) All judgments, awards of damages and payments, including interest thereon, and the right to receive the same, which may be made with respect to the Property as a result of the exercise of the right of eminent domain, the alteration of the grade of any street, or any other injury to, taking of, or decrease in the value of, the Property, to the extent of all amounts which may be secured by this Mortgage at the date of receipt of any such award or payment by Secured Party and of the reasonable attorneys' fees, costs and disbursements incurred by Secured Party in connection with the collection of such judgment, award or payment, and Debtor agrees to execute and deliver, from time to time, such further instruments as may be requested by Secured Party to confirm such assignment to Secured Party of any such judgment, award or payment.
(l) All of the right, title and interest of Debtor in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms, of the Mortgage, and all proceeds or sums payable for the loss of or damage to any property encumbered hereby, subject to the limitations set forth in Paragraph 1.7.2 of the Mortgage, or rents, revenues, income, profits or proceeds from Tenant Leases, franchises, concessions or licenses of or on any part of the Property.
(m) All of the right, title and interest of Debtor in and to any trade names, names of businesses or fictitious names, licenses, including but not limited to occupational and liquor licenses, permits, site plans, development agreements, and governmental approvals, if any, now or hereafter used in conjunction with the development of the Land or operation of any business or endeavor located on the Land.
(n) All of Debtor's interest in all utility security deposits or bonds deposited in connection with the Property, or interest therein; whether now existing or arising hereafter.
(o) All of Debtor's interest in and to any and all contracts or agreements for the sale of all or any portion of the Property, or any interest therein, whether now existing or arising hereafter.
(p) All of Debtor's interest in and to any contracts for services or supplies which are supplied to the Property, including, but not limited to, any written or oral management contracts and any and all operating licenses or permits issued in connection or otherwise related to the maintenance or operation of the Property.
The Land and the Improvements are collectively referred to herein as the “Premises.” The Premises, together with all of the foregoing items of real and personal property, are collectively referred to herein as the “Property”; provided, however, that the term “Property” shall exclude the personal property of the Tenants.
All capitalized terms not otherwise defined herein shall have the meaning set forth in the Mortgage.
EXHIBIT “B”
Additional Collateral
All of the Debtor's right, title and interest in and to all of the Debtor's (a) Inventory, goods held for sale or lease or to be furnished under contracts for service, or goods so leased or furnished, component parts and other materials used or consumed in Debtor's business, whether in the possession of Debtor, any warehousemen, any bailee or any other person, or in process of delivery, and whether located at Debtor's places of business or elsewhere; (b) all Records, warehouse receipts, bills of sale and other documents of every kind (whether or not negotiable) in which Debtor now has or at any time hereafter acquired any interest, and all additions and accessions thereto, whether in the possession or custody of Debtor, any bailee or any other person for any purpose; (c) right, title and interest under licenses, guaranties, warranties, management agreements, marketing or sales agreements, escrow contracts, indemnity agreements, insurance policies, service agreements, maintenance agreements and other similar contracts of every kind in which Debtor now has or at any time hereafter shall have an interest; (d) all Equipment of every kind now existing or at any time hereafter arising in which Debtor now has or at any time hereafter shall have an interest; (e) fixtures, furniture, appliances, furnishings, materials, supplies, goods, machinery, permits of any kind, general intangibles, money, accounts, investment property, chattel paper, accounts receivable, purchase orders received, contract rights, and rights to payment of any kind (including, without limitation, such rights of payment arising out of a sale, lease or other disposition of goods by the Debtor, out of a rendering of services by the Debtor, out of a loan by the Debtor, whether such right to payment is or is not already earned by performance, and howsoever such right to payment may be evidenced, together with all of the rights and interest (including all liens and security interests) which the Debtor may at any time have by law or agreement against any account debtor or other obligor obligated to make any such payment or against any of the property of such account debtor or other obligor contract rights, inventory and all other personal property of any kind whatsoever, whether now owned or acquired later, together with whatever is receivable or received when any of the foregoing or the proceeds thereof are sold, leased, collected, exchanged or otherwise disposed of, whether such disposition is voluntary or involuntary, including without limitation, all rights to payment, including returned premiums, with respect to any insurance relating to any of the foregoing, and all rights to payment with respect to any cause of action affecting or relating to any of the foregoing (collectively, the “Proceeds”); provided, however, the term “Collateral” shall not mean or include any of the personal property of the Debtor's residents.
All of the Debtor's right, title and interest in and to all of the Debtor's (a) raw materials, work in process, finished goods and all other inventory of whatsoever kind or nature, goods held for sale or lease or to be furnished under contracts for service, or goods so leased or furnished, component parts and other materials used or consumed in Debtor's business, whether in the possession of Debtor, any warehousemen, any bailee or any other person, or in process of delivery, and whether located at Debtor's places of business or elsewhere; (b) all present and future books of account of every kind or nature, purchase and sale agreements, invoices, ledger cards, bills of lading and other shipping evidence, statements, correspondence, memoranda, credit files and other data relating to the Collateral or any account debtor, together with the tapes, disks, diskettes and other data and software storage media and devices, file cabinets or containers in or on which the foregoing are stored (including any rights of Debtor with respect to the foregoing maintained with or by any other person), warehouse receipts, bills of sale and other documents of every kind (whether or not negotiable) in which Debtor now has or at any time hereafter acquired any interest, and all additions and accessions thereto, whether in the possession or custody of Debtor, any bailee or any other person for any purpose; (c) right, title and interest under licenses, guaranties, warranties, management agreements, marketing or sales agreements, escrow contracts, indemnity agreements, insurance policies, service agreements, maintenance agreements and other similar contracts of every kind in which Debtor now has or at any time hereafter shall have an interest; (d) all equipment and/or goods other than Inventory, Farm Products (as defined in the Uniform Commercial Code, including each such provision as it may subsequently be renumbered, as enacted in the State of Texas or other applicable jurisdiction, as amended at the time in question (“UCC”) or Consumer Goods (as defined in the UCC) of whatsoever kind or nature wherever located, of every kind now existing or at any time hereafter arising in which Debtor now has or at any time hereafter shall have an interest; (e) fixtures, furniture, appliances, furnishings, materials, supplies, goods, machinery, permits of any kind, general intangibles, money, accounts, investment property, chattel paper, accounts receivable, purchase orders received, contract rights, and rights to payment of any kind (including, without limitation, such rights of payment arising out of a sale, lease or other disposition of goods by the Debtor, out of a rendering of services by the Debtor, out of a loan by the Debtor, whether such right to payment is or is not already earned by performance, and howsoever such right to payment may be evidenced, together with all of the rights and interest (including all liens and security interests) which the Debtor may at any time have by law or agreement against any account debtor or other obligor obligated to make any such payment or against any of the property of such account debtor or other obligor contract, rights, inventory and all other personal property of any kind whatsoever, whether now owned or acquired later, together with whatever is receivable or received when any of the foregoing or the proceeds thereof are sold, leased, collected, exchanged or otherwise disposed of, whether such disposition is voluntary or involuntary, including without limitation, all rights to payment, including returned premiums, with respect to any insurance relating to any of the foregoing, and all rights to payment with respect to any cause of action affecting or relating to any of the foregoing.
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 9 day of Sept, 2019.
LINDA DOGGETT
CLERK OF THE CIRCUIT COURT
(SEAL) By: M. Eding
Deputy Clerk
Richard B. Storfer, Esquire
Rice Pugatch Robinson Storfer
& Cohen, PLLC
101 NE Third Avenue, Suite 1800
Ft. Lauderdale, Florida 33301
Tel: (954) 462-8000
Fax: (954) 462-4300
J:WPDocs6275.004 LBC1 Trust v Estero Memory CareNotice of foreclosure .docx
September 13, 20, 2019 19-03182L