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NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 20-CA-003628
PRESTON HOLLOW CAPITAL, LLC, a Delaware limited liability company,
Plaintiff, vs.
CYPRESS POINT LIVING, LLC, a Delaware limited liability company, CYPRESS POINT AT DANIEL'S CROSSING PROPERTY OWNERS ASSOCIATION, INC., BRIGHT FUTURE ELECTRIC, LLC,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Final Judgment of Foreclosure entered in the above-styled action on October 26, 2020, the property described in the attached Exhibit “A” will be sold by Linda Doggett, Lee County Clerk of Court at a public sale, on December 2, 2020 beginning at 9:00 A.M., to the highest bidder, for cash conducted electronically via https://www.lee.realforeclose.com, after given notice as required by section 45.031 of Florida Statutes.
EXHIBIT A
The real property which is legally described as follows:
A tract or parcel of land being part of Tract 'D”, Stiles Hunt Subdivision as recorded in Plat Book 46, Pages 5 through 6, of the Public Records of Lee County, Florida.
Commencing at a concreate monument at the Southwest corner of Tract “D”; thence run N.89°00'12”E. along the South line of said Tract “D” for 29.00 feet to the Point of Beginning; thence run N.00°59'48”W. (29.00 feet East of and parallel to the West line of said Tract “D”) for 431.03 feet; thence run N.53°30'09”E. for 40.23 feet; thence run S.86°29'48”E. for 126.23 feet; thence run N.60°32'50”E. for 16.95 feet; thence run N.89°55'51”E. for 129.33 feet; thence run South for 38.15 feet to a point of curvature; thence run Southeasterly for 121.04 feet along the arc of a curve to the left having a radius of 77.00 feet, a central angle of 90°04'09”, a chord bearing of S.45°02'05”E. and a chord distance of 108.96 feet to a point of tangency; thence run N.89°55'51”E. for 105.61 feet to a point of curvature; thence run Southeasterly for 48.34 feet along the arc of a curve to the right having a radius of 30.00 feet, a central angle of 92° 19'43”, a chord bearing of S.43° 54'18”E. and a chord distance of 43.28 feet to a point of tangency; thence run S.02° 15'34”W. for 137.71 feet to a point of curvature; thence run Southwesterly for 41.55 feet along the arc of a curve to the right having a radius of75.00 feet, a center angle of 31° 44”38”, a chord bearing of S.18° 07'53”W. and a chord distance of 41.02 feet to a point of tangency; thence run S.34° 00' 12”W. for 22.22 feet to a point of curvature; thence run Southwesterly for 107.95 feet along the arc of a curve to the left having a radius of 124.00 feet, a central angle of 49° 52'49”, a chord bearing of S.09°03'49”W. and a chord distance of 104.57 feet to a point on a non tangent line; thence run S.01° 28'56”W. for 3.18 feet to a point on the South line of the aforesaid Tract “D”; thence run S.89° 00'12” W. along the South line of said Tract “D” for 460.52 feet to the Point of Beginning.
plus “Rents”, “Leases”, “Fixtures”, and “Improvements”,
plus, “Pledged Assets”
Definitions
The following words and terms used in this property description shall have the following meanings:
; 'Borrower” means Cypress Point Living, LLC, a Delaware limited liability company.
“Land” means the real property legally described above together with all rights, privileges, tenements, hereditaments, rights-of-way, and easements, appendages, projections, appurtenances, water right including riparian and littoral rights, streets, ways, alleys, and strips and gores of land belonging, adjoining, crossing or pertaining to the Land.
“Rents” means all of the rents, Gross Receipts royalties, issues, revenues, income, profits, security deposits and other benefits whether past due, or now or hereafter arising from the Mortgaged Property and the occupancy, use and enjoyment thereof.
“Leases” means any and all residency agreements, leases, subleases, licenses, concessions, or grants of other possessory interests, together with the security therefor, now or hereafter in force, oral or written, covering or affecting the Mortgaged Property or any part thereof.
“Fixtures” means all property and equipment now owned or hereafter acquired by Borrower and now or hereafter located under, on, or above the Land, whether or not permanently affixed, which, to the fullest extent permitted by applicable law in effect from time to time, shall be deemed fixtures and a part of the Land.
“Improvements” means all buildings, structures, appurtenances and improvements, including all additions thereto and replacements and extensions thereof, now constructed or hereafter to be constructed under, on or above the Land, which term includes any part thereof.
“Mortgaged Property” means the Borrower's interest in the Land, Rents, Leases, Fixtures, and Improvements.
“Pledged Assets” means (a) the Gross Receipts of the Borrower and all personal property, inventory, accounts (including accounts receivable and contract rights), documents, instruments, other moneys, chattel paper and genera] intangibles, now owned or hereafter acquired by the Borrower, and all proceeds thereof, all as may be defined in the UCC, and (b) the moneys on deposit in the funds and accounts created under the Indenture, (c) any letter of credit and (d) the Property of the Borrower.
“Gross Receipts” means all revenues, income, receipts, and money (other than proceeds of borrowings, but including all Medicaid, Medicare and other third-party payments) received in any period by or on behalf of the Borrower, including, but without limitation, (a) cash, funds, checks, notes, instruments and other moneys constituting revenues derived from any source whatsoever, (b) gifts grants, bequests, donations and contributions and the income therefrom, (c) proceeds derived from (i) insurance, (ii) accounts, (iii) securities and other investments, (iv) to the extent permitted by law, governmental or private medical or hospital or disability insurance including, without limitation, long-term care insurance, indemnity or reimbursement programs or agreements, (v) contract rights and other rights and assets now or hereafter owned, held or possessed by the Borrower, (vi) the sale of assets, and (vii) rentals received from the leasing of real or tangible personal property.
“Property” means any and all rights, titles and interests in and to any and all assets of the Borrower, whether real or personal, tangible or intangible and wherever situated.
Any person claiming interest in the surplus funds from the sale, if any, other than the property owner as of the date of the Lis Pendens must file a claim in accordance with Florida Statutes, Section 45.031
DATED: November 10, 2020
/s/ Edwin G. Rice
Edwin G. Rice, Esquire
Florida Bar No. 855944
Bradley Arant Boult Cummings LLP
100 N. Tampa Street, Suite 2200
Tampa, FL 33602
Phone: (813) 559-5500
Facsimile: (813) 229-5946
Primary email: [email protected]
Secondary email:
[email protected]
Counsel for Plaintiff
02537-13600 692808 v3
4817-9394- I 95 I . 1
November 13, 20, 2020 20-03954L