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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 11-2018-CA-003571
ACRES CAPITAL, LLC, a New York limited liability company, as Administrative Agent,
Plaintiff, v.
THE BAY CLUB OF NAPLES, LLC, a Florida limited liability company; THE BAY CLUB OF NAPLES II, LLC, a Florida limited liability
company; MYLES ALPERT,
individually; HARRY ZEA, as Trustee of the Rohar Trust dated July 12, 2011; THE OLD COVE
CONDOMINIUM OF NAPLES, INC., a Florida not-for-profit
corporation; THE BAY CLUB AT OLD NAPLES CONDOMINIUM
ASSOCIATION, INC., a Florida
not-for-profit corporation,
PINNACLE PROJECT
MANAGEMENT, INC., a Florida corporation; THE ROCK CUSTOM HOMES, INC., a Florida
corporation; LOURO CAPITAL LENDING LLC, a New York limited liability company; JOHN FRANCO, individually; STEVEN LOURO,
individually; EVELYN L.
WALDRON, individually; FRANK MEAK, individually; and LINDA MEAK, individually;
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Stipulated Final Judgment of Mortgage Foreclosure, Damages on Note and Guaranty dated January 29, 2020, as amended by Final Judgment of Foreclosure on Counts I and II as to All Defendants and Amended Stipulated Final Judgment of Mortgage Foreclosure, Damages on Note and Guaranty dated April 7, 2020, as amended by Amended Final Judgment of Foreclosure on Counts I and II as to all Defendants and Amended Stipulated Final Judgment of Mortgage Foreclosure, Damages on Note and Guaranty dated May 31, 2020, and the Order Granting Plaintiff's Motion to Set Foreclosure Sale Date dated March 5, 2021, in the above-styled cause in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, the Clerk of the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, will sell at public sale to the highest and best bidder for cash, at the Collier County Courthouse Annex, 3315 Tamiami Trail East, 3rd Floor Lobby, Naples, Florida 34112 on April 22, 2021 at 11:00 a.m., the following described property situated in Collier County, Florida:
PARCEL 1:
Unit 6-C, of The Old Cove, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 461, Page(s) 832, of the Public Records of Collier County, Florida, and any amendments thereto, together with its undivided share in the common elements.
PARCEL 2:
Units 7C-1, 7C-2, 7C-3, 7C-4, 8C-1, 8C-2, 8C-3, 8C-4, 8C-5, 8C-A, and 8C-B of the Office at the Cove, being a subdivision of Units 7C and 8C, The Old Cove, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records book 461, Page(s) 832, as amended in Official Records Book 650, Page 409 (Unit re-structure) and amended and restated in Official Records Book 5030, Page 1875, and all subsequent amendments thereto recorded in the Public Records of Collier County, Florida, together with its undivided share in the common elements.
The above is a/k/a all of Declaration of Condominium for The Bay Club at Old Naples, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 5569, page 1406, of the public records of Collier County, Florida, and any amendments thereto.
Parcel 1 and Parcel 2 are collectively the “Land” or “Real Estate.”
TOGETHER WITH:
Improvements. All structures, buildings and improvements, including additions, enlargements, extensions, modifications, repairs, and replacements, of every kind and description now or any time hereafter located or placed on the Land (“Improvements”),
Fixtures. All fixtures now or hereafter attached to the Land or Improvements, including all plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposal and incinerating equipment, and all other engines, boilers, dynamos, elevators and tanks (“Fixtures”),
Other Property Rights. All other rights and interests on, under, above or related to the Land and/or Improvements and/or Fixtures, including all appurtenances, easements, rights-of-way or uses, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, and all water, ditch, well, reservoir and drainage rights, mineral rights, air rights and development rights, and all land lying in the bed of any street, road or avenue, in front of or adjoining the Land to the center thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto and all minerals, crops, timber, trees, shrubs, flowers, and landscaping features now or hereafter located on, under or above the Land (“Other Property Rights”),
Real Property Rights. Whether at law or in equity, in possession or in expectancy, all estates, rights, titles, interests, franchises, privileges, licenses, liberties, servitudes, tenements, hereditaments and appurtenances, reversions and remainders, rents, issues, profits and revenue in any way belonging, relating or appertaining to the Land and/or Improvements and/or Fixtures, and/or Other Property Rights or any part thereof (“Real Property Rights”),
Personal Property. All furniture, furnishings, goods, equipment, inventory or personal property now or at any time located on, attached to or used in and about the Improvements, or in connection with activity conducted at the Real Estate, including all machines, engines, boilers, dynamos, elevators, tanks, cabinets, awnings, screens, shades, blinds, carpets, draperies and all appliances, plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposal and incinerating equipment, and all building materials and equipment hereafter situated on or about the Real Estate or Improvements, and all warranties and guaranties relating thereto, and all additions thereto and substitutions and replacements therefore (“Personal Property”),
Permits and Approvals. All water taps, sewer taps, certificates of occupancy, permits, governmental approvals, licenses, authorizations, variances, franchises, certificates, consents, approvals and other permits, rights and privileges (“Permits”) now or hereafter obtained in connection with the Real Estate or the Improvements,
Leases and Rents. All leases (including, without limitation, oil, gas and mineral leases), licenses, concessions and occupancy agreements and all agreements of every kind relating to the use, enjoyment or occupancy of all or any part of the Real Estate, whether written or oral, now or hereafter entered into whether before or after the filing by or against Mortgagor of any petition for relief under the United States Bankruptcy Code, 11 USC Section 101 et seq. with any tenant, lessee, licensee or other party (each, a “Tenant” and collectively, “Tenants”), all as amended or modified from time to time (each, a “Lease” and collectively, “Leases”) and all rents, royalties, issues, deposits, profits, revenue, income and other benefits of the assets specified in this definition of “Property”, including all amounts payable and all rights and benefits accruing to Mortgagor under the Leases (collectively, “Rents”) and all guarantees of, letters of credit covering, and cash or securities deposited to secure, performance by the Tenants of their obligations under any such Leases, whether said letters of credit, cash or securities are to be held until the expiration of the term of said Leases or applied to one or more of the installments of Rent coming due prior to the expiration of said term (“Tenant Security”),
Reserves. All cash funds, deposit accounts and other rights and evidence of rights to cash, now or hereafter created or held by Mortgagee or any Lender pursuant to this Mortgage or any other of the Mortgage Documents (“Reserves”),
Property Agreements. All contracts and agreements entered into covering or related to the use, operation or management of any or all of the Real Estate and all revenue, income and other benefits thereof, including, all track agreements, easement agreements, access agreements, developer's or utility agreements, management agreements, service contracts, maintenance contracts, equipment leases, personal property leases, and contracts or documents relating to construction on any part of the Real Estate (including plans, drawings, surveys, tests, reports, bonds and Governmental Approvals) (“Property Agreements”),
Utility Deposits. All monetary deposits given to any public or private utility with respect to utility services furnished to all or any part of the Real Estate,
General Intangibles. All funds, accounts, instruments, accounts receivable, documents, causes of action, claims, general intangibles (including, without limitation, trademarks, trade names, service marks and symbols now or hereafter used in connection with any part of the Real Estate, all names by which the Real Estate may be operated or known, all rights to carry on business under such names, and all rights, interest and privileges which Mortgagor has or may have as developer or declarant under any covenants, restrictions or declarations now or hereafter arising from or by virtue of any transactions related to the Real Estate,
Building Materials and Plans. All building materials, supplies and equipment placed in or on the Real Estate and all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Real Estate,
Insurance. All right, title and interest of Mortgagor in any insurance policies or binders now or hereafter relating to the Property including any unearned premiums thereon and Mortgagor's interest in and to all proceeds of any such insurance policies (including title insurance policies) including the right to collect and receive such proceeds,
Condemnation. All right, title and interest of Mortgagor in and to any and all awards, damages, payment or other compensation, and any and all claims therefore and rights thereto, which may result from taking or injury by virtue of the exercise of the power of condemnation or eminent domain to the Land, Improvements, Fixtures, Personal Property or any other asset specified in this definition of Property,
Books and Records. All books and records relating to or used in connection with the operation of the Real Estate or any part thereof or any other asset specified in this definition of “Property” (“Books and Records”),
Bonds. All right, title and interest of Mortgagor under completion bonds, performance bonds, payment bonds and other similar bonds and surety agreements and arrangements and related to the Property or any party thereof,
Tax Certiorari. All refunds, rebates or credits in connection with reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction of taxes (“Tax Refund”),
Causes of Action. All causes of action and claims, including all causes of action or claims arising in tort, by contract, by fraud or by concealment of material fact, against any person or entity for damages or injury to the Property or in connection with any transactions financed in whole or in part with proceeds of the Notes,
Rights. The right, in the name and on behalf of Mortgagor, to appear in and defend any action or proceeding brought with respect to the Real Estate and to commence any action or proceeding to protect the interest of Mortgagee or any Lender in the Real Estate,
Additions and Proceeds. All additions, accessions, replacements, substitutions, proceeds and products of the real and personal property, tangible and intangible, described above, and
Other Rights. All other or greater rights and interests of every nature in the Real Estate and in the possession or use thereof and income there from,
together with all items purchased with the proceeds of the Amended and Restated Loan Documents but which are not currently located on the premises of the Mortgaged Property.
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 BEFORE THE CLERK REPORTS THE SURPLUS AS UNCLAIMED.
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.
WITNESSED my hand and official seal of said Court this 19 day of March, 2021.
Crystal K. Kinzel
Clerk of THE CIRCUIT Court
(SEAL) G Karlen
DEPUTY CLERK OF COURT
Gina Karlen
Submitted by:
Alice R. Huneycutt, Esquire
Florida Bar No. 293105
[email protected]
[email protected]
John N. Muratides, Esquire
Florida Bar No. 332615
[email protected]
[email protected]
STEARNS WEAVER MILLER WEISSLER ALHADEFF &
SITTERSON, P.A.
401 East Jackson Street, Suite 2100 (33602)
Post Office Box 3299
Tampa, Florida 33601
Telephone: (813) 223-4800
Facsimile: (813) 222-5089
Attorneys for Plaintiff ACRES Capital, LLC
April 2, 9, 2021 21-00671C