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NOTICE OF JUDICIAL SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT FOR
THE TWELFTH JUDICIAL
CIRCUIT IN AND FOR
SARASOTA COUNTY,
FLORIDA
CASE NO.: 2020-CA-003309
U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE IN TRUST FOR THE COMM
2013-CCRE9 MORTGAGE TRUST
COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, BY LNR PARTNERS, LLC, IN ITS CAPACITY AS SPECIAL SERVICER,
Plaintiff, vs.
SARASOTA SHOPPINGTOWN, LLC, a Delaware Limited Liability Company; LENNOX NATIONAL ACCOUNT SERVICES, LLC, a
Florida Limited Liability Company;
CONSERV BUILDING SERVICES, LLC, a Florida Limited Liability Company, and COMERICA BANK, a Foreign for profit corporation,
Defendants.
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA, CIVIL ACTION NO: 2020-CA-003309, STYLED AS U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE IN TRUST FOR THE HOLDERS OF COMM 2013-CCRE9 MORTGAGE TRUST COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, BY LNR PARTNERS, LLC, IN ITS CAPACITY AS SPECIAL SERVICER VS. SARASOTA SHOPPINGTOWN, LLC, a Delaware Limited Liability Company; and LENNOX NATIONAL ACCOUNT SERVICES, a Florida Limited Liability Company; and CONSERV BUILDING SERVICES, LLC, a Florida Limited Liability Company; COMERICA BANK, a Foreign for profit corporation, NOTICE IS HEREBY GIVEN that pursuant to a FINAL JUDGMENT OF FORECLOSURE (CONSENTED TO BY BORROWER) dated May 18, 2021, entered in the above styled cause now pending in said court, that Karen E. Rushing, Clerk of the Circuit Court Sarasota County, will sell to the highest and best bidder for cash the following described real and other property in Sarasota County, Florida, in accordance with section 45.031, Florida Statutes by public sale beginning at 9:00 a.m. on the 2nd day of July, 2021, at the online foreclosure sale at www.sarasota.realforeclose.com.
DESCRIPTION of real and other property attached hereto as Exhibit “A”
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SARASOTA, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS:
PARCEL 1:
A TRACT OF LAND LOCATED IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA, BEING THOSE PARCELS PREVIOUSLY RECORDED IN O.R. BOOK 1117, PAGE 976, (SAID PARCEL DESCRIPTION APPEARING ON PAGE(S) 1080 AND 1081 OF SAID DOCUMENT), O.R. BOOK 2172, PAGE 40, O.R. BOOK 1412, PAGE 297 AND O.R. BOOK 1288, PAGE 1465 COMBINED, LESS AND EXCEPT PARCELS A, B AND C PREVIOUSLY RECORDED IN O.R. BOOK 1118, PAGE(S) 881 AND 882, AND ADDITIONAL RIGHT-OF-WAY OF SARASOTA SQUARE BOULEVARD AS RECORDED IN O.R. BOOK 1989, PAGE 2280, ALL OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH ½ OF THE NORTHWEST ¼ OF SAID SECTION 27; THENCE NORTH 89 DEG.29'29” EAST, ALONG THE NORTHERLY LINE OF SAID SOUTH ½ OF THE NORTHWEST ¼ A DISTANCE OF 2678.70 FEET TO THE NORTHEAST CORNER OF SAID SOUTH ½ OF THE NORTHWEST ¼; THENCE SOUTH 00 DEG.11'21” EAST, ALONG THE EASTERLY LINE OF SAID NORTHWEST ¼ A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00 DEG.11'21” EAST ALONG SAID EASTERLY LINE A DISTANCE OF 1326.86 FEET TO THE CENTER OF SAID SECTION 27; THENCE SOUTH 89 DEG.41'13” WEST, ALONG THE SOUTHERLY LINE OF THE NORTHWEST ¼ OF SAID SECTION 27 A DISTANCE OF 847.74 FEET TO THE NORTHEAST CORNER OF THE PARCEL RECORDED IN O.R. BOOK 2172, PAGE 40, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, (THE FOLLOWING TWO CALLS ARE ALONG THE BOUNDARY OF SAID PARCEL); THENCE SOUTH 00 DEG.09'26” EAST, A DISTANCE OF 254.00 FEET; THENCE SOUTH 89 DEG.41'13” WEST A DISTANCE OF 483.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL AND A POINT ON THE BOUNDARY OF THE PARCEL RECORDED IN O.R. BOOK 1117, PAGE 976 (SAID PARCEL DESCRIPTION APPEARING ON PAGE(S) 1080 AND 1081 OF SAID DOCUMENT) OF AFOREMENTIONED PUBLIC RECORDS; THENCE SOUTH 00 DEG.09'26” EAST, ALONG SAID BOUNDARY A DISTANCE OF 464.42 FEET TO THE NORTHEAST CORNER OF THE PARCEL IN O.R. BOOK 1412, PAGE 297 OF SAID PUBLIC RECORDS (THE FOLLOWING FOUR CALLS ARE ALONG THE BOUNDARY OF SAID PARCEL); THENCE SOUTH 00 DEG.09'26” EAST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 89 DEG.29'29” WEST, A DISTANCE OF 258.39 FEET TO THE P.C. OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 26 DEG.56'23” AND A RADIUS OF 377.50 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 177.50 FEET; THENCE SOUTH 62 DEG.33'06” WEST, A DISTANCE OF 51.40 FEET TO THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 AT A POINT ON A CURVE TO THE LEFT THE CENTER OF WHICH LIES SOUTH 63 DEG.21'51” WEST, A RADIAL DISTANCE OF 2967.66 FEET; (THE FOLLOWING FOUR CALLS ARE ALONG SAID RIGHT-OF-WAY); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE PASSING THROUGH A CENTRAL ANGLE OF 12 DEG.10'07'' A DISTANCE OF 630.29 FEET; THENCE SOUTH 51 DEG.11'44” WEST ALONG A RADIAL LINE A DISTANCE OF 10.00 FEET TO A POINT ON A CURVE TO THE LEFT THE CENTER OF WHICH LIES SOUTH 51 DEG.11'44” WEST, A RADIAL DISTANCE OF 2957.66 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 05 DEG.54'42” A DISTANCE OF 305.17 FEET; THENCE NORTH 44 DEG.42'58” WEST, A DISTANCE OF 382.10 FEET TO EASTERLY RIGHT-OF-WAY OF BENEVA ROAD; THENCE NORTH 00 DEG.00'02” WEST ALONG SAID RIGHT-OF-WAY (BEING 60 FEET EAST OF AND PARALLEL WITH THE WESTERLY LINE OF THE NORTHWEST ¼ OF AFOREMENTIONED SECTION 27) A DISTANCE OF 344.55 FEET TO THE SOUTHERLY LINE OF THE PARCEL RECORDED IN O.R. BOOK 1155, PAGE 23; (THE FOLLOWING THREE COURSES ARE ALONG SAID PARCEL); THENCE NORTH 89 DEG.29'29” EAST A DISTANCE OF 188.72 FEET; THENCE NORTH 00 DEG.00'02” WEST A DISTANCE OF 208.71 FEET; THENCE SOUTH 89 DEG.29'29” WEST A DISTANCE OF 188.72 FEET TO THE AFOREMENTIONED RIGHT-OF-WAY OF BENEVA ROAD; THENCE NORTH 00 DEG.00'02” WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 90.00 FEET TO THE SOUTHERLY LINE OF THE PARCEL RECORDED IN O.R. BOOK 1100, PAGE 690 AND O.R. BOOK 1100, PAGE 691 (SAID PARCEL DESCRIPTION APPEARING ON PAGE 692 OF DOCUMENT RECORDED IN O.R. BOOK 1100, PAGE 691); (THE FOLLOWING THREE COURSES ARE ALONG SAID PARCEL); THENCE NORTH 89 DEG.29'29” EAST A DISTANCE OF 188.72 FEET; THENCE NORTH 00 DEG.00'02” WEST A DISTANCE OF 417.42 FEET; THENCE SOUTH 89 DEG.29'29” WEST A DISTANCE OF 188.72 FEET TO THE AFOREMENTIONED EASTERLY RIGHT-OF-WAY OF BENEVA ROAD; THENCE NORTH 00 DEG.00'02” WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 4.74 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF SARASOTA SQUARE BOULEVARD AS RECORDED IN O.R. BOOK 1989, PAGE 2280 AND THE P.C. OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 89 DEG.29'32” AND A RADIUS OF 25.00 FEET; (THE FOLLOWING 22 COURSES ARE ALONG SAID RIGHT-OF-WAY OF SARASOTA SQUARE BOULEVARD); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 39.00 FEET; THENCE NORTH 89 DEG.29'29” EAST A DISTANCE OF 55.57 FEET TO THE P.C. OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 07 DEG.22'28” AND A RADIUS OF 640.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 82.37 FEET; THENCE SOUTH 45 DEG.30'31” EAST A DISTANCE OF 31.02 FEET; THENCE NORTH 89 DEG.29'29” EAST A DISTANCE OF 63.00 FEET; THENCE NORTH 00 DEG.30'31” WEST A DISTANCE OF 21.62 FEET; THENCE NORTH 44 DEG.29'29” EAST A DISTANCE OF 34.37 FEET TO A POINT ON THE ARC OF A CURVE TO THE LEFT THE CENTER OF WHICH LIES NORTH 17 DEG.54'29” WEST, A RADIAL DISTANCE OF 640.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE PASSING THROUGH A CENTRAL ANGLE OF 01 DEG.37'07” A DISTANCE OF 18.08 FEET TO THE P.R.C. OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 19 DEG.01'05” AND A RADIUS OF 560.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 185.88 FEET; THENCE NORTH 89 DEG.29'29” EAST A DISTANCE OF 218.04 FEET; THENCE SOUTH 45 DEG.30'31” EAST A DISTANCE OF 28.47 FEET; THENCE NORTH 89 DEG.34'32” EAST A DISTANCE OF 66.63 FEET; THENCE NORTH 44 DEG.29'29” EAST A DISTANCE OF 28.61 FEET; THENCE NORTH 89 DEG.29'29” EAST A DISTANCE OF 777.69 FEET; THENCE SOUTH 45 DEG.30'31” EAST A DISTANCE OF 30.31 FEET; THENCE NORTH 89 DEG.34'32” EAST A DISTANCE OF 55.05 FEET; THENCE NORTH 44 DEG.29'29” EAST A DISTANCE OF 30.43 FEET; THENCE NORTH 89 DEG.29'29” EAST A DISTANCE OF 292.00 FEET; THENCE SOUTH 45 DEG.30”31” EAST A DISTANCE OF 31.11 FEET; THENCE NORTH 89 DEG.29'29” EAST A DISTANCE OF 50.00 FEET; THENCE NORTH 44 DEG.29'29” EAST A DISTANCE OF 31.11 FEET; THENCE NORTH 89 DEG.29'29” EAST A DISTANCE OF 561.25 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING THREE PARCELS WHICH LIE WITH THE
ENTIRE PREMISES:
BURDINES OUTPARCEL F/K/A MAAS BROTHERS OUTPARCEL F/K/A ALSTORES OUTPARCEL (OFFICIAL RECORDS BOOK 1117, PAGE 972):
COMMENCE AT THE CAPPED IRON PIPE AT THE SOUTHEAST CORNER OF THE SOUTH ½ OF THE NORTHWEST ¼ OF SECTION 27, TOWNSHIP 37 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA; THENCE SOUTH 89 DEG.41' 13” WEST ALONG THE SOUTH LINE OF SAID SOUTH ½ OF THE NORTHWEST ¼ A DISTANCE OF 1330.74 FEET TO A CONCRETE MONUMENT SET; THENCE NORTH 77.36 FEET; THENCE WEST 629.31 FEET; THENCE NORTH 84 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE NORTH 95.50 FEET; THENCE EAST 57 FEET; THENCE NORTH 536.50 FEET; THENCE NORTH 26 DEG.00'12” EAST 18.25 FEET; THENCE NORTH 188.10 FEET; THENCE WEST 389 FEET; THENCE SOUTH 25 DEG.46'10” WEST 32.20 FEET; THENCE WEST 108 FEET; THENCE SOUTH 483 FEET; THENCE SOUTH 13 DEG.05'31” WEST, 286.96 FEET; THENCE SOUTH 5 DEG.04'47” EAST 45.18 FEET; THENCE EAST 507 FEET TO THE POINT OF BEGINNING.
J.C. PENNEY OUTPARCEL
(OFFICIAL RECORDS BOOK 1117, PAGE 974)
COMMENCE AT THE CAPPED IRON PIPE AT THE SOUTHEAST CORNER OF THE SOUTH ½ OF THE NORTHWEST ¼ OF SECTION 27. TOWNSHIP 37 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA; THENCE SOUTH 89 DEG.41' 13” WEST ALONG THE SOUTH LINE OF SAID SOUTH ½ OF THE NORTHWEST ¼ A DISTANCE OF 1330.74 FEET TO A CONCRETE MONUMENT SET; THENCE NORTH 77.36 FEET; THENCE WEST 117.31 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE WEST 512 FEET; THENCE SOUTH 30 FEET; THENCE WEST 369 FEET; THENCE SOUTH 30 DEG.45'46” WEST, 48.88 FEET; THENCE SOUTH 44 DEG.54'10” EAST, 416.49 FEET; THENCE SOUTH 23 DEG.44'58” EAST, 163.88 FEET; THENCE SOUTH 50 DEG.18'52” EAST, 61.07 FEET; THENCE SOUTH 61 DEG.32'12” EAST, 310.54 FEET; THENCE EAST 127.00 FEET; THENCE SOUTH 93.71 FEET; THENCE NORTH 89 DEG.29'29” EAST, 218.28 FEET TO A CONCRETE MONUMENT SET; THENCE NORTH 0 DEG.09'26” WEST, 378.77 FEET; THENCE WEST 55 FEET; THENCE NORTH 82 FEET; THENCE NORTH 16 DEG.40'15” EAST, 38.62 FEET; THENCE NORTH 260.64 FEET; THENCE WEST 74.31 FEET; THENCE NORTH 37.36 FEET TO THE POINT OF BEGINNING.
SEARS OUTPARCEL
(OFFICIAL RECORDS BOOK 1310, PAGE 1652)
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH ½ OF THE NORTHWEST ¼ OF SECTION 27, TOWNSHIP 37, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA; THENCE NORTH 89 DEG.29'29” EAST ALONG THE NORTH LINE OF SAID SOUTH ½ OF NORTHWEST ¼ A DISTANCE OF 40.00 FEET TO A CONCRETE MONUMENT AT THE EASTERLY RIGHT-OF-WAY LINE OF BENEVA ROAD; THENCE CONTINUE NORTH 89 DEG.29'29” EAST ALONG SAID NORTH LINE A DISTANCE OF 391.02 FEET; THENCE SOUTH 00 DEG.00'02'' EAST A DISTANCE OF 39.65 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEG.34'31” EAST A DISTANCE OF 1553.50 FEET; THENCE SOUTH 00 DEG.00'02” EAST A DISTANCE OF 498.60 FEET; THENCE SOUTH 89 DEG.59'58” WEST (0.08 FEET NORTHERLY OF AND PARALLEL WITH THE NORTHERLY EDGE OF THE CONCRETE BLOCK WALL OF THE EXISTING SARASOTA SQUARE MALL) A DISTANCE OF 1164.45 FEET; THENCE NORTH 00 DEG.00'02” WEST A DISTANCE OF 255.43 FEET; THENCE SOUTH 89 DEG.59'58” WEST A DISTANCE OF 421.00 FEET; THENCE NORTH 00 DEG.00'02” WEST A DISTANCE OF 44.50 FEET; THENCE NORTH 23 DEG.40'12” EAST A DISTANCE OF 79.71 FEET; THENCE NORTH 00 DEG.00'02” WEST A DISTANCE OF 114.17 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING THREE EASEMENT PARCELS:
ALL RIGHT, TITLE AND INTEREST IN AND TO THAT CERTAIN EASEMENT SET FORTH IN THE OPERATING AGREEMENT RECORDED IN OR BOOK 1117, PAGE 976; AS AFFECTED BY AMENDMENT NO.1 TO OPERATING AGREEMENT RECORDED IN OR BOOK 1118, PAGE 1324, TERM AGREEMENT RECORDED IN OR BOOK 1238, PAGE 1749, AMENDMENT NO. 2 TO OPERATING AGREEMENT RECORDED IN OR BOOK 1310, PAGE 1654, ASSUMPTION AND RATIFICATION AGREEMENT RECORDED IN OR BOOK 1310, PAGE 1687, AMENDMENT NO. 3 TO OPERATING AGREEMENT RECORDED IN OR BOOK 2124, PAGE 1527, ASSIGNMENTS OF OPERATING AGREEMENT RECORDED IN OR BOOK 2353, PAGE 1221 AND OR BOOK 2468, PAGE 2011, ASSIGNMENT AND ASSUMPTION OF OPERATING AGREEMENTS RECORDED IN OR BOOK 2792, PAGE 1836, ASSIGNMENT AND ASSUMPTION OF REA RECORDED IN OFFICIAL RECORDS INSTRUMENT NO. 2000154032, ASSIGNMENT AND ASSUMPTION OF RECIPROCAL EASEMENT AGREEMENT RECORDED IN OFFICIAL RECORDS INSTRUMENT NO. 2003199840, AMENDMENT NO. 4 TO OPERATING AGREEMENT RECORDED IN OFFICIAL RECORDS INSTRUMENT NO. 2012163456 AND AGREEMENT REGARDING GRANT OF EASEMENTS FOR PARKING AND ACCESS RECORDED IN OFFICIAL RECORDS INSTRUMENT NO. 2012163457 ALL OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
AND
ALL RIGHT, TITLE AND INTEREST IN AND TO THAT CERTAIN EASEMENT OVER THE SOUTHERLY AND EASTERLY PORTION OF THE J.C. PENNEY PARCEL, THE WESTERLY PORTION OF THE BURDINES PARCEL (F/K/A MAAS BROTHERS F/K/A ALSTORES) AND OVER THE EASTERLY AND NORTHERLY PORTION OF THE DILLARDS PARCEL (F/K/A PARISIAN PARCEL) FOR RING ROAD PURPOSES AS CREATED AND DESCRIBED BY THE EASEMENT AGREEMENT (RING ROAD) RECORDED IN OR BOOK 1117; PAGE 1104; AS AFFECTED BY AMENDMENT TO EASEMENT AGREEMENT RECORDED IN OR BOOK 1310, PAGE 1671, ASSUMPTION AND RATIFICATION AGREEMENT RECORDED IN OR BOOK 1310, PAGE 1687, AMENDMENT NO. 2 TO EASEMENT AGREEMENT RECORDED IN OR BOOK 2124, PAGE 1509, ASSIGNMENT AND ASSUMPTION OF OPERATING AGREEMENTS RECORDED IN OR BOOK 2792, PAGE 1836, ASSIGNMENT AND ASSUMPTION OF REA RECORDED IN OFFICIAL RECORDS INSTRUMENT NO. 2000154032, AND AMENDMENT NO. 3 TO EASEMENT AGREEMENT RECORDED IN OFFICIAL RECORDS INSTRUMENT NO. 2012163455 ALL OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
AND
ALL RIGHT, TITLE AND INTEREST IN AND TO THAT CERTAIN PERMANENT ROADWAY EASEMENT RECORDED IN OR BOOK 1937, PAGE 2693, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
Debtor:
SARASOTA SHOPPINGTOWN LLC
c/o Westfield America, Inc.
2049 Century Park East, 41st Floor
Los Angeles, CA 90067
Secured Party:
UBS REAL ESTATE SECURITIES INC.
1285 Avenue of the Americas, 8th Floor
New York, NY 10019
all of Debtor's right, title and interest in and to, the following property rights, interests and estates now owned, or hereafter acquired by Debtor (collectively, the “Property”):
(a) Land. The fee estate of Debtor in real property described above (the “Land”);
(b) Additional Land. All additional lands, estates and development rights hereafter acquired by Debtor for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of the Security Instrument (defined below);
(c) Improvements. The buildings, structures, fixtures, pads, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the “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 Land and the Improvements and the reversions 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, rights of dower, rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Debtor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
(e) Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), furniture, software used in or to operate any of the foregoing and other property of every kind and nature whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and 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 Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the “Personal Property”), and the right, title and interest of Debtor in and to any of the Personal Property which 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 Property is located (the “Uniform Commercial Code”), and all proceeds and products of the above;
(f) Leases and Rents. All leases, subleases, subsubleases, lettings, licenses, concessions or other agreements (whether written or oral) pursuant to which any person or entity, with whom Debtor is in privity, is granted a possessory interest in, or right to use or occupy all or any portion of the Land and the Improvements, and every modification, amendment or other agreement relating to such leases, subleases, subsubleases, or other agreements entered into in connection with such leases, subleases, subsubleases, or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into, whether before or after the filing by or against Debtor of any petition for relief under any Creditors Rights Laws (collectively, the “Leases”) and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional 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, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits), accounts, cash, issues, profits, charges for services rendered, and other 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 Property, including, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Debtor or Westfield Property Management LLC and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Debtor of any petition for relief under any Creditors Rights Laws (collectively, the “Rents”) and 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 secured by the Security Instrument;
(g) Insurance Proceeds. All insurance proceeds in respect of the Property under any policies covering the Property, 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 Property;
(h) Condemnation Awards. All awards, including interest thereon, which may heretofore and hereafter be made with respect to the Property by reason of condemnation, whether from the exercise of the right of eminent domain (including, but not limited to, 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;
(i) 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;
(j) Rights. The right, in the name and on behalf of Debtor, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Secured Party in the Property;
(k) Agreements. All agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or any business or activity conducted on the Land and any part thereof and all right, title and interest of Debtor therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Debtor thereunder:
(l) Intangibles. All tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property; provided, however, that in no event shall Secured Party have any rights to the name “Westfield” or ''Westfield Sarasota” or “Westfield Sarasota Square” or any marks, logos or other brand identification items associated with the “Westfield” or “Westfield Sarasota” or “Westfield Sarasota Square” name;
(m) Accounts. All reserves, escrows and deposit accounts maintained by Debtor with respect to the Property, including, without limitation, the Reserve Accounts, the Lockbox Account, the Cash Management Account and all accounts established pursuant to Articles 9 and 10 of the Loan Agreement between Debtor and Secured Party together with all deposits or wire transfers made to the Lockbox Account and all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property held therein from time to time and all proceeds, products, distributions or dividends or substitutions thereon and thereof:
(n) Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing items set forth in subsections (a) through (m) including, without limitation, Insurance Proceeds and Awards, into cash or liquidation claims; and
(o) Other Rights. Any and all other rights of Debtor in and to the items set forth in subsections (a) through (n) above.
Any defined terms used in this Schedule I and not expressly defined herein shall have the meaning set forth in that certain Mortgage, Assignment of Leases and Rents and Security Agreement, dated as of May 30, 2013, given by Debtor for the benefit of Secured Party (as the same may be amended, restated, replaced, supplemented, renewed or otherwise modified form time to time, the “Security Instrument”).
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMIAINING FUNDS.
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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
DATED THIS 25th day of May, 2021.
Attorney for Plaintiff:
Michael P. Woodbury, Esq.
Woodbury, Santiago & Correoso, P.A.
9100 South Dadeland Boulevard,
Suite 1702
Miami, Florida 33156
WOODBURY, SANTIAGO &
CORREOSO, P.A.
Counsel for Plaintiff
9100 S. Dadeland Blvd., Suite 1702
Miami, FL 33156
Telephone (305) 670-9580
Facsimile (305) 670-2170
By: /s/ Michael P. Woodbury
Michael P. Woodbury (FBN 983690)
June 18, 25, 2021 21-01304S