23-00246H

NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR
HILLSBOROUGH COUNTY, FLORIDA
Case No.: 20-CA-6978 - Division E
WELLS FARGO BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR
MORGAN STANLEY CAPITAL 1 TRUST 2015-MS1, COMMERCIAL MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2015-MS1, ACTING BY AND THROUGH LNR PARTNERS, LLC, ACTING SOLELY
IN ITS CAPACITY AS SPECIAL
SERVICER,
Plaintiff, vs.
COSTA REGENCY, L.L.C.,
MARY ELLEN COSTA,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Stipulated Uniform Final Judgment of Foreclosure entered on January 18, 2023 in Case No. 20-CA-006978, in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, that Cindy Stuart, Clerk of Court, will sell to the highest and best bidder for cash online at http://www.hillsborough.realforeclose.com on February 22, 2023 at the hour of 10:00 a.m. EDT, the property described as follows:
See Exhibit A attached hereto.
EXHIBIT A TO
NOTICE OF SALE
EXHIBIT A
All of Lot 1 and a portion of Lot 2, Block B, REGENCY PARK NORTH, as recorded in Plat Book 68, page 41, of the Public Records of Hillsborough County, Florida, being more particularly described as follows:
BEGINNING at the Northwest corner of said Lot 1 and run thence South 81°05'22” East, 257.66 feet along the North boundary of Lot 1, thence South 81°02'07” East, 362.33 feet along said North boundary to a point on a curve on the Westerly right-of-way line of Grand Regency Boulevard; thence Southeasterly 453.75 feet along the arc of a curve to the left having a radius of 830.00 feet and a central angle of 31°19'23”, and a chord bearing and distance of South 06°41'49” East, 448.12 feet to a point of reverse curvature; thence Southeasterly, 295.03 feet along the arc of a curve to the right having a radius of 588.30 feet and a central angle of 28°44'02” and a chord bearing and distance of South 07°59'29” East, 291.95 feet; thence North 65°09'45” West, 828.61 feet to a point on the Westerly boundary of said Block B, also being the Easterly Limited Access Right-of-way Line of Interstate Highway No. 75, thence North 05°31'25” East, 484.75 feet along said Westerly boundary of Block B to the POINT OF BEGINNING.
Together with:
(a) Land. The real property described in this Exhibit A attached hereto and made a part hereof (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;
(c) Improvements. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (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 reversion and reversions, remainder 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, dower and rights of dower, curtesy and 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, elevator fixtures 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 interest, as defined in the Uniform Commercial Code, as adopted and enacted by the state, states, commonwealth or commonwealths 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 and other agreements affecting the use, enjoyment or occupancy of the Land and/or the Improvements heretofore or hereafter entered into and all extensions, amendments and modifications thereto (collectively, the '”Leases”), which Leases include, but are not limited to, that certain lease dated June 15, 1999 between OPUS Regency, L.L.C., a Delaware limited liability company, later succeeded by Costa Regency, L.L.C., a Pennsylvania limited liability company, as Landlord and Household Corporation. a Delaware corporation, later succeeded by HSBC Card Services, Inc., as tenant (including all amendments, modifications, extensions thereof, the “HSBC Lease”) whether before or after the filing by or against Debtor of any petition for relief under 11 U.S.C. §101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”) and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, any guaranties of the lessees' obligations thereunder, cash, letters of credit or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, early termination fees and payments and other termination fees and payments (any such early termination fees, payments and other termination fees and payments, the “Lease Termination Fees”), revenues, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements, whether paid or accruing before or after the filing by or against Debtor of any petition for relief under the Bankruptcy Code (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 proceeds of and any unearned premiums on any insurance 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 or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, 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 a 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) Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;
(k) 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;
(l) Agreements. All agreements, contracts, certificates, instruments. franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into by Debtor, 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 respecting 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 occurrence and during the continuance of an event of default under the Security Instrument, to receive and collect any sums payable to Debtor thereunder;
(m) Intangibles. All trade names, 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; and
(n) Other Rights. Any and all other rights of Debtor in and to the items set forth in Subsections (a) through (m) above.
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 an accommodation in order to access court facilities or participate in a court proceeding, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation, please contact Court Administration at least 7 days before your scheduled court appearance, or immediately upon receiving a notification of a scheduled court proceeding if the time before the scheduled appearance is less than 7 days. Complete theRequest for Accommodations Formand submit to800 E. Twiggs Street, Room 604, Tampa, FL 33602. ADA Coordination Help Line (813) 272-7040; Hearing Impaired Line 1-800-955-8771; Voice Impaired Line 1-800-955-8770.
Dated January 18, 2023.
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, PC
200 South Orange Avenue, Suite 2900
Post Office Box 1549
Orlando, Florida 32802-1549
(Telephone) 407-422-6600
Counsel for Plaintiff
By: /s/ Zachary J. Bancroft
Zachary J. Bancroft
Florida Bar No. 0145068
[email protected]
[email protected]
[email protected]
4887-5756-7819
Jan. 27; Feb. 3, 2023 23-00246H

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