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TCPALM.COM CLASSIFIED IN MONDAY,APRIL 27,2015 •SCRIPPS TREASURE COAST NEWSPAPERS •It
<br /> NOTICE NOTICE NOTICE NOTICE NOTICE NOTICE 'NOTICE HCTICIOIIS NAME FICTICIOUS NAME FlCTICIOUS NAME
<br /> • NOTICE Florid.to consider The In die n River be paced through to end Related Equip-Please direct quer- We Care Foundation LAW PURSUANT TO day of April,2015
<br /> Indian River Farms submetal of an apple County Board 01 he Indian River ent,Be Shelters, it arding this Indian River County f INC located al SECTION 865.09, Indian Rover County
<br /> RIWater Control Dis- < for en FY 2015 County Commission- County Senior Re- Insurance,Computer public hearing to Baa rd of County 1062 Phelps Street in FLORIDA STATUTES Medica I Society
<br /> Q trig will be spraying 49 USC CA 53,Seo s h considering Association Hardware and Solt- hillip Matson et Commissioners the County of Indian Foundation,Inc
<br /> canals within the Die lion5307 Mas Tram Ne submittal of a 49 source
<br /> the County's and Signs end 226.1455. Anyone By: - Wesley S.Da- iver,in the City of NOTICE IS HEREBY Publish:April 27,
<br /> CD t<t beginning A iK sitapihill and Oper- USC Ch.53,Section transportation pro. Pe Harm Preventive who may wish to ap Chairman Sebeila n, Florida GIVEN t hal the 2015
<br /> 20,2015 through 6e Ii ng Assistance 5307gent applies der.The funds will Vehicle Maintenance, eel ay decision,Pu vie,Ch
<br /> cat on D at e: 32958 Int ends to ndersigned,TCN2ee9333 '
<br /> 0 camber 31,2015 Grant A public hear- tion.As proposed, be used to maintain which may be made 04127116 register thea d desiring to engage m NOTICE UNDER
<br /> David E Gunter ingat which parties the application re- d expo nd h e Unless modified es a at this meeting,will TCN2689423 m I t h Lha business orae the FICTITIOUS NAME
<br /> Secretary Treasurer in interest and cite- questa a total of SRA'.GoLine'fixed result of FTA review need to ensure that a Del v I s I o n f fictitious name of
<br /> rens shall have en 51000,000 in federal route)and Comment record of --- Corporations of the We Cue Foundation LAW PURSUANT TO
<br /> Pub:April 20,27,May d c a m m 1, verbatimmen RECTION 865.03,
<br /> L 11,2015 heed
<br /> will the be capital assistance to Coach Id emend changes in other um the proceedings is Florida Depe l IRC located.1 1062 FLORIDA STATUTESrtR.
<br /> __ TCN2688624 heed will be held by d$1,20.,00.in r aeons.1 public funding,or atter um ode,wich in- f Slate,Tallahassee, Phelps Street in the
<br /> he Indian River federal operating es- Iran pone ons - to rescan ecu m- dudes'satin.ray FIC'TICIOUS NAME Florida. County of Ind.Rim NOTICE IS HEREBY
<br /> •C the
<br /> ou nay Beard ofsig...The ens. e.Specifically, stances,the pro- d 'dente upon r In Lha Cit t
<br /> County Commission- capital share fund.will be used to posed program of which to appeal wig NOTICE UNDER Florida,Datedat rhie lion, en
<br /> Florida GIVEN Ih.t the
<br /> C Q n In the Countywill consist of Implement the fol- projects described be based. Anyone FIPURSUOUS NAME FloriOle 16th 32958 intends toe d•r L i g n a 4.
<br /> cr1Commission Cham- ol revenue
<br /> in Floria lowing program of boyo will become who needs a special LAWSE PURSUANT TO day of Apel,2015 register the said 5esiring to engage re
<br /> _ W NOTICE OF PUBLIC bars of the Indian toll revenue credits protect the final prop a , a commoda[i on for
<br /> SECTION STATUTES
<br /> Indian River County ma ilh the business undo the
<br /> EL �a�h HEARING River County Admin as ft-match.The•Continue and expand y lege for FY 2015 this me g us[ FLORIDA STATUTES Medical Society Division of Corpora- nsii tions ria et
<br /> F,F„ 2 istration Building,lo- nonfederal operating the Goble and Loin Thisnotice complies tag the County's Foundation,Inc bons of the Florida Wa Cera...ed...
<br /> Notice of beefing is Gated et 1801 27th hate will consist of munsp Coach public with the FTA Pro- Ant„,,,,,,,,i. AS with ma,NOTICE IS HEREBY Publish:April 27, Department el Stale, Indian River County
<br /> 'Y U hereby given for the Street,Vere Beach, 5600,000 local transpone[lan sem y of Projects bilines Act(ADA)Co- GIVEN het lh• 2015 Tallahassee,Florida, los at ed at 1062
<br /> •e••. _ Board of County Florida May 5, funds and 3600,000 ices. (POP)ninth non re- ordinator at 2261223 n d e ro 1 g n e d,TCN2689yg Phelps Street in the
<br /> C ICommissioners ,2016 at 9:00 AM. state trinfunBuil quiremonH. at least 48 hours in desiring to engage in Dated at Sebastian, Cenh of Indian Riv-
<br /> JIndian River County, lands.All lands will•Purchase Vehicles advance of meeting. haaneu under the NOTICE UNDER Floods.this 16th r n he City,of
<br /> e
<br /> 3 COW fh<titi0us ria..of FICTfiI0U5 NAME Sebastian, Florida
<br /> O
<br /> V 0. NOTICE OF SALE. NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE
<br /> LIN E CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY,FLORIDA CASE NO.32014CA00127OXXXIIX
<br /> LL THWELLS FARGO BANK.NA,as Trustee for the registered holders of BANC OF AMERICA COMMERCIALMORTGAGEMORTGAGE INC.COMMERCIAL MORTGAGE PASSTHROUGH CERTIFICATES,SERIES 20051,by C-Ill ASSET MANAGEMENT
<br /> O vs.LLC,MALL ASSOCIATES,LTD,.Florida limited
<br /> partnership;
<br /> .Rrey hi special IDIN RIVER service MALL,LLC,arsuant to hat certain Delaware limited liabiland i1ity romp Agreement dated April 1,2005,
<br /> •ireappnnon P; liability,Servicing
<br /> et m.,
<br /> CLDofencl.mv.
<br /> fi W NOTICE OF RESCHEDULED SALE
<br /> C NOTICE IS HEREBY GIVEN that pursuant rte Final Judgment of Foreclosure rendered on February 13,2015 and the Agreed Order Rescheduling Foreclosure Sale entered on March 16.2015 In that ceTain Euse pending in the Circuit
<br /> _ _U Court in and for Indian River older'yyI,by Cd,wherein WELLS FARGO BANK,NA,,a Trustee for the registered holders of BANG OF AMERICA COMMERCIAL MORTGAGE INC COMMERCIAL MORTGAGE PASS-THROUGH toloor 4
<br /> GATES,SERIES 20051 I'Noteholloder'1,by GIII Anse Management LLC,•Delaware limited liability company,in its capacity as specal servicer pursuant to that certain Pooling and Servicing Agreement sated April 1,2005(•5etvicer00
<br /> Nti QI- is Plaintiff,and granted against the Defendants,IR MALL ASSOCIATES,LTD,a Florida limned partnership and INDIAN RIVER MALL,LLC a Delaware limited liability company,the Clerk of this Court will on May 12,2015 at 10:00
<br /> e A.M.,or as soon thereafter as same can be done,offer for sale and sell to the highest bidder for cash on www.ineianirver.reatforeclase.com,in accordance with section 45031,Florida Statute,the following described real property.
<br /> situate and being in Indian River County.Florida to wit:
<br /> '� O LEASEHOLD PROPERTY.EXHIBIT A
<br /> C •
<br /> Z 3 Z The leasehold estate in the Land described in the attached Schedule 1 pursuant to that certain Lease dated Olober 20,2006 between IR Mal Associates,Ltd.,a Florida limited partnership,as landlord,and Indian River Mall,LLC,a Deo
<br /> awarelimited liability company,as tenant,as evidenced by Memorandum of Lease dated October 20,2004,as the same may be amended,¢¢restated,replaced,supplemented or otherwise modified from time to oma
<br /> SCHEDUR LE
<br /> 'THE EMALL Fee
<br /> SSimple
<br /> ISIONd aeeaseholddAin Plat Book property
<br /> Papeasituated
<br /> d 550,of the Public Records o,,India
<br /> n River South,
<br /> FKOride 39 East Indian River County,Florida and being all of Lot],Lm 0,Lot 9 and Lot tea,of INDIAN
<br /> PARCEL II-Fee Simple and Leasehold
<br /> Being Lot t,2 and parts of Lots 3,5,e,9 and 10 of Indian River Mall-the East Peripheral Subdivision,as recorded in Plat Book 14,Pages 60 and 50A,and more particularly described as follows:
<br /> •• Commencing at the Southwest comer of Rivera Estates Subdivision per Flat Book 1,Page 12,Public Records of Indian River County,Florida;thence South 00.07'12'West a distance of 21000 feet to a point,said point being the
<br /> U) Nonheasl corner of Indian River Mall-The East Peripheral Subdivision;thence North B8°50 48'West along the North line of said Indian RNer Mall-the East Peripheral Subdivision a distance of 590.00 feet to a point,thence continu-
<br /> ing gong said North line South 61.10'06'West a distance of 85.58 feet toe point said point being the prinupal pont and place of beginning I the following description:
<br /> _
<br /> Tence due South a distance of 549.51 feet to.point thence due West.distance of 10.86 feel to a point;thence due South a distance of 151.41 feet to a point thence Northwesterly 55.578 feet along a curve to the right having a rade
<br /> CI) us f 110.00 feet and a central angle of 28°56'56't0 a point;thence North 47.00'11'Wert•distance of 06.13 feet to a point thence Northwesterly 44.920 lee along a curve to the left having a radius of 60.00 fed and a antral angle
<br /> Cof 42.53'43'to a point(hence No0h 89°53'54'Wert a distance of 26300 feet to a point;thence North 79°59'44'Wert a distance of 50.00 ted to a point;thence South 49.19'36•West a distance of 43.94 feet to a point thence
<br /> 86493 teal along a he left with a radius of 26421 feet and a chord length of 86.11 feet having•bearing of North 46.31'12'West to a point;thence North 55.53'Sr Wert a distance of 270.00 feet to a point;thence North 47°
<br /> 0
<br /> 00'00'West s distance of 150.00 fee to a point thence North•distance of 35.00 feet to a Point thence North 45.OW 00'East a distance of 262.00 feet to a point thence 208.131 feet along a curve to the left with a radius of 265.00
<br /> N f f l end a chord leer to d length of 202.82 fee haying a bearing of Nanh 22.30'00'East to oi pointchen North 126.78 feet to.point:thence South 49•poen 66'said
<br /> a distance of 36500 feet to a point;thence South 66.53'54'East a distance
<br /> Stant then South 89°53'54'Eat a distance of 290.00 feet to a h North 51.10'06•East a distance of 41.51 feet toe t paint also being the point of beginning.
<br /> Containing 11.094 r of land
<br /> more or less. purposes 0nhp.
<br /> 0 All references to acreage re footage r for informational m is
<br /> PARCEL e-Non d emvi r stua acether omee ha Ms rad, xclustve a then igits n re I progeny, aced defined d limited by the n I die R er II R ord0d O Easement d Op g
<br /> Recoe m kry . m gg 5,ll01 e pp m Stows,Inca i Br Ci County,,nes r d SeareaPoebuckcand Co. d J.0 Penney Company,clot.and M MaIIOAssochateq Ltd.,dated Ogoba],1997 ud recorded October 10,1997 in OfOdal
<br /> PARCELEL Nok an4,Page vedE,of the G Tog therrwids of Indianrights
<br /> Ills and no non-Floriexclusive
<br /> 3-
<br /> CI)
<br /> N-Na Exclusive Easements Together with the Mil and n s e constituting regireal Himproperty, aced donned d limited by that 'n Non-exclusive and
<br /> rained Declarationof
<br /> Q) 0 Covenant,Conditions and Resndions by lween L e Mall Aeo t se Ltd,ha Florida limited partnership d inowe's Home Centers.
<br /> ,Inc,e North Caroli corporation,,dated July 3,1996 and Home recorded July 3,1996 in OfficiaRe.
<br /> I cod Book 1111,Page 701,amended by Amendment of Declaration of Covenants.Conditions and Restrictions and
<br /> e d between I.R Mall Assciates,Ltd,a Florida Smiled partnership and Lowe's Home Centers,Inc, North Carolina
<br /> C Q corporation,dated January 11,1999 and recorded March 12,1999 in Offidal Record Book 1262,Page1269,bath of the Public Records of Indian River County,Florida.
<br /> U _ LEASEHOLD PERSONAL PROPERTY DESCRIPTION-EXHIBIT B
<br /> U Debtor Indian River Mall,LLC,has managed,granted bargained,pledged,assigned,warranted,transferred,conveyed,and granted a security interest BofA,and As successors and assign.In and to the following property rights,in
<br /> e and estates now owned or hereafter acquired by Debtor.
<br /> • m(I) C V yn hal rIntenttanalty0mined;
<br /> 0) Cl) 0 The le Leased Premises:The Leasehold escri,din tdhe ed
<br /> ds: p,as landlord.and Indian River Mall LLC,a Del-
<br /> The leasehold estateeies the Land declined in she attaeded Schedule tpurs o that certain Lease dated October xg,2001 between IR Mall Associates.,eau a Florida limited partnership,
<br /> �i/)1 are limited liabilityry company,as tenant as evidenced by Memorandumof Lease dated October 20,2004,as the same may be amended,restated,re placed,upplenobled or there o modified tram time n time
<br /> Q Q vJ0 Irl ntel relvs e,,l any,ai0na:All ems,eoaificati000 nose rad renewal of ene lease and all alsoon,o dins s prions,pgv,egae ria tights f Debtor r enam under the Lease,including,but Col limited to,rights
<br /> is fin,r,lin al,df arty ane drte'ghtaif anye I renew n e t rad chs,to eleA u der a Section
<br /> term on 1 of the Bankruptcy also C de au ene nate'or tr alarm o asmas t w:noted in tth neve t tither m bw kr ip a,ui, son ton
<br /> Cry, tin can I Sthe raj Patty's the as tenant ender rra Leaee,to el punder or bis]trstee fah sCana to terminate'or rust the l'o Leasec aCoda terminated in the event til of Na bankruptcy,retrg.nPzatitnrar insolvency
<br /> f t the Lessor,enddel the rejection All the Lease by N.estates answer in possession,oar ey a yen ac for the by Lessor, for use inRadian 3io d withh theekLepry
<br /> (d)Additional a al ess the Premises. additional to time,
<br /> a ed ental developmentrights hereafter acquired ads fee ieno Bion ecLeased Premise and the daelapmena 01 the Leased Premises and al additional
<br /> rade and estatests. which Debtor's
<br /> from t to tidei estates
<br /> supplemental Le sedImorotherwise,d be expressly smogs es.Sol to the Iden of the Securitynts,exten t
<br /> (j t Improvements. All of Dewooe ova he and se and that
<br /> are mortgage Improvements andr(buildings,.structure,together w a e ail eprovemenl a et rte ono, entI rcWire replacements and imptvemema naw ar
<br /> h reale All s within or way o rhe Leased,strpes ndd the are awdsd be Dewar s,al gs,pa sags,swe with the Leased. atepnvumantswa a apool modifications,
<br /> I Glee, eits,lreveasements,'.yin,en ate rights,e,Its and goes a1 land,streets,cesyof alleys,passages,a sewer right,any water, a ter rights and relating
<br /> air role and a Leased Premises
<br /> mists,and all estates,rights,
<br /> and
<br /> interests,ns privileges,liberties, d a us, hereditaments any and road or even of o y whatsoever,in tay cow ior nghYee lie belonging,.eto[hth or ter line o the Leased eremhas and the Improvements
<br /> anh hod radrtesy,e and all land lying the and d ss street road o ee opened or proposed, loons of or adjoining the ea Leased Premise.
<br /> end to he ranter me thereof and a0 the estates.rights,with
<br /> e Fess,
<br /> rights of dower,rights of artery,property,possession,claim and demand whatsouer,nbothnat slaw and in equity,of Debtor tl,in and l0 the Lased Premises and the Improvements and eery part and parcel with thalappur
<br /> 0) Penances thereto;
<br /> (,)Fixtures and Personal Property. Al machinery,equipment fixtures(including,but not Idmhd to,all heating, conditioning,plumbinglighting,communications e d elevator fixtures],furniture,software used in or to operate
<br /> ITS nyyof the foregoing and otherproperty of every kind and nature whatsoever owned by Debtor,or iwhich Debtor has a shall a .ninterest.now or hereafter located upon the Lease Premises and the Improvements,or appurte-
<br /> nant and usable in connection with the present or future,pear tura d occupancy of the Lease Premises and the Improvementsandall building equipment materials and supplies of any nature whatsoever awned by Debt
<br /> orn which Dewar has or shall have an beret,now or hereafterlocated upon the Lease Premises and the Improvements, r appurtenant thereto,ar usable in connection with the present or future operation and occupancy of
<br /> r the Lease Prem d the Improvements holledively,the'Personal Propene). d the right title and interest of Debtor nend to any 1 the Personal Progeny which may be subject to any security interests,as defined in the Un-
<br /> dorm Commercial Code, adopted end enacted by the state or states where eyed the Property is loaned'the'Uniform Commercial Cadet,and all proceeds and products of the above;
<br /> (hilae and Rents. ll leases,subleases.sub) es,lettings,lice concessionsotheragreements(whether wiinen or oral)pursuant to which y Person isgranteda possessory interest in,or right 10 use or occupy all or any
<br /> M
<br /> (Meese,
<br /> theLeasehold Estate ed the Improvements,and every licenses,
<br /> • ndmentor other agreement relating to isuch lees..,sublease,subsubleases, other agreementsentered in a o nesdsn with such leases,sub-
<br /> V lease,suble r other ree . d every guar I the perfor ane•d observance of the a conditions and agreements to be performed and observed by thoter party thereto,heretofore or hereafter en
<br /> N ^ demo,whetter before o after the filingbyor against theDebtorof any petition for relief under any Creditors fRights Lawsofolle rely,the leases.,and all right fide and"teres[of Debtor,its.successorsand assigns therein
<br /> en-
<br /> tered
<br /> thereunder,'including, Cho limitation,cash ors unties depohed thereunder to cup the erformance by the lesseesof then obligations thereunder and all additional rents, veno sepprofits lindudmg all
<br /> oil angas or other rel royalties and bonuses),paid or accruing before or after the filing M against Debtor of any petition for relief under any Credifars Rights Law.IcollegrveHy,the revenues,issues
<br /> all proceeds from the sale or
<br /> 0) 0 trier deposition of theLeases and the right to receive and apply the Rents to the Payment of the Debt,
<br /> ft)Insurance Proceeds. All Insurance Proceeds rasped 1 he Leased Premises under any Polices covering the Leased Premises,including,without limitation, the right to receive and apply the traced,of any Policies,
<br /> • < U < judgments,or settlements made in lieu ihereot for damage to the Properly, ped la t by reason ofB
<br /> llCondemnauon Awards. All Awards,including interest thereon,which may heretofore end hereafter be made with ret he Leased Premises Condemnation,whether from the exercise of the right of eminent do-
<br /> main'including but a kinked to any trend made on lieu of or in anticipation of he a 1 h right, r fora change I gg ode,o for any other injury to or decrease in the value of the Leased Prem
<br /> N Z r Z Ilii x cera Ni refunds,rebates or credits mar with any
<br /> i T Taxes exercise
<br /> the
<br /> or
<br /> ageing the Pmveny, tee.
<br /> (I)Conversion.All proceeds of the conversion,voluntary or involuntary,of any of the foregoing including,without limitation,Insurance Proceeds and Awards,into cash or liquidation claims;
<br /> (mlAgreem .All OLagreementsy cenificsee.instumenr,franchise,permits,licenses,dans,.pacificatio and other documents,now r hereafter entered into, d all rights therein and thereto,respecting or
<br /> pertaining to the use. cu^alio 1c01 contracts,
<br /> management or operation of the Leased Premises and any pan thereof and any Improvements o any buamss of egiyiry conducted on he Leased Premises and am pan thereof
<br /> and all right,title and interest of Debtor therein and thereunder,inducting,without limitation,the n1ht upon the happening of any default hereundr,a receive and collect any ams payable to Dewar mereuodor:
<br /> (nBniangibles. AB aradenames,trademark,servicemarkn,logos,copyrights,goodwill,boob and records,and all other general intangibles owned by Debtor relating to or used in connection with the operation of the Leasehold
<br /> E IPI Accounts.All reserves,escrows and deposit accounts maimed by Debtor with resp to the Leased Premises,including without limitation the Reserve Accounts,the Lockbox Account and all accounts established pursuant to he
<br /> Aisisle 10 d the Loan n Agreement together with all deposits or wire transfers made to the Lockbox Account and all cash, hacks,drafts,<endfiats,securities investment property,financial assets.Instruments and other property held
<br /> therein from time to time and all proceeds products,di ibutions or dividends or substitutions[hereon and thereof,
<br /> I.- •• Ipl Conversion All proceeds of the conversion,voluntary or involuntary,of any of the foregoing including,without limitation,Insurance Proceeds and Awards,into cash or liquidation claimand
<br /> 101 Other Rights,Any and all other eights of Dbtor ,;in and to the items set forth in Subsections nal fhroo h(p]above.
<br /> Q. PARCEL I-Fee Simple and Leasehold FEE MORTGAGE REAL PROPERTY DESCRIPTION-EXHIBIT C
<br /> Ai pinion 01 pram situated in one North 112 0l Section 5,Township 33 South,Range 39 East Indian River County,Florida and being all of Lot 7,Lot 8,Lot 9 and Lot 10,of INDIAN RIVER MALL-THE MALL SUBDIVISION,se recorded
<br /> E Plat Boll td,Pages 59 and 590.of the Public Petards of Indian RNer County,Florida.
<br /> Q P- PARCEL II-Fee Simple and Leasehold
<br /> L Being Lot 1,2 and pans of Lots 3,5,8,9 and 10 of Indian Rive Mall-the East Peripheral Subdivision,as recorded in Plat Book Id,Pages 60 and 680.and more particularly described as follows:
<br /> Z O Commencing at the Southwest corner of Rivera Estates Sueubasivi per Plat Boat 1,Page 1;Public Records 01 Indian River County,Florida;thence South 00.07'12'West a distanceof 210.00 feet to point said point being the
<br /> Northeast comer of Indian River Mall-The East Peripheral Subdivision;thence North 5Y 48'West along the North One of said Indian River Mall-the East Peripheral Subdivision a distance of 590.00 feet
<br /> t l0 a point thence continu-
<br /> ing along said North line South 51°10'O6'West a distance of 85.58 feet to a poi00°pent said point being the principal point and place of beginning of the following description:
<br /> C/) N 0 Thence due South•distance of 549.51 fes to a point thence due Wert a distance of 10.86 bel to a point[hence due South a distance of 151.41 feel to•point thence Northwesterly 55.578 feet along a curve to the right having a radi-
<br /> C us of 110.00 feet and a central angle of 28.56'56.to a point thence North 47°00'11'West a distance of 86.13 fee[to a paint thence Nanhweaterly 44.920 feet along•curve to the left having a radius of 60.00 feet and a central angle
<br /> Q _ U of Or 53'43'to a point;thence N nh 89.53 54'West a distance of 263.80 feet to a point thence North 79.59'44•West a distance of 50.00 fed to a paint thence South 49•19 36'West a distance of 43.94 led to a point;thence
<br /> 86.493 led along a curve to the left with a radius of 264.21 lee and a chord length of 86.11 feet having a bearing of North 46.31'12'Wed to a point;then North 55.63'54'West a distance of 270.00 fed los point thence North 470
<br /> 07 00'West a distance of 160.00 fee[a0 a point thence North a distance of 35.00 feet taeoint thence North 45.Oct 00•Eau a distance of 262.00 leaf to•point thence 208.131 feet along a curve to the lel with a radius of 265.00
<br /> feel and a chord length of 202.82 feet havingbearing of Nanh 22.30'Or East to a point thence North 126.78 feet to a point thence South 49.43'Sr East•distance of 365.00 feet to a point thence South 66.53'64.Eastce
<br /> a distan
<br /> o145.00 fed to a point;thence South 89.5354'Ent•distance of 290.00 feel to a point thence North 51.10'O6•East a distance of 41.51 feet to a point said point also being the point of beginning
<br /> CoAll references ao acreeagof e orasq moreloot tae for informational
<br /> gquem le am purposes only.
<br /> PARCEL III-Non Exmusdve Easements
<br /> Together with those rights and non-exclusive easements constiuling rights in real propeny,created delisted and limited by that certain Indian River MaE Reciprocal Easement and Openfing Agrevmenl by nd among 0:11014 DepaS-
<br /> m Store.,Ing,end B relines.Inc and Sears,Roebuck and Co.and J.C.Penney Company,Inc and IR Mall Associates,Ltd.,dated October 7,1997 and recorded October 10,1 9 in Off al I Neued Baok f t]4,PaBe 2945,of the Public
<br /> ReroNs 01 Indian Rdvm County,Floida.
<br /> PARCEL10-Nt Exd 'els ents
<br /> Together with rhos rights and n eedusice easementsconstituting tights real property,darted leaned and limited by that ten edJuly Non-exclusive a contained in Dedmsian I CovRecord
<br /> Beo[L,Candnige and Reendninns
<br /> and between I.R.Mall off Covenants,es Ltd,•Florida limited Restrictionsbyyrad Lowe's Home Comers,Inc.,a North Carolina limrtetioa.tnersh July 3,oinnswe'and recordedJuly3,1996 in Official Rcorrd Baok 1111 PJB,101,amended by
<br /> Amendmentrecorded March Declaration
<br /> 2,1999 in f Official RecCondhions and Book 1262,Page 1269,both of the Public Recartle afMall
<br /> lndiee River COuLtd,
<br /> ry,Florida.limned partnership and Lowe's Home Centers.Inn,a North Carolina corporation,dated January 11,1999 and
<br /> FEE MORTGAGE PERSONAL PROPERTY DESCRIPTION-EXHIBIT 0
<br /> Debtor,IR Mall Asaacatee,Lte.,a Horida limited pannenhip,hat mono.ac!,Kr lee pbellgaired,pleagod,tssigntd.warranled,tnndentd,conveyed,ane granted a seven,ty^nand a to
<br /> the f0lbwin any.Wells Fargo Bank NA,as Trve
<br /> .o far she regisimed holders of Banc of America COmraulal Mortgage c Mortgage Pas.'Thlough Certificates,Resin 2001.1,and its avccese0rs and asci g progeny rigwe,iROlOeOs and estmes
<br /> ea or 54.0.101 acquired by Debrar.
<br /> ('l Land The real pr va doaenbed in,estates
<br /> ie I and attached hereto and made a pan hared the-Land');
<br /> (b)Adduce to Ung AlAplem oval land,glans and sdevelopment rights besieger to the lien
<br /> by Debtor fir use in connection with the Land and the develapmem of the land and all additional lands and estates thareln which may,
<br /> from i ti ,by a builmennl mortgage or ureas,add be expressly made cabled to t,,ben vl thio Security Instrument
<br /> i Improvements.t a budding.,structure,fixtures,additions,enlargement,extensions,modifications,regain, replacements and improvements now or hereafter erected ar located within or above the Land and that are owned
<br /> by Dbnt.Alyely,ethe rnems'Improvements.):
<br /> . all
<br /> (li Easements.All tpane,e.1:be iewry or use,items,strips and gores of land,wenn,ways,of any
<br /> passages,seweroe nB an comer,water courses,wafer ging,and pewee.tar rights and and and the dgMo and 1,and the
<br /> rights, s interests,remaier0..l ands.l landel,ervn thea tenement,hereditaments load or
<br /> and appurtenances, peeto one otos whatsoever,adjoining
<br /> in any way n or hereafter line there.relating to pertaining to rights, tlese nna eats,tmpsvomew arta the
<br /> prd ramal doe,a d all iand dide a rde beat any sotheat laad o In anon opened tr pf,in and io the L ti or adjhie Int roe men,m sde enter line dp res and all hen ate, roe[ince inures:,rights of dower,right
<br /> reversion.
<br /> EquttpM I°possession,claim and demandSnsMateoever,Article
<br /> both of law end i on equity,of d.'Debtor de in and to the Land and ore owned
<br /> here and every edit y D parcel thereof,with.the r in connection
<br /> wattta;
<br /> s� lel Equipment isto ted thereon or t easr such term as defined in limited
<br /> ,0l me Uniform Commercial Lusa(gs,and
<br /> defined),d now ownsor hereafter acquired by Debant no which id oteri at or in acquired b with the and
<br /> any and
<br /> 0e the
<br /> Lev located Land re or therein(inducing the not going).to,ill er wiihary,attachment furnishings,,, els,equipment
<br /> dela processing5.4 end accessories her olece a eon ort nuav awned or olleeaftel,c ho'B ui mentor aN any and inn hie
<br /> lions,subatipand redot imeud ut cry pofe the eo naiog to to rrowe wnh r t e Lease.ex�pt to the east the,Debior sha oho anyrigtinstalled therein or affixed thereto(collectively,the"Equipment.). Notwithstanding the
<br /> foegtiEquipmentlEqip shall not induce any the own rship of at Borrower under theLease,except l0 theextentl enl that Debtor dell have any right a Interest rnereon;
<br /> II Fixture.All campmate.now owned,or the ant is located,
<br /> d winch'i hereafter,wlimitation.
<br /> , Debtor ng or is uctiond to theei Led•e for construction,
<br /> formingreconstruction,of the Property oil i at doomed fiduren o real property under the
<br /> Lew of the genicular sofa i.whim,the Equipment is located,including,without uyul.aian,othol lhom oreon a rice dntandir far conewcusn,ie ,aith Itian or lair of t inrtellatitsI to he P tnslu0
<br /> It"
<br /> ird,inem,gpp1Vne alai o•Pelngi aqui moot fininggs=era'?
<br /> Pxtures and other' c1 tdhenaher ditched t0,installed a in ed idc,esn lit coati',R,heariing.Ooepettraneneryli n ll the improverrant Tar
<br /> the Lend,do air o inul not limtee eyste.g.,en f this tp a' e0,epee-menses
<br /> p e- pdnse,,rad eing call tnd utionim dome Bre ent,`uithang ata slim,disposals.
<br /> disbiasieg oanngn n g t ag recreational
<br /> q r pment
<br /> O i p and a cooling,ani w ,gs,electro gasandand sap machinery, u irad equipment equipment
<br /> (whether
<br /> control dquipm ut or to y with hers,a d idf
<br /> eiorefrigerators d Debt nit gein)and end ther uul ofe al he he and of toe electrical.. ems and sanitary w facilities,t utility.and and ,fuel ,whether owned individuallyuesupply
<br /> ndall with others,and, 0 ed jontly,a the anent of Debnr'esin utst Ins,to and
<br /> N N m nth Lim.than r ed an storm
<br /> tanks,w supply, ear power rine fuels lone,fuel ankh,fuel agplt•o all other°am..s,all not with eel accessions,loy which
<br /> is are en r glosso-
<br /> s,betterments assubei pto for any tf the I easement.,
<br /> 'ggerhdthe proceeds ora the oaf st eollettrvely.the 'Fixturap 1.Notwithstanding the Itrepaing,'Fixturei shall not include any prOpeM which nna rue entitled t0
<br /> IP we pursuant pty Lituexcept,hem the extent thaectebt Debtorshell
<br /> chhine,tight
<br /> t toeinter.,
<br /> uppliesra franchises,!lenses,certificates and permits,and aII F
<br /> NU
<br /> arson Properly.All furniture,furnishings,cbl a r di ry good.,r supplies,ns of appliances,Uniform
<br /> intangibles, r rights,accounts,n e receivable,
<br /> personal I pw'ioh al any located kind m character about the.s art, m end projeg a the gather with of the Unsend Commereml Code,ndvsubher ts thereto
<br /> he ret or therefor
<br /> other a than Fixtures,which are,taw er.hereafter nee by
<br /> and
<br /> Debtor and which e so hon in nd tot nye Land and the ro Improvements,together s b.o all any
<br /> security
<br /> replacements as and substitutionsiUorm Commercial Code,
<br /> and the proceeds d thereof ed by the state
<br /> the restates ere any
<br /> 3 d the right lite and interest of Dewar in end l any 01 free personal Property lien of may Security
<br /> subject to atty ancbry iotcreds,a defined in the above,Cammersial Code,ae adopted end enacted by the stale or states where 01
<br /> r N heonee en is Rented he Lease.w Commercial Code.),ueeriur inliento free 0f this S any pe Aonfor m andfed l If U.S.C..and pseuds of the heave;
<br /> Ia Leases end Renta ThetsLease,whether assigns
<br /> before or neer the filing by d against Dewar h ulimitation,
<br /> far relic under 1e UOed1 et eun er the came may be amended fromthe time to time the obligations
<br /> Code')and n rigght,rents,and int of Debtor, end as ig•here and)degas or o including,without • ,cash r securities n p and
<br /> the
<br /> thereunder ton ewe the perform a by the lee of he bleb thereunder d r and anll yenta,
<br /> •� lion lot 1.rents,
<br /> n sat and profits(including.l til and and other minerallwroyalties and hnuays]fromelior the le ed the the n6k 10 1.0 whether polyiaccruing before or ales the filing bytatr against Debtor of any 200E
<br /> � w Lase / relief underrrevenue.,
<br /> Bankruptcy Code Ies II ct the Renzi 1 all proceeds from he sale o ooh dispose.f the Leese and right to receive and apply the Renis lope payment of the Dcbt
<br /> i:.: u e Ii)Condemnation Awards. All Awards which may heretofore and hereafter be made with respect to the Property.whether from the exercise of the eight tl eminent domain(including but not limited to,any transfer made an lieu of
<br /> /� anticipation of the eat the rhgy or for a change of grade,or for a ond,rother injury It a decrease in the value 0I the Pmpwit t
<br /> a IRInsu an Proceeds.All Insurance Proceeds In roped of the Property der am'Petioles covering he Property.including,without Kimitaraan. the right to receive d apPM the proceeds f any Poyciee.judgments,or wale-
<br /> talents made in Aeu thereof.in connection with a Casualty to the Property;any Cameron. All refunds.rebates or credits in connection ction With reduction an Taxes r Other Charges charged against the Property, / wf
<br /> IN Conversion.All proceeds of the emersarn,voluntary involuntary,of any 01 the foregoing including,without limitation,Insurance Proceeds and Awards,into cash o liquidation claims; �/
<br /> (m)Rights. The fight,in the name and on behalf of Reeler,to apps d defend any action or proceeding brought with respect to the Property and to commence any aoien o proceeding to protect the interest of Secured Party in VVV��`888
<br /> Q the Property.(n)Agreement,To the extent awned by Debtor,in al agreements centrcertificates,Instruments,franchisee,permit,licenses,plans,specifications and other documents,now or hereafterentered" ,
<br /> and all ngins therein and thereto, spading pertaining to the use,occupation,construction,management or operation of the Land and any part thereof and a Improvements or any business or atnety conducted on the
<br /> verb es Laor nd
<br /> red d y pan thereof and all right title and interest of Debtor therein and thereunder, ducting without limitation,the night upon the happening of any default hereunder,to receive and collect any sums payable t0 Debl-
<br /> r I r the Rights.Any and all other 110115 of Debtor an and to the items ed forth an Subsections nal through(rel above.
<br /> _` Said sale l be made pursuant to and an order to satisfy rte terms of said Final Judgment of Foreclosure.
<br /> 1 t iI z erg Any person claiming an interest in the surplus from the sale,H any,other than the property owner as of the date of die lie pendens must file a claim within 60 days after the sale.
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