Keywords:
PUBLIC NOTICE
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NOTICE OF SALE
NOTICE IS HEREBY GIVEN that pursuant to an Order and Judgment (the Judgment) of the United States District Court for the Eastern District of Louisiana, filed in the office of the Clerk of that Court on December 20, 2021, in the cause entitled Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Carbon Capital VI Commercial Mortgage 2019-FL2 Trust Commercial Mortgage Pass-Through Certificates, Series 2019-FL2 v. HM Hotel Owner, LLC, et al., Docket No. 2:21-cv-01662, I will offer at public sale the following real property (collectively, the Land) legally described as follows:
TRACT 1:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE PARISH OF ORLEANS, STATE OF LOUISIANA, AND IS DESCRIBED AS FOLLOWS:
GROUND LEASE (LAND ONLY)
THAT CERTAIN LEASEHOLD ESTATE created by that certain Ground Lease Agreement dated December 12, 2014, by ABEJ, L.L.C., as Lessor, and HM Hotel Owner, LLC, as Lessee, as evidenced by Notice of Lease dated December 12, 2014, and recorded under Instrument No. 2014- 50508, CIN 567654 on December 16, 2014, demising and letting the premises described as follows:
A CERTAIN SQUARE OF GROUND, situated in the FIRST DISTRICT of the City of New Orleans, State of Louisiana, designated as SQUARE NO. 59, and which said square is bounded by Notre Dame, Commerce, Girod, and Tchoupitoulas Streets, and has a frontage on Notre Dame Street of Two Hundred Two (202) feet, ten (10) inches, six (6) eighths, a frontage on Commerce Street of Two Hundred Thirty-five (235) feet, nine (9) inches, four (4) eighths, a frontage on Girod Street of One Hundred Ninety three (193) feet, two (2) inches, three (3) eighths, and a frontage on Tchoupitoulas Street of Two Hundred Thirty-three (233) feet, ten (10) inches, all in accordance with a survey made by Gandolfo Kuhn, L.L.C., dated October 18, 2018, Job No. 680-15, Drawing No. N-33-6.
LESS AND EXCEPT the improvements, buildings, structures, other constructions, and all component parts and fixtures located on the Land.
FULL OWNERSHIP (IMPROVEMENTS ONLY)
THOSE BUILDINGS AND IMPROVEMENTS LOCATED ON THAT CERTAIN SQUARE OF GROUND, situated in the FIRST DISTRICT of the City of New Orleans, State of Louisiana, designated as SQUARE NO. 59, and which said square is bounded by Notre Dame, Commerce, Girod, and Tchoupitoulas Streets, and has a frontage on Notre Dame Street of Two Hundred Two (202) feet, ten (10) inches, six (6) eighths, a frontage on Commerce Street of Two Hundred Thirty-five (235) feet, nine (9) inches, four (4) eighths, a frontage on Girod Street of One Hundred Ninety-three (193) feet, two (2) inches, three (3) eighths, and a frontage on Tchoupitoulas Street of Two Hundred Thirty-three (233) feet, ten (10) inches, all in accordance with a survey made by Gandolfo Kuhn, L.L.C., dated October 18, 2018, Job No. 680-15, Drawing No. N-33-6.
SUBLEASE/ OPERATING LEASE (LAND AND IMPROVEMENTS)
THAT CERTAIN LEASEHOLD ESTATE created by that certain Amended and Restated Lease Agreement dated December 16, 2014, by HM Hotel Owner, LLC, as Lessor, and HM Hotel Lessee, LLC, as Lessee, as evidenced by Notice of Lease dated December 16, 2014, recorded under Instrument No. 2014-50509, CIN 567655 on December 16, 2014, demising and letting the premises described as follows:
A CERTAIN SQUARE OF GROUND, together with all buildings and improvements thereon, situated in the FIRST DISTRICT of the City of New Orleans, State of Louisiana, designated as SQUARE NO. 59, and which said square is bounded by Notre Dame, Commerce, Girod, and Tchoupitoulas Streets, and has a frontage on Notre Dame Street of Two Hundred Two (202) feet, ten (10) inches, six (6) eighths, a frontage on Commerce Street of Two Hundred Thirty-five (235) feet, nine (9) inches, four (4) eighths, a frontage on Girod Street of One Hundred Ninety-three (193) feet, two (2) inches, three (3) eighths, and a frontage on Tchoupitoulas Street of Two Hundred Thirty-three (233) feet, ten (10) inches, all in accordance with a survey made by Gandolfo Kuhn, L.L.C., dated October 18, 2018, Job No. 680-15, Drawing No. N-33-6.
TRACT 2:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE PARISH OF ORLEANS, STATE OF LOUISIANA, AND IS DESCRIBED AS FOLLOWS:
GROUND LEASE (LAND ONLY)
THAT CERTAIN LEASEHOLD ESTATE created by that certain Ground Lease Agreement dated December 16, 2014, by ABEJ, L.L.C., as Lessor, and PM Hotel Owner, LLC, as Lessee, as evidenced by Notice of Lease dated December 16, 2014, recorded under Instrument No. 2014-50522, CIN 567661 on December 16, 2014, demising and letting the premises described as follows:
Lot PM 1: A CERTAIN PIECE OR PORTION OF GROUND, situated in the First Municipal District of the City of New Orleans, State of Louisiana in Square No. 226, bounded by Baronne, Common, Carondelet and Canal Streets, and designated as Lot PM1 on a plan of resubdivision by Gandolfo Kuhn, L.L.C., Dwg. No. P-17-1, dated January 19, 2001, last re-dated May 15, 2002, approved by City Planning Commission under Subdivision Docket No. 28/01 on May 24, 2002, registered as Declaration of Title change by Subdivision, on June 13, 2002, as CIN 238162. And according to said plan, said Lot PM1 is more particularly described as follows:
Begin at the intersection of the southeasterly right of way line of Baronne Street and the northerly right of way line of Common Street, and proceed N464210 E on the southeasterly line of Baronne Street, a distance of 127 feet 5 and 3/8 inches;
Thence S 431314 E, a distance of 136 feet and 2/8 inch;
Thence S 563520 E, a distance of 12 feet 7 and 4/8 inches;
Thence S 815905 E, a distance of 21 feet 9 inches;
Thence N 392325 E, a distance of 43 feet 9 and 1/8 inches;
Thence N 311223 E, a distance of 27 feet 1 and 6/8 inches;
Thence N 384100 E, a distance of 60 feet 5 and 7/8 inches;
Thence S 524010 E, a distance of 63 feet 11 and 5/8 inches;
Thence S 384100 W, a distance of 62 feet 7 and 2/8 inches;
Thence S 511405 E, a distance of 23 feet 4 and 7/8 inches;
Thence S 381443 W, a distance of 35 feet 3 inches;
Thence S 511412 E, a distance of 104 feet 2 and 7/8 inches to the northwesterly line of Carondelet Street;
Thence along said line S 3841 00 W, a distance of 22 feet;
Thence N 512420 W, a distance of 119 feet 9 and 7/8 inches;
Thence S 284320 W, a distance of 85 feet to the northerly line of Common Street;
Thence along said line N 6130 00 W, a distance of 271 feet 8 and 5/8 inches to the Point of Beginning.
As shown on survey prepared by Gandolfo Kuhn, L.L.C. dated October 18, 2018, Job No. 680-14; Drawing No. X-25-2.
Together with those incorporeal rights created as follows:
1. Destination of Owner (Predial Servitude) by Jesuit High School of New Orleans dated February 8, 1995, recorded under Notarial Archives No. 1995-06406, CIN 100138 on February 9, 1995 (Servitude No. 1).
2. Servitude of View granted by Jesuit High School of New Orleans to 150 Baronne Street Limited Partnership dated January 26, 1996, recorded under Notarial Archives No. 1996-05812, CIN 117110, COB 947, folio 513 on January 29, 1996 (Servitude No. 2).
3. Grant of Servitude by Jesuit High School of New Orleans to 150 Baronne Street Limited Partnership dated January 26, 1996, recorded under Notarial Archives No. 1996-05813, CIN 117111, COB 947, folio 520 on January 29, 1996 (Servitude No. 3).
4. Notarial Act of Covenant Running with Land by The Boston Club of New Orleans dated January 21, 2000, recorded under Notarial Archives No. 2000-04074, CIN 192107 on January 24, 2000 (Servitude No. 4).
LESS AND EXCEPT the improvements, buildings, structures, other constructions, and all component parts and fixtures located on the Land.
FULL OWNERSHIP (IMPROVEMENTS ONLY)
THOSE BUILDINGS AND IMPROVEMENTS LOCATED ON THAT CERTAIN PIECE OR PORTION OF GROUND, situated in the First Municipal District of the City of New Orleans, State of Louisiana in Square No. 226, bounded by Baronne, Common, Carondelet and Canal Streets, and designated as Lot PM1 on a plan of resubdivision by Gandolfo Kuhn, L.L.C., Dwg. No. P-17-1, dated January 19, 2001, last re-dated May 15, 2002, approved by City Planning Commission under Subdivision Docket No. 28/01 on May 24, 2002, registered as Declaration of Title change by Subdivision, on June 13, 2002, as CIN 238162. And according to said plan, said Lot PM1 is more particularly described as follows:
Begin at the intersection of the southeasterly right of way line of Baronne Street and the northerly right of way line of Common Street, and proceed N464210 E on the southeasterly line of Baronne Street, a distance of 127 feet 5 and 3/8 inches;
Thence S 431314 E, a distance of 136 feet and 2/8 inch;
Thence S 563520 E, a distance of 12 feet 7 and 4/8 inches;
Thence S 815905 E, a distance of 21 feet 9 inches;
Thence N 392325 E, a distance of 43 feet 9 and 1/8 inches;
Thence N 311223 E, a distance of 27 feet 1 and 6/8 inches;
Thence N 384100 E, a distance of 60 feet 5 and 7/8 inches;
Thence S 524010 E, a distance of 63 feet 11 and 5/8 inches;
Thence S 384100 W, a distance of 62 feet 7 and 2/8 inches;
Thence S 511405 E, a distance of 23 feet 4 and 7/8 inches;
Thence S 381443 W, a distance of 35 feet 3 inches;
Thence S 511412 E, a distance of 104 feet 2 and 7/8 inches to the northwesterly line of
Carondelet Street;
Thence along said line S 3841 00 W, a distance of 22 feet;
Thence N 512420 W, a distance of 119 feet 9 and 7/8 inches;
Thence S 284320 W, a distance of 85 feet to the northerly line of Common Street;
Thence along said line N 6130 00 W, a distance of 271 feet 8 and 5/8 inches to
the Point of Beginning.
As shown on survey prepared by Gandolfo Kuhn, L.L.C. dated October 18, 2018, Job No. 680-14; Drawing No. X-25-2.
Together with those incorporeal rights created as follows:
1. Destination of Owner (Predial Servitude) by Jesuit High School of New Orleans dated February 8, 1995, recorded under Notarial Archives No. 1995-06406, CIN 100138 on February 9, 1995 (Servitude No. 1).
2. Servitude of View granted by Jesuit High School of New Orleans to 150 Baronne Street Limited Partnership dated January 26, 1996, recorded under Notarial Archives No. 1996-05812, CIN 117110, COB 947, folio 513 on January 29, 1996 (Servitude No. 2).
3. Grant of Servitude by Jesuit High School of New Orleans to 150 Baronne Street Limited Partnership dated January 26, 1996, recorded under Notarial Archives No. 1996-05813, CIN 117111, COB 947, folio 520 on January 29, 1996 (Servitude No. 3).
4. Notarial Act of Covenant Running with Land by The Boston Club of New Orleans dated January 21, 2000, recorded under Notarial Archives No. 2000-04074, CIN 192107 on January 24, 2000 (Servitude No. 4).
SUBLEASE/ OPERATING LEASE (LAND AND IMPROVEMENTS)
THAT CERTAIN LEASEHOLD ESTATE created by that certain Amended and Restated Lease Agreement dated December 16, 2014, by PM Hotel Owner, LLC, as Lessor, and PM Hotel Lessee, LLC, as Lessee, as evidenced by Notice of Lease dated December 16, 2014, recorded under Instrument No. 2014-50523, in CIN 567662 on December 16, 2014, demising and letting the premises described as follows:
Lot PM 1: A CERTAIN PIECE OR PORTION OF GROUND, together with all the buildings and improvements thereon situated in the First Municipal District of the City of New Orleans, State of Louisiana in Square No. 226, bounded by Baronne, Common, Carondelet and Canal Streets, and designated as Lot PM1 on a plan of resubdivision by Gandolfo Kuhn, L.L.C., Dwg. No. P-17-1, dated January 19, 2001, last re-dated May 15, 2002, approved by City Planning Commission under Subdivision Docket No. 28/01 on May 24, 2002, registered as Declaration of Title change by Subdivision, on June 13, 2002, as CIN 238162. And according to said plan, said Lot PM1 is more particularly described as follows:
Begin at the intersection of the southeasterly right of way line of Baronne Street and the northerly right of way line of Common Street, and proceed N464210 E on the southeasterly line of Baronne Street, a distance of 127 feet 5 and 3/8 inches;
Thence S 431314 E, a distance of 136 feet and 2/8 inch;
Thence S 563520 E, a distance of 12 feet 7 and 4/8 inches;
Thence S 815905 E, a distance of 21 feet 9 inches;
Thence N 392325 E, a distance of 43 feet 9 and 1/8 inches;
Thence N 311223 E, a distance of 27 feet 1 and 6/8 inches;
Thence N 384100 E, a distance of 60 feet 5 and 7/8 inches;
Thence S 524010 E, a distance of 63 feet 11 and 5/8 inches;
Thence S 384100 W, a distance of 62 feet 7 and 2/8 inches;
Thence S 511405 E, a distance of 23 feet 4 and 7/8 inches;
Thence S 381443 W, a distance of 35 feet 3 inches;
Thence S 511412 E, a distance of 104 feet 2 and 7/8 inches to the northwesterly line of
Carondelet Street;
Thence along said line S 3841 00 W, a distance of 22 feet;
Thence N 512420 W, a distance of 119 feet 9 and 7/8 inches;
Thence S 284320 W, a distance of 85 feet to the northerly line of Common Street;
Thence along said line N 6130 00 W, a distance of 271 feet 8 and 5/8 inches to
the Point of Beginning.
As shown on survey prepared by Gandolfo Kuhn, L.L.C. dated October 18, 2018, Job No. 680-14; Drawing No. X-25-2.
Together with those incorporeal rights created as follows:
1. Destination of Owner (Predial Servitude) by Jesuit High School of New Orleans dated February 8, 1995, recorded under Notarial Archives No. 1995-06406, CIN 100138 on February 9, 1995 (Servitude No. 1).
2. Servitude of View granted by Jesuit High School of New Orleans to 150 Baronne Street Limited Partnership dated January 26, 1996, recorded under Notarial Archives No. 1996-05812, CIN 117110, COB 947, FOLIO 513 on January 29, 1996 (Servitude No. 2).
3. Grant of Servitude by Jesuit High School of New Orleans to 150 Baronne Street Limited Partnership dated January 26, 1996, recorded under Notarial Archives No. 1996-05813, CIN 117111, COB 947, folio 520 on January 29, 1996 (Servitude No. 3).
4. Notarial Act of Covenant Running with Land by The Boston Club of New Orleans dated January 21, 2000, recorded under Notarial Archives No. 2000-04074, CIN 192107 on January 24, 2000.
The foregoing Land, and improvements thereon, will be sold together with all personal property (collectively, with the Land, the Property) further identified in that certain Leasehold Mortgage, Pledge of Leases and Rents and Security Agreement recorded with Orleans Parish recorder of mortgages on November 2, 2018, as Instrument No. 2018-42552 and that certain Leasehold Mortgage, Pledge of Leases and Rents and Security Agreement recorded with the Orleans Parish recorder of mortgages on November 2, 2018, as Instrument No. 2018-42558.
The forgoing Property is commonly known as the Renaissance New Orleans Arts Warehouse District Hotel, located at 700 Tchoupitoulas Street, New Orleans, Louisiana and the Renaissance New Orleans Pere Marquette French Quarter Area Hotel, located at 817 Common Street, New Orleans, Louisiana.
The sale will occur at the Parish Courthouse Lobby of the United States District Court for the Eastern District of Louisiana, 500 Poydras Street, New Orleans, Louisiana 70130, at 10:00 a.m. on Wednesday, September 21, 2022.
The terms and conditions of this sale are:
The minimum bid amount is two-thirds (2/3) of the Propertys appraised value.
The Property is to be sold As is.
Ten percent (10%) of the highest bid is due to the U.S. Marshals Service on the date of the sale, which will be forfeited if the balance is not paid within ten (10) days.
Payments must be in the form of a Certified Check or Cashiers Check.
Plaintiff Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Carbon Capital VI Commercial Mortgage 2019-FL2 Trust Commercial Mortgage Pass-Through Certificates, Series 2019-FL2 may bid for and acquire the Property by crediting against the net sales price, after deducting therefrom the expenses of the sale and the cost of the action and any other sums which Plaintiff is authorized to deduct, the Judgment amount.
Dated: August 10, 2022
Scott P. Illing
United States Marshal
Eastern District of Louisiana
By: /s/ Beth Varley
Admiralty Specialist/Civil Process
U.S. Marshal Service
89645-aug 13-20-27-sept 3-4t