NOTICE OF SALE
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-26-002165
EMERALD CREEK CAPITAL 3, LLC,
a New York Limited Liability Company,
Plaintiff,
v.
BNH IV HM TRI LLC, a Florida Limited
Liability Company, 1159 HILLSBORO
MILE LLC, a Florida Limited Liability
Company, DANIEL LEBENSOHN,
GREGORY FREEDMAN, and
AQUABLISS POOL SERVICES, INC.,
Defendants.
NOTICE IS HEREBY GIVEN that, in accordance with the Final Judgment of Foreclosure, dated April 23, 2026 entered in Case No. CACE026002165 of the Circuit Court of the Eleventh Judicial Circuit in and for Broward County, Florida, wherein EMERALD CREEK CAPITAL 3, LLC is the plaintiff, and BNH IV HM TRI LLC, 1159 HILLSBORO MILE LLC, and AQUABLISS POOL SERVICES, INC., are the defendants, that the Clerk of Court of Broward County, the Clerk of Court of Broward County, Brenda D. Forman, will sell to the highest and best bidder for cash at www.broward.realforeclose.com, the Clerks website for on-line auctions at 10:00 A.M. on the 16 th day of July, 2026, the following described property as set forth in said Final Judgment, to wit:
The following described land, interests in land, estates, easements, rights, appurtenances, buildings, improvements, fixtures, furniture and appliances and other personal property (hereinafter all of the foregoing are sometimes collectively referred to as the Mortgaged Property as used herein, the term Grantor shall mean Debtor and the term Grantee shall mean Secured Party, and any other terms not herein defined shall have the definitions set forth in that certain Amended and Restated Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (the Instrument) from Debtor to or for the benefit of Secured Party conveying the Mortgaged Property):
1. The real property described as:
Parcel 1:
Parcel A of Sea Bonay Beach Resort, according to the Plat thereof, as recorded in Plat Book 140, Page 8, of the Public Records of Broward County, Florida.
Parcel 2:
All that part of Government Lot 4, of Section 8, Township 48 South, Range 43 East, lying between a line parallel to and 123 5 feet North of, measured at right angles, to the South line of said Section 8, and a line parallel to and 1335 feet North of, measured at right angles, to
the South line of said Section 8.
LESS the portion thereof described as Sea Bonay Beach Resort in Plat Book 140, Page 8, of the Public Records of Broward County, Florida.
LESS the road right-of-way for State Road A-1-A. (the Premises)
2. All buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter located on the Premises (hereinafter referred to collectively as, the Improvements);
3. All easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, liberties, tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises 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 Premises, 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 Mortgagor of, in and to the Premises and the Improvements and every part and parcel thereof, with the appurtenances thereto;
4. All machinery, equipment, fixtures (including but not limited to all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Mortgagor, or in which Mortgagor has or shall have an interest, now or hereafter located upon the Premises and Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Premises and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Mortgagor, or in which Mortgagor has or shall have an interest, now or hereafter located upon the Premises and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Premises and the Improvements (hereinafter, collectively, the Equipment), and the right, title and interest of Mortgagor in and to any of the Equipment 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 Mortgaged Property is located (hereinafter, the UCC);
5. All awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Mortgaged 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 said right), or for a change of grade, or for any other injury to or decrease in the value of the Mortgaged Property;
6. All Leases and all rents, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Premises and the Improvements (hereinafter referred to collectively as, 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;
7. All proceeds of and any unearned premiums on any insurance policies covering the Mortgaged 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 Mortgaged Property;
8. The right, in the name and on behalf of Mortgagor, to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to commence any action or proceeding to protect the interest of Mortgagee in the Mortgaged Property;
9. All general intangibles, including without limitation, payment intangibles, corporate or other business records and books, computer records whether on tape, disc or otherwise stored (including software embedded therein), abstracts of title, contract rights, accounts, building permits, surveys, engineering work, architectural plans and engineering plans, permits, licenses and approvals, payment and performance bonds, tax
refund claims, and agreements with utility companies, together with any deposits and deposit accounts, prepaid fees and charges paid thereon, now existing or hereinafter owned or obtained by or on behalf of Mortgagor with respect to the Premises; and
10. All other personal property, including without limitation, management contracts, construction contracts, architectural contracts, service contracts, engineering contracts, advertising contracts, contracts for purchase and sale of any of the Mortgaged Property, purchase orders, equipment leases, monies in escrow accounts, reservation agreements, prepaid expenses, deposits deposit accounts and down payments with
respect to additional real property for use or development of the Mortgaged Property, end-loan commitments, all brochures and advertising materials.
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.
Dated 6/11/2026
Attorney for Plaintiff
/s/ Kyle W. Ohlenschlaeger
Michael I. Kean, Esq.
Kyle W. Ohlenschlaeger, Esq.
Loren & Kean Law
7121 Fairway Drive, Suite 104
Palm Beach Gardens, FL 33418
Phone: (561) 615-5701
Fax: (561) 615-5708
Email: mkean@lorenkeanlaw.com
kohlenschlaeger@lorenkeanlaw.com
6/29/2026, 7/6/2026
89198