11-2134H

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 09-4228
GENERAL CIVIL DIVISION: G
GRANDE OASIS INVESTMENTS LP, a Delaware limited partnership
Plaintiff, vs.
CARROLLWOOD 26 HOLDINGS, LLC, a Florida limited liability company; ABBEY BERKOWITZ, an individual; GRANDE OASIS
AT CARROLLWOOD
CONDOMINIUM ASSOCIATION, INC., a Florida corporation;
WILLIAM G. KEARNS and LAURA M. KEARNS, individuals, husband and wife
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Stipulated Final Judgment of Foreclosure dated July 27th, 2011, entered in Case No. 09-CA-004228, in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, wherein GRANDE OASIS INVESTMENTS LP, is the Plaintiff, and CARROLLWOOD 26 HOLDINGS, LLC, and GRANDE OASIS AT CARROLLWOOD CONDOMINIUM ASSOCIATION, INC., are the Defendants, the Clerk shall offer for sale to the highest and best bidder for cash except as set forth hereinafter, on August 31st, 2011 at 2:00 P.M., on the 2nd Floor of the George E. Edgecomb Building, Room 201/202, located at 800 East Twiggs Street, in Tampa, Florida, the following described property situated in Hillsborough County, Florida as set forth in the Stipulated Final Judgment of Foreclosure, to wit:
See Exhibit “A” attached hereto.
EXHIBIT “A”
Collateral Description
All of Borrower's interest in and to the following property, rights, interests and estates now owned, or hereafter acquired by Borrower (collectively, the “Property”):
(a) The real property described on Exhibit “A-1” attached hereto and made a part hereof (the “Land”);
(b) All additional lands, estates and, subject to the qualifications and limitations set forth below, development rights, hereafter acquired by Borrower for use in connection with the Land and the development of the Land;
(c) The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the “Improvements”);
(d) 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/or 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, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
(e) All “equipment,” as such term is defined in Article 9 of the Uniform Commercial Code (as hereinafter defined), now owned or hereafter acquired by Borrower, which is used at or in connection with the Improvements or the Land or is located thereon or therein (including, but not limited to, all machinery, equipment, furnishings, and electronic data-processing and other office equipment now owned or hereafter acquired by Borrower and any and all additions, substitutions and replacements of any of the foregoing), together with all attachments, components, parts, equipment and accessories installed thereon or affixed thereto (collectively, the “Equipment”). Notwithstanding the foregoing, Equipment shall not include any property belonging to tenants under Leases (as hereinafter defined) except to the extent that Borrower shall have any right or interest therein;
(f) All Equipment now owned, or the ownership of which is hereafter acquired, by Borrower which is so related to the Land and/or the Improvements forming part of the Property that it is deemed fixtures or real property under the law of the particular state in which the Equipment is located, including, without limitation, all building or construction materials intended for construction, reconstruction, alteration or repair of or installation on the Property, construction equipment, appliances, machinery, plant equipment, fittings, apparatuses, fixtures and other items now or hereafter attached to, installed in or used in connection with (temporarily or permanently) any of the Improvements or the Land, including, but not limited to, engines, devices for the operation of pumps, pipes, plumbing, cleaning, call and sprinkler systems, fire extinguishing apparatuses and equipment, heating, ventilating, laundry, incinerating, electrical, air conditioning and air cooling equipment and systems, gas and electric machinery, appurtenances and equipment, pollution control equipment, security systems, disposals, dishwashers, refrigerators and ranges, recreational equipment and facilities of all kinds, and water, gas, electrical, storm and sanitary sewer facilities, utility lines and equipment (whether owned individually or jointly with others, and, if owned jointly, to the extent of Borrower's interest therein) and all other utilities whether or not situated in easements, all water tanks, water supply, water power sites, fuel stations, fuel tanks, fuel supply, and all other structures, together with all accessions, appurtenances, additions, replacements, betterments and substitutions for any of the foregoing and the proceeds thereof (collectively, the “Fixtures”). Notwithstanding the foregoing, “Fixtures” shall not include any property which tenants are entitled to remove pursuant to Leases, except to the extent that Borrower shall have any right or interest therein;
(g) All furniture, furnishings, objects of art, machinery, goods, tools, supplies, appliances, general intangibles, contract rights, accounts, accounts receivable, franchises, licenses, certificates and permits, and all other personal property of any kind or character whatsoever as defined in and subject to the provisions of the Uniform Commercial Code, whether tangible or intangible, other than Fixtures, which are now or hereafter owned by Borrower, together with all accessories, replacements and substitutions thereto or therefor and the proceeds thereof (collectively, the “Personal Property”), and the right, title and interest of Borrower 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 (as amended from time to time, the “Uniform Commercial Code”), superior in lien to the lien of the Mortgage and all proceeds and products of the above;
(h) All leases, subleases or subsubleases, lettings, licenses, concessions and other agreements (whether written or oral) pursuant to which any Person (as defined in the Mortgage) 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 (collectively, the “Leases”), whether before or after the filing by or against Borrower 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 Borrower, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the tenants of their obligations thereunder and all rents (including, without limitation, percentage rents), rent equivalents, moneys payable as damages (including payments by reason of the rejection of a Lease in a Bankruptcy Action) or in lieu of rent equivalents, additional rents, revenues (including all revenues from telephone services, laundry, vending, television and all receivables, customer obligations now existing or hereafter arising or created out of the lease, sublease, license, concession or other grant of the right of the use and occupancy of the Property or rendering of services by Borrower, or any of its respective agents or employees), issues and profits (including all oil and gas or other mineral royalties and bonuses), income, fees, receivables, deposits (including, without limitation, security, utility and other deposits), accounts and receipts from the Land and/or the Improvements whether paid or accruing before or after the filing by or against Borrower 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 (as defined in the Mortgage) and the performance of all of the other obligations due and owing by Borrower to Lender pursuant to the terms of the Loan Documents;
(i) All Awards (as defined in the Mortgage) 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 such right), or for a change of grade, or for any other injury to or decrease in the value of the Property;
(j) All Insurance Proceeds (as defined in the Mortgage) in respect of the Property under any Policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any Policies (as defined in the Mortgage), judgments, or settlements made in lieu thereof, in connection with a Casualty (as defined in the Mortgage) to the Property;
(k) All refunds, rebates or credits in connection with reduction in Taxes or Other Charges (as defined in the Mortgage) charged against the Property;
(l) 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;
(m) The right, in the name and on behalf of Borrower, 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 Plaintiff in the Property;
(n) All agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications and other documents (including, but not limited to, the Approved Sales Contracts, as such term is defined in the Mortgage), now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, conversion, management or operation of the Improvements and/or the Land and any part thereof, respecting any business or activity conducted in the Improvements and/or on the Land and any part thereof and all right, title and interest of Borrower therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Borrower thereunder;
(o) 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;
(p) All reserves, escrows and deposit accounts maintained by Borrower with respect to the Property, including, without limitation, all accounts established or maintained pursuant to the Loan Agreement, the Cash Management Agreement or any other Loan Document, together with all deposits or wire transfers made to such accounts 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, dividends and/or substitutions thereon and thereof;
(q) All right, title and interest of Borrower in and to that certain Confirmation (Reference Number 477734CF), dated August 8, 2007, between Borrower and Natixis Financial Products Inc., as the counterparty thereunder (the “Counterparty”) (together with that certain ISDA Master Agreement (Multicurrency-Cross Border) form deemed to have been executed by Borrower and the Counterparty concurrently with the Confirmation pursuant to the terms of such Confirmation (collectively, and as same may be amended, extended, replaced or otherwise modified from time to time, the “Interest Rate Cap Agreement”) together with all right, title and interest of Borrower in and to those certain payments, disbursements, distributions of proceeds owing, payable or required to be delivered to Borrower on account of the Interest Rate Cap Agreement and all proceeds of any and all of the foregoing, including, but not limited to, all “accounts”, “chattel paper”, “general intangibles” and “investment property” (as such terms are defined in the Uniform Commercial Code) constituting or relating to the foregoing;
(r) All products and proceeds of any of the foregoing; and
(s) Any and all other rights of Borrower in and to the items set forth in Subsections (a) through (r) above.
TOGETHER WITH:
(A) any and all contracts and agreements with architects, engineers, contractors, subcontractors, management agents, leasing agents, sales agents, service and maintenance agents, and other third parties (collectively, the “Contracting Parties” or, singularly, a “Contracting Party”), whether now existing or hereafter arising, relating to the design, conversion, construction, ownership, use, occupancy, possession, management, operation, leasing, sale (including any and all contracts of sale related to Units (as defined below) and any rights to any deposits and down payments thereunder), service, maintenance or repair of, or otherwise in respect of, the Property, including, without limitation, architect agreements, engineering agreements, construction contracts, subcontractor agreements, management agreements, leasing agreements, sales agency agreements, service contracts, equipment leases and personal property leases (collectively, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time, the “Contracts” or, singularly, a “Contract”);
(B) to the extent assignable under applicable law, any and all permits, licenses, franchises, certificates, consents and approvals (including, without limitation, all agreements, certificates of use and occupancy (or their equivalent) and applications and approvals issued by any Governmental Authority) relating to the design, conversion, construction, ownership, use, occupancy, management, operation, leasing, sale, maintenance or repair of, or otherwise in respect of, the Property (including, without limitation, those relating to any renovation work and to the ownership, operation, management, marketing and/or use of the Condominium as defined in the Loan Agreement), whether now existing or hereafter arising;
(C) any and all warranties and guaranties relating to the Property (including, without limitation, relating to any Unit and/or to any Renovation Work) or to any fixtures, equipment or personal property owned by Borrower and located on and/or used in connection with the Property, whether now existing or hereafter arising;
(D) any and all plans, specifications, drawings, insurance policies, warranties, guaranties, indemnities, appraisals, engineering, environmental, soil, and/or other reports and studies, tenant lists, books, records, correspondence, files and advertising and marketing materials, and other documents or instruments, relating to the Property, whether now existing or hereafter arising; and
(E) any and all cash and/or non-cash proceeds of any of the Contracts and/or any of the items set forth in the foregoing Paragraphs (B), (C) and (D), and all claims of Borrower with respect thereto, together with all right, title and interest of Borrower in and to any and all extensions and renewals of any of the foregoing.
TOGETHER WITH all of Borrower's right, title and interest in, to and under:
(A) contracts of sale (the “Sales Contracts”) for the sale of condominium units (hereinafter referred to collectively as the “Units” and individually as a “Unit') in the Property;
(B) down payment monies paid by purchasers of Units pursuant to the Sales Contracts (any and all such down payment monies hereinafter the “Contract Deposits”); and
(C) Gross Sales Proceeds (as defined in the Loan Agreement) derived from the sale of the Units pursuant to the Sales Contracts.
TOGETHER WITH all of the following rights of Borrower as “Developer” under that certain Declaration of Condominium Establishing Grande Oasis at Carrollwood, a Condominium recorded on February 9, 2006 in Official Records Book 16097, at Page 0420 of the Public Records of Hillsborough County, Florida, as amended (“Bulk Buyer Rights”); subject, however, to the qualifications and limitations as more particularly set forth below:
(i) the right to alter the interior design and/or floor plan of Units, as provided for by, inter alia, Section 4.02 of the Declaration, to the maximum extent such right is consistent with “bulk buyer” status under the “Statute” (as hereinafter defined);
(ii) the right to amend the Declaration to meet the requirements of any governmental agency or quasi-governmental corporation participating in the mortgage market, as provided for by, inter alia, Section 9.03 of the Declaration;
(iii) the right to assign parking spaces and garages to one or more of the Units, as provided for by, inter alia, Article XIII of the Declaration;
(iv) the right to be exempt from sales and leasing restrictions, as provided for by, inter alia, Section 15.11 of the Declaration;
(v) the rights, privileges and protections respecting sales, leasing and marketing activities in the Condominium and, with respect to the Units, as provided for by, inter alia, Article XXVII of the Declaration; and,
(vi) the rights, privileges and protections under Article XII, Section D, of the Articles of Incorporation of the Association with respect to amendments to the Articles, to the maximum extent such rights, privileges and protections are consistent with “bulk buyer” status under the Statute.
The assignment of the foregoing Bulk Buyer Rights is being made for the purposes of the foreclosure sale purchaser becoming and being a “bulk buyer” under, and as defined in, Part VII of Chapter 718, Florida Statutes (the “Statute”), and for such foreclosure sale purchaser to be afforded the relief and protections more particularly described therein provided to a “bulk buyer.”
NOTE: The term “Borrower” as used in this Exhibit “A” refers to Defendant, Carrollwood 26 Holdings, LLC, a Florida limited liability company.
EXHIBIT “A-1”
Legal Description
Those Condominium Units in GRANDE OASIS AT CARROLLWOOD, A CONDOMINIUM, together with an undivided interest in the common elements appurtenant thereto, according to the Declaration of Condominium thereof recorded in Official Records Book 16097, at Page 420, as amended from time to time, of the Public Records of Hillsborough County, Florida, described as follows:
Building 100:
Unit 123.
Building 200:
Units 201, 202, 203, 204, 205, 208, 209, 214, 215, 216, 219, 220, 222, 223, 224, 225, 226, 228, 229, 231, 233, 234, 235 and 236.
Building 300:
Units 301, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 317, 318, 319 and 321.
Building 400:
Units 401, 403, 404, 406, 408, 409, 410, 413, 415, 416, 417, 418, 419, 420, 421, 422 and 424.
Building 500:
Units 501, 504, 505, 506, 509, 513, 514 and 524.
Building 600:
Units 601, 602, 603, 604, 607, 608, 611, 614, 616, 617 and 620.
Building 700:
Units 701, 702, 703, 707, 708, 709, 711, 712, 715, 716, 717, 718, 719, 720, 721, 722, 723 and 724.
Building 800:
Units 802, 805, 806, 812, 814, 815, 816, 819 and 823.
Building 900:
Units 903, 905, 906, 907, 911, 912, 916, 917, 918, 919, 920, 922, 925, 926, 930, 931, 933 and 934.
Building 1000:
Units 1003, 1009, 1011, 1012, 1013, 1014 and 1017.
Building 1100:
Units 1102, 1103, 1107, 1112, 1113, 1116, 1117, 1121 and 1122.
Building 1200:
Units 1205, 1206, 1208, 1209, 1210, 1214, 1215, 1220 and 1224.
Building 1300:
Units 1301, 1302, 1304, 1305, 1310, 1311, 1312, 1315, 1318, 1320, 1322 and 1324.
Building 1400:
Units 1401, 1405, 1411, 1412, 1413, 1417, 1422 and 1424.
Building 1500:
Units 1508, 1509, 1513, 1516, 1523 and 1524.
Building 1600:
Units 1601, 1602, 1604, 1608, 1613, 1614, 1618, 1621 and 1622.
Building 1700:
Units 1704, 1707, 1715, 1723, 1725 and 1728.
Building 1800:
Units 1801, 1802, 1804, 1809, 1810, 1811, 1814, 1815, 1816, 1817, 1821 and 1824.
Building 1900:
Units 1902, 1908, 1909 and 1917.
Building 2000:
Units 2003, 2004, 2007, 2011, 2013, 2016, 2017, 2018, 2020, 2021, 2022 and 2023.
Building 2100:
Units 2102, 2104, 2105, 2110, 2113, 2115, 2117, 2118, 2121, 2124, 2125, 2128, 2131, 2133 and 2136.
Building 2200:
Units 2202, 2203, 2214, 2217, 2218, 2221 and 2224.
Building 2300:
Units 2303, 2304, 2307, 2311, 2312, 2313, 2314, 2317, 2318, 2319, 2321 and 2322.
Building 2400:
Units 2401, 2404, 2405, 2406, 2407, 2408, 2409, 2410, 2411, 2413, 2415, 2419, 2420, 2421, 2422 and 2424.
Building 2500:
Units 2502, 2505, 2509, 2511, 2512, 2514 and 2523.
Building 2600:
Units 2604, 2605, 2607, 2608, 2612, 2615, 2618, 2621, 2622 and 2624.
Building 2700:
Units 2701, 2703, 2704, 2705, 2707, 2708, 2711, 2712, 2713, 2714, 2715, 2717, 2718, 2721 and 2722.
Building 2800:
Units 2803, 2804, 2807, 2808, 2811, 2812, 2813, 2821 and 2822.
Building 2900:
Units 2902, 2904, 2907, 2908, 2911, 2913, 2914, 2916, 2917, 2921, 2922, 2923 and 2924.
Building 3000:
Units 3001, 3003, 3004, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3015, 3017, 3018, 3019, 3020 and 3022.
Building 3100:
Units 3102, 3103, 3104, 3105, 3106, 3108, 3109, 3110, 3111, 3112, 3113, 3114, 3115, 3116, 3117, 3118, 3119, 3121, 3122, 3123 and 3124.
Building 3200:
Units 3203, 3204, 3206, 3207, 3208, 3209, 3211, 3212, 3213, 3214, 3218, 3219, 3220, 3221, 3222, 3223 and 3224.
Building 3300:
Units 3301, 3304, 3305, 3307, 3308, 3309, 3310, 3311, 3312, 3313, 3314, 3316, 3317, 3318, 3319, 3320, 3322, 3323, 3324, 3325, 3326, 3327, 3328, 3331, 3332, 3333, 3334, 3335 and 3336.
Building 3400:
Units 3402, 3403, 3404, 3408, 3411, 3412, 3413, 3414, 3417, 3418, 3421 and 3422.
Building 3500:
Units 3506, 3507, 3508, 3509, 3512, 3513, 3515, 3516, 3517, 3518, 3519, 3520, 3521, 3522 and 3524.
Building 3600:
Units 3604, 3605, 3607, 3608, 3609, 3610, 3611, 3612, 3615, 3617, 3621, 3624, 3629, 3631, 3632, 3633, 3634, 3635 and 3636.
Building 3700:
Units 3702, 3703, 3704, 3705, 3706, 3708, 3709, 3710, 3711, 3712, 3713, 3714, 3716, 3717, 3720, 3721, 3722 and 3723.
Building 3800:
Units 3803, 3804, 3806, 3807, 3808, 3811, 3812, 3813, 3815, 3816, 3817, 3818 and 3820.
Building 3900:
Units 3901, 3903, 3904, 3907, 3908, 3912, 3913, 3914, 3916, 3917, 3918, 3921 and 3922.
Property Address: 8649 North Himes Avenue, Tampa, Florida 33614
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 within 60 days after the sale.
If you are a person with a disability who needs an accommodation, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation please contact the ADA Coordinator within seven working days of the date the service is needed; if you are hearing or voice impaired, call 711.
DATED THIS 28 day of July, 2011.
PAT FRANK
Clerk of the Court
( SEAL ) By: Felicia Patterson
Deputy Clerk
Eric S. Adams, Esq.
Shutts & Bowen LLP
100 S. Ashley Drive, Suite 1500 Tampa, FL 33602
August 5, 12, 2011 11-2134H