11-05278

FIRST INSERTION
NOTICE OF SALE PURSUANT
TO CHAPTER 45
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
Case No.: 2010-CA-147745
OSM-LOR, LLC, a Minnesota
limited liability company,
Plaintiff, vs.
PALAZZO DI ORO TIC - ARTHUR, LLC, a Florida limited liability company, PALAZZO DI ORO TIC - LANDEN, LLC, a Florida limited liability company; PALAZZO DI ORO TIC - HANELINE, LLC, a Florida limited liability company; PALAZZO DI ORO TIC - SW&PB, LLC, a Florida limited liability company; PALAZZO DI ORO
TIC - KOESTERS, LLC, a Florida limited liability company;
PALAZZO DI ORO TIC - WANG, LLC, a Florida limited liability company; PALAZZO DI ORO
TIC - JACQUES, LLC, a Florida limited liability company;
PALAZZO DI ORO TIC - SOLIS, LLC, a Florida limited liability company; PALAZZO DI ORO
TIC - CARROZZA, LLC, a Florida limited liability company;
PALAZZO DI ORO TIC - LIU, LLC, a Florida limited liability company; PALAZZO DI ORO TIC - PAGE, LLC, a Florida limited liability company; PALAZZO DI ORO
TIC - BURNS, LLC, a Florida
limited liability company;
PALAZZO DI ORO TIC - SSP, LLC, a Florida limited liability company; PALAZZO DI ORO
TIC - YACOBIAN, LLC, a Florida limited liability company;
PALAZZO DI ORO
TIC - MCINTOSH, LLC, a Florida limited liability company;
PALAZZO DI ORO TIC - BURKE, LLC, a Florida limited
liability company; PALAZZO DI ORO PROPERTY COMPANY, LLC, a Florida limited liability company; PALAZZO DI ORO TIC - SPIEGEL, LLC, a Florida limited liability company; SENIOR CARE GROUP, INC., a Pennsylvania nonprofit
corporation; PALAZZO DI ORO TIC - BERNARD, LLC, a Florida limited liability company;
PALAZZO DI ORO TIC - CRISPIN, LLC, a Florida limited liability company; PALAZZO DI ORO
TIC - APSCO, LLC, a Florida
limited liability company;
PALAZZO DI ORO
TIC - WYDOWN, LLC, a Florida limited liability company; DAVID R. VAUGHAN, an individual; SCG PALAZZO OPERATOR, LLC, a Florida limited liability company; and SCG PALAZZO
MANAGEMENT, LLC, a Florida limited liability company,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Summary Final Judgment of Foreclosure as to Count 1 entered on August 4, 2011 in Case No. 2010-CA-14775, in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, that I will sell to the highest and best bidder via on-line at www.pinellas.realforeclose.com on, September 6, 2011, at the hour of 10:00 a.m., the property described as follows:
See Exhibit “A” attached hereto.
EXHIBIT “A”
A portion of Lots 1, 2 and 3, Block C, LAKEWOOD OFFICE PARK, according to the plat thereof recorded in Plat Book 57, Pages 39 and 40, Public Records of Pinellas County, Florida, more particularly described as follows:
Commencing at the intersection of the East right of way line of 34th Street South (U.S. Highway No. 19) and the South right of way line of 36th Avenue South, the Point of Beginning; run along the South right of way line of said 36th Avenue South, by a curve to the right having a radius of 30.00 feet, a central angle of 73°52'43”, an arc distance of 38.68 feet, a chord distance of 36.06 feet, and a chord bearing of North 37°08'07” East; run thence along the North lines of Lots 1, 2 and 3, Block C, Lakewood Office Park, as recorded in Plat Book 57, Pages 39 and 40, Public Records of Pinellas County, Florida, said North line also being said South right of way line of 36th Avenue South, North 74°04'29” East, 591.76 feet; continue thence by a curve to the right having a radius of 100.00 feet, a central angle of 28°06'53”, an arc distance of 49.07 feet, a chord distance of 48.59 feet, and a chord bearing of North 88°07'55” East, along the North line of said Lot 3 and South right of way line of 36th Avenue South; continue thence along said North line of said Lot 3 and South right of way line of 36th Avenue South, South 77°48'38” East, 69.79 feet to the Northeast corner of said Lot 3; run thence South 00°00'44” West, 511.26 feet along the East line of said Lot 3; run thence North 89°59'16” West, 435.00 feet along a line lying 100.00 feet North of and parallel to the North right of way line of 38th Avenue South (said right of way line also being the South line of said Lots 1, 2 and 3, Block C); run thence South 00°00'44” West 100.00 feet; run thence North 89°59'16” West 25.00 feet along said North right of way line of 38th Avenue South; run thence North 00°00'44” East 100.00 feet; run thence North 89°59'16” West 28.49 feet along a line lying 100.00 feet North of and parallel to the North right of way line of said 38th Avenue South; run thence North 00°00'44” East 40.00 feet; run thence North 89°59'16” West 220.00 feet along a line lying 140.00 feet North of and parallel to the North right of way line of said 38th Avenue South, to a point on the East right of way line of 34th Street South (U.S. Highway No. 19), (said right of way line also being the West line of Lot 1, Block C); run thence along said East right of way line of 34th Street South, North 00°11'46” East, 293.14 feet to the intersection with the South right of way line of said 36th Avenue South, the POINT OF BEGINNING.
TOGETHER WITH:
All tangible personal property, intangible personal property and fixtures described in the subject Loan Documents including, but not limited to that certain Mortgage and Security Agreement, which instrument was recorded on June 4, 2007 in Official Records Book 15821, Page 277, Public Records of Pinellas County, Florida; that certain Assignment of Leases and Rents, which instrument was recorded on June 4, 2007, in Official Records Book 15821, Page 329, Public Records of Pinellas County, Florida ; that certain Indemnity Agreement dated on or about May 29, 2007 attached to the Complaint in this action as Exhibit “G”. that certain Assignment of Licenses, Permits and Contracts dated on or about May 29, 2007, attached to the Complaint in this action as Exhibit “H”; that certain Subordination of Management Agreement dated on or about May 29, 2007 attached to the Complaint in this action as Exhibit “I”; that certain Collateral Assignment of Management Agreement dated on or about May 29, 2007 attached to the Complaint in this action as Exhibit “J”; that certain Assignment and Pledge of Deposit Account dated on or about May 29, 2007 attached to the Complaint in this action as Exhibit “K”; that certain Assignment and Pledge of Deposit Account dated on or about May 29, 2007 attached to the Complaint in this action as Exhibit “L”; that certain Assignment and Pledge of Deposit Account dated on or about May 29, 2007 attached to the Complaint in this action as Exhibit “M”; that certain Deposit Account Control Agreement dated on or about May 29, 2007 attached to the Complaint in this action as Exhibit “N”; that certain Agreement to Amend or Comply dated on or about May 29, 2007 attached to the Complaint in this action as Exhibit “O”; that certain Guaranty Mortgage and Security Agreement dated on or about August 23, 2007, which instrument was recorded in Book 15949, Page 318, Public Records of Pinellas County, Florida; that certain Uniform Commercial Code Financing Statement with the Florida Secured Transaction Registry under File Number 200705674671, as assigned pursuant to that certain Uniform Commercial Code Financing Statement assignment filed with the Florida Secured Transaction Registry under File Number 201003177717; that certain Uniform Commercial Code Financing Statement with the Florida Secured Transaction Registry under File Number 200808002684, as assigned pursuant to that certain Uniform Commercial Code Financing Statement Assignment filed with the Florida Secured Transaction Registry under File Number 201003177709; that certain Uniform Commercial Code Financing Statement with the Florida Secured Transaction Registry under File Number 200808002684, as assigned pursuant to that certain Uniform Commercial Code Financing Statement Assignment filed with the Florida Secured Transaction Registry under File Number 201003177709; that certain Uniform Commercial Code Financing Statement with the Florida Secured Transaction Registry under File Number 20070567468X, as assigned to pursuant to that certain Uniform Commercial Code Financing Statement Assignment filed with the Florida Secured Transaction Registry under File Number 201003177725; that certain Uniform Commercial Code Financing Statement in Official Records Book 15821, Page 359, Public Records of Pinellas County, Florida, as assigned pursuant to that certain Uniform Commercial Code Financing Statement Assignment recorded in Official Records Book 17012, Page 1591, Public Records of Pinellas County, Florida; that certain Uniform Commercial Code Financing Statement in Official Records Book 15949, Page 351, Public Records of Pinellas County, Florida, as assigned pursuant to that certain Uniform Commercial Code Financing Statement Assignment recorded in Official Records Book 17012, Page 1593, Public Records of Pinellas County, Florida; that certain Uniform Commercial Code Financing Statement in Official Records Book 15949, Page 351, Public Records of Pinellas County, Florida, as assigned pursuant to that certain Uniform Commercial Code Financing Statement Assignment recorded in Official Records Book 17012, Page 1593, Public Records of Pinellas County, Florida; that certain Uniform Commercial Code Financing Statement in Official Records Book 15821, Page 379, Public Records of Pinellas County, Florida, as assigned pursuant to that certain Uniform Commercial Code Financing Statement Assignment in Official Records Book 17012, Page 1592, Public Records of Pinellas County, Florida; that certain Assignment of Collateral Documents dated as of June 14, 2010, by and between Marshall Investments Corporation and OSM-LOR, LLC, and recorded on July 28, 2010, in Official Records Book 16984, Page 1638 of the Public Records of Pinellas County, Florida.
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.
Dated at Orlando, Florida, this 18th day of July, 2011.
NOTICE PURSUANT TO
THE AMERICANS WITH
DISABILITIES ACT
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Human Rights Office. 400 S. Ft. Harrison Ave., Ste. 500 Clearwater, FL 33756, (727) 464-4880(v) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing impaired call 711. The court does not provide transportation and cannot accommodate for this service. Persons with disabilities needing transportation to court should contact their local public transportation providers for information regarding transportation services.
ZACHARY J. BANCROFT, Esq.
Florida Bar No. 0145068
LOWNDES, DROSDICK, DOSTER, KANTOR & REED, P.A.
Post Office Box 2809
Orlando, Florida 32802-2809
Phone: (407) 843-4600
Fax: (407) 843-4444
Email: [email protected]
Attorneys for Plaintiff
August 12, 19, 2011 11-05278