11-08387

FIRST INSERTION
NOTICE OF SALE
PURSUANT TO CHAPTER 45,
FLORIDA STATUTES
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT,
IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 11-5406 CI-15
MTGLQ INVESTORS L.P., a
Delaware limited partnership,
Plaintiff, vs.
TREASURE ISLAND
DEVELOPMENT, LLC, a Florida limited liability company' MARK 1 CONTRACTING, INC., a Florida corporation; MARK SULKOWSKI, an individual; HENRY R. SUAREZ, an individual; et al.
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure dated November 21, 2011, entered in Case No. 11-5406 CI-15 of the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida wherein MTGLQ INVESTORS L.P., a Delaware limited partnership, is the Plaintiff, and TREASURE ISLAND DEVELOPMENT, LLC, a Florida limited liability company, MARK 1 CONTRACTING, INC., a Florida corporation, MARK SULKOWSKI, an individual, HENRY R. SUAREZ, an individual, PROGRESS BANK, by and through its successor in interest BAY CITIES BANK, PALM HARBOR HOMES, INC., a Florida corporation a/k/a PALM HARBOR CONSTRUCTION, PRO-CRETE SYSTEMS, INC., a Florida corporation, BANNER SUPPLY COMPANY TAMPA, LLC, a Florida limited liability company a/k/a BANNER SUPPLY COMPANY-TAMPA, LLC, SRS ACQUISITION CORPORATION OF DELAWARE, a Delaware corporation d/b/a SUNCOAST ROOFERS SUPPLY, a Delaware corporation, HD SUPPLY CONSTRUCTION SUPPLY, LTD., a Florida limited partnership a/k/a HD SUPPLY WHITE CAP CONSTRUCTION SUPPLY, LTD., HENDRICK ROOFING, INC., a Florida corporation, SFG CONSTRUCTION SERVICES, LLC, a Florida limited liability company, NUCCIO HEATING & AIR CONDITIONING, INC., a Florida corporation, FIRE SAFETY, INC., a Florida corporation, PAVERSTONE, INC., a Florida corporation, STEPHEN P. SIMPSON ELECTRIC LIMITED LIABILITY COMPANY, a Florida limited liability company a/k/a STEPHEN P. SIMPSON ELECTRIC, OMNI IRRIGATION, INC., a Florida corporation, and BE-MAC'S SERVICE, INC., a Florida corporation a/k/a BE-MAC SERVICES, INC. are the Defendants, I will sell to the highest and best bidder for cash at www.pinellas.realforeclose.com at 10:00 A.M. on the 29th day of December, 2011, the following described property:
SEE ATTACHED EXHIBIT A
EXHIBIT A
Real Property:
Parcel 1-Fee Simple
Lot 9, together with all lands lying between the boundary of that lot and the high water line of Boca Ciega Bay, Block 5, Sawyer & Harrell's Addition to Boca Ciega Pass, according to the plat thereof as recorded in Plat Book 3, Page 41, of the public records of Pinellas County, Florida.
NOW KNOWN AS:
Lots 1, 2, 3, 4, 5 and 6, Bella Casa Townhomes, according to the plat thereof, recorded in Plat Book 135, Pages 58 and 59, of the public records of Pinellas County, Florida.
Parcel 2-Leasehold
The lands described in that certain Sovereignty Submerged Lands Lease recorded in Official Records Book 16378, Page 894, of the public records of Pinellas County, Florida described as follows:
A parcel of submerged land located in Sections 25 & 26, Township 31 South, Range 15 East, Pinellas County, Boca Ciega Bay, as shown on the attached sketch and located immediately waterward of that upland property, Sawyer & Harrell's Add. Boca Ciega Pass Sub., Lot 9, Block 5, as recorded in Plat Book 3, Page 41, of the public records of Pinellas County, Florida, and being more particularly described as follows:
Commence on the found drill hole at the Northeasterly corner of Lot 9, Block 5 of said Sawyer & Harrell's Add. Boca Ciega Pass Sub.; thence run North 77 degrees 49 minutes 48 seconds West for a distance of 46.55 feet to the Point of Beginning; thence run North 77 degrees 49 minutes 48 seconds West, 6.23 feet; thence run North 23 degrees 11 minutes 43 seconds East, 31.58 feet; thence run North 66 degrees 48 minutes 17 seconds West, 44.81 feet; thence run North 23 degrees 11 minutes 43 seconds East, 32.00 feet; thence run South 66 degrees 48 minutes 17 seconds East, 94.67 feet; thence run South 23 degrees 11 minutes 43 seconds West, 32.00 feet, thence run North 66 degrees 48 minutes 17 seconds West, 43.86; thence run South 22 degrees 58 minutes 58 seconds West, 30.39 feet to the Point of Beginning. Containing 3,220 square feet, (0.074 acres).
Personal Property:
All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the Real Property described herein (hereafter referred to as “Property”) or under or above the same or any part or parcel thereof.
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the Property and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon or under the Property or any part thereof and used or usable in connection with any present or future operation of the Property and now owned or hereafter acquired by Debtor, including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces, oil burners or units thereof; appliances; air-cooling and air conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings; together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass, doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all additions and accessions thereto and replacements thereof.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over, and upon the Property or any part and parcel thereof; and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Property or any part or parcel thereof.
All of Debtor's interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by Debtor or any extension or renewal thereof, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.
Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Property or the property described in this Exhibit.
All of the right, title and interest of the Debtor in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property or the property described herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon or operation of the Property, or sale of the Property or portions thereof, including but not limited to purchase and sale agreements between Debtor, as seller, and third party purchasers, for the purchase of improvements to be constructed upon the Property, and deposits thereunder.
All Debtor's rights, title and interest in and to utility deposits, connection fees (including, but not limited to any fees payable to Debtor for use by others of any lift station, force-mains, gravity lines and related facilities constructed by Debtor to service the Property and/or other property), reservation fees, reserve availability charges, system capacity charges, earnest money deposits under purchase contracts or other similar type deposits or fees.
All Debtor's rights to any fictitious or other names or trade names used in conjunction with the said real and personal property.
All furniture, furnishings, appliances and equipment and all other tangible personal property now or hereafter owned or acquired by the Debtor and now or hereafter located or installed at or in any other improvement on the Property or elsewhere at or on the Property, together with all accessories and parts now attached to or used in connection with any such Property or which may hereafter at any time be placed in or added thereto and also any and all replacements and proceeds of any such Property.
All present and future rents, issues, profits and income from the Property, and each and every part and parcel thereof, and also all present and future right, title and interest of the Debtor under and by virtue of each and every franchise, license, permit, lease, contract for deed or purchase and sale agreement, or any other document or contractual right, written or verbal, covering any part or parcel of the Property, whether now or hereafter made, and any and all amendments to or modifications, extensions or renewals thereof and all proceeds thereof; all present and future rents, issues, profits, income, accounts, accounts receivable and the proceeds thereof of any business activity conducted by Debtor on or through the use of the Property; all bank accounts and deposit accounts into which any of the proceeds of the foregoing are deposited; and proceeds of all the foregoing.
All present and future inventory of goods, products, parts, apparatus, machinery, accessories, supplies and materials of every kind kept by Debtor upon the Property for sale, manufacture, installation, shipment or otherwise in conjunction with Debtor's business conducted upon the Property.
All rents, issues, contracts for deed, purchase agreements, accounts receivable, accounts, deposit accounts, contracts, plans, specifications, permits, developer/declarant rights, privileges and benefits, and other contractual rights of Debtor, whether now or hereafter existing in property described herein, and proceeds thereof, as more particularly described in the Real Estate Mortgage, Assignment of Rents and Security Agreement executed by Debtor herein in favor of Secured Party, dated June 12 , 2006.
Proceeds of collateral are covered as provided in §§ 679.203 and 679.306 Florida Statutes.
Products of collateral are covered.
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.
In accordance with 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 Administrative Office of the Court, 315 Court Street, Pinellas County Courthouse, Clearwater, Florida 34616 or telephone (727) 464-3267 within two (2) days of your receipt of this Notice; if you are hearing impaired, call 1-800-955-8770.
Dated this 22nd day of November, 2011.
GREENBERG TRAURIG, P.A.
Attorneys for Plaintiff
401 East Las Olas Boulevard,
Suite 2000
Fort Lauderdale, Florida 33301
Telephone: (954) 765-0500
Telefax: (954) 765-1477
By: JEFFREY GILBERT
Florida Bar No. 375411
LINDA M. RECK
Florida Bar No. 0669474
December 2, 9, 2011 11-08387