11-08388

FIRST INSERTION
AMENDED NOTICE OF
FORECLOSURE SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA,
IN AND FOR PINELLAS COUNTY
CIVIL DIVISION
CASE NO. 10-14742-CI-13
FCP II, a Texas General
Partnership, as assignee of Branch Banking and Trust Company, a North Carolina banking
corporation,
Plaintiff, v.
REVERSE PROPERTIES L.L.C., a Florida limited liability company, a/k/a Reverse Properties, LLC; SOM DEVELOPMENT L.L.C., a Florida limited liability company, a/k/a SOM Development, LLC d/b/a Skyline of Madeira Resort; LEVEL 10 PROPERTIES, L.L.C., a Florida limited liability company, a/k/a Level 10 Properties, LLC d/b/a Horton Office Building; SOUTH BROADWAY AT
SIMPSON CENTER, L.L.C., a
Florida limited liability company, a/k/a South Broadway at Simpson Center, LLC; ELIZABETH
MARKLEY, individually;
VIRGINIA CAROL WHITE,
individually; CARL B. WHITE, individually; C. DENNIS
MARKLEY a/k/a CHARLES DENNIS MARKLEY, individually; JANE/JOHN DOE, fictitious names representing tenants in possession of 14501 Gulf Boulevard, Madeira Beach, FL 33708 (Parcels 4, 5 and 6); JANE/JOHN DOE, fictitious names representing tenants in
possession of 14503 Gulf Boulevard, Madeira Beach, FL 33708 (Parcels 4, 5 and 6); JANE/JOHN DOE,
fictitious names representing
tenants in possession of 14505 Gulf Boulevard, Madeira Beach, FL 33708 (Parcels 4, 5 and 6); JANE/JOHN DOE, fictitious names representing tenants in possession of 14507 Gulf Boulevard, Madeira Beach, FL 33708 (Parcels 4, 5 and 6); JANE/JOHN DOE, fictitious names representing tenants in
possession of 14509 Gulf Boulevard, Madeira Beach, FL 33708 (Parcels 4, 5 and 6); MARY/MARK DOE, fictitious names representing
tenants in possession of
14501-14509 Gulf Boulevard, Madeira Beach, FL 33708 (Parcels 4, 5 and 6); PATTY/PETER DOE, fictitious names representing
tenants in possession of
14501-14509 Gulf Boulevard,
Madeira Beach, FL 33708 (Parcels 4, 5 and 6); BETTY/BOB DOE,
fictitious names
representing tenants in possession of 14501-14509 Gulf Boulevard, Madeira Beach, FL 33708 (Parcels 4, 5 and 6); JANE/JOHN DOE,
fictitious names representing
tenants in possession of 14500 Gulf Boulevard, Madeira Beach, FL 33708 (Parcel 7); MARY/MARK DOE, fictitious names
representing tenants in possession of 14500 Gulf Boulevard, Madeira Beach, FL 33708 (Parcel 7); PATTY/PETER DOE, fictitious names representing tenants in possession of 14500 Gulf Boulevard, Madeira Beach, FL 33708 (Parcel 7); JANE/JOHN DOE, fictitious names representing tenants in possession of 14550 Gulf Boulevard, Madeira Beach, FL 33708 (Parcel 7); MARY/MARK DOE, fictitious names representing tenants in possession of 14550 Gulf Boulevard, Madeira Beach, FL 33708 (Parcel 7); PATTY/PETER DOE, fictitious names representing tenants in possession of 14550 Gulf Boulevard, Madeira Beach, FL 33708 (Parcel 7); JANE/JOHN DOE, fictitious names representing tenants in possession of 13999 Gulf Boulevard, Unit C1, Madeira Beach, FL 33708 (Parcel 8); JANE/JOHN DOE, fictitious names representing tenants in
possession of 13999 Gulf Boulevard, Unit 201, Madeira Beach, FL 33708 (Parcel 8); JANE/JOHN DOE,
fictitious names representing
tenants in possession of 13999 Gulf Boulevard, Unit 206, Madeira Beach, FL 33708 (Parcel 8); JANE/JOHN DOE, fictitious names representing tenants in possession of 13999 Gulf Boulevard, Unit 404, Madeira Beach, FL 33708 (Parcel 8); JANE/JOHN DOE, fictitious names representing tenants in
possession of 13999 Gulf Boulevard, Unit 501, Madeira Beach, FL 33708 (Parcel 8); JANE/JOHN DOE,
fictitious names representing
tenants in possession of 13999 Gulf Boulevard, Unit 502, Madeira Beach, FL 33708 (Parcel 8);
PASADENA TITLE COMPANY, LLC, a Florida limited liability
company; CORE FITNESS
SOLUTION, INC., a Florida limited liability company; PHYLLIS J. RAPAKKO d/b/a Schooner Motel d/b/a Schooner on the Gulf Motel; REDINGTON REALTY, INC., a Florida corporation;
VICINITY REALTY SERVICES, INC., a Florida corporation;
SKYLINE OF MADEIRA
CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation; CITY OF MADEIRA BEACH, Pinellas County, Florida, a political subdivision of the State of Florida; CRYSTAL WHITE
MONTGOMERY, individually; REDINGTON GRAND, LLP, a Florida limited liability partnership; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR
CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED,
Defendants.
NOTICE is hereby given that, pursuant to the Uniform Final Judgment of Foreclosure entered on June 30, 2011 and Order Granting Plaintiff's Motion to Reschedule Foreclosure Sale in the above-referenced matter pending in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, the Clerk of the Circuit Court will sell to the highest and best bidder for cash via the internet at www.pinellas.realforeclose.com at 10:00 a.m. on January 25, 2012, the following property described below, situated in Pinellas County, Florida, as set forth in the Uniform Final Judgment of Foreclosure:
EXHIBIT A
REAL PROPERTY
Parcel 1:
Lot 2, Block A, NEW HAVEN BEACH, together with vacated portion of North Beach Drive abutting captioned premises on the West, according to the map or plat thereof as recorded in Plat Book 20, Page 8 of the Public Records of Pinellas County, Florida.
Parcel 2:
Lots 3 and 4, Block A, NEW HAVEN BEACH, together with vacated portion of North Beach Drive abutting captioned premises on the West, according to the map or plat thereof as recorded in Plat Book 20, Page 8 of the Public Records of Pinellas County, Florida.
Parcel 3:
Lots 20, 21 and 22, Block A, NEW HAVEN BEACH, according to the map or plat thereof as recorded in Plat Book 20, Page 8 of the Public Records of Pinellas County, Florida.
Parcel 4:
Lot 1, LESS the Southeasterly 12 feet thereof, MADEIRA SHORES, according to the Plat thereof, recorded in Plat Book 22, Page 87, of the Public Records of Pinellas County, Florida.
Parcel 5:
Lots 71, 72, 73 and 74, SUNNY SHORES, according to the Plat thereof, recorded in Plat Book 24, Page 15, of the Public Records of Pinellas County, Florida.
Parcel 6:
Lot 2 and the South 12 feet of Lot 1, MADEIRA SHORES, according to the Plat thereof, recorded in Plat Book 22, Page 87, of the Public Records of Pinellas County, Florida. Parcel 7:
Lots 1 and 2, SUNNY SHORES, according to the plat thereof as recorded in Plat Book 24, Page 15, of the Public Records of Pinellas County, Florida.
TOGETHER WITH: All right, title and interest, if any, of land, if any there be, lying between the side lines of Lots 1 and 2, SUNNY SHORES, according to the plat thereof as recorded in Plat Book 24, Page 15, of the Public Records of Pinellas County, Florida, as extended to the mean high water line of the Gulf of Mexico as it may exist from time to time.
Parcel 8:
PARCEL I
Starting at the intersection of the centerline of State Road 233 and boundary line between Government Lot 2, Section 10, Township 31 South, Range 15 East and Government Lot 2, Section 15, Township 31 South, Range 15 East, said boundary line being established by agreement of adjacent property owners; run North 87° 6' East (deed North 87° 57' 07” East), 72.42 feet along said boundary line; thence run South 48° 22' 53” East, 56.35 feet along the East side of State Road 233 (said line being 50 feet Easterly of the centerline of said State Road measured at right angles thereto) to the POINT OF BEGINNING: thence continue South 48° 22' 53” East, 83.65 feet; thence run North 41° 37' 07” East, 84.5 feet, more or less, to a point on the seawall of the adjoining yacht basin, said point of intersection being called Point “A”; return to the POINT OF BEGINNING; thence run North 40° 56' East, 98 feet; thence North 49° 04' West, 79.36 feet to the Northwesterly boundary of Lot 1, Block N. THIRD ADDITION TO GULF SHORES REPLAT, as recorded in Plat Book 21, page 32, Public Records of Pinellas County, Florida; thence run by a curve to the right along the Northwesterly boundary of said Lot 1 to the most Northerly corner of said Lot 1; thence South 22° 42' East, 108 feet, more or less, along the lot line between said Lot 1 and Lot 2 of said subdivision and an extension thereof to an intersection with the seawall of adjoining yacht basin; thence run Southerly along said seawall to Point “A”.
Starting at the intersection of the centerline of State Road 233 and boundary line between Government Lot 2, Section 10, Township 31 South, Range 15 East and Government Lot 2, Section 15, Township 31 South, Range 15 East, said boundary line established by agreement of adjacent owners; run North 87° 16' East, 47.79 feet to a POINT OF BEGINNING: thence run North 87° 16' East, 24.63 feet; thence run South 49° 04' East, 56.35 feet; thence North 40° 56' East, 98 feet; thence run North 49° 04' West, 79.36 feet; thence run by a curve to the left radius 198.66 feet along the Southeasterly boundary of South Bayshore Drive right of way, 15.08 feet thence South 40° 56' West, 100 feet; thence South 49° 04' East, 5.42 feet to the POINT OF BEGINNING.
ALL OF THE ABOVE lying and being in Government Lot 2, Section 15, Township 31 South, Range 15 East and THIRD ADDITION TO GULF SHORES. Said tract including parts of Lots 1 and A, Block N, THIRD ADDITION TO GULF SHORES, as recorded in Plat Book 21, Page 32, Public Records of Pinellas County, Florida, and part of adjoining land to the South of said lots.
LESS AND EXCEPT that portion thereof lying within 50 feet of the survey line of State Road 699, Section 15100, said survey line being described as follows:
Begin on the Southwesterly extension of the Southeasterly boundary line of Lot 10, SNUG HARBOR SUBDIVISION, Section 15, Township 31 South, Range 15 East, as per plat thereof recorded in Plat Book 23, page 4, Public Records of Pinellas County, Florida, at a point of 146.05 feet South 62° 54' 10” West of the Northeast corner of Lot 11 of said Snug Harbor Subdivision, said point being on a curve concave to the Northeasterly having a radius of 2864.79 feet; thence from a tangent bearing of North 54° 13' 18” West, run Westerly along said curve, 285.56 feet through an angle of 5° 42' 40” to the end of said curve; thence North 48° 30' 38” West, 1257.79 feet to the Southwesterly extension of the Southeasterly boundary line of Lot 9, Block H. SECOND ADDITION OF GULF SHORES SUBDIVISION as per plat thereof recorded in Plat Book 21, page 24, Public Records of pinellas County, Florida at a point 133.20 feet South 41° 11' 22” West of the Northeast corner of said Lot 9.
ALSO LESS AND EXCEPT that part thereof lying within the following metes and bounds description:
Commence at the Southwesterly extension of the Southeasterly boundary line of Lot 10, SNUG HARBOR SUBDIVISION, Section 15, Township 31 South, Range 15 East, per plat thereof recorded in Plat Book 23, page 4, Public Records of Pinellas County, Florida, at a point 146.05 feet South 62° 54' 10” West of the Northeast corner of Lot 11 of said Snug Harbor Subdivision, said point being on a curve concave to the Northeasterly, having a radius of 2864.79 feet; thence from a tangent bearing of North 54° 13' 18” West run Westerly along said curve, 285.56 feet through an angle of 5° 42' 40” to the end of said curve, thence North 48° 30' 38” West, 1197.79; thence North 41° 47' 22” East, 50.001 feet to the POINT OF BEGINNING; continue thence North 41° 47' 22” East, 17.0 feet; thence South 03° 21' 38” East, 23.979 feet; thence North 48° 30' 38” West, 17.0 feet to the POINT OF BEGINNING.
PARCEL II
LOT 1, GULF SHORES HARBOR SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 23, Page 51, Public Records of Pinellas County, Florida, TOGETHER WITH lands lying between the sidelines of said Lot I as extended to the seawall of Boca Ciega Bay.
The above PARCELS I and II, in Parcel 8 have been submitted to Condominium and is now known as:
SKYLINE OF MADEIRA, a Condominium, according to the map of plat thereof as recorded in Condominium Plat Book 145, Pages 73 through 82, and being further described in that certain Declaration of Condominium recorded in Official Records Book 15474, Page 107 of the Public Records of Pinellas County, Florida.
LESS Units 204, 205, 301, 302, 303, 304, 305, 306, 401, 402, 403, 405, 406, C-2, C-3, C-4 and C-5
COMPOSITE EXHIBIT B
ADDITIONAL COLLATERAL
With regards to Parcels 1, 2 and 3:
REVERSE PROPERTIES L.L.C., a Florida limited liability company, a/k/a Reverse Properties, LLC (“Debtor”), granted to BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (“Secured Party”), a first priority security interest in and to the following:
All present and future rents, issues, profits and income from the real property situated in Pinellas County, Florida, more particularly described in Exhibit “A” attached (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 the 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 tangible and intangible personal property of Debtor located on or incident to the Property, however arising or created, and whether now existing or hereafter arising, existing or created, and the proceeds thereof.
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 Property described in Exhibit “A” (herein 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, latorals, 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 thereot heretofore made and entered into, and in and to all leases or rental arrangements of the Property hereafter made and entered into by Debtor during the life of the security agreements 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 described in Exhibit “A” or 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 described in Exhibit “A”, or 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.
All Debtor's rights to any fictitious or other names or tradenames 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 or 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.
With regards to Parcels 4, 5 and 6:
LEVEL 10 PROPERTIES, L.L.C., a Florida limited liability company, a/k/a Level 10 Properties, LLC d/b/a Horton Office Building (“Debtor”), granted to BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (“Secured Party”), a first priority security interest in and to the following:
1. All present and future rents, issues, profits and income from the real property situated in Pinellas County, Florida, more particularly described in Exhibit “A” attached (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 the 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.
2. All tangible and intangible personal property of Debtor located on or incident to the Property, however arising or created, and whether now existing or hereafter arising, existing or created, and the proceeds thereof, as described in Exhibit “B” attached hereto.
With regards to Parcels 4, 5 and 6:
LEVEL 10 PROPERTIES, L.L.C., a Florida limited liability company, a/k/a Level 10 Properties, LLC d/b/a Horton Office Building (“Debtor”), granted to BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (“Secured Party”), a first priority security interest in and to the following:
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 Property described in Exhibit “A” (herein 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 of the Property hereafter made and entered into by Debtor during the life of the security agreements 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 described in Exhibit “A” or 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 described in Exhibit “A”, or 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 or the Property. All Debtor's rights to any fictitious or other names or tradenames 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 or 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.
With regard to Parcel 7:
SOUTH BROADWAY AT SIMPSON CENTER, L.L.C., a Florida limited liability company, a/k/a South Broadway at Simpson Center, LLC (“Debtor”), granted to BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (“Secured Party”), a first priority security interest in and to the following:
1. All present and future rents, issues, profits and income from the real property situated in Pinellas County, Florida, more particularly described in Exhibit “A” attached (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 the 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.
2. All tangible and intangible personal property of Debtor located on or incident to the Property, however arising or created, and whether now existing or hereafter arising, existing or created, and the proceeds thereof, as described in Exhibit “B” attached hereto.
With regard to Parcel 7:
SOUTH BROADWAY AT SIMPSON CENTER, L.L.C., a Florida limited liability company, a/k/a South Broadway at Simpson Center, LLC (“Debtor”), granted to BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (“Secured Party”), a first priority security interes in and to the following:
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 Property described in Exhibit “A” (herein 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 of the Property hereafter made and entered into by Debtor during the life of the security agreements 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 described in Exhibit “A” or 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 described in Exhibit “A”, or 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 or the Property. All Debtor's rights to any fictitious or other names or tradenames 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 or 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.
With regard to Parcel 8:
SOM DEVELOPMENT L.L.C., a Florida limited liability company, a/k/a SOM Development, LLC d/b/a Skyline of Madeira Resort (“Debtor”), granted to BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (“Secured Party”), a first priority security interest in and to the following:
1. All present and future rents, issues, profits and income from the real property situated in Pinellas County, Florida, more particularly described in Exhibit “A” attached (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 the 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.
2. All tangible and intangible personal property of Debtor located on or incident to the Property, however arising or created, and whether now existing or hereafter arising, existing or created, and the proceeds thereof, as described in Exhibit “B” attached hereto.
With regard to Parcel 8:
SOM DEVELOPMENT L.L.C., a Florida limited liability company, a/k/a SOM Development, LLC d/b/a Skyline of Madeira Resort (“Debtor”), granted to BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (“Secured Party”), a first priority security interest in and to the following:
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 Property described in Exhibit “A” (herein 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 of the Property hereafter made and entered into by Debtor during the life of the security agreements 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 described in Exhibit “A” or 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 described in Exhibit “A”, or 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 or the Property. All sale contracts between Borrower, as seller, and third party purchasers as to the sale of the Property, or any portion thereof, including without limitation, condominium units.
All Debtor's rights to any fictitious or other names or tradenames 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 or 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.
In addition to the foregoing, LEVEL 10 PROPERTIES, L.L.C., a Florida limited liability company, a/k/a Level 10 Properties, LLC d/b/a Horton Office Building (“Debtor”), granted to BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (“Secured Party”), a first priority security interest in and to the following:
All of Debtor's interest in the commercial claim described as follows: all claims of Debtor, including the Final Judgment dated September 11, 2008, entered in the action styled LEVEL 10 PROPERTIES, L.L.C., DENNIS MARKLEY, CARL B. WHITE, CRYSTAL WHITE MONTGOMERY vs. REDINGTON GRAND, LLP, Case No. 07-3044-CI-11, filed in the Pinellas County Circuit Court, the principal amount of $225,000 deposited by Debtor with PASADENA TITLE COMPANY, LLC, o Florida limited liability company, which is held pursuant to a certain Escrow Agreement between and among Redington Grand, LLP, Escrow Agent, and Debtor, and the proceeds (including insurance proceeds) and products of all of the foregoing in whatever form the some may be.
In addition to the foregoing, CARL B. WHITE, individually, and C. DENNIS MARKLEY a/k/a CHARLES DENNIS MARKLEY, individually (collectively, “Debtor”), granted to BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (“Secured Party”), a first priority security interest in and to the following:
Date Filed 3/16/2009 2:13:17 PM
Collateral Description
All of Debtor's interest in the commercial claim described as follows: all claims of Debtor, including the Final Judgment dated September 11, 2008, entered in the action styled LEVEL 10 PROPERTIES, L.L.C., DENNIS MARKLEY, CARL B. WHITE, CRYSTAL WHITE MONTGOMERY vs. REDINGTON GRAND, LLP, Case No. 07-3044-CI-11, filed in the Pinellas County Circuit Court, the principal amount of $265,000 deposited by Debtor with PASADENA TITLE COMPANY, LLC, a Florida limited liability company, which is held pursuant to a certain Escrow Agreement between and among Redington Grand, LLP, Escrow Agent, and Debtor, and the proceeds (including insurance proceeds) and products of all of the foregoing in whatever form the same may be.
The Final Judgment was recorded on September 12, 2007 at Official Records Book 16375, Page 1535, of the Public Records of Pinellas County, Florida, and a certified copy of the Final Judgment was recorded on September 18, 2008 at Official Records Book 16380, Page 1847, of the Public Records of Pinellas County, Florida.
Any person who is claiming an interest in the surplus, if any, resulting from the foreclosure sale, other than the property owner as of the date of the Lis Pendens, must file a claim on same with the Clerk of Court within 60 days after the foreclosure sale.
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..
DATED this 21st day of November 2011.
ADAMS AND REESE LLP
1515 Ringling Boulevard, Suite 700
Sarasota, Florida 34236
Phone: (941) 316-7600/
Fax: (941) 316-7940
Counsel for Plaintiff
By: RYAN W. OWEN
Florida Bar No. 0029355
1234291-3
December 2, 9, 2011 11-08388