11-2488P

FIRST INSERTION
NOTICE of sale
IN THE CIRCUIT COURT of THE 6th JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
Case No.:
51-2011-CA-003146-XXXX-WS
CSMC 2006-C5 MITCHELL
BOULEVARD, LLC, a Florida
limited liability company,
Plaintiff, v.
ODYSSEY DP XIII, LLC, a Florida limited liability company,
Defendant.
Notice is hereby given that pursuant to the Final Judgment of Foreclosure dated September 28, 2011 (“Final Judgment”) and the Order Granting Motion to Reschedule Foreclosure Sale dated October 27, 2011, in that certain cause pending in the Circuit Court in and for Pasco County, Florida, wherein CSMC 2006-C5 MITCHELL BOULEVARD, LLC, a Florida limited liability company, is Plaintiff, and ODYSSEY DP XIII, LLC, a Florida limited liability company, is Defendant, in Civil Action Case No. 51-2011-CA-003146-WS, Paula S. O'Neil, Ph.D., Clerk of the aforesaid Court, will at Public Sale on December 15, 2011 at 11:00 a.m., offer for sale and sell to the highest bidder for cash, except as prescribed in Paragraph 5 of the Final Judgment, by electronic public sale via the internet at www.pasco.realforeclose.com, in accordance with Section 45.031, Florida Statutes, the following described real and personal property, situate and being in Pasco County, Florida, to-wit:
See attached EXHIBIT A
and EXHIBIT B.
EXHIBIT A
LEGAL DESCRIPTION
Parcel I:
Area “C” DESCRIPTION:
A parcel of land lying in Section 34, Township 26 South, Range 16 East, Pasco County, Florida, being more particularly described as follows: Commencing at the Northeast corner of said Section 34, run thence along the North boundary of said Section 34, N. 89 degrees 32 minutes 02 seconds W., 682.79 feet; thence S. 00 degrees 27 minutes 58 seconds W., 51.47 feet to the Point of Beginning; thence Southeasterly, 97.74 feet along the arc of a curve to the right having a radius of 50.00 feet and a central angle of 112 degrees 00 minutes 00 seconds (chord bearing S. 34 degrees 00 minutes 00 seconds E., 82.90 feet) to a point of tangency; thence S. 22 degrees 00 minutes 00 seconds W., 10.53 feet to a point of curvature; thence Southwesterly, 23.74 feet along the arc of a curve to the right, having a radius of 20.00 feet and a central angle of 68 degrees 00 minutes 00 seconds (chord bearing S. 56 degrees 00 minutes 00 seconds W., 22.37 feet) to a point of tangency; thence West, 376.70 feet to a point of curvature; thence Northwesterly, 8.83 feet along the arc of a curve to the right having a radius of 10.00 feet and a central angle of 50 degrees 34 minutes 57 seconds (chord bearing N. 64 degrees 42 minutes 31 seconds W., 8.54 feet) to a point of compound curvature; thence Northerly, 27.52 feet along the arc of a curve to the right having a radius of 40.00 feet and a central angle of 39 degrees 25 minutes 03 seconds (chord bearing N. 19 degrees 42 minutes 31 seconds W., 26.98 feet); to a point of tangency; thence North 36.95 feet to a point of curvature; thence Northeasterly, 39.27 feet along the arc of a curve to the right having a radius of 25.00 feet and a central angle of 90 degrees 00 minutes 00 seconds (chord bearing N. 45 degrees 00 minutes 00 seconds E., 35.36 feet) to a point of tangency; thence East, 344.65 feet to the Point of Beginning.
Parcel II:
TOGETHER WITH a perpetual non-exclusive right, privilege, and easement for vehicular and pedestrian access, ingress, and egress over and across all roadways, driveways, entranceways, and sidewalks as contained in Trinity Commons Declaration of Covenants, Conditions and Restrictions dated November 16, 2004, recorded November 16, 2004, in Official Records Book 6111, Page 637, public records of Pasco County, Florida, and further described as Area “D.”
EXHIBIT B
(Description of Collateral)
All of Debtor's estate, right, title and interest in, to and under any and all of the following described property, whether now owned or hereafter acquired, attached to or used in and about that certain real property situated in the County of Pasco, State of Florida, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the “Real Estate;” the Real Estate, together with all of the easements, rights, privileges, franchises, tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in any way appertaining and all of the estate, right, title, interest, claim and demand whatsoever of Debtor therein or thereto, either at law or in equity, in possession or in expectancy, now or hereafter acquired, and all structures, buildings and improvements of every kind and description now or at any time hereafter located or placed on the Real Estate, the “Improvements”):
(A) All personal property owned by Debtor and now or hereafter located on, attached to or used in and about the Real Estate and/or the improvements and all furniture, furnishings, fixtures, goods, equipment, inventory or personal property owned by the Debtor and now or hereafter located on, attached to or used in and about the Improvements, including, but not limited to, all machines, engines, boilers, dynamos, elevators, stokers, tanks, cabinets, awnings, screens, shades, blinds, carpets, draperies, lawn mowers, and all appliances, plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposals and incinerating equipment, and all fixtures and appurtenances thereto, and such other goods and chattels and personal property owned by the Debtor as are now or hereafter used or furnished in operating the Improvements, or the activities conducted therein, and all building materials and equipment hereafter situated on or about the Real Estate or the Improvements, and all warranties and guaranties relating thereto, and all additions thereto and substitutions and replacements therefor (exclusive of any of the foregoing owned or leased by tenants of space in the Improvements);
(B) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, drainage rights and other emblements now or hereafter located on the Real Estate or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in any way belonging, relating or appertaining to the Real Estate or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Debtor;
(C) All water; ditches, wells, reservoirs and drains and all water, ditch, well, reservoir and drainage rights which are appurtenant to, located on, under or above or used in connection with the Real Estate or the Improvements, or any part thereof, whether now existing or hereafter created or acquired;
(D) All minerals, crops, timber, trees, shrubs, flowers and landscaping features now or hereafter located on, under or above the Real Estate;
(E) All cash funds, deposit accounts and other rights and evidence of rights to cash, now or hereafter created or held by Secured Party pursuant to that certain Mortgage, Security Agreement and Assignment of Leases and Rents, dated of even date herewith from the Debtor to the Secured Party (the “Security Instrument”) or any other of the Loan Documents (as defined in the Security Instrument) including, without limitation, all funds now or hereafter on deposit in the Impound Account, the Replacement Reserve, the Repair and Remediation Reserve, the TILC Reserve, if any, or the Lease Holdback Reserve, if any (all as defined in the Security Instrument);
(F) All leases, licenses, concessions and occupancy agreements of the Real Estate or the
Improvements now or hereafter entered into and all rents, royalties, Issues, profits, revenue, income and other benefits (collectively, the “Rents and Profits”) of the Real Estate or the Improvements, now or hereafter arising from the use or enjoyment of all or any portion thereof or from any lease, license, concession, occupancy agreement or other agreement pertaining thereto or arising from any of the Contracts (as defined below) or any of the General Intangibles (as defined below) and all cash or securities deposited to secure performance by the tenants, lessees or licensees, as applicable, of their obligations under any such leases, licenses, concessions or occupancy agreements, whether said cash or securities are to be held until the expiration of the terms of said leases, licenses, concessions or occupancy agreements or applied to one or more of the installments of rent coming due prior to the expiration of said terms;
(G) All contracts and agreements now or hereafter entered into covering any part of the Real Estate or the Improvements (collectively, the “Contracts”) and all revenue, income and other benefits thereof, including, without limitation, management agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Real Estate or the Improvements or to the management or operation of any part of the Real Estate or the Improvements;
(H) All present and future monetary deposits given to any public or private utility with respect to utility services furnished to any part of the Real Estate or the Improvements;
(I) All present and future funds, accounts, instruments, accounts receivable, documents, causes of action, claims, general intangibles, all names by which the Real Estate or the Improvements may be operated or known, all rights to carry on business under such names, and all rights, interest and privileges which Debtor has or may have as developer or declarant under any covenants, restrictions or declarations now or hereafter relating to the Real Estate or the Improvements and all notes or chattel paper now or hereafter arising from or by virtue of any transactions related to the Real Estate or the Improvements (collectively, the “General Intangibles”);
(J) All water taps, sewer taps, certificates of occupancy, permits, licenses, franchises, certificates, consents, approvals and other rights and privileges now or hereafter obtained in connection with the Real Estate or the Improvements (including, without limitation, all such items specifically identified on Exhibit A attached hereto and incorporated herein) and all present and future warranties and guaranties relating to the Improvements or to any equipment, fixtures, furniture, furnishings, personal property or components of any of the foregoing now or hereafter located or installed on the Real Estate or the Improvements;
(K) All building materials, supplies and equipment now or hereafter placed on the Real Estate or in the Improvements and all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Real Estate or the Improvements;
(L) All right, title and interest of the Debtor in any insurance policies or binders now or hereafter relating to the Real Property or the Improvements including any unearned premiums thereon;
(M) All proceeds, products, substitutions and accessions (including claims and demands therefor) of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, proceeds of insurance and condemnation awards.
(N) All other or greater rights and interests of every nature in the Real Estate or the Improvements and in the possession or use thereof and income therefrom, whether now owned or hereafter acquired by the Debtor.
EXHIBIT C
(Signatures)
Debtor:
ODYSSEY DP XIII, LLC, a Florida limited liability company
By: Odyssey Diversified Properties, Inc., a Maryland corporation, Manager
By: Lawrence T. Maxwell
President
Said sale will be made pursuant to and in order to satisfy the terms of the Final Judgment of Foreclosure. 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, persons with disabilities needing a special accommodation to participate in this proceeding should contact Dade City (352) 521-4274, Ext. 8110; New Port Richey (727) 847-8100; TDD 1-800-955-8771 via Florida Relay Service; no later than seven (7) days prior to any proceeding.
DATED this 21st day of November, 2011.
By: Kimberly A. Ashby Esq.
Florida Bar Number: 322881
Respectfully submitted,
AKERMAN SENTERFITT
Attorneys for Plaintiff
Post Office Box 231
420 South Orange Avenue
Suite 1200
Orlando, FL 32802-0231
Phone: (407) 423-4000
Fax: (407) 843-6610
December 2, 9, 2011 11-2488P