11-08598

FIRST INSERTION
RE-NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO. 2011-00571-CI-20
BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MORGAN STANLEY DEAN WITTER CAPITAL I, INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2000-LIFE 2,
Plaintiff, v.
BRYAN DAIRY LIMITED, a Florida limited partnership,
Defendant.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure dated May 4, 2011 and Agreed Order Directing the Clerk of Court to Reschedule the Foreclosure Sale and to Accept Credit Bid dated December 1, 2011, entered in Case No. 2011-00571-CI-20 in the Circuit Court of the 6TH Judicial Circuit in and for Pinellas County, Florida, wherein U.S. Bank National Association, as Successor Trustee, successor-in-interest to Bank of America, N.A. (successor-by-merger to LaSalle Bank National Association), as Trustee for the Registered Certificateholders of Morgan Stanley Dean Witter Capital I Inc., Commercial Mortgage Pass-Through Certificates, Series 2000-LIFE2 , is the Plaintiff, and BRYAN DAIRY LIMITED, a Florida limited partnership, is the Defendant, I will sell to the highest and best bidder for cash at the Pinellas County Clerk's website for on-line auctions on January 31, 2012 at 10:00 a.m., via the Internet at www.pinellas.realforeclose.com, the following described property situated in Pinellas County, as set forth in said Final Judgment, to wit:
SEE COMPOSITE EXHIBIT “A” and EXHIBIT “A-1”
ATTACHED HERETO AND MADE A PART HEREOF
COMPOSITE EXHIBIT “A”
Mortgaged Property
That certain real estate and all of Borrower's estate, right, title and interest therein, located in the County of Pinellas, State of Florida, more particularly described in Exhibit “A-1” attached hereto and made a part hereof (the “Land”), which Land, together with the following described property, rights and interests, is collectively referred to herein as the “Premises”.
Together with Borrower's interest as lessor in and to all Leases and all Rents, which are pledged primarily and on a parity with the Land and not secondarily.
Together with all and singular the tenements, hereditaments, easements, appurtenances, passages, waters, water courses, riparian rights, sewer rights, rights in trade names, licenses, permits and contracts, and all other rights, liberties and privileges of any kind or character in any way now or hereafter appertaining to the Land, including but not limited to, homestead and any other claim at law or in equity as well as any after-acquired title, franchise or license and the reversion and reversions and remainder and remainders thereof.
Together with the right in the case of foreclosure hereunder of the encumbered property for Lender to take and use the name by which the buildings and all other improvements situated on the Premises are commonly known and the right to manage and operate the said buildings under any such name and variants thereof.
Together with all right, title and interest of Borrower in any and all buildings and improvements of every kind and description now or hereafter erected or placed on the said Land and all materials intended for construction, reconstruction, alteration and repairs of such buildings and improvements now or hereafter erected thereon, all of which materials shall be deemed to be included within the Premises immediately upon the delivery thereof to the Premises, and all fixtures now or hereafter owned by Borrower and attached to or contained in and used in connection with the Premises including, but not limited to, all machinery, motors, elevators, fittings, radiators, awnings, shades, screens, and all plumbing, heating, lighting, ventilating, refrigerating, incinerating, air-conditioning and sprinkler equipment and fixtures and appurtenances thereto; and all items of furniture, furnishings, equipment and personal property owned by Borrower used or useful in the operation of the Premises; and all renewals or replacements of all of the aforesaid property owned by Borrower or articles in substitution therefor, whether or not the same are or shall be attached to said buildings or improvements in any manner (collectively, the “Improvements”).
Together with all right, title and interest of Borrower, now or hereafter acquired, in and to any and all strips and gores of land adjacent to and used in connection with the Premises and all right, title and interest of Borrower, now owned or hereafter acquired, in, to, over and under the ways, streets, sidewalks and alleys adjoining the Premises.
Together with all funds now or hereafter held by Lender under any escrow security agreement or under any of the terms hereof, including but not limited to funds held under the provisions of the Loan Agreement, insurance proceeds from all insurance policies required to be maintained by Borrower under the Loan Documents, and all awards, decrees, proceeds, settlements or claims for damage now or hereafter made to or for the benefit of Borrower by reason of any damage to, destruction of or taking of the Premises or any part thereof whether the same shall be made by reason of the exercise of the right of eminent domain or by condemnation or otherwise (a “Taking”).
NOTE: All references to Borrower in this Exhibit “A” refer to Defendant, BRYAN DAIRY LIMITED, a Florida limited partnership. All references to Lender in this Exhibit “A” refer to Plaintiff.
EXHIBIT “A-1”
Legal Description
PARCEL I (BUILDINGS 1 AND 2 PARCEL):
Lots 1 through 5 of BRYAN DAIRY CENTER, according to the plat thereof as recorded in Plat Book 83, pages 57 and 58, Public Records of Pinellas County, Florida, together with that part of Lot 6, of BRYAN DAIRY CENTER described as follows:
BEGINNING at the Northeast corner of Lot 6, BRYAN DAIRY CENTER, as recorded in Plat Book 83, pages 57 and 58, Public Records of Pinellas County, Florida; thence S.0°03'57”W., along the East line of said Lot 47.20 feet; thence leaving said line N.89°56'03”W., 189.93 feet to the West line of said Lot, said line also being the West line of said Plat; thence N.0°03'57”E., along said line 52.47 feet to the Northwest corner of said Lot; thence S.88°20'40” E., along said line 190.00 feet to the above mentioned POINT OF BEGINNING.
LESS AND EXCEPTING therefrom, Parcel P112_R1, as conveyed to Pinellas County, by Bryan Dairy Limited, a Florida limited partnership, as more particularly described in Warranty Deed recorded October 29, 2009 in Official Records Book 16738, Page 2195, of the Public Records of Pinellas County, Florida.
PARCEL II (BUILDINGS 3 AND 4 PARCEL):
That part of Lots 6 through 11, BRYAN DAIRY CENTER, being further described as follows:
From the Northeast corner of Lot 6, BRYAN DAIRY CENTER, as recorded in Plat Book 83, pages 57 and 58, Public Records of Pinellas County, Florida, as a Point of Reference; thence along the West right-of-way line of 72nd Street (a 60 foot right-of-way), S.00°03'57”W., 47.20 feet to the POINT OF BEGINNING; thence continue along said right-of-way line S.00°03'57”W., 478.00 feet; thence leaving said line N89°56'03”W., 189.93 feet to an intersection with the West boundary of said subdivision; thence along said line N.00°03'57”E., 478.00 feet; thence S.89°56'03”E., 189.93 feet to the POINT OF BEGINNING.
PARCEL III (BUILDING 5 PARCEL):
A portion of Lots 11 through 15, BRYAN DAIRY CENTER, being further described as follows:
BEGINNING at a point found by measuring from the Northeast corner of Lot 11, BRYAN DAIRY CENTER, as recorded in Plat Book 83, pages 57 and 58, Public Records of Pinellas County, Florida, S.00°03'57”W., along the West line of 72nd Street, a 60 foot right-of-way 25.20, feet to the Point of Beginning; thence continue S.00°03'57”W., along said line 392.00 feet; thence leaving said line N.89°56'03”W., 189.93 feet to the West boundary of said subdivision; thence N.00°03'57”E., along said line 392.00 feet; thence leaving said line S.89°56'03”E., 189.93 feet to the abovementioned POINT OF BEGINNING.
LESS AND EXCEPT that part thereof which lies within the following described Parcel:
Being a portion of Lots 14 and 15, BRYAN DAIRY CENTER, as recorded in Plat Book 83, pages 57 and 58, Public Records of Pinellas County, Florida, being more particularly described as follows:
BEGINNING at a point found by measuring from the Northeast corner of Lot 15, BRYAN DAIRY CENTER, as recorded in Plat Book 83, pages 57 and 58, Public Records of Pinellas County, Florida, N. 00°03'57” E, along the West Right-of-Way line of 72nd Street, a distance of 15.03 feet to the aforementioned POINT OF BEGINNING; thence N. 89°56'03” W. across Lot 14, a distance of 189.93 feet to the West line of said BRYAN DAIRY CENTER; thence S. 00°03'57” W. along said line, a distance of 32.23 feet; thence S. 89°56'03” E. across Lot 15, a distance of 189.93 feet to the aforesaid West Right-of-Way line of 72nd Street; thence N. 00°03'57” E. along said line 32.23 feet to the POINT OF BEGINNING.
PARCEL IV (NAUTICAL BUILDING PARCEL):
Lots 1 through 3, LOT 21 REPLAT, BRYAN DAIRY CENTER, according to the map or plat thereof as recorded in Plat Book 109, page 29, Public Records of Pinellas County, Florida.
PARCEL V (BUILDING 7 PARCEL):
Part of Lots 17, 18 and 19, BRYAN DAIRY CENTER, as recorded in Plat Book 83, pages 57 and 58, Public Records of Pinellas County, Florida, being more particularly described as follows:
Commence at the Northeast corner of Lot 15 of said BRYAN DAIRY CENTER for a point of reference; thence S00°03'57”W., and along the West right-of-way line of 72nd Street North, 224.20 feet to the POINT OF BEGINNING; thence continue S.00°03'57”W., and along said West right-of-way, 244.00 feet; thence leaving said West right-of-way, N.89°56'03”W., 189.93 feet to a point on the West boundary line of BRYAN DAIRY CENTER; thence N.00°03'57”E., and along said West boundary line of BRYAN DAIRY CENTER, 244.00 feet; thence leaving said West boundary line, S.89°56'03”E., 189.93 feet to the POINT OF BEGINNING.
PARCEL VI:
Easement for ingress, egress and utilities to benefit Parcel IV as created by GRANT OF EASEMENT recorded April 4, 1992 in Official Records Book 7867, page 1085, Public Records of Pinellas County, Florida, over the following described property:
A portion of Lot 20, BRYAN DAIRY CENTER, as recorded in Plat Book 83, pages 57 and 58, Public Records of Pinellas County, Florida; and lying in Section 18, Township 30 South, Range 16 East, City of Pinellas Park, Pinellas County, Florida, being more particularly described as follows:
Commence at the southeast corner of said Lot 20; thence N01°27'35”E, along the east line of said Lot 20, for 125.01 feet to the POINT OF BEGINNING; thence continue along said east line, N01°27'35”E, for 204.99 feet; thence leaving said east line, N48°04'34”W, along a radial line, same being the northeasterly line of said Lot 20, for 179.73 feet to the point of intersection with the southerly right-of-way of 72nd Street and a curve concave to the northwest; thence southwesterly along said southerly right-of-way and said curve having a radius of 63.00 feet, a central angle of 48°15'42”, an arc length of 53.07 feet and a chord bearing S66°03'17”W for 51.51 feet to the point of intersection with a nonradial line; thence S48°04'34”E, along said nonradial line, being 47.00 feet southwest of and parallel with said northeasterly line of Lot 20, for 175.14 feet; thence S01°27'35”W, along a line 50.00 feet west of and parallel with said east line of Lot 20, for 171.06 feet; thence S89°57'49”E, for 7.63 feet; thence S00°02'11”W, for 15.00 feet; thence S88°31'45”E, for 42.00 feet to the POINT OF BEGINNING.
PARCEL VII:
Nonexclusive easement for ingress and egress for the benefit of Parcel V as created by Reciprocal Easement Agreement recorded June 5, 2000 in Official Records Book 10934, page 194, Public Records of Pinellas County, Florida, over the following described property:
Being a portion of Lots 16 and 17, BRYAN DAIRY CENTER, as recorded in Plat Book 83, pages 57 and 58, Public Records of Pinellas County, Florida, being more particularly described as follows:
BEGINNING at a point found by measuring from the Southeast corner of Lot 17, BRYAN DAIRY CENTER, as recorded in Plat Book 83, pages 57 and 58, Public Records of Pinellas County, Florida, N. 00°03'57” E. along the West Right-of-Way Line of 72nd Street, a distance of 30.90 feet to the aforementioned POINT OF BEGINNING; thence N. 89°56'03” W. across Lot 17, a distance of 189.93 feet to the West line of said BRYAN DAIRY CENTER; thence N. 00°03'57” E. along said line a distance of 89.80 feet; thence S. 89°56'03” E. across Lot 16, a distance of 189.93 feet to the aforesaid West Right-of-Way Line of 72nd Street; thence S. 00°03'57” W. along said line 89.80 feet to the POINT OF BEGINNING.
LESS that part thereof lying within Parcel V.
PARCEL VIII:
Nonexclusive easement for sanitary sewer utility line for the benefit of portions of Parcel IV, as created by GRANT OF EASEMENT recorded April 4, 1992 in Official Records Book 7867, page 1078, Public Records of Pinellas County, Florida, over the following described property:
A portion of Lots 19 and 20, BRYAN DAIRY CENTER, as recorded in Plat Book 83, pages 57 and 58, Public Records of Pinellas County, Florida, and lying in Section 18, Township 30 South, Range 16 East, City of Pinellas Park, Pinellas County, Florida, being more particularly described as follows:
Commence at the southeast corner of said Lot 20; thence N88°32'25”W, along the south line of said Lot 20, for 50.00 feet; thence leaving said south line, N01°27'35”E, along a line 50.00 feet west of and parallel with the east line of said Lot 20, for 190.34 feet to the POINT OF BEGINNING; thence continue along said line, N01°27'35”E, for 11.02 feet; thence leaving said line, N63°40'50”W, for 146.68 feet; thence N07°42'43”W, along a nonradial line, for 169.00 feet to the point of intersection with the southerly right-of-way of 72nd Street and a curve concave to the northeast; thence northwesterly, along said southerly right-of-way and said curve having a radius of 63.00 feet, a central angle of 11°41'04”, an arc length of 12.85 feet and a chord bearing N58°56'44”W for 12.83 feet to the point of intersection with a nonradial line; thence leaving said right-of-way and said curve, S07°42'43”E, for 182.35 feet; thence S63°40'50”E, for 156.63 feet to the POINT OF BEGINNING.
Property Address: 10351 - 10950 72ND Street, Pinellas Park, Florida 33777.
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.
AMERICANS WITH DISABILITIES ACT (ADA) NOTICE
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. Within two (2) working days or your receipt of this (describe notice/order) please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD). 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 disabled transportation services.
DATED THIS 5th day of December, 2011.
KEN BURKE, CLERK of COURT PINELLAS COUNTY, FLORIDA
By: LEE D. MACKSON
Florida Bar No. 435929
MICHELLE L. GERBER
Florida Bar No. 41061
SHUTTS & BOWEN LLP
Attorneys for Plaintiff
1500 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
Telephone: (305) 358-6300
December 9, 16, 2011 11-08598