11-2566P

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 51-2009-CA-10872-WS
DIVISION: J2
QUALITY PROPERTIES ASSET MANAGEMENT COMPANY, as
successor in interest to Bank of
America, N.A. f/k/a NationsBank, N.A.,
Plaintiff, vs.
MARC RUTENBERG HOMES, INC., a Florida corporation, et al.,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Uniform Final Judgment of Foreclosure entered in the above-styled cause in the Circuit Court of Pasco County, Florida, the Clerk of the Circuit Court will sell the following property situated in Pinellas and Pasco Counties, Florida, described as:
SEE “EXHIBIT A”
ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PINELLAS COUNTY
Parcel 1: Lot 7, Block B, HAWKS LANDING, according to the map or plat thereof recorded in Plat Book 123, pages 62 through 67, inclusive, of the public records of Pinellas County, Florida,
Parcel 2: Lot 10, Block B, HAWKS LANDING, according to the map or plat thereof recorded in Plat Book 123, pages 62 through 67, inclusive, of the public records of Pinellas County, Florida,
Parcel 3: INTENTIONALLY DELETED
Parcel 4: Lot 20, Block B, HAWKS LANDING, according to the map or plat thereof recorded in Plat Book 123, pages 62 through 67, inclusive, of the public records of Pinellas County, Florida,
Parcel 5: INTENTIONALLY DELETED
Parcel 6: Lot 28, Block B, HAWKS LANDING, according to the map or plat thereof recorded in Plat Book 123, pages 62 through 67, inclusive, of the public records of Pinellas County, Florida,
MANATEE COUNTY
Parcel 7: INTENTIONALLY DELETED
Parcel 8: INTENTIONALLY DELETED
Parcel 9: INTENTIONALLY DELETED
Parcel 10: INTENTIONALLY DELETED
SARASOTA COUNTY
Parcel 11: INTENTIONALLY DELETED
PASCO COUNTY
Parcel 12: Lot 689, FLORENCIA AT THE CHAMPIONS CLUB, according to the map or plat thereof recorded in Plat Book 46, pages 86 through 92, of the public records of Pasco County, Florida,
Parcel 13: Lot 734, FLORENCIA AT THE CHAMPIONS CLUB, according to the map or plat thereof recorded in Plat Book 46, pages 86 through 92, of the public records of Pasco County, Florida,
AND TOGETHER WITH
All of the following, whether now owned or held by Marc Rutenberg Homes, Inc.:
(a) Appurtenances. The benefit of all tenements, hereditaments, easements and other rights of any nature whatsoever, if any, appurtenant to the real property described herein above (the “Land”) or the Improvements (defined below), or both, the benefit of all rights-of-way, strips and gores of land, streets, alleys, passages, drainage rights, sanitary sewer and potable water rights, stormwater drainage rights, rights of ingress and egress to the Land and all adjoining property, and any improvements of Marc Rutenberg Homes, Inc., now or hereafter located on any of such real property interests, water rights and powers, oil, gas, mineral and riparian and littoral rights, whether now existing or hereafter arising, together with the reversion or reversions, remainder or remainders, rents, issues, incomes and profits of any of the foregoing (the “Appurtenances”).
(b) Improvements. All buildings, structures, betterments and other improvements of any nature now or hereafter situated in whole or in part upon the Land or on the Appurtenances, regardless of whether physically affixed thereto or severed or capable of severance therefrom (the “Improvements”).
(c) Tangible Property. All of Marc Rutenberg Homes, Inc.'s right, title and interest, if any, in and to all fixtures, equipment and tangible personal property of any nature whatsoever that is now or hereafter (i) attached or affixed to the Land, the Appurtenances, or the Improvements, or (ii) situated upon or about the Land, the Appurtenances and/or the Improvements, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (iii) used, regardless of where situated, if used, usable or intended to be used, in connection with any present or future use or operation of or upon the Land. The foregoing includes: all goods and inventory, all heating, air conditioning, lighting, incinerating and power equipment; all engines, compressors, pipes, pumps, tanks, motors, conduits, wiring, and switchboards; all plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating, and communications and public address apparatus; all signage and recreational amenities including, without limitation, swimming pools, exercise equipment, tennis courts, clubhouse furnishings or saunas; all boilers, furnaces, oil burners, vacuum cleaning systems, elevators and escalators; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets, and partitions; all rugs, draperies and carpets; all laundry equipment; all building materials; all furniture (including, without limitation, any outdoor furniture), furnishings, office equipment and office supplies; and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing. The property interests encumbered and described in this paragraph are called the “Tangible Property.”
(d) Rents. All rents, issues, incomes and profits in any manner arising from the Land, Improvements, Appurtenances or Tangible Property, or any combination thereof, including Marc Rutenberg Homes, Inc.'s interest in and to all leases of whatsoever kind or nature, licenses, franchises and concessions of or relating to all or any portion of the Land, Appurtenances, Improvements or Tangible Property, or the operation thereof, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations thereof. The property interests encumbered and described in this subparagraph are called the “Rents.”
(e) Secondary Financing. All of Marc Rutenberg Homes, Inc.'s right, power or privilege to further encumber any of the collateral described herein, it being intended by this provision to divest Marc Rutenberg Homes, Inc., of the power to encumber or to grant a security interest in any of the collateral as security for the performance of an obligation.
(f) Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property encumbered by the Mortgage into cash or other liquidated claims, or that are otherwise payable for injury to or the taking or requisitioning of any such property, including all judgments, settlements and insurance and condemnation proceeds.
(g) Contract Rights. All of Marc Rutenberg Homes, Inc.'s right, title and interest in and to any and all contracts or leases, written or oral, express or implied, now existing or hereafter entered into or arising, in any matter related to the improvement, use, operation, sale, conversion or other disposition of any interest in the Land, Appurtenances, Improvements, Tangible Property or the Rents, or any combination thereof, including all tenant leases, sales contracts, reservation deposit agreements, any and all deposits, prepaid items, and payments due and to become due thereunder; and including, without limitation, contracts pertaining to maintenance, on-site security service, elevator maintenance, landscaping services, building or project management, marketing, leasing, sales and janitorial services; Marc Rutenberg Homes, Inc.'s interests as lessee in equipment leases, including telecommunications, computers, vending machines, model furniture, televisions, laundry equipment; and Marc Rutenberg Homes, Inc.'s interests in construction contracts or documents (including architectural drawings and plans and specifications relating to the Improvements), service contracts, use and access agreements, advertising contracts and purchase orders. The property interests encumbered and described in this paragraph are called the “Contract Rights.” Notwithstanding the foregoing, Quality Properties Asset Management Company and/or Bank of America, N.A., will not be bound by any of Marc Rutenberg Homes, Inc.'s obligations under any of the foregoing contracts unless and until Quality Properties Asset Management Company and/or Bank of America, N.A., elects to assume any of such contracts or leases in writing.
(h) Name. All right, title and interest of Marc Rutenberg Homes, Inc., in and to all trade names, project names, logos, service marks, trademarks, goodwill, and slogans now or hereafter used in connection with the operation of the mortgaged property, except the name “Marc Rutenberg” alone or in combination with other terms.
(i) Other Intangibles. All contract rights, commissions, money, deposits, certificates of deposit, letter of credit, documents, instruments, chattel paper, accounts and general intangibles [as such terms from time to time are defined in the Uniform Commercial Code as adopted by the State of Florida as in effect from time to time (the “Florida Uniform Commercial Code”)], in any manner related to the construction, use, operation, sale, conversion or other disposition (voluntary or involuntary) of the Land, Appurtenances, Improvements, Tangible Property or Rents, including all construction plans and specifications, architectural plans, engineering plans and specifications, permits, governmental or quasi-governmental approvals, licenses, utility reservations and rights to receive utility services and all rights to and under fees or charges paid by or credits granted to Marc Rutenberg Homes, Inc., or on its behalf in connection with the Land, Improvements and Appurtenances, developer rights (but not the obligations), vested rights under any Planned Unit Development or Development of Regional Impact or other project, zoning, or land use approval, insurance policies, rights of action and other choses in action.
at public sale, to the highest and best bidder, for cash, on the Pasco County Public Auction website: www.pasco.realforeclose.com after having first given notice as required by Section 45.031, Florida Statutes at 11:00 a.m., on January 4, 2012.
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 SIXTY (60) DAYS AFTER THE 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 Public Information Dept., Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext. 8110 (V) in Dade City; at least 7 days before your scheduled appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice 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 on December 2, 2011.
JOHN N. MURATIDES, Esq.
Florida Bar No. 332615
Stearns Weaver
Miller Weissler
Alhadeff & Sitterson, P.A.
Post Office Box 3299
Tampa, FL 33602
Telephone: (813) 223-4800
Attorneys for Plaintiff
December 9, 16, 2011 11-2566P