11-1737H

FIRST INSERTION
NOTICE of FORECLOSURE sale
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.:10-CA-013583
DIVISION: “H”
WILDER CORPORATION OF
DELAWARE, a Delaware
corporation as Assignee of WELLS FARGO BANK, N.A., as Trustee for the Registered Holders of CREDIT SUISSE FIRST BOSTON
MORTGAGE SECURITIES CORP., Commercial Mortgage Pass-Through Certificates, Series 2006-C4, by and through HELIOS AMC, LLC, in its capacity as Special Servicer,
Plaintiff, v
BAYSHORE EAST
CORPORATION, a Florida
corporation; and Unknown Owner(s)/Tenant(s) In Possession n/k/a CCMC F&B, LLC d/b/a BEEF 'O' BRADY'S, a Florida limited
liability company; BUDGET CATERING SERVICES, LLC d/b/a BUDGET CATERING COMPANY, a Florida limited liability company; AMPIE ADAMO, LLC d/b/a
American Pie Pizza Company, a Florida limited liability company; and THE BAYSHORE COMPANY, a Florida corporation,
Defendants.
NOTICE is hereby given pursuant to a Summary Final Judgment of Foreclosure dated June 13, 2011, and entered in Case No.: 10-CA-013583, of the Circuit Court of the 13th Judicial Circuit in and for Hillsborough County, Florida, wherein WILDER CORPORATION OF DELAWARE, a Delaware corporation, as Assignee of WELLS FARGO BANK, N.A., as Trustee for the Registered Holders of CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., Commercial Mortgage Pass-Through Certificates, Series 2006-C4, by and through HELIOS AMC, LLC, in its capacity as Special Servicer, is the Plaintiff, and BAYSHORE EAST CORPORATION, a Florida corporation; and Unknown Owner(s)/Tenant(s) In Possession n/k/a CCMC F&B, LLC d/b/a BEEF 'O' BRADY'S, a Florida limited liability company; BUDGET CATERING SERVICES, LLC d/b/a BUDGET CATERING COMPANY, a Florida limited liability company; AMPIE ADAMO, LLC d/b/a American Pie Pizza Company, a Florida limited liability company; and THE BAYSHORE COMPANY, a Florida corporation, are the Defendants. The Clerk will sell to the highest and best bidder for cash at public sale on July 25, 2011 beginning at 2:00 p.m., the following described property as set forth in said Final Judgment to wit:
SEE ATTACHED EXHIBIT A
EXHIBIT A
A parcel of land in Tract “A” of TAMPA CENTRAL PARK-PHASE ONE, according to the map or plat thereof recorded in Plat Book 44, Page 83, of the Public Records of Hillsborough County, Florida, and lying in the Northwest 1/4 of Section 19, Township 29 South, Range 20 East, Hillsborough County, Florida, more particularly described as follows:
Commence at the Northwest corner of TAMPA CENTRAL PARK - PHASE ONE, said corner being on a curve to the right having a radius of 2732.79 feet, the curve being the South right-of-way line of State Road No. 60, from a tangent baring of North 84 deg 42 min 22 sec East, run through a central angle of 07 deg 02 min 29 sec along the arc of said right-of-way line, a distance of 335.85 feet to the POINT OF BEGINNING; from a tangent bearing of South 88 deg 15 min 09 sec East, run through a central angle of 07 deg 01 min 37 sec (06 deg 36 min 29 sec measured), along the same right-of-way line, an arc distance of 335.16 feet (315.18 measured) to the intersection of the South right-of-way line of State Road 60 and the West right-of-way line of Ware Boulevard; run thence South 00 deg 07 min 54 sec East (South 00 deg 20 min 58 sec East measured) along the West right-of-way of Ware Boulevard, a distance of 147.14 feet; run thence South 08 deg 15 min 42 sec East (South 08 deg 29 min 29 sec East measured) along said right-of-way line, a distance of 84.85 feet (84.88 feet measured); run thence South 00 deg 07 min 54 sec East (South 00 deg 05 min 12 sec East measured) along said right-of-way line, a distance of 266.28 feet (266.47 feet measured) to the beginning of a curve to the right having a radius of 26.00 feet, from a tangent bearing of South 00 deg 07 min 54 sec East, run thence through a central angle of 100 deg 31 min 20 sec (101 deg 14 min 07 sec measured) along the arc of said curve, a distance of 45.62 (45.94 feet measured) feet to the beginning of a curve to the left having a radius of 2214.09 feet, said curve being the North right-of-way line of Lunar Drive; from a tangent bearing of North 79 deg 36 min 34 sec West run thence through a central angle of 08 deg 12 min 10 sec (08 deg 12 min 19 sec measured) along the arc of said right-of-way line, a distance of 316.98 feet (317.08 feet measured); run thence North 00 deg 07 min 54 sec West (North 00 deg 09 min 35 sec West measured), a distance of 394.54 feet (394.49 feet measured); run thence North 89 deg 52 min 06 sec East, a distance of 0.70 feet; run thence North 00 deg 07 min 54 sec West, a distance of 47.00 feet; run thence South 89 deg 52 min 06 sec West, a distance of 0.70 feet, run thence North 00 deg 07 min 54 sec West, a distance of 77.50 feet to the POINT OF BEGINNING.
LESS:
Parcel of land in Tract “A” of TAMPA CENTRAL PARK - PHASE ONE, according to the map or plat thereof as recorded in Plat Book 44, Page 83, of the public records of Hillsborough County, Florida and lying in the Northwest 1/4 of Section 19, Township 29 South, Range 20 East, Hillsborough County, Florida, more particularly described as follows:
For a POINT OF BEGINNING commence at the Northeast corner of said Tract “A” of TAMPA CENTRAL PARK - PHASE ONE, said POINT OF BEGINNING being the intersection of the South right-of-way line of State Road 60 and the West right-of-way line of Ware Boulevard; run thence South 00 deg 07 min 54 sec East, a distance of 24.00 feet; run thence North 81 deg 26 min 07 sec West, a distance of 20.00 feet; run thence North 00 deg 07 min 54 sec West, a distance of 24.00 feet; run thence along a curve to the right having a radius of 2732.79 feet, a distance of 20.00 feet (chord of 20.00 feet, chord bearing South 81 deg 26 min 07 sec East) to the POINT OF BEGINNING.
TOGETHER WITH:
Any and all assets of the Borrower, of any kind or description, tangible or intangible, whether now existing or hereafter arising or acquired, including, but not limited to:
(a) all property of, or for the account of, the Borrower now or hereafter coming into the possession, control or custody of, or in transit to, the Lender or any agent or bailee for the Lender or any parent, affiliate or subsidiary of the Lender or any participant with the Lender in the loans to the Borrower (whether for safekeeping, deposit, collection, custody, pledge, transmission or otherwise), including all earnings, dividends, interest, or other rights in connection therewith and the products and proceeds therefrom, including the proceeds of insurance thereon; and
(b) the additional property of the Borrower, whether now existing or hereafter arising or acquired, and wherever now or hereafter located, together with all additions and accessions thereto, substitutions for, and replacements, products and proceeds therefrom, and all of the Borrower's books and records and recorded data relating thereto (regardless of the medium of recording or storage), together with all of the Borrower's right, title and interest in and to all computer software required to utilize, create, maintain and process any such records of data on electronic media, identified and set forth as follows:
(i) All Accounts and all Goods whose sale, lease or other disposition by the Borrower has given rise to Accounts and have been returned to, or repossessed or stopped in transit by, the Borrower, or rejected or refused by an Account Debtor;
(ii) All Inventory, including, without limitation, raw materials, work-in-process and finished goods;
(iii) All Goods (other than Inventory), including, without limitation, embedded software, Equipment, Fixtures, vehicles, furniture including beds, bureaus, chiffoniers, chests, chairs, desks, lamps, mirrors, bookcases, tables, rugs, carpeting, drapes, draperies, curtains, shades, venetian blinds, screens paintings, hangings, pictures, divans, couches, luggage carts, luggage racks, stools, sofas, chinaware, flatware, tableware, towels, sheets, linens, pillows, blankets, glassware, foodcarts, cookware, dry cleaning facilities, dining room wagons, keys or other entry systems, bars, bar fixtures, alcoholic beverages, liquor and beverage dispensers (to the extent permitted under applicable law and regulations, but only so long as such security interest, pledge or assignment does not result in a forfeiture of, or diminution to, any of Lender's rights or remedies otherwise available at law or under the Loan Documents), ice makers, radios, televisions sets, intercom and paging equipment, electric and electronic equipment, dictating equipment, private telephone systems, telephones, medical equipment, potted plants, heating, lighting and plumbing fixtures, fire prevention and extinguishing apparatus, cooling and air- conditioning systems, elevators, escalators, fittings, plants, apparatus, stoves, ranges, refrigerators, microwaves, coffee makers, laundry machines, tools, machinery, engines, dynamos, motors, boilers, incinerators, switchboards, conduits, compressors, vacuum cleaning systems, floor cleaning, waxing and polishing equipment, call systems, brackets, electrical signs, bulbs, bells, ash and fuel, conveyors, cabinets, lockers, shelving, spotlighting equipment, dishwashers, garbage disposals, washers and dryers, other furnishings, and other customary hotel equipment, including any at the Property used for retail space, commercial office space, and/or parking);
(iv) All Software and computer programs;
(v) All Securities and Investment Property;
(vi) All Chattel Paper, Electronic Chattel Paper, Instruments, Documents, Letter of Credit Rights, all proceeds of letters of credit, Health-Care-Insurance Receivables, Supporting Obligations, notes secured by real estate, Commercial Tort Claims, contracts, licenses, permits and all other General Intangibles, including Payment Intangibles and collateral assignments of beneficial interest in land trusts;
(vii) All agreements, leases, licenses and management contracts, affecting the use, enjoyment or occupancy of the Land and/or Improvements now or hereafter entered into, together with all of Borrower's rights thereunder, and any future payments and/or remittances pursuant thereto (“Leases”), including any and all deposits and reserves thereunder, all guaranties of such Leases, and the immediate and continuing right to collect thereunder, it being intended and agreed that whenever and however generated, whether now or hereafter, Lender shall have a continuing security interest in and/or lien pursuant to 11 U.S.C. Section 552(b), on all of the foregoing, including the immediate and continuing right to collect all fees, charges, accounts or other charges for the use or occupancy of rooms and other public facilities in or on the Property, including all rents, income, security deposits, tax, insurance and the FF & E Reserve deposits, charges, receipts, royalties, profits, issues, service reimbursements, fees, accounts receivables, revenues and prepayments of any of the same (including termination, cancellation, option and similar payments), from or related to the Land and/or Improvements from time to time accruing under the Leases and/or the operation of the Land and/or Improvements including, all revenues and credit card receipts collected from guest rooms and suites, restaurants, bars, cocktail lounges, meeting rooms, banquet rooms and recreational facilities, and any other operations of the hotel, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Borrower or any operator or manager of the hotel or the commercial space located in the Improvements or acquired from others (including from the rental of any office space, retail space, parking, guest rooms or other space, halls, stores, and offices, and deposits securing reservations of such space), license, lease, sublease and concession fees and rentals, health club facilities, health club membership fees, food and beverage wholesale and retail sales, other department revenues, service charges (including late charges, termination, cancellation, option and similar payments), vending machine, sales, other payments, profits, proceeds, and in particular, proceeds if any, from business interruption or other loss of income insurance (all of the foregoing being collectively termed “Rents”);
(viii) All insurance policies and proceeds insuring the foregoing property or any part thereof, including unearned premiums; and
(ix) All operating accounts, the Loan funds, all escrows, reserves and any other monies on deposit with or for the benefit of Lender, including deposits for the payment of real estate taxes and insurance, maintenance and leasing reserves, and any cash collateral accounts, clearing house accounts, operating accounts, bank accounts of Borrower or any other Deposit Accounts of Borrower.
Unless expressly defined herein, all capitalized terms shall have the meanings ascribed them in the Mortgage which is the subject of this action.
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.
If you are a person with a disability who needs an accommodation, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation please contact the ADA Coordinator within seven working days of the date the service is needed; if you are hearing or voice impaired, call 711.
Dated this 16 day of June, 2011.
PAT FRANK
Clerk of Circuit Court
(SEAL) By: Glendaly Martinez
Deputy Clerk
PETER D. GRAHAM, Esq.
ZACUR, GRAHAM & COSTIS, P.A.
5200 Central Avenue
St. Petersburg, FL 33707
June 24; July 1, 2011 11-1737H