11-04647

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
Case No. 08-10484-CI-13
SUNTRUST BANK,
Plaintiff, v.
LIBERTY MURANO, LLC,
LIBERTY MIRABEL LLC,
RAXIT SHAH and KETKI SHAH,
Defendants.
NOTICE is hereby given that, pursuant to a Final Judgment entered July 1, 2011, in Case Number 08-10484-CI-13, in the Circuit Court of Pinellas County, Florida, the Clerk of Court shall offer for sale separately, the property situate in Pinellas County, Florida, described as:
Sale 1:
The Northwest 1/2 of Lots 9 and 22, and Lots 10, 11, 20 and 21, in Block 26, MITCHELL'S BEACH, according to the plat thereof, as recorded in Plat Book 3, Page 54, of the Public Records of Pinellas County, Florida; together with vacated 15 foot alley within said Block 26 and lying between said lots bounded on the Northwest by the Northwesterly lot lines of Lot 11 and 20 extended to the center of alley and on the Southeast by the Southwesterly lot line of said Northwesterly 1/2 of Lots 9 and 20 extended to center of said alley; also together with that portion of vacated Gulf Avenue abutting the Westerly lot lines of said Lot 10 and the Northwesterly 1/2 of Lot 9 extended Westerly.
Sale 2:
Lots 33 and 34, UNIT 5A ISLAND ESTATES OF CLEARWATER, according to the plat thereof, as recorded in Plat Book 60, Page 51, of the Public Records of Pinellas County, Florida.
All of the aforementioned hereinafter referred to as Land.
Together with the following as to each property described above, respectively:
Together with all of Mortgagor's right, title and interest in and to all easements, privileges, hereditaments and other rights of any nature appurtenant to the Land or the Improvements (defined below), the benefit of all rights-of-way, strips and gores of land, streets, alleys, passages, drainage rights, sewer rights, rights of ingress and egress to the Land and all adjoining property, and any improvements now or hereafter located thereon, water rights and powers, oil, gas, mineral and riparian 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 (collectively, the “Appurtenances”).
Together with all of Mortgagor's right, title and interest in and to, all buildings, structures, and other improvements of any nature, now or hereafter situated in whole or in part upon the Land or the Appurtenances, regardless of whether physically affixed thereto or severed or capable of severance therefrom (collectively, the “Improvements”).
Together with all of Mortgagor's right, title and interest in and to, all fixtures, equipment, books and records, plans and specifications, options, governmental approvals, permits, licenses, development rights, impact fee credits, water and sewer taps, leases, contract rights (including, without limitation, any written or oral agreement or agreements, now existing or hereafter entered into between Mortgagor and any other person or entity pertaining or relating to leasing or purchase of all or any of the Land and all deposits in connection therewith), trade names, accounts, insurance policies, investment property, general intangibles, chattel paper, sums of money on deposit with Mortgagee, and other tangible and intangible personal property of the Mortgagor (as defined the Florida Uniform Commercial Code) of any nature whatsoever, whether now existing or hereafter arising (collectively, the “Personalty”).
Together with, to the extent not included in the definition of Personalty above, an assignment of all rents, issues, incomes and profits in any manner arising from the Land, Improvements or Personalty, or any combination, including Mortgagor's interest in and to all leases, licenses, franchises and concessions relating to the Land, Improvements or Personalty, whether now existing of hereafter arising (collectively, the “Rents”).
Together with all proceeds of conversion, voluntary or involuntary, of any of the foregoing Land, Improvements, Appurtenances, Personalty and Rents 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 insurance and condemnation proceeds thereof (collectively, the “Proceeds”).
Together with all of Mortgagor's right, title, and interest in and to all rents and leases now existing or hereafter arising with respect to the Property, income issues, profits, revenues, royalties, rights and benefits arising now or hereinafter from the Property and any and all monies, awards or other payments made or payable by any and all tenants occupying the Property either in lieu of rent or on account of or arising from any default by any tenant under any lease, including, but not limited to, any damages arising therefrom (all such monies, award or payments, including but not limited to, damages, are collectively referred to herein as the “Damages”).
Together with acquired, or rights to acquire, permits, licenses, warranties, plans, specifications and development rights, and certain contracts, purchase agreements, reservation agreements, sale contracts, leases, development or developer's agreements, DRIs (or assignment of development rights thereunder), or other rights in respect of the Property including, without limitation, governmental authorizations, utility rights, guaranties and impact fee credits (all of the foregoing collectively referred to hereinafter as the “Collateral”.
Together with all real and personal property collateral described in the Murano Mortgage and the other Murano Loan Documents on one hand, and the Mirabel Mortgage and the other Mirabel Loan Documents on the other hand, shall constitute “collateral” security both the Murano Loan and the Mirabel Loan.
Together with all on-site and off-site land improvements consisting of, without limitation, site work, curb cuts, utilities, roadways, retention ponds and other drainage systems, landscaping, vertical improvements, together with all fixtures, tenant improvements (but excluding personal property of such tenants), and appurtenances now or hereafter located on the Property and/or in such improvements.
Together with all leases, license agreements and other occupancy or use agreements (whether oral or written) in effect with respect to the Property or any part thereof, together will all options therefore, amendments thereto and renewals, modifications and guaranties thereof, including any cash or security deposited under the Leases to secure performance by the tenants of their obligations under the leases, whether such cash or security is to be held until the expiration of the terms of the Leases or applied to one or more of the installments of rent coming due thereunder.
Together with all of its right, title and interest in and to all present and future rents, income, issues profits, revenues, royalties, rights and benefits arising now and hereafter from the Property and any and all monies, awards or other payments made or payable by any and all tenants occupying the Property either in lieu of rent or on account of or arising from any default by any tenant under any lease, including, but not limited to, any damages arising therefrom (all such monies, award or payments, including but not limited to damages, are collectively referred to herein as the “Damages” Any lease or leases for all or a portion of the Property, together with all amendments, modifications, extensions, guarantees, renewals, additions and replacements thereto, are hereinafter collectively referred to as the “Leases” and, individually, referred to as “Lease”.
at Public Sale, to the highest and best bidder for cash, online via the internet at www.pinellas.realforeclose.com pursuant to Judgment or Order of the Court and Chapter 45, Florida Statutes., at 10:00 a.m. on the 10th day of August, 2011.
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.
NOTICE: 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. 300, 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.
Dated: June 11, 2011.
SHUMAKER, LOOP &
KENDRICK, LLP
240 South Pineapple Avenue
Post Office Box 49948
Sarasota, Florida 34230-6948
(941) 366-6660
(941) 366-3999 Facsimile
By STEVEN J CHASE
Florida Bar #210277
104115v1
July 15, 22, 2011 11-04647