11-04650

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 11-4013-CI-15
BAYSIDE VENTURES II, LLC, a Florida limited liability company,
Plaintiff, vs.
JUBILEE SHADOW RUN LLC, a Florida limited liability company f/k/a TCB SHADOW RUN LLC, a Florida limited liability company;
THE CAPITAL TRUST AGENCY, a public agency created under
Chapters 163 and 617, Florida
Statutes; U.S. BANK, NATIONAL
ASSOCIATION, AS TRUSTEE OF THE $1,795,000.00
SUBORDINATE MULTI-FAMILY HOUSING REVENUE BONDS (SHADOW RUN PROJECT), SERIES 2000C; GULF BREEZE FINANCIAL SERVICES, INC., a Florida not-for-profit corporation; and HOUSE OF FLOORS OF
TAMPA, INC., a Florida
corporation,
Defendants.
Notice is hereby given that pursuant to a Final Summary Judgment of Foreclosure entered in the above entitled cause in the Circuit Court of Pinellas County, Florida, Ken Burke, Clerk of the Circuit Court will sell the property located in Pinellas County, Florida described as:
SEE EXHIBIT “A”
EXHIBIT “A”
LEGAL DESCRIPTION OF
MORTGAGED PROPERTY
Lot 46, Block 2, of Pinebrook Estates, Phase 2, Unit 1, Section 2, according to the map or plat thereof, recorded in Plat Book 87, Pages 25 through 28, of the Public Records of Pinellas County, Florida.
TOGETHER WITH:
All of Debtor's present and future right, title and interest in and to all of the following:
A. All of the following which are used now or in the future in connection with the ownership, management or operation of the real property described above and/or the improvements on such real property (the “Property”): machinery, equipment, engines, boilers, incinerators, installed building materials; systems and equipment for the purpose of supplying or distributing hearing, cooling, electricity, gas, water, air, or light; antennas, cable, wiring and conduits used in connection with radio, television, security, fire prevention, or fire detection or otherwise used to carry electric signals; telephone systems and equipment; elevators and related machinery and equipment; fire detections, prevention and extinguishing systems and apparatus; security and access control systems and apparatus; plumbing systems; water heaters, ranges, stoves, microwave ovens, refrigerators, dishwashers, garbage disposers, washers, dryers and other appliances; light fixtures, awnings, storm windows and storm doors; pictures, screens, blinds, shades, curtains and curtain rods; mirrors; cabinets, paneling, rugs and floor and wall coverings; fences, trees and plants; swimming pools; and exercise equipment (any of the foregoing that are so attached to the Property as to constitute fixtures under applicable law are referred to below as the “Fixtures”);
B. All furniture, furnishings, equipment, machinery, building materials, appliances, goods, supplies, tools, books, records (whether in written or electronic form), computer equipment (hardware and software) and other tangible personal property (other than Fixtures) which are used now or in the future in connection with the ownership, management or operation of the Property or are located on the Property, and any operating agreements relating to the property, and any surveys, plans and specifications and contracts for architectural, engineering and construction services relating to the Property and all other intangible property and rights relating to the operation of, or used in connection with, the Property, including all governmental permits relating to any activities on the Property (the “Personalty”);
C. All current and future rights, including air rights, development rights, zoning rights and other similar rights or interest, easement, tenements, rights-of-way, strips and gores of land, streets, alleys, roads, sewer rights, waters, watercourses, and appurtenances related to or benefiting the Property, and all rights-of-way, streets, alleys and roads which may have been or may in the future be vacated;
D. All proceeds paid or to be paid by any insurer of the Property, the Fixtures, the Personalty or any other item listed herein;
E. All awards, payments and other compensation made or to be made by any municipal, state or federal authority with respect to the Property, the Fixtures, the Personalty or any other item listed herein, including any awards or settlements resulting from condemnation proceedings or the total or partial taking of the Property, the Fixtures, the Personalty or any other item listed herein under the power of eminent domain or otherwise and including any conveyance in lieu thereof;
F. All contracts, options and other agreements for the sale of the Property, the Fixtures, the Personalty or any other item listed herein entered into by Debtor now or in the future, including cash or securities deposited to secure performance by parties of their obligations;
G. All present and future leases, subleases, licenses, concessions or grants or other possessory interests now or hereafter in force, whether oral or written, covering or affecting the Property, or any portion of the Property (including proprietary leases or occupancy agreements if Debtor is a cooperative housing corporation), and all modification, extensions or renewals (the “Leases”);
H. All earnings, royalties, accounts receivable (including accounts receivable for all rents, revenues and other income of the Property, including parking fees, charges for food, health care and other services), issues and profits from the Property, or any other item listed herein, and all undisbursed proceeds of the loan secured by the security interests to which this financing statement relates and, if Debtor is a cooperative housing corporation, maintenance charges or assessments payable by shareholders or residents;
I. All refunds (other than real property tax refunds applicable to periods before the real property tax year in which the loan secured by the security interests to which this financing statement relates was made) or rebates of (a) water and sewer charges, (b) premiums for fire and other hazard insurance, rent loss insurance and any other insurance required by Secured Party, (c) taxes, assessments, vault rentals, and (d) other charges or expenses required by Secured Party to protect the Property, to prevent the imposition of liens on the Property, or otherwise to protect Secured Party's interests (collectively, the “Impositions”) by and municipal, state or federal authority or insurance company;
J. All tenant security deposits which have not been forfeited by any tenant under any Lease;
K. All names under or by which the Property or any part of it may be operated or known, and all trademarks, trade names, and goodwill relating to any of the Property or any part of it; and
L. All proceeds from the conversion, voluntary or involuntary, of any of the above into cash or liquidated claims, and the right to collect such proceeds.
at public sale, to the highest and best bidder for cash, at www.pinellas.realforeclose.com, beginning at 10:00 a.m. on August 10, 2011.
Dated: July 11, 2011
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 Court Administrator at 727-464-3341. If you are hearing or voice impaired, call Florida Relay Service 800-955-8770.
For the Court:
PATRICK M. MOSLEY, Esq.
Fla. Bar No. 0033735
HILL WARD HENDERSON PA
101 East Kennedy Boulevard,
Suite 3700
Tampa, FL 33602
Telephone: (813) 221-3900
Facsimile: (813) 221-2900
E-Mail: [email protected]
Attorneys for Plaintiff
July 15, 22, 2011 11-04650