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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.: 10-17293 CI 13
FANNIE MAE,
Plaintiff, v.
CORTLAND REALTY PARTNERS III, LLC, a Delaware limited
liability company, and GLEN LAKE ESTATES HOMEOWNERS ASSOCIATION, INC., a Florida non-profit organization,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to an AMENDED UNIFORM FINAL JUDGMENT OF MORTGAGE FORECLOSURE NUNC PRO TUNC TO April 25, 2011 dated June 1, 2011 and entered in Case No.: 10-17293-CI 13, of the Circuit Court of the 6th Judicial Circuit in and for Pinellas County, Florida, wherein FANNIE MAE is Plaintiff and CORTLAND REALTY PARTNERS III, LLC, a Delaware limited liability company, and GLEN LAKE ESTATES HOMEOWNERS ASSOCIATION, INC., a Florida non-profit organization, are Defendants, I will sell to the highest bidder for cash at www.pinellas.realforeclose.com at 10:00 a.m., on the 29th day of June, 2011, the following described real and personal property situated in Pinellas County, Florida, to wit:
Tract 1, Glen Lakes Broderick Addition, according to the map or plat thereof as recorded in Plat Book 92, Pages 77 through 82, inclusive, of the Public Records of Pinellas County, Florida; LESS that portion of said Tract 1, lying within the platted Glen Lakes Boulevard ingress/egress and utility easement located on the Southeast portion of said Tract 1.
As more particularly described as follows:
Commencing at the Southwest corner of Section 24, Township 30 South, Range 16 East; thence along the South line of said Section 24, South 89 degrees 49'28” East, a distance of 473.78 feet to a point on the Easterly right of way line of Gandy Blvd., being also the Southwest corner of this tract and the Point of Beginning; thence leaving said South line of Section 24, North 32 degrees 31'57” East, along said Gandy Blvd. right of way line, a distance of 858.34 feet; thence leaving said right of way line South 57 degrees 28'03” East, a distance of 271.92 feet; thence South 00 degrees 10'32” West, a distance of 391.78 feet to a non-tangent point on a curve to the left, concave to the East; thence along said curve to the left an arc distance of 171.96 feet, radius 45.00 feet, chord distance 84.85 feet and chord bearing South 00 degrees 10'32” West; thence leaving said curve South 00 degrees 10'32” West, a distance of 102.90 feet to a point on the aforementioned South line of Section 24, Township 30 South, Range 16 East; thence along said South line of Section 24, North 89 degrees 49'28” West, a distance of 689.08 feet tot the Point of Beginning.
TOGETHER with that certainperpetual easement for ingress and egress for maintenance purposes of the wall as set forth in instrument recorded in O.R. Book 6273, Page 2018, Public Records of Pinellas County, Florida.
and
SEE ATTACHED PERSONAL
PROPERTY DESCRIPTION -
EXHIBIT “A”
EXHIBIT “A”
1. Improvements. The buildings, structures, improvements, and alterations now constructed or at any time in the future constructed or placed upon the land described in Exhibit A attached hereto (the “Land”), including any future replacements and additions (the “Improvements”);
2. Fixtures. All property which is so attached to the Land or the Improvements as to constitute a fixture under applicable law, including: machinery, equipment, engines, boilers, incinerators, installed building materials; systems and equipment for the purpose of supplying or distributing heating, 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 electronic signals; telephone systems and equipment; elevators and related machinery and equipment; fire detection, prevention and extinguishing systems and apparatus; security and access control systems and apparatus; plumbing systems; water heaters, ranges, stoves, microwave ovens, refrigerators, dishwashers, garbage disposals, 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 (the “Fixtures”);
3. Personalty: All equipment, inventory, general intangibles which are used now or in the future in connection with the ownership, management or operation of the Land or the Improvements or are located on the Land or in the Improvements, including furniture, furnishings, 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 Land or the Improvements or are located on the Land or in the Improvements, and any operating agreements relating to the Land or the Improvements, and any surveys, plans and specifications and contracts for architectural, engineering and construction services, relating to the Land or the Improvements and all other intangible property and rights relating to the operation of, or used in connection with, the Land or the Improvements, including all governmental permits relating to any activities on the Land (the Personalty”);
4. Other Rights. All current and future rights, including air rights, development rights, zoning rights and other similar rights or interests, easements, tenements, rights-of-way, strips and gores of land, streets, alleys, roads, sewer rights, waters, watercourses, and appurtenances related to or benefiting the Land or the Improvements, or both, and all rights-of-way, streets, alleys and roads which may have been or may in the future be vacated (the “Other Rights”);
5. Insurance Proceeds. All proceeds paid or to be paid by any insurer of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Collateral Property, whether or not Borrower obtained the insurance pursuant to Lender's requirement (the “Insurance Proceeds”)
6. Awards. All awards, payments and other compensation made or to be made by any municipal, state or federal authority with respect to the Land, the Improvements, the Fixtures, the Personalty or any other part of the Collateral Property, including any awards or settlements resulting from condemnation proceedings or the total or partial taking of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Collateral Property under the power of eminent domain or otherwise and including any conveyance in lieu thereof (the “Awards”);
7. Contracts. All contracts, options and other agreements for the sale of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Collateral Property entered into by Borrower now or in the future, including cash or securities deposited to secure performance by parties of their obligations (the “Contracts”);
8. Other Proceeds. 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 (the “Other Proceeds”);
9. Rents. All rents (whether from residential or non-residential space), revenues and other income of the Land or the Improvements, including subsidy payments received from any sources (including, but not limited to payments under any Housing Assistance Payments Contract), including parking fees, laundry and vending machine income and fees and charges for food, health care and other services provided at the Collateral Property, whether now due, past due, or to become due, and deposits forfeited by tenants (the “Rents”);
10. Leases. 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 Collateral Property, or any portion of the Collateral Property (including proprietary leases or occupancy agreements if Borrower is a cooperative housing corporation), and all modifications, extensions or renewals (the “Leases”);
11. Other. All earnings, royalties, accounts receivable, issues and profits from the Land, the Improvements or any other part of the Collateral Property, and all undisbursed proceeds of the loan secured by this Instrument and, if Borrower is a cooperative housing corporation, maintenance charges or assessments payable by shareholders or residents;
12. Imposition Deposits. Deposits held by the Lender to pay when due (1) any water and sewer charges which, if not paid, may result in a lien on all or any part of the Collateral Property, (2) the premiums for fire and other hazard insurance, rent loss insurance and such other insurance as Lender may require, (3) taxes, assessments, vault rentals and other charges, if any, general, special or otherwise, including all assessments for schools, public betterments and general or local improvements, which are levied, assessed or imposed by any public authority or quasi-public authority, and which, if not paid, will become a lien, on the Land or the Improvements, and (4) amounts for other charges and expenses which Lender at any time reasonably deems necessary to protect the Collateral Property, to prevent the imposition of liens on the Collateral Property, or otherwise to protect Lender's interests, all as reasonably estimated from time to time by Lender (the “Imposition Deposits”);
13. Refunds or Rebates. All refunds or rebates of Impositions by any municipal, state or federal authority or insurance company (other than refunds applicable to periods before this real property tax year in which the Security Instrument is dated);
14. Tenant Security Deposits. All tenant security deposits which have not been forfeited by any tenant under any Lease; and
15. Names. All names under or by which any of the above Colalteral Property may be operated or known, and all trademarks, trade names, and goodwill relating to any of the Collateral Property.
DATED this 6th day of June, 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 Administra-tor at 727-464-3341. If you are hearing or voice impaired, call Florida Relay Service 800-955-8770.
GARY M. FREEDMAN
Fla. Bar No. 727260
TABAS, FREEDMAN, SOLOFF, MILLER & BROWN, P.A.
Attorneys for Fannie Mae
One Flagler Building
14 Northeast First Avenue, Penthouse
Miami, Florida 33132
Telephone: (305) 375-8171
Facsimile: (305) 381-7708
[email protected]
June 10, 17, 2011 11-03901