11-03384

FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE 6TH JUDICIAL CIRCUIT,
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIRCUIT CIVIL ACTION
CASE NO. 2010-12879-CI-8
U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, N.A. (SUCCESSOR BY MERGER TO LASALLE BANK, NATIONAL
ASSOCIATION), AS TRUSTEE FOR THE REGISTERED
HOLDERS OF BEAR STEARNS COMMERCIAL MORTGAGE
SECURITIES INC.,
COMMERCIAL MORTGAGE PASS-THROUGH
CERTIFICATES, 2006-PWR14
Plaintiff, vs.
PRIORITY ONE DEVELOPERS, INC., a Florida corporation;
SUSAN DIANE
SCHMIDT-WEINER; SUSAN DIANE SCHMIDT-WEINER, as TRUSTEE OF THE SUSAN DIANE SCHMIDT-WEINER REVOCABLE TRUST UNDER AGREEMENT DATED NOVEMBER, 17 1999; and COMMERCIAL ELECTRICAL CONTRACTING, INC., a Florida corporation,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Corrected Uniform Final Judgment of Foreclosure dated May 11, 2011, entered in Case No. 2010-12879-CI-8 in the Circuit Court of the 6th Judicial Circuit in and for Pinellas County, Florida, wherein U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, N.A. (SUCCESSOR BY MERGER TO LASALLE BANK, NATIONAL ASSOCIATION), AS TRUSTEE FOR THE REGISTERED HOLDERS OF BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, 2006-PWR14, is the Plaintiff, and PRIORITY ONE DEVELOPERS, INC., a Florida corporation; SUSAN DIANE SCHMIDT-WEINER; SUSAN DIANE SCHMIDT-WEINER, as TRUSTEE OF THE SUSAN DIANE SCHMIDT-WEINER REVOCABLE TRUST UNDER AGREEMENT DATED NOVEMBER, 17 1999; and COMMERCIAL ELECTRICAL CONTRACTING, INC., a Florida corporation, are the Defendants, I will sell to the highest and best bidder for cash at the Pinellas County Clerk's website for on-line auctions on June 7, 2011 at 10:00 a.m., via the Internet at www.pinellas.realforeclose.com, the following described property situated in Pinellas County, as set forth in said Final Judgment, to wit:
SEE “EXHIBIT A” AND “EXHIBIT A-1”
ATTACHED HERETO AND MADE A PART HEREOF.
EXHIBIT “A”
MORTGAGED PROPERTY
All of Borrower's right, title and interest, whether now owned or hereafter acquired in or to all of the following (collectively, the “Property”):
(a) That real property (“Land”) located in Largo, Pinellas County, Florida, and more particularly described on Exhibit A-1 attached hereto and incorporated herein by this reference;
(b) All buildings, improvements, personal property, equipment and fixtures now or hereafter located on the Land;
(c) All additions, accretions, rents, issues, profits, royalties, appurtenances, easements, water, water rights, water stock, minerals, oil rights, gas rights, air rights and other rights now or hereafter appurtenant or related to the Land;
(d) All goods, building and other materials, supplies, work in process, equipment, machinery, fixtures, furniture, furnishings, signs and other personal property, wherever situated, which are or are to be incorporated into, used in connection with or appropriated for use on the Property;
(e) All rents, issues, deposits and profits of the Property including, without limitation, all amounts payable and all rights and benefits accruing to the Borrower under the Leases (as hereinafter defined);
(f) All present and future leases of the Property, and all license and agreements relating to the management, leasing or operation of the Property, and all other agreements of any kind relating to the use or occupancy of the Property, whether such leases, licenses and agreements are now existing or entered into after the date hereof (collectively, the “Leases”), and also including all guarantees of and security for the tenants' performance under the Leases, and all amendments, extensions, renewals or modifications thereto which are permitted pursuant to that certain Mortgage and Absolute Assignment of Rents and Leases and Security Agreement (and Fixture Filing) recorded in Official Records Book 15337, Page 843 of the Public Records of Pinellas County, Florida (the “Mortgage”);
(g) All inventory, accounts, cash receipts, deposit accounts, impounds, accounts receivable, contract rights, general intangibles, software, chattel paper, instruments, documents, promissory notes, drafts, letters of credit, letter of credit rights, supporting obligations, insurance policies, insurance and condemnation awards and proceeds, any other rights to the payment of money, trade names, trademarks and service marks arising from or related to the Property or any business now or hereafter conducted thereon by Borrower;
(h) All permits, consents, approvals, licenses, authorizations and other rights granted by, given by or obtained from, any governmental entity with respect to the Property;
(i) All deposits or other security now or hereafter made with or given to utility companies by Borrower with respect to the Property;
(j) All advance payments of insurance premiums made by Borrower with respect to the Property;
(k) All plans, drawings and specifications relating to the Property;
(l) All loan funds held by Mortgagee, as hereinafter defined, whether or not disbursed;
(m) All funds deposited with Mortgagee pursuant to any Loan Document, as hereinafter defined;
(n) All reserves, deferred payments, deposits, accounts, refunds, cost savings and payments of any kind related to the Property or any portion thereof, including, without limitation, all “Impounds” as defined herein;
(o) together with all replacements and proceeds of, and additions and accessions to, any of the foregoing, and all books, records and files relating to any of the foregoing.
As utilized in this Exhibit, the term “Borrower” shall mean Priority One Developers, Inc., a Florida corporation, and the term “Mortgagee” shall mean the Plaintiff. The term “Loan Documents” shall have the same meaning as in the Mortgage.
EXHIBIT “A-1”
LEGAL DESCRIPTION
Lot 1, PINERIDGE BUSINESS CENTER, according to the Plat thereof recorded in Plat Book 133, Page 8 and 9, Public Records of Pinellas County, Florida.
Also described as follows:
A parcel of land located in the Southwest 1/4 of Section 1, Township 30 South, Range 15 East, being a portion of Lots 12 and 13 of, PINELLAS GROVES, recorded in Plat Book 1, Page 55, Public Records of Pinellas County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Lot 46, of TALL PINES ESTATES-PHASE 1, recorded in Plat Book 85, Page 65 and 66, Public Records of Pinellas County, Florida, also being the intersection of the Westerly right-of-way of Tall Pines Drive (an 80 foot right of way) and the Northerly limits of a 175 foot Florida Power Corporation easement, recorded in Official Records Book 1366, Page 16 through 20, Public Records of Pinellas County, Florida, as a point of reference; thence South 00°05'53” East, along said right of way, 491.93 feet to the POINT OF BEGINNING; thence continue along said right of way, 162.34 feet to a point of curve; thence along the arc of a curve to the right, concave Northwesterly, radius 460.00 feet, arc 465.88 feet, chord bearing South 28°54'58” West, 446.22 feet to a point of tangency; thence South 57°55'48” West, 16.85 feet; thence leaving said right of way North 44°55'24” West, 111.59 feet; thence South 45'04'36” West, 12.00 feet; thence North 44°55'24” West, 150.00 feet; thence North 00°04'36” East, 32.96 feet; thence South 89°43'27” East, 147.68 feet; thence North 33°11'48” East 60.58 feet; thence North 00°06'21” West 306.15 feet; thence South 89°03'41” East 242.69 feet to the POINT OF BEGINNING.
TOGETHER WITH:
Tract A, PINERIDGE BUSINESS CENTER, according to the Plat thereof recorded in Plat Book 133, Page 8 and 9, Public Records of Pinellas County, Florida.
Also described as follows:
A parcel of land located in the Southwest 1/4 of Section 1, Township 30 South, Range 15 East, being a portion of Lot 13, of PINELLAS GROVES, recorded in Plat Book 1, Page 55, Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of Lot 47 of TALL PINES ESTATES-PHASE I, recorded in Plat Book 85, Pages 65 and 66, Public Records of Pinellas County, Florida, also being the intersection of the Easterly right of way of Tall Pines Drive (an 80 foot right of way) and the Northerly limits of a 175 foot Florida Power Corporation Easement, recorded in Official Records Book 1366, Page 16 through 20, Public Records of Pinellas County, Florida, as a point of reference; thence South 00°05'53” East, along said right of way, 456.79 feet to the POINT OF BEGINNING; thence continue South 00°05'53” East, along said right of way 195.91 feet to a point of curve; thence along the arc of a curve to the right, concave Northwesterly, radius 540.00 feet, arc 546.90 feet, chord bearing South 28°54'58” West, 523.82 feet; thence leaving said right of way South 89°02'31” East, 339.13 feet; thence North 00°05'53” West, 658.71 feet; thence North 89°03'46” West, 85.01 feet to the POINT OF BEGINNING.
PARCEL IV: (EASEMENT)
A non-exclusive easement for ingress and egress as set forth in that certain Ingress and Egress Easement Deed recorded in Official Records Book 5763, page 1044; as amended by Agreement Modifying Ingress and Egress Easement Deed, dated November 24, 1987, recorded in Official Records Book 6632, Page 123, Public Records of Pinellas County, Florida. (Benefits Lot 1)
PARCEL VI: (EASEMENT)
A non-exclusive appurtenant easement for Ingress and Egress of motor vehicles, as set forth in that certain Declaration of Easement and Maintenance Agreement recorded in Official Records Book 9293, Page 680, Public Records of Pinellas County, Florida. (Benefits Lot 1)
PARCEL VIII: (EASEMENT)
Easement established in Drain Pipe Easement Agreement recorded in Official Records Book 12839, Page 946, Public Records of Pinellas County, Florida. (Benefits Lot 1 and Tract A)
PARCEL IX: (EASEMENT)
Easement established in Declaration of Easement from Gulf Coast Housing of St. Petersburg, Inc., a Florida corporation, to Largo Holding Company, Ltd., a Florida limited partnership, dated February 4, 1985, and recorded February 18, 1985 in Official Records Book 5934, Page 1717, Public Records of Pinellas County, Florida. (Benefits Lot 1)
PARCEL X: (EASEMENT)
Easement established in Declaration of Easement and Restrictions recorded August 30, 2006, in Official Records Book 15337, Page 828, Public Records of Pinellas County, Florida. (Benefits Lot 1 and Tract A).
Property Address: 2200 Tall Pines Drive, Largo, Florida 33771
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.
AMERICANS WITH DISABILITIES ACT (ADA) NOTICE
In accordance with the Americans with Disabilities Act, 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. Within two (2) working days or your receipt of this (describe notice/order) please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD). 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 disabled transportation services.
DATED THIS 12th day of May, 2011.
KEN BURKE, CLERK of COURT PINELLAS COUNTY, FLORIDA
By: JOHN W. BUSTARD
Florida Bar No 0641871
SHUTTS & BOWEN LLP
Attorneys for Plaintiff
1500 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
Telephone: (305) 358-6300
May 20, 27, 2011 11-03384