11-03422

FIRST INSERTION
NOTICE OF SALE PURSUANT
TO CHAPTER 45
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.: 07-13818-CI-011
REDUS FLORIDA CONDOS, LLC, a Delaware limited liability company,
Plaintiff, vs.
DALTON EAST, LLC, a Florida limited liability company; S.I.D. REDINGTON SHORES, LLC, a Florida limited liability company; FRANK DAGOSTINO, an
individual; KRISTIN E.
DAGOSTINO, an individual; ROBERT E. LYONS, an individual; CAROL L. SIMON, an individual; and JODY SIMON, an individual, LA VISTANA CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation; ALAN JONES, an individual; CHRISTINE JONES, an individual; MICHAEL LILLIBRIDGE, an individual and KAREN LILLIBRIDGE, an individual,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure entered on May 5, 2011 in Case No. 2007-13818-CI-011, in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, that I will sell to the highest and best bidder via on-line auction on June 27, 2011 at 10:00 a.m. at www.pinellas.realforeclose.com, the property described as follows:
See attached Exhibit “A”.
EXHIBIT “A”
Lots B and C, SHERMAN CARROLL SUBDIVISION, according to the plat thereof, as recorded in Plat Book 132, Pages 97 and 98, of the Public Records of Pinellas County, Florida
Lot A, SHERMAN CARROLL SUBDIVISION, according to the plat thereof, as recorded in Plat Book 132, Pages 97 and 98, of the Public Records of Pinellas County, Florida. LESS and EXCEPT the following Condominium Parcels:
Unit #'s A200, A201, A202, A203, A204, A205, A300, A301, A302, A303, A304, A305, A400, A401, A402, A403, A404, A405, A500, A501, A502, A503, A504, A505, A600, A601, A602, A603, A604, A605, A700, A701, A702, A703, A704, A705, A801, A802, A803 and A804, LA VISTANA, A CONDOMINIUM, according to the plat thereof recorded in Condominium Plat Book 144, Pages 15 through 20, inclusive, and being further described in that certain Declaration of Condominium recorded in Official Records Book 15265, Page 569 et seq., of the Public Records of Pinellas County, Florida, together with an undivided interest or share in the common elements appurtenant thereto.
(the foregoing is referred to herein as the “Real Estate”).
TOGETHER WITH:
(the Real Estate, together with the hereinafter defined Improvements, Service Equipment, Leases, Rents, Contracts, Sales Contracts, Appurtenances and Proceeds are collectively referred to as the “Property”)
Any and all buildings and improvements now or hereafter erected on, under or over the Real Estate (the “Improvements”);
Any and all fixtures, machinery, equipment and other articles of real, personal or mixed property, at any time now or hereafter installed in, attached to or situated in or upon the Real Estate, or the buildings and improvements now or hereafter erected thereon, or used or intended to be used in connection with the Real Estate, or in the operation of the buildings and improvements, plant, business or dwelling situate thereon, whether or not such real, personal or mixed property is or shall be affixed thereto, and all replacements, substitutions and proceeds of the foregoing (all of the foregoing herein called the “Service Equipment”), including without limitation: (i) all appliances, furniture and furnishings; all articles of interior decoration, floor, wall and window coverings; all office, restaurant, bar, kitchen and laundry fixtures, utensils, appliances and equipment; all supplies, tools and accessories; all storm and screen windows, shutters, doors, decorations, awnings, shades, blinds, signs, trees, shrubbery and other plantings; (ii) all building service fixtures, machinery and equipment of any kind whatsoever; all lighting, heating, ventilating, air conditioning, refrigerating, sprinkling, plumbing, security, irrigating, cleaning, incinerating, waste disposal, communications, alarm, fire prevention and extinguishing systems, fixtures, apparatus, machinery and equipment; all elevators, escalators, lifts, cranes, hoists and platforms; all pipes, conduits, pumps, boilers, tanks, motors, engines, furnaces and compressors; all dynamos, transformers and generators; (iii) all building materials, building machinery and building equipment delivered on site to the Real Estate during the course of, or in connection with any construction or repair or renovation of the buildings and improvements; (iv) all parts, fittings, accessories, accessions, substitutions and replacements therefor and thereof; and (v) all files, books, ledgers, reports and records relating to any of the foregoing;
Any and all sales contracts, leases, subleases, tenancies, licenses, occupancy agreements or agreements to lease all or any portion of the Real Estate, Improvements, Service Equipment or all or any other portion of the Property and all extensions, renewals, amendments, modifications and replacements thereof, and any options, rights of first refusal or guarantees relating thereto (collectively, the “Leases”); all rents, income, receipts, revenues, security deposits, escrow accounts, reserves, issues, profits, awards and payments of any kind payable under the Leases or otherwise arising from the Real Estate, Improvements, Service Equipment or all or any other portion of the Property including, without limitation, minimum rents, additional rents, percentage rents, parking, maintenance and deficiency rents (collectively, the “Rents'); all of the following personal property (collectively referred to as the “Contracts”): all accounts, general intangibles and contract rights (including any right to payment hereunder, whether or not earned by performance) of any nature relating to the Real Estate, Improvements, Service Equipment or all or any other portion of the Property or the use, occupancy, maintenance, construction, repair or operation thereof; all management agreements, franchise agreements, utility agreements and deposits, building service contracts, maintenance contracts, construction contacts and architect's agreements; all maps, plans, surveys and specifications; all warranties and guaranties; all permits, licenses and approvals; and all insurance policies, books of account and other documents, of whatever kind or character, relating to the use, construction upon, occupancy, leasing, sale or operation of the Real Estate, Improvements, Service Equipment or all or any other portion of the Property; all reservations or sales contracts previously or hereafter entered into with regard to condominium units to be constructed on the Property and any and all escrow deposits paid thereunder (collectively, the “Sales Contracts”).
Any and all estates, rights, tenements, hereditaments, privileges, easements, reversions, remainders and appurtenances of any kind benefiting or appurtenant to the Real Estate, Improvements or all or any other portion of the Property; all means of access to and from the Real Estate, Improvements or all or any other portion of the Property, whether public or private; all streets, alleys, passages, ways, water courses, water and mineral rights relating to the Real Estate, Improvements or all or any other portion of the Property; all rights as declarant or unit owner under any declaration of condominium or association applicable to the Real Estate, Improvements or all or any other portion of the Property including, without limitation, all development rights and special declarant rights; and all other claims or demands, either at law or in equity, in possession or expectancy of, in, or to the Real Estate, Improvements or all or any other portion of the Property (all of the foregoing described in this subsection E herein called the “Appurtenances”);
Any and all “proceeds” of any of the above-described Real Estate, Improvements, Service Equipment, Leases, Rents, Contracts and Appurtenances, which term “proceeds” shall have the meaning given to it in the Uniform Commercial Code, as amended, (the “Code”) of the State in which the Property is located (collectively, the “Proceeds”) and shall additionally include whatever is received upon the use, lease, sale, exchange, transfer, collection or other utilization or any disposition or conversion of any of the Real Estate, Improvements, Service Equipment, Leases, Rents, Contracts and Appurtenances, voluntary or involuntary, whether cash or non-cash, including proceeds of insurance and condemnation awards, rental or lease payments, accounts, chattel paper, instruments, documents, contract rights, general intangibles, equipment and inventory;
All awards or payments, including interest thereon, made pursuant to condemnation or eminent domain proceedings with respect to the Real Estate;
All policies of property, hazard, rent loss, risk and all other types of insurance covering the Real Estate and the items described in Paragraphs 1 through 3 above, together with any and all extensions and replacements thereof, and any and all rights thereunder, and any and all rights of subrogation provided by the Mortgage and Security Agreement of even date herewith in favor of Secured Party covering the Real Estate;
All leases, sales contracts, subleases, tenancies, licenses, occupancy agreements or agreements to lease all or any portion of the Property, together with any extensions, renewals, amendments, modifications or replacements thereof, and any options. rights of first refusal or guarantees of any tenant's obligations under any lease now or hereafter in effect (individually, a “Lease” and collectively, the “Leases”);
All rents, income, receipts, revenues, reserves, issues and profits arising under any Lease including, without limitation, minimum rents, additional rents, percentage rents, parking, maintenance and deficiency rents All awards and payments of any kind derived from or relating to any Lease including, without limitation: (1) claims for the recovery of damages to the Property by proceeds of any policy of insurance or otherwise, or for the abatement of any nuisance existing thereon; (ii) claims for damages resulting from acts of insolvency or bankruptcy or otherwise; (iii) lump sum payments for the cancellation or termination of any Lease, the waiver of any term thereof, or the exercise of any right of first refusal or option to purchase; and (iv) the return of any insurance premiums or ad valorem tax payments made in advance and subsequently refunded; The proceeds of any rental or loss of rents insurance carried by Assignor on the Property; All security deposits and escrow accounts made by any tenant or subtenant under any Lease and all escrow deposits paid under any Sales Contract (the “Rents”);
The right to operate and manage the Property and to collect, as they become due, but not prior to accrual, the Rents;
The right to take or release security, release any party primarily or secondarily liable for any of the Liabilities, and grant extensions, renewals, modifications or indulgences with respect to the Note, the Mortgage or any other Loan Document;
All right, title and interest in and to any and all Sales Contracts for the sale of condominium units to be located or located in the project to be known as “Building B” of “La Vistana Condominiums”(the “Project”) which will be or has been constructed on the Real Estate, and any deposits paid under the Sales Contracts, and all rights under the Sales Contracts which have not been exercised;
All right, title and interest in and to any and all contracts entered into by Borrower with a general contractor for the Improvements to be constructed on the Real Estate (the “Construction Contract”); All right, title and interest in and to any and all contracts entered into by Borrower with an architect for the Improvements be constructed on the Real Estate (the “Architect's Contract”); and All right, title and interest in and to any and all contracts entered into by Borrower with an engineer for the Improvements to be constructed on the Real Estate (the “Engineer's Contract”);
All development rights, including, but not limited to, all building permits, surveys, architectural or engineering plans, specifications and contracts, governmental approvals, permits, licenses, franchises and all consents and approvals which it may now or hereafter own, receiver or be entitled to, with respect to or in connection with and to the extent they relate to the Real Estate or the Project; and all agreements with utility companies (public or private) with respect to or in connection with the Real Estate or the Project, including, but not limited to, utility agreements which deal with the availability of water and sewer services to the Real Estate, and ay prepayments or reservations made in connection therewith; and all warranties and guaranties covering any furniture, equipment, machinery, building supplies and materials, appliances, fixtures, and other property now or hereafter located on or placed upon the Real Estate, including, without limitation, air conditioning, heating and other appliances and equipment;
All right, title, interest privileges and powers, in, to and under and with respect to (i) the name “La Vistana, a Condominium”, (ii) the Condominium Documents (as hereinafter defined), whether now or hereafter existing, together with any an all changes, extensions, revisions and modifications thereto, and (iii) all right, title, and interest as the “Declarant” and “Developer” under the Condominium Documents;
The Condominium Documents shall mean and include the following:
(a) The Prospectus (Offering Circular) for La Vistana, A Condominium, and all modifications, revisions and amendments thereto, as previously submitted to Lender and approved by the Division of Florida Land Sales, Condominiums and Mobile Homes of the Florida Department of Business and Professional Regulation (the “Division”);
(b) The Declaration of Condominium of La Vistana, a Condominium, as previously submitted to Lender and approved by the Division, including necessary amendments prior to and at closing with approval of Lender; and
(c) Any and all other documents, instruments, permits and agreements, whether now or hereafter existing, relating in any way to the condominium regime imposed or to be imposed upon the Real Estate, to the extent necessary or useful for the completion of the Project.
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.
Dated at Orange County, Florida, this 9 day of May, 2011.
NOTICE PURSUANT TO
THE AMERICANS WITH
DISABILITIES ACT
In accordance with the Americans With Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the individual or agency sending notice not later than seven days prior to the proceeding at the address given on the notice. Telephone: Court Administrator Office, at (727) 464-3267 or (V) 1-800-955-8771 (TDD), via Florida Relay Service.
ZACHARY J. BANCROFT, Esquire
Florida Bar No. 0145068 LOWNDES, DROSDICK, DOSTER, KANTOR & REED, P.A.
450 South Orange Avenue, Suite 800 (32801)
Post Office Box 2809
Orlando, Florida 32802-2809
Phone: (407) 843-4600
Fax: (407) 843-4444
Email: [email protected]
Attorneys for Plaintiff
May 20, 27, 2011 11-03422