11-07712

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 10-10157-CI 20
U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, N.A., AS SUCCESSOR TO WELLS FARGO BANK, N.A., IN ITS
CAPACITY AS TRUSTEE FOR THE REGISTERED HOLDERS OF COBALT CMBS COMMERCIAL MORTGAGE TRUST 2007-C3, COMMERCIAL MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-C3,
Plaintiff, vs.
TANGLEWOOD ST.
PETERSBURG LIMITED
PARTNERSHIP, a Florida limited partnership, POOL CARE OF TAMPA BAY, INC., a Florida corporation, and DEVITO
BUILDERS, INC., a Florida
corporation,
Defendants.
Notice is hereby given that pursuant to a Uniform Final Judgment of Foreclosure entered in the above entitled cause on October 13, 2011 in the Circuit Court of Pinellas County, Florida, the Clerk of Court will sell the following property located in Pinellas County, Florida, having an address of 6522 54th Avenue North, St. Petersburg, Florida 33709, Parcel ID Number: 05/31/16/70002/200/0800, and described more fully on Exhibit “A” attached hereto at public sale, to the highest and best bidder for cash via Internet: www.pinellas.realforeclose.com at 11:00 a.m. on the 13th day of December, 2011.
Exhibit “A”
Mortgaged Property
(a) the real property described in Exhibit “A-1” attached hereto (the “Premises”) and the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter located thereon (the “Improvements”);
(b) all right, title, interest and estate of Defendant BORROWER now owned, of hereafter acquired, in and to the property, rights, interests and estates described below (the Premises, the Improvements, and such property, rights, interests and estates hereinafter described are collectively referred to herein as the “Security Property”).
(c) All easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, all rights to oil, gas, minerals, coal and other substances of any kind or character, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road, highway, alley or avenue, opened, vacated or proposed, in front of or adjoining the Premises, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Defendant BORROWER of, in and to the Premises and the Improvements and every part and parcel thereof, with the appurtenances thereto.
(d) All machinery, furniture, furnishings, equipment, computer software and hardware, fixtures (including, without limitation, all heating, air conditions, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature, whether tangible or intangible, whatsoever owned by Defendant BORROWER, or in which Defendant BORROWER has or shall have an interest, now of hereafter located upon the Premises and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Premises and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Defendant BORROWER, or in which Defendant BORROWER has or shall have an interest, now or hereafter located upon the Premises and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation, enjoyment and occupancy of the Premises and the Improvements (hereinafter collectively referred to as the “Equipment”), including any leases of any of the foregoing, any deposits existing at any time in connection with any of the foregoing, and the proceeds of any sale or transfer of the foregoing, and the right, title and interest of Defendant BORROWER in and to any of the Equipment that may be subject to any “security interests” as defined in the Uniform Commercial Code, as adopted and enacted by the State or States where any of the Security Property is located (the “Uniform Commercial Code”), superior in lien to the lien of the Mortgage.
(e) Awards or payments, including interest thereon, that may heretofore and hereafter be made with respect to the Premises and the Improvements, whether from the exercise of the right of eminent domain or condemnation (including, without limitation, any transfer made in lieu of or in anticipation of the exercise of said rights), or for a change of grade, or for any other injury to or decrease in the value of the Premises and Improvements.
(f) All leases and other agreements or arrangements heretofore or hereafter entered into affecting the use, enjoyment or occupancy of, or the conduct of any activity upon or in, the Premises and the Improvements, including any extensions, renewals, modifications or amendments thereof (the “Leases”) and all rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including without limitation, security, utility and other deposits), accounts, cash, issues, profits, charges for services rendered, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Defendant BORROWER or its agents or employees from any and all sources arising from or attributable to the Premises and the Improvements (the “Rents”), together with all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the debt secured by the Mortgage.
(g) All proceeds of and any unearned premiums on any insurance policies covering the Security Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Security Property.
(h) The right, in the name and on behalf of Defendant BORROWER, to appear in and defend any action of proceeding brought with respect to the Security Property and to commence any action or proceeding to protect the interest of Plaintiff in the Security Property.
(i) All accounts, escrows, documents, instruments, chattel paper, claims, deposits and general intangibles, as the foregoing terms are defined in the Uniform Commercial Code, and all franchises, trade names, trademarks, symbols, service marks, books, records, plans, specifications, designs, drawings, permits, consents, licenses, management agreements, contract rights (including, without limitation, any contract with any architect or engineer or with any other provider of goods or services for or in connection with any construction, repair, or other work upon the Security Property), approvals, actions, refunds of real estate taxes and assessments (and any other governmental impositions related to the Security Property), and causes of action that now or hereafter relate to, are derived from or are used in connection with the Security Property, or the use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon.
(j) All proceeds, products, offspring, rents and profits from any of the foregoing, including, without limitation, those from sale, exchange, transfer, collection, loss, damage, disposition, substitution or replacement of any of the foregoing.
As used in this Exhibit, “Borrower” refers to Defendant, TANGLEWOOD ST. PETERSBURG LIMITED PARTNERSHIP, a Florida limited partnership.
EXHIBIT “A-1”
(Description of Land)
A portion of Farms 8 and 9, according to the Plat of PINELLAS FARMS, as recorded in Plat Book 7, at Page 4 and 5 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, being more particularly described as follows: The East 353.33 feet of said Farm 8, LESS the West 53.00 feet of the North 135.00 feet of said East 353.33 feet; and also the North 1/2 of said Farm 9, LESS the Southwest 1/4 of the North 1/2 of said Farm 9, all lying within the Northwest 1/4 of Section 5, Township 31 South, Range 16 East, Pinellas County, Florida, all LESS right-of-way for 66th Street North and 54th Avenue North.
Property Address: 6522 54th Avenue North, St. Petersburg, Florida 33709
Parcel Identification Number
05/31/16/70002/200/0800
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.
LYNN WELTER SHERMAN
Florida Bar No. 375616
RYAN C. REINERT
Florida Bar No. 0081989
SHUTTS & BOWEN LLP
4301 W. Boy Scout Blvd. Suite 300
Tampa, Florida 33607
Telephone: (813) 229-8900
Facsimile: (813) 229-8901
Attorneys for Plaintiff
November 4, 11, 2011 11-07712