11-06758

FIRST INSERTION
NOTICE OF SALE ON COMPLAINT
IN THE CIRCUIT COURT
OF THE SIXTH JUDICIAL
CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO:
52-2011-CA-005788-XX-CICI
FIRST CITIZENS BANK AND TRUST COMPANY, INC.,
COLUMBIA, SOUTH CAROLINA, successor in interest to Georgian Bank, by asset acquisition from the Federal Deposit Insurance
Corporation,
Plaintiff, v.
INDIAN ROCKS PARTNERS, LLC, a Georgia limited liability company, LIST ON THE ROCKS, LLC, a Florida limited liability company, PINELLAS COUNTY, FLORIDA UTILITIES and CITY OF INDIAN ROCKS BEACH,
Defendants.
NOTICE IS HEREBY GIVEN that the Clerk of the Circuit Court for Pinellas County, Florida, under and pursuant to the Uniform Final Judgment of Foreclosure heretofore entered on the 30th day of September, 2011, in that certain cause pending in the Circuit Court of the Sixth Judicial Circuit, in and for Pinellas County, Florida, being Civil Action No. 52-2011-CA-005788-XX-CICI, in which the Plaintiff is FIRST CITIZENS BANK AND TRUST COMPANY, INC., COLUMBIA, SOUTH CAROLINA, successor in interest to Georgian Bank, by asset acquisition from the Federal Deposit Insurance Corporation (“First Citizens Bank”), and the Defendants are INDIAN ROCKS PARTNERS, LLC, a Georgia limited liability company (“Indian Rocks Partners”), LIST ON THE ROCKS, LLC, a Florida limited liability company (“List on the Rocks”) and CITY OF INDIAN ROCKS BEACH (“City of Indian Rocks Beach”), and under and pursuant to the terms of the said Uniform Final Judgment of Foreclosure will offer for sale at www.pinellas.realforeclose.com, the Clerk's website for on-line auctions in accordance with Chapter 45 Florida Statutes, on the 31st day of October, 2011, at the hour of 10:00a.m. in the morning, the same being a legal sales day and the hour a legal hour of sale, the real and personal property situated in Pinellas County, Florida and legally described as follows:
Real Property
Parcel I
Lots 3, 4, 5, 6, 7, 9, 10, and a portion of Lot 8, Block 5, Haven Beach, according to the map or plat thereof as recorded in Plat Book 5, Page 27, of the Public Records of Pinellas County, Florida; said portion of Lot 8 being described as follows:
From the Southwest corner of said Lot 8, as the Point of Beginning, run North 01°29'57” West, 23.97 feet; thence North 89°25'03” East, 99.97 feet; thence South 01°29'57” East 25.40 feet to the South line of Lot 8; thence North 89°45'47” West 100.00 feet along the South line of Lot 8 to the Point of Beginning;
Together with that portion of Canal Avenue North lying South of Lots 9 and 10, Block 5 and between the West line of Lot 9 and the East line of Lot 10 extended South to the mean high water line of Yacht Basin, pursuant to Final Judgment recorded in Official Records Book 6704, Page 1901, of the Public Records of Pinellas County, Florida.
Parcel II
Lot 1, Holiday Recreational Vehicle Resort, according to the map or plat thereof as recorded in Plat Book 111, Pages 1 and 2, of the Public Records of Pinellas County, Florida.
Parcel III
The West 25 feet of the South 1/2 of Lot 14 and the North 15 feet of Lot 8 and the East 25 feet MOL of the South 25 feet of Lot 8, Block 5, Haven Beach Subdivision, according to the map or plat thereof recorded in Plat Book 5, Page 27, all of the Public Records of Pinellas County, Florida.
Parcel IV
Lot 13, Block 4, Haven Beach, according to the map or plat thereof as recorded in Plat Book 5, Page 27, together with the portion of Canal Avenue North, adjoining the Southerly boundary of said land and lying between the Easterly and Westerly boundary lines extended Southerly to the mean high water line of the Yacht Basin as described in that certain Final Judgment recorded in Official Records Book 6652, Page 425, as refiled in Official Records Book 6704, Page 1901, all of the Public Records of Pinellas County, Florida.
Parcel V
Lots 9, 10 and 11, Block 4, Haven Beach, according to the map or plat thereof as recorded in Plat Book 5, Page 27, together with the portion of Canal Avenue North, adjoining the Southerly boundary of said land and lying between the Easterly and Westerly boundary lines extended Southerly to the mean high water line of the Yacht Basin as described in that certain Final Judgment recorded in Official Records Book 6652, Page 425, as refiled in Official Records Book 6704, Page 1901, all of the Public Records of Pinellas County, Florida.
Parcel VI
Lot 12, Block 4, Haven Beach, according to the map or plat thereof as recorded in Plat Book 5, Page 27, together with the portion of the Vacated Canal Avenue North, adjoining the Southerly boundary of said land and lying between the Easterly and Westerly boundary lines extended Southerly to the mean high water line of the Yacht Basin as described in that certain Final Judgment recorded in Official Records Book 6652, Page 425, as refiled in Official Records Book 6704, Page 1901, all of the Public Records of Pinellas County, Florida.
Said property is also known as follows:
Parcel I
Lots 3-10, inclusive and the West 25 feet of the South 1/2 of Lot 14, Block 5, Haven Beach, according to the map or plat thereof as recorded in Plat Book 5, Page 27, of the Public Records of Pinellas County, Florida;
Together with that portion of Canal Avenue North lying South of Lots 9 and 10 and 11, Block 5, Haven Beach and between the West line of Lot 9 and the East line of Lot 11 extended South to the mean high water line of the adjoining Yacht Basin.
Parcel II
Lot 1, Holiday Recreational Vehicle Resort, according to the map or plat thereof as recorded in Plat Book 111, Pages 1 and 2, of the Public Records of Pinellas County, Florida.
Parcel III
Lots 9, 10, 11, 12 and 13, Block 4, Haven Beach, according to the map or plat thereof as recorded in Plat Book 5, Page 27, of the Public Records of Pinellas County, Florida;
Together with that portion of Canal Avenue North lying South of Lots 11, 12 and 13, Block 4, Haven Beach and between the West line of Lot 11 and the East line of Lot 13 extended South to the mean high water line of the adjoining Yacht Basin.
LESS AND EXCEPT the following described property released by Partial Release of Mortgage recorded in Official Records Book 16716, Page 1904; and deeded to City of Indian Beach, Florida by General Warranty Deed recorded in Official Records Book 16716, Page 1907, Public Records of Pinellas County, Florida:
Description: (Proposed Right of Way to be Dedicated to City of Indian Rocks Beach)
A portion of Lots 3 through 8 inclusive, Block 5, Haven Beach as recorded in Plat Book 5, Page 27, of the Public Records of Pinellas County, Florida, and a portion of Lot 1 and a portion of 1st Street (a 40-foot wide platted right-of-way formerly known as Haven Avenue North) of Holiday Recreational Vehicle Resort, as recorded in Plat Book 111, Page 1, of the Public Records of Pinellas County, Florida, being more particularly described as follows:
Commence at the Northwest corner of Lot 1, Block 5, Haven Beach as recorded in Plat Book 5, Page 27, of the Public Records of Pinellas County, Florida; thence South 07°41'48” East along the Westerly Boundary line of Lots 1 and 2, Block 5 of said Haven Beach, a distance of 100.29 feet; thence South 07°33'19” East, along the Westerly Boundary line of Lot 3, Block 5, of said Haven Beach, a distance of 28.14 feet to the Point of Beginning; thence South 32°51'35” East a distance of 6.05 feet; thence North 83°19'26” East, a distance of 48.07 feet to a point of non-tangent curve (radial bearing North 03°40'47” East), concave to the Southwest, having a radius of 50.00 feet, and a chord which bears South 48°28'21” East, a distance of 61.36 feet; thence along the arc of said curve to the right, a distance of 66.06 feet; thence South 04°41'22” East, a distance of 81.99 feet; thence South 01°09'12” West a distance of 46.00 feet; thence South 01°22'26” East, a distance of 65.28 feet to a point of non-tangent curve (radial bearing South 87°52'03” West), concave to the East having a radius of 23.00 feet, and a chord which bears South 15°35'23” East, a distance of 10.71 feet; thence along the arc of said curve to the left, a distance of 10.80 feet; thence South 27°57'09” East, a distance of 3.18 feet; thence South 89°38'45” West, a distance of 15.80 feet; thence North 27°57'09” West, a distance of 1.85 feet to a curve, concave to the Southwest, having a radius of 15.00 feet and a chord which bears North 54°24'53” West, a distance of 13.37 feet; thence along the arc of said curve to the left, a distance of 13.86 feet; thence South 89°47'59” West, a distance of 78.65 feet; thence North 86°29'33” West, a distance of 50.52 feet to a point of non-tangent curve (radial bearing South 09°03'29” West), concave to the Northeast, having a radius of 210.55 feet and a chord which bears North 67°10'47” West, a distance of 100.18 feet; thence along the arc of said curve to the right a distance of 101.15 feet to a point of non-tangent compound curve, concave to the East, having a radius of 334.00 feet, and a chord which bears North 07°38'30” East, a distance of 39.42 feet; thence along the arc of said curve to the right a distance of 39.45 feet; thence South 79°28'18” East, a distance of 24.00 feet; thence South 10°50'55” West, a distance of 20.35 feet to a point of non-tangent curve (radial bearing North 78°58'42” West), concave to the East, having a radius of 3.80 feet, and a chord which bears South 18°48'16” East, a distance of 3.78 feet; thence along the arc of said curve to the left, a distance of 3.96 feet, to a point of non-tangent compound curve, concave to the North, having a radius of 186.55 feet, and a chord which bears South 69°13'31” East, a distance of 73.56 feet; thence along the arc of said curve to the left, a distance of 74.04 feet; thence South 86°29'33” East, a distance of 48.54 feet; thence North 89°47'59” East, a distance of 61.33 feet to a curve concave to the Northwest, having a radius of 15.00 feet, and a chord which bears North 44°12'46” East, a distance of 21.43 feet; thence along the arc of said curve to the left a distance of 23.87 feet; thence North 01°22'26” West, a distance of 29.72 feet; thence North 01°09'12” East, a distance of 45.30 feet; thence North 04°41'22” West, a distance of 79.32 feet to a point of non-tangent curve (radial bearing North 77°04'35” East), concave to the Southwest, having a radius of 26.00 feet and a chord which bears North 47°36'37” West, a distance of 29.59 feet; thence along the arc of said curve to the left, a distance of 31.48 feet; thence South 83°19'26” West, a distance of 39.94 feet; thence South 36°58'19” West, a distance of 11.14 feet to a point on the Easterly Right of Way line of said 1st Street also being the Westerly Boundary line of Lot 3, Block 5 of said Haven Beach; thence North 07°33'19” West along said Easterly Right of Way line and the Westerly Boundary line of said Lot 3, a distance of 37.50 feet to the Point of Beginning.
together with all improvements, tenements, hereditaments and appurtenances pertaining thereto.
Personal Property
(A) Land. Those certain pieces, parcels or tracts of land situate, lying and being in the County of Pinellas, State of Florida, described and set forth in Exhibit “B” attached hereto and made a part hereof, or the portions thereof from time to time remaining encumbered by the lien of the Mortgage, and the benefit of all easements and other agreements, if any, described on such Exhibit “B” or appurtenant thereto (the “Land”).
(B) Improvements. All buildings, structures, betterments, and other improvements of any nature now or hereafter situated, or intended to be situated, in whole or in part upon the Land, regardless of whether physically affixed or now or hereafter severed or capable of severance from the Land (the “Improvements”).
(C) Appurtenances. All easements, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all tenements, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Borrower, and the reversion and reversions, remainder and remainders, rents, issues, profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of the Borrower of, in and to the same.
(D) Tangible Property. All of Borrower's right, title, and interest in and to all fixtures, equipment, furniture, furnishings, and tangible personal property of any nature whatsoever that is now or hereafter (i) attached or affixed to the Land or the Improvements, or both, or (ii) situated upon or about the Land or the Improvements, or both, regardless of whether physically affixed or severed or capable of severance from the Land or Improvements, or (iii) regardless of where situated, provided same is used or intended to be used in connection with any present or future use or operation of or upon the Land, or (iv) severed from the Land or Improvements, or both.
(F) Contract Rights. All of Borrower's right, title, and interest in and to any and all contracts, written or oral, express or implied, now existing or hereafter entered into or arising, in any manner related to the improvements, the construction of the improvements, use, operation, lease, sale, conversion, or other disposition (voluntary or involuntary) of the Land, Improvements, Tangible Property, the Rents, or any interest therein, or any combination, including any or all deposits, prepaid items, and payments due and to become due thereunder, service contracts, purchase contracts, repurchase agreements, management agreements, marketing agreements, labor agreements, advertising contracts, purchase orders, occupancy leases and equipment leases; but reserving to Borrower the use and benefit of all such contracts, deposits, prepaid items, payments, and proceeds until a default occurs herein. Lender will not be bound by any obligation of Borrower under, or with respect to, any contract rights listed herein unless, and only to the extent, Lender elects to assume such liability in writing.
(G) Other Intangibles. All of Borrower's right, title and interest in and to any and all other contract rights, accounts, instruments, and general intangibles, as such terms from time to time are defined in the Uniform Commercial Code as adopted in Florida, in any manner related to the use, construction, operation, lease, sale, conversion, or other disposition (voluntary or involuntary) of the Land, Improvements, Tangible Property, or Rents, or any interest therein, including all permits, licenses, insurance policies, rights of action, tradenames, and other choses in action; but reserving to Borrower the use and benefit of all such items until a default occurs herein. Lender will not be bound by any obligation of Borrower under, or with respect to, any intangibles listed herein unless, and only to the extent, Lender elects to assume such liability in writing.
(H) Accounts. All accounts and accounts receivable, relating to the Mortgaged Property, including, but not limited to, revenue derived from the rental of the Improvements and any other revenue collected by Borrower relating to the Mortgage Property. In the event Borrower files a petition in bankruptcy, this security interest shall continue to be a lien on all accounts and accounts receivable accrued, acquired or collected with respect to the Mortgaged Property after the filing of said petition in bankruptcy.
(I) Proceeds All proceeds of the conversion, voluntary or involuntary, of any of the property from time to time encumbered by this Mortgage into cash or other liquidated claims, or that are otherwise payable for injury or loss to, or the taking, conversion, requisitioning or destruction of, any and all such property, including all insurance and condemnation proceeds as provided in this Mortgage.
The property aforesaid, together with all improvements, buildings, fixtures, tenements, hereditaments and appurtenances thereto belonging, or in anywise appertaining, is being sold to satisfy First Citizens Bank's claims under said Judgment.
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.
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 of your receipt of this summons/notice, please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD).
DATED this 30th day of September, 2011.
JOHN M. BRENNAN
Florida Bar No. 0297951
GRAYROBINSON, P.A.
301 E. Pine Street, Suite 1400
Post Office Box 3068
Orlando, Florida 32802-3068
(407) 843-8880 Telephone
(407) 244-5690 Facsimile
Attorneys for Plaintiff,
FIRST CITIZENS BANK AND TRUST COMPANY, INC.,
COLUMBIA, SOUTH CAROLINA, successor in interest to Georgian Bank, by asset acquisition from the Federal Deposit Insurance
Corporation
October 7, 14, 2011 11-06758