-
-
Loading
Loading
FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY,
STATE OF FLORIDA
CIVIL DIVISION
CASE NO.: 08-016108-CI
DIVISION: 15
JUDGE: W. Douglas Baird
FLORIDA CAPITAL BANK, N.A.,
Plaintiff, v.
SWAN LANDING
DEVELOPMENT, L.L.C., et al.,
Defendants.
NOTICE IS GIVEN that under the Uniform Final Judgment Of Foreclosure, entered in this action on the 12th day of October, 2011, I will sell to the highest and best bidder or bidders for cash in an online sale at www.pinellas.realforeclose.com, beginning at 10:00 a.m. on December 15, 2011, the following described property:
See attached Exhibit A
EXHIBIT A
MARINA BAY - THE POINTE
BUILDING THREE:
A PARCEL OF LAND BEING A PORTION OF LOT 1, BLOCK 1 ECKERD'S SUBDIVISION, AS RECORDED IN PLAT BOOK 85, PAGE 45 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE S.40°00'00”E., 1721.02 FEET ALONG THE SOUTHWEST BOUNDARY OF SAID LOT 1; THENCE CONTINUE S.40°00'00”E., 176.48 FEET ALONG SAID SOUTHWEST BOUNDARY; THENCE LEAVING SAID SOUTHWEST BOUNDARY, N.50°00'00”E., 20.00 FEET FOR THE POINT OF BEGINNING; THENCE N.50°00'00”E., 10.19 FEET; THENCE N.05°00'00”E., 56.26 FEET; THENCE S.85°00'00”E., 89.33 FEET; THENCE S.05°00'00”W., 77.63 FEET; THENCE N.85°00'00”W., 62.63 FEET; THENCE S.50°00'00”W., 13.96 FEET; THENCE N.40°00'00”W., 34.00 FEET ALONG A LINE 20.00 FEET SOUTHWEST OF AND PARALLEL WITH SAID SOUTHWEST BOUNDARY OF LOT 1 TO THE POINT OF BEGINNING.
BUILDING FIVE:
A PARCEL OF LAND BEING A PORTION OF LOT 1, BLOCK 1 ECKERD'S SUBDIVISION, AS RECORDED IN PLAT BOOK 85, PAGE 45 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE S.40°00'00”E., 1721.02 FEET ALONG THE SOUTHWEST BOUNDARY OF SAID LOT 1; THENCE CONTINUE S.40°00'00”E., 297.84 FEET ALONG SAID SOUTHWEST BOUNDARY; THENCE LEAVING SAID SOUTHWEST BOUNDARY, N.50°00'00”E., 20.00 FEET FOR THE POINT OF BEGINNING; THENCE N.50°00'00”E., 10.19 FEET; THENCE N.05°00'00”E. 56.26 FEET; THENCE S.85°00'00”E., 89.33 FEET; THENCE S.05°00'00”W., 77.63 FEET; THENCE N.85°00'00”W., 62.63 FEET; THENCE S.50°00'00”W., 13.96 FEET; THENCE N.40°00'00”W., 34.00 FEET ALONG A LINE 20.00 FEET SOUTHWEST OF AND PARALLEL WITH SAID SOUTHWEST BOUNDARY OF LOT 1 TO THE POINT OF BEGINNING.
BUILDING SEVEN:
A PARCEL OF LAND BEING A PORTION OF LOT 1, BLOCK 1 ECKERD'S SUBDIVISION, AS RECORDED IN PLAT BOOK 85, PAGE 45 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE S.40°00'00”E., 1721.02 FEET ALONG THE SOUTHWEST BOUNDARY OF SAID LOT 1; THENCE CONTINUE S.40°00'00”E., 422.28 FEET ALONG SAID SOUTHWEST BOUNDARY; THENCE LEAVING SAID SOUTHWEST BOUNDARY, N.50°00'00”E., 20.00 FEET FOR THE POINT OF BEGINNING; THENCE N.50°00'00”E., 10.19 FEET; THENCE N.05°00'00”E. 56.26 FEET; THENCE S.85°00'00”E., 89.33 FEET; THENCE S.05°00'00”W., 77.63 FEET; THENCE N.85°00'00”W., 62.63 FEET; THENCE S.50°00'00”W., 13.96 FEET; THENCE N.40°00'00”W., 34.00 FEET ALONG A LINE 20.00 FEET SOUTHWEST OF AND PARALLEL WITH SAID SOUTHWEST BOUNDARY OF LOT 1 TO THE POINT OF BEGINNING.
BUILDING NINE:
A PARCEL OF LAND BEING A PORTION OF LOT 1, BLOCK 1 ECKERD'S SUBDIVISION, AS RECORDED IN PLAT BOOK 85, PAGE 45 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE S.40°00'00”E., 1721.02 FEET ALONG THE SOUTHWEST BOUNDARY OF SAID LOT 1; THENCE LEAVING SAID SOUTHWEST BOUNDARY, N.50°00'00”E., 170.00 FEET; THENCE S.40°00'00”E., 3.98 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 39.25 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 46.47 FEET THROUGH A CENTRAL ANGLE OF 67°49'48” (CHORD BEARING N.54°32'10”E. 43.80 FEET); THENCE S.72°59'07”E., 32.13 FEET; THENCE S.67°30'00”E., 109.02 FEET; THENCE N.69°00'00”E., 208.13 FEET; THENCE S.21°00'00”E., 333.93 FEET; THENCE S.65°20'57”W., 24.47 FEET TO THE POINT OF BEGINNING; THENCE S.24°39'03”E., 74.00 FEET; THENCE S.65°20'57”W., 75.33 FEET; THENCE N.24°39'03”W., 74.00 FEET; THENCE N.65°20'57”E., 75.33 FEET TO THE POINT OF BEGINNING.
EASEMENT PARCELS:
TOGETHER WITH THOSE NON-EXCLUSIVE EASEMENTS FOR ACCESS AND UTILITIES, WHICH BENEFIT THE ABOVE PARCELS, AS CREATED BY THE ACCESS AND UTILITY EASEMENT AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 12639, PAGE 1303, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
AND TOGETHER WITH THOSE NON-EXCLUSIVE EASEMENTS FOR ACCESS AND UTILITIES, WHICH BENEFIT THE ABOVE PARCELS, AS CREATED BY THE MORTGAGE, SECURITY AGREEMENT AND EASEMENT AGREEMENT DATED AUGUST 24, 2006 AND RECORDED IN OFFICIAL RECORDS BOOK 16329, PAGE 1892, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, WHICH EASEMENT AREA IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND BEING A PORTION OF LOT 1, BLOCK 1, ECKERD'S SUBDIVISION, AS RECORDED IN PLAT BOOK 85, PAGE 45 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LYING IN SECTION 10, TOWNSHIP 32 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID ECKERD'S SUBDIVISION; THENCE ALONG THE SOUTHWESTERLY LINE OF LOT 1, OF SAID ECKERD'S SUBDIVISION, S.40°00'00”E., 1,721.02 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE, N.50°00'00”E., 170.00 FEET; THENCE S.40°00'00”E., 3.96 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 39.25 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 46.47 FEET THROUGH A CENTRAL ANGLE OF 67°49'48” (CHORD BEARING N.54°32'10”E. 43.80 FEET); THENCE S.72°59'07”E., 3.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID LINE, S.72°59'07”E., 26.44 FEET TO A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 61.50 FEET; THENCE SOUTHERLY ALONG SAID CURVE 64.03 FEET THROUGH A CENTRAL ANGLE OF 59°39'09” (CHORD BEARING S.10°28'38”E., 61.18 FEET); THENCE S.40°18'12”E., 84.84 FEET TO A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 9.00 FEET; THENCE EASTERLY ALONG SAID CURVE 10.76 FEET, THROUGH A CENTRAL ANGLE OF 68°30'21” (CHORD BEARING S.74°33'23”E., 10.13 FEET); THENCE S.41°00'00”E., 23.15 FEET TO A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 9.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 11.06 FEET THROUGH A CENTRAL ANGLE OF 70°25'10” (CHORD BEARING S.05°05'37”E., 10.38 FEET); THENCE S.40°18'12”E., 41.60 FEET TO A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 9.00 FEET; THENCE EASTERLY ALONG SAID CURVE 13.46 FEET, THROUGH A CENTRAL ANGLE OF 85°41'48” (CHORD BEARING S.83°09'06”E., 12.24 FEET); THENCE N.54°00'00”E., 11.63 FEET; THENCE S.36°00'00”E., 22.00 FEET; THENCE S.54°00'00”W., 8.62 FEET TO A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 9.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 14.81 FEET, THROUGH A CENTRAL ANGLE OF 94°18'12” (CHORD BEARING S.06°50'54”W., 13.20 FEET); THENCE S.40°18'12”E., 30.89 FEET TO A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 29.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 13.56 FEET, THROUGH A CENTRAL ANGLE OF 26°46'54” (CHORD BEARING S.53°41'39”E., 13.43 FEET) TO A POINT OF COMPOUND CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 9.00 FEET; THENCE EASTERLY 8.47 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53°54'54”, (CHORD BEARING N.85°57'27”E., 8.16 FEET); THENCE N.59°00'00”E., 36.32 FEET; THENCE S.31°00'00”E., 25.58 FEET TO A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 14.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 14.64 FEET THROUGH A CENTRAL ANGLE OF 59°55'17” (CHORD BEARING S.12°51'51”E., 13.98 FEET) TO A POINT OF REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 46.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 6.44 FEET THROUGH A CENTRAL ANGLE OF 08°01'39” (CHORD BEARING S.38°48'40”E., 6.44 FEET); TO A POINT OF REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 41.50 FEET; THENCE EASTERLY ALONG SAID CURVE 54.46 FEET THROUGH A CENTRAL ANGLE OF 75°11'04” (CHORD BEARING S.72°23'23”E., 50.63 FEET); THENCE S.31°00'00”E., 22.27 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 63.50 FEET; THENCE WESTERLY ALONG SAID CURVE 44.68 FEET THROUGH A CENTRAL ANGLE OF 40°18'53” (CHORD BEARING S.86°19'57”W., 43.76 FEET) TO A POINT OF REVERSE CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 5.91 FEET THROUGH A CENTRAL ANGLE OF 169°10'45” (CHORD BEARING S.21°54'01”W., 3.98 FEET);; THENCE S.62°41'21”E., 73.41 FEET TO A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 36.00 FEET; THENCE EASTERLY ALONG SAID CURVE 24.61 FEET, THROUGH A CENTRAL ANGLE OF 39°09'52” (CHORD BEARING S.82°16'17”E., 24.13 FEET); THENCE S.24°39'03”E., 22.34 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 58.00 FEET; THENCE WESTERLY ALONG SAID CURVE 44.60 FEET THROUGH A CENTRAL ANGLE OF 44°03'33” (CHORD BEARING N.84°43'08”W., 43.51 FEET); THENCE N.62°41'21”W., 75.40 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 9.00 FEET; THENCE WESTERLY ALONG SAID CURVE 10.79 FEET THROUGH A CENTRAL ANGLE OF 68°40'35” (CHORD BEARING S.82°58'24”W., 10.15 FEET) TO A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 46.00 FEET; THENCE WESTERLY ALONG SAID CURVE 30.86 FEET THROUGH A CENTRAL ANGLE OF 38°26'06” (CHORD BEARING S.67°51'06”W., 30.28 FEET) TO A POINT OF REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 29.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 41.54 FEET THROUGH A CENTRAL ANGLE OF 82°04'08” (CHORD BEARING S.46°02'04”W., 38.08 FEET); THENCE S.05°00'00”W., 7.97 FEET; THENCE N.85°00'00”W., 60.13 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 43.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 42.07 FEET THROUGH A CENTRAL ANGLE OF 56°03'46” (CHORD BEARING N.41°23'14”E., 40.42 FEET) TO A POINT OF REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 14.29 FEET THROUGH A CENTRAL ANGLE OF 32°45'32” (CHORD BEARING N.53°02'21”E., 14.10 FEET); TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 2.00 FEET; THENCE NORTHWESTERLY 5.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 149°15'51”, (CHORD BEARING N.37°58'21”W., 3.86 FEET); TO A POINT OF REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 51.00 FEET; THENCE WESTERLY ALONG SAID CURVE 24.57 FEET THROUGH A CENTRAL ANGLE OF 27°36'16” (CHORD BEARING S.81°11'52”W., 24.33 FEET); THENCE N.85°00'00”W., 15.91 FEET; THENCE N.05°00'00”E., 26.00 FEET; THENCE S.85°00'00”E., 15.91 FEET TO A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 36.54 FEET, THROUGH A CENTRAL ANGLE OF 83°45'05” (CHORD BEARING N.53°07'28”E., 33.38 FEET) TO A POINT OF REVERSE CURVE CONCAVE EASTERLY HAVING A RADIUS OF 46.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 4.99 FEET THROUGH A CENTRAL ANGLE OF 06°13'01” (CHORD BEARING N.14°21'26”E., 4.99 FEET); TO A POINT OF REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 29.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 29.24 FEET THROUGH A CENTRAL ANGLE OF 57°46'09” (CHORD BEARING N.11°25'08”W., 28.02 FEET); THENCE N.40°18'12”W., 49.86 FEET TO A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 9.00 FEET; THENCE WESTERLY ALONG SAID CURVE 14.12 FEET, THROUGH A CENTRAL ANGLE OF 89°54'17” (CHORD BEARING N.85°15'21”W., 12.72 FEET); THENCE S.49°47'31”W., 15.03 FEET TO A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 63.00 FEET; THENCE WESTERLY ALONG SAID CURVE 49.71 FEET, THROUGH A CENTRAL ANGLE OF 45°12'29” (CHORD BEARING S.72°23'46”W., 48.43 FEET); THENCE N.85°00'00”W., 16.00 FEET; THENCE N.05°00'00”E., 26.00 FEET; THENCE S.85°00'00”E., 16.00 FEET TO A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 37.00 FEET; THENCE EASTERLY ALONG SAID CURVE 29.19 FEET, THROUGH A CENTRAL ANGLE OF 45°12'29” (CHORD BEARING N.72°23'46”E., 28.44 FEET); THENCE N.49°47'31”E., 14.95 FEET TO A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 9.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 14.15 FEET, THROUGH A CENTRAL ANGLE OF 90°05'43” (CHORD BEARING N.04°44'39”E., 12.74 FEET); THENCE N.40°18'12”W., 77.35 FEET TO A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 9.00 FEET; THENCE WESTERLY ALONG SAID CURVE 14.12 FEET, THROUGH A CENTRAL ANGLE OF 89°54'17” (CHORD BEARING N.85°15'21”W., 12.72 FEET); THENCE S.49°47'31”W., 14.38 FEET TO A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 63.00 FEET; THENCE WESTERLY ALONG SAID CURVE 49.71 FEET, THROUGH A CENTRAL ANGLE OF 45°12'29” (CHORD BEARING S.72°23'46”W., 48.43 FEET); THENCE N.85°00'00”W., 16.00 FEET; THENCE N.05°00'00”E., 26.00 FEET; THENCE S.85°00'00”E., 16.00 FEET TO A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 37.00 FEET; THENCE EASTERLY ALONG SAID CURVE 29.19 FEET, THROUGH A CENTRAL ANGLE OF 45°12'29” (CHORD BEARING N.72°23'46”E., 28.44 FEET); THENCE N.49°47'31”E., 14.31 FEET TO A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 9.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 14.15 FEET, THROUGH A CENTRAL ANGLE OF 90°05'43” (CHORD BEARING N.04°44'39”E., 12.74 FEET); THENCE N.40°18'12”W., 24.79 FEET TO A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 88.50 FEET; THENCE NORTHERLY ALONG SAID CURVE 85.45 FEET, THROUGH A CENTRAL ANGLE OF 55°19'26” (CHORD BEARING N.12°38'29”W., 82.17 FEET) TO THE POINT OF BEGINNING.
Together with the following:
(A) All of the land (the “Land”) in Pinellas County, Florida, described above hereto and made a part hereof, to have and to hold the same, together with all rights, privileges, tenements, hereditaments, rights-of-way, easements, appendages, projections appurtenances, water rights (including riparian and littoral rights), streets, ways, alleys, strips and gores of land now or hereafter in anyway belonging “ to, adjoining, appurtenant to, crossing, or pertaining to the Land.
(B) All buildings, betterments, structures, improvements and fixtures of any nature now or hereafter constructed or located, in whole or in part, on the Land, regardless of whether physically affixed thereto or now or hereafter severed or capable of severance from the Land (collectively, the ''Improvements”).
(C) All tangible property (collectively, the “Equipment”) now or hereafter owned by the Mortgagor and now or hereafter located at, affixed to, placed upon or used in connection with the Land or the Improvements. The Equipment includes, without limitation, the following: (l) all machinery, equipment, appliances, fixtures, conduits and systems for generating or distributing air, water, heat, air conditioning, electricity, light, fuel or refrigeration, or for ventilating or sanitary purposes, or for the exclusion of vermin or insects, or for the removal of dust, refuse, sewage or garbage, or for, fire prevention or extinguishing; (2) all elevators, escalators, lifts and dumbwaiters; (3) all motors, engines, generators, compressors, pumps, lift stations, tanks, boilers, water heaters, furnaces and incinerators; (4) all furniture, furnishings, fixtures, appliances, installations, partitions, projection systems, shelving, cabinets, lockers, vaults and wall safes; (5) all carpets, carpeting, rugs, underpadding, linoleum, tiles, mirrors, wall coverings, windows, storm doors, awnings, canopies, shades, screens, blinds, draperies and related hardware, chandeliers and light fixtures; (6) all plumbing, sinks, basins, toilets, faucets, pipes, sprinklers, disposals, laundry appliances and equipment, and kitchen appliances and equipment; (7) all alarm safety, electronic, telephone, music, entertainment and communications equipment and systems; (8) a11 janitorial, maintenance, cleaning, window washing, vacuuming, landscaping, pool and recreational equipment, and supplies; (9) all storage tanks (including, without limitation, underground storage tanks) together with pipes, lines and other equipment associated therewith; and (10) any other items of property, wherever kept or stored, if acquired by the Mortgagor with the intent of incorporating them in or using them in connection with the Land or the Improvements.
(D) All rights of the Mortgagor and to all awards or payments, including interest thereon and the right to receive the same, growing out of or resulting from any exercise of the power of eminent domain (including the taking of all or any part of the Land or the Improvements), or any alteration of the grade of any street upon which the Land abuts or any other injury to, taking of, or decrease in the value of the Land or the Improvements or any part thereof.
(E) All rights of the Mortgagor in and to any hazard, casualty, liability, or other insurance policy carried for the benefit of the Mortgagor or the Mortgagee with respect to the Improvements or the Equipment, including without limitation any unearned premiums and all insurance proceeds or sums payable in lieu of or as compensation for any loss of or damage to all or any portion of the Improvements or the Equipment.
(F) All rights of the Mortgagor in and to all supplies and building materials delivered to or located upon the Land or elsewhere and used or usable in connection with the construction or refurbishing of the Improvements or the Equipment.
(G) All rights of the Mortgagor in, to, under, by virtue of, arising from or growing out of any and all present or future contracts, instruments, accounts, insurance policies, permits, licenses, trade names, plans, specifications, appraisals, reports, paid fees, choses-in-action, subdivision restrictions or declarations or general intangibles whatsoever now or hereafter dealing with, affecting or concerning the Land, the Improvements or the Equipment or any portion thereof or interest therein including, without limitation, the following: (1) all contracts, plans, specifications and permits for or related to the Land or its development or the construction or refurbishing of the Improvements; (2) all agreements for the provision of utilities (including any reservation of capacity for utilities) to the Land or Improvements; (3) all payment, performance or other bonds; (4) all contracts, option agreements, right of first refusal agreements and other agreements now existing or hereafter made for the sale by the Mortgagor of all or any portion of the Land or the Improvements, including any deposits paid by any purchasers (howsoever such deposits may beheld) and any proceeds of such contacts and
agreements, including any purchase-money notes and mortgages made by such purchasers; and (5) any declaration of condominium, restrictions, covenants, easements or similar documents now or hereafter recorded against the title to all or any portion of the Land.
(H) All rents, income, issues and profits of the Land, the Improvements and other property subject to this Mortgage (collectively, the “Rents”), and all leases, subleases, tenancies, licenses, franchises and occupancy agreements of any nature whatsoever now or hereafter affecting the Land” or the Improvements (collectively, the “Leases”), together with all guaranties of the Leases and all security deposits and prepaid rents under the Leases.
(I) All proceeds (and proceeds of proceeds), products, replacements, additions, betterments, extensions, improvements, substitutions, renewals and accessions of or to any of the foregoing.
and improvements thereon (the “Property”).
Any person claiming an interest in the surplus, if any, from the judicial sale of the Property, other than the Property owner, as of the date of the Amended Notice Of Lis Pendens, must file a claim within sixty (60) days after the judicial sale of the Property.
In accordance with Americans with Disabilities Act, persons needing special accommodation to participate in this proceeding should, within 2 days of receiving this Notice and in no event later than 5 days before the proceeding, contact the Court Administrator at the Pinellas County Courthouse, 315 Court Street, Clearwater, Florida 33756, whose mailing address is Court Administration, 400 S. Ft. Harrison Avenue, Clearwater, Florida 33756, whose telephone number is (727) 464-4062 (V/TDD).
SHUMAKER, LOOP &
KENDRICK, LLP
By: TAMMY N. GIROUX, Esq.
(Fla Bar No. 0999938)
Bank of America Building -
Suite 2800
101 East Kennedy Boulevard
Tampa, Florida 33602
Telephone: (813) 229-7600
Facsimile: (813) 229-1660
E-mail: [email protected]
Counsel for Plaintiff, Florida
Capital Bank, N.A.
1392139v1
October 21, 28, 2011 11-07197