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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 11002755 CICI
SECTION: 007
STORAGE QUEST (ST.
PETERSBURG FLORIDA)
LIMITED PARTNERSHIP, a
Nevada limited partnership,
Plaintiff, vs.
PARK OAKHURST AIR
CONDITIONED SELF STORAGE, LLC, a Florida limited liability company; KENNETH A. GORDON, individually; and UNKNOWN OWNER(S)/TENANT(S) IN
POSSESSION,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure dated October 4, 2011 entered in Case No. 11002755 CICI of the Circuit Court of Pinellas County, Florida, that the Clerk will sell to the highest and best bidder for cash at www.pinellas.realforeclose.com on November 22, 2011, at 10:00 a.m., the property described in Schedule A attached hereto, as set forth in said Uniform Final Judgment of Foreclosure.
SCHEDULE A
The real property and personal property involved in this suit comprises those certain lands located Pinellas County, Florida that are more particularly described in and to Exhibit “A” attached hereto and by this reference incorporated herein (collectively, the “Land”), the Improvements (hereinafter defined), and the personal property (including without limitation, the rents, income, revenues, security deposits, issues, profits and awards arising out of the leasehold estate in the Land and out of the Improvements), all as described in (i) that certain Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents (the “Mortgage”) executed by Park Oakhurst Air Conditioned Self Storage, LLC, a Florida limited liability company (“Borrower”) in favor of Royal Bank of Canada (“Royal Bank”), recorded in O.R. Book 15829 at page 744 of the Public Records of Pinellas County, Florida (the “Records”), as assigned to Wells Fargo Bank, N.A., as Trustee for Morgan Stanley Capital I Inc., Commercial Mortgage Pass-Through certificates, Series 2007-IQ15 recorded in O.R. Book 16183, Page 1951 of the Records and further assigned to Storage Quest Holdings Limited Partnership, a Nevada limited partnership by instrument recorded in O.R. Book 17368, Page 2301 of the Records, and further assigned to Storage Quest (St. Petersburg Florida) Limited Partnership, by instrument recorded in O.R. Book 17368, Page 1306 of the Records, and (ii) that certain Assignment of Leases and Rents executed by Borrower in favor of Royal Bank, recorded in O.R. Book 15829 at page 782 of the Records, as assigned to Wells Fargo Bank, N.A., as Trustee for Morgan Stanley Capital I Inc., Commercial Mortgage Pass-Through certificates, Series 2007-IQ15 recorded in O.R. Book 16183, Page 1953 of the Records and further assigned to Storage Quest Holdings Limited Partnership, a Nevada limited partnership by instrument recorded in O.R. Book 17368, Page 2301 of the Records, and further assigned to Storage Quest (St. Petersburg Florida) Limited Partnership, by instrument recorded in O.R. Book 17368, Page 1306 of the Records :
DESCRIPTION OF MORTGAGED PROPERTY
The Land, Improvements, Fixtures and Personalty, Construction Agreements, Plans, Sales Contracts, Leases and Rents (all as defined below), together with:
(a) the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the “Improvements”);
(b) all easements, rights of way or use, rights, strips and gores of land, streets, ways, alleyways, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land laying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
(c) all furnishings, machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and the improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the “Personal Property”), and the right, title and interest of Borrower in and to any of the Personal Property which 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 Property is located, the “Uniform Commercial Code”), superior in lien to the lien of the Security Instrument (as hereinafter defined) and all proceeds and products of the above;
(d) all leases and agreements affecting the use, enjoyment or occupancy of the Land and the Improvements (the “Leases”) heretofore or hereafter entered into, whether before or after the filing by or against Borrower of any petition for relief under U.S.C §101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”) and all right, title and interest of Borrower, it successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, revenues (including but not limited to, their obligations thereunder and all rents, additional rents, revenues (including but not limited to, any payments made by tenants under the Leases in connection with the termination of any payments made by tenants under the Leases in connection with the termination of any Lease), issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements (the “rents”) whether paid or accruing before or after the filing by or against Borrower of any petition for relief under the Bankruptcy Code and 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 (as defined in the Security Instrument); any and all guaranties, letters of credit and any other credit support (individually, a “Lease Guaranty” and collectively, the “Lease Guaranties”) given by any guarantor in connection with ay of the Leases; and all rights, powers, privileges, options and other benefits of Borrower as lessor under the Leases and beneficiary under all Lease Guaranties;
(e) all awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain (including but not limited to any transfer made in lieu of or in anticipation of the exercise of the right), for a change of grade, or for any other injury to or decrease in the value of the Property;
(f) all proceeds of and any unearned premiums on any insurance policies covering the 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 Property.
(g) All refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction; all proceeds of the conversion, voluntary or involuntary, of any of the foregoing including without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;
(h) All agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or respecting any business or activity conducted on the Land and any part thereof and all right, title and interest of Borrower therein and thereunder, including without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Borrower thereunder;
(i) All tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property which are owned by Borrower; and
(j) Any and all right of Borrower in and to the items set forth in Subsections (a) through (i) above.
EXHIBIT A
Lots 2 and 3 of DAVIES SUBDIVISOIN, according to the map or plat thereof recorded in Plat Book 112, Page 49, of the Public Records of Pinellas County, Florida.
TOGETHER WITH non-exclusive easement(s) over and across Lot 1 of said Davies Subdivision for ingress and egress and for drainage retention, as set forth and more fully described in that certain Declaration of Easements, Covenants, Conditions and Restrictions recorded in Official Records Book 8771, page 1762 as amended by First Amendment recorded in Official Records Book 8990, page 1130 of the public records of Pinellas County, Florida.
ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (60) DAYS AFTER THE SALE
In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact the individual or agency sending this notice no later than seven (7) days prior to the proceeding. If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
NATHAN A. CARNEY, Esq.
FBN: 0487491
[email protected]
TRENAM KEMKER
101 E. Kennedy Blvd., Suite 2700
Tampa, FL 33602
Tel: (813) 223-7474
Fax: (813) 229-6553
Attorneys for Storage Quest (St. Petersburg Florida) Limited Partnership
Oct. 28; Nov. 4, 2011 11-07409