11-06074

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT
IN AND FOR
THE SIXTH JUDICIAL CIRCUIT
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 11-01794CI-15
WELLS FARGO BANK,
NATIONAL ASSOCIATION,
successor-by-merger to Wachovia Bank, National Association,
Plaintiff, vs.
KB 70, LLC, a Florida limited
liability company, et al.
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to a Final Judgment entered in the above-styled cause in the Circuit Court of Pinellas County, Florida, I shall hold a sale of the subject property described as:
See Exhibit A attached hereto and made a part hereof by reference
as is fully set forth herein for
legal description.
EXHIBIT A
DESCRIPTION OF PROPERTY
Lot 14, Block 1, and Lots 1 and 2, Block 2, Shoppes At Park Place, according to the map or plat thereof as recorded in Plat Book 130, Page 51, Public Records of Pinellas County, Florida.
Together with the following:
1. All fixtures, machinery, equipment and other articles of personal or mixed property, belonging to Debtor, at any time now or hereafter installed in, attached to or situated in or upon the real property described above (the “Real Estate”), or the buildings and Improvements now or hereafter erected thereon (the “Improvements”), 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 personal or mixed property Is or shall be affixed thereto, and all replacements, substitutions and proceeds of the foregoing (collectively, 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.
2. All leases, subleases, tenancies, licenses, occupancy agreements or agreements to lease all or any portion of the Real Estate, Improvements or Service Equipment 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 or Service Equipment, including, without limitation, minimum rents, additional rents, percentage rents, parking, maintenance and deficiency rents (collectively, the “Rents”); all of the following personal property (collectively, the “Contracts”): all accounts, general intangibles and contract rights (including any right to payment thereunder, whether or not earned by performance) of any nature relating to the Real Estate, Improvements or Service Equipment, 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 contracts 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 or Service Equipment.
3. All awards or payments, including interest thereon, made pursuant to condemnation or eminent domain proceedings with respect to the Real Estate.
4. 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.
5. All proceeds of any of the items described in Paragraphs 1 through 4 above, which shall 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 and Contracts, 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.
at public sale, on October 18, 2011, or as soon thereafter as the sale may proceed, to the highest and best bidder, for cash. The sale will be held in an online sale at www.pinellas.realforeclose.com beginning at 10:00 a.m. on the prescribed date, in accordance with Chapter 45, Florida Statutes.
IMPORTANT INFORMATION PROVIDED pursuant to section 45.031, Florida Statutes:
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIEN HOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
If the property has qualified for the homestead tax exemption in the most recent approved tax roll, also include the following two paragraphs:
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH EITHER THE PINELLAS CLERK OF CIRCUIT COURT AT 315 COURT STREET, CLEARWATER, FL 33756, (727) 464-7000, OR THE PASCO CLERK OF CIRCUIT COURT AT 38053 LIVE OAK AVENUE, DADE CITY, FL 33523, (352) 521-4517 OR 7530 LITTLE ROAD, NEW PORT RICHEY, FL 34654, (727) 847-8176 WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION.
IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT A LEGAL SERVICES OFFICE, SUCH AS: GULFCOAST LEGAL SERVICES, INC., 314 S. MISSOURI AVE., SUITE 109, CLEARWATER, FL 33756, (727) 443-0657 / COMMUNITY LAW PROGRAM, 501 FIRST AVE N., ROOM 511, ST. PETERSBURG, FL 33701, (727) 582-7480 / BAY AREA LEGAL SERVICE, INC., 2600 MARTIN LUTHER KING, JR. ST N., SUITE 401, ST. PETERSBURG, FL 33704, (727) 490-4040 / BAY AREA LEGAL SERVICE, INC., 37718 MERIDIAN AVENUE, DADE CITY, FL 33532 (352) 567-9044 / BAY AREA LEGAL SERVICE, INC., 8406 MASSACHUSETTS AVE, STE B-2, NEW PORT RICHEY, FL 34653, (727) 847-5494 TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST ANOTHER OPTION. IF YOU CHOOSE TO CONTACT ONE OF THESE SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
ATTN.: PERSONS WITH DISABILITIES. If you are a person with a disability who needs any accommodations in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Michelle Leanko, 14250 49th St., N., Third Floor, H Wing, Clearwater, FL 33762; telephone (727)646-6506, within two (2) working days of your receipt of this Notice; if you are hearing impaired call 1-800-955-8771; if you are voice impaired, call 1-800-955-8770.
DATED on September 8, 2011.
S. JORDAN MILLER, ESQ
As Officer of the Court
September 16, 23, 2011 11-06074