11-06456

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
OF FLORIDA,
IN AND FOR PINELLAS COUNTY
CIVIL DIVISION
CASE NO.: 10-010439 CI
FANNIE MAE, a corporation
organized and existing under the Federal National Mortgage
Association Charter Act, 12 U.S.C. § 1716, et seq., as amended,
Plaintiff, vs.
TRIAD RENTALS, INC. a Florida corporation; LAWRENCE FINKLE, individually; and WESTBRIDGE CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit
corporation,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to the Uniform Final Judgment of Foreclosure entered on or about September 19, 2011, in the above-styled cause, in the Circuit Court of Pinellas County, Florida, I, Clerk of the Circuit Court, will sell the following property, situated in Pinellas County, Florida, and more particularly described as Exhibit “A” and Exhibit “B” attached hereto as follows:
Exhibit “A” - Description
of Real Property
and
Exhibit “B” - Description
of Other Property
Exhibit “A”
Legal Description
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF PINELLAS, STATE OF FLORIDA, DESCRIBED AS FOLLOWS:
That certain Condominium Parcel composed of Units 1 through 12, of WESTBRIDGE - A CONDOMINIUM, and an undivided interest or share in the common elements appurtenant thereto, in accordance with, and subject to the covenants, conditions, restrictions, easements, terms and other provisions of the Declaration of Condominium, as recorded in O.R. Book 11931, Page 459, and any amendments thereof, and the plat thereof, as recorded in Condominium Plat Book 125, Pages 65 through 67, Public Records of Pinellas County, Florida.
Familiarly known as 700 S. Betty Lane, Clearwater, Florida 33758.
Exhibit “B”
Description of Other Property
(A) All highways, roads, streets, alleys, and other public rights-of-way and thoroughfares, bordering on or adjacent to the real property which is listed, described, and set forth on Exhibit A to the Mortgage (which real property, together with any and all easements, rights-of-way, licenses, privileges, and appurtenances thereto and any and all other real property which may at any time hereafter be conveyed by Borrower to Fannie Mae as security for the Note, is hereinafter referred to as the “Land”), together with all right, title, and interest of Borrower to the real property lying within said highways, roads, streets, alleys, and other public rights-of-way and thoroughfares, and all heretofore or hereafter vacated highways, roads, streets, alleys, and public rights-of-way and thoroughfares, and all strips and gores adjoining or within the Land or any part thereof,
(B) All buildings, structures, improvements, railroad spurs, tracks and sidings, plants, works, and fixtures now or at any time hereafter located on any portion of the Land, and all extensions, additions, betterments, substitutions, and replacements thereof,
(C) All fixtures, furniture, furnishings, equipment, machinery, appliances, apparatus, and other property of every kind and description now or at any time hereafter installed or located on or used or usable in connection with the Land or the buildings and improvements situated thereon, including, but not limited to, all lighting, heating, cooling, ventilating, air-conditioning, humidifying, dehumidifying, plumbing, sprinkling, incinerating, refrigerating, air-cooling, lifting, fire extinguishing, cleaning, communicating, security, surveillance, computer, telephone and electrical systems, and the machinery, appliances, fixtures, and equipment pertaining thereto, all switchboards, engines, motors, tanks, pumps, floor coverings, carpeting, partitions, conduits, ducts, compressors, elevators, escalators, accessories, draperies, blinds and other window coverings, and the machinery, appliances, fixtures, and equipment pertaining thereto, all of which fixtures, furnishings, furniture, equipment, machinery, appliances, apparatus, and other property, whether or not now or hereafter permanently affixed to the Land, shall be deemed to be part of the Land. It is the express intention of Borrower that all property of the kind and character described in this subparagraph (C) that Borrower now owns, and all of such property that it may hereafter acquire, shall be subject to the lien and security interest of the Mortgage with like effect as if now owned by Borrower and as if covered and conveyed by specific and apt descriptions,
(D) All rights, privileges, permits, licenses, easements, consents, tenements, hereditaments, and appurtenances now or at any time hereafter belonging to or in any way appertaining to all or any part of the Land and any property or interests subject to the Mortgage; all right, title, and interest of Borrower in all reversions and remainders in or to all or any part of the Land and other property and interests subject to the Mortgage, and all avails, rents, income, issues, profits, royalties, and revenues derived from or belonging to all or any part of the Land and other property and interests subject to the Mortgage,
(E) Any and all real property and other property that may, from time to time after the execution of the Mortgage, by delivery or by writing of any kind, for the purposes hereof, be conveyed, mortgaged, pledged, assigned, or transferred to Fannie Mae by Borrower or by any one or more persons or entities on Borrower's behalf or with its consent as and for additional security for the payment of the Note,
(F) Any and all proceeds of the conversion, whether voluntary or involuntary, of all or any part of the Land and other property and interests subject to the Mortgage into cash or liquidated claims, including, by way of illustration and not limitation, all proceeds of insurance and all awards and payments, including interest thereon, which may be made with respect to all or any part of the Land or other property and interests subject to the Mortgage, or any estate or easement therein, as a result of any damage to or destruction of all or any part of the Land and other property and interests subject to the Mortgage, the exercise of the right or power of condemnation or eminent domain, the closing of, or the alteration of the grade of, any highway, road, street, alley or other public right-of-way or thoroughfare on or adjoining all or any part of the Land and other property and interests subject to the Mortgage, or any other injury to or decrease in the value of all or any part of the Land or other property and interests subject to the Mortgage, to the extent of all amounts which may be secured by the Mortgage, which proceeds, awards, and payments are assigned to Fannie Mae, which is authorized to collect and receive such proceeds, awards, and payments, and to give receipts and acquittances therefor and to apply the same or any part thereof toward the payment of indebtedness secured by the Mortgage, and Borrower agrees, upon request, to make, execute, and deliver any and all assignments and other instruments as are necessary for the purpose of assigning said proceeds, awards, and payments to Fannie Mae, free, clear and discharged of any and all encumbrances of any kind or nature, whatsoever, and
(G) Pursuant to Section 697 07, Florida Statutes, all oral and written leases, subleases, and other agreements, and all amendments, modifications, supplements, renewals, and extensions thereof, and all rights under the foregoing for use and occupancy of all or any part of the Land and other property and interests subject to the Mortgage, and all avails, rents, issues, income, profits, royalties and revenues of the Land and said other property and interests, the property described in this clause being pledged primarily and on a parity with the Land, and not secondarily
The Clerk shall sell the property all at public sale, to the highest and best bidder, for cash, except as set forth hereinafter, at www.pinellas.realforeclose.com on October 26, 2011 commencing at 10:00 a.m. after having first given notice as required by Section 45.031, Florida Statues. 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.
Date: September 21, 2011
In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the A.D.A. Coordinator not later than seven (7) days prior to the proceeding via the Florida Relay Service at 1-800-955-8771.
Respectfully submitted,
LAVINIA JAMES VAUGHN, Esq.
Florida Bar No. 608335
CARLTON FIELDS, P.A.
P. O. Box 3239
Tampa, Florida 33601
4221 West Boy Scout Blvd., Suite 1000
Tampa, Florida 33607-5780
Tel. (813) 223-7000
Fax (813) 229-4133
E Mail: [email protected]
Attorneys for Plaintiff
Sept. 30; Oct. 7, 2011 11-06456