11-06485

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT,
IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 10-9581-CI-021
COASTAL PALMS HOLDINGS, LLC, a Florida limited liability company, as successor by
assignment from Bank of America, National Association, as
successor by merger to LaSalle Bank, National Association, as Trustee for the Registered Holders of CD 2006-CD3 Commercial Mortgage Pass Through
Certificates,
Plaintiffs, v.
COASTAL PALMS SDM, LLC, a Florida limited liability company; TRUE-LINE CORING AND
CUTTING OF TAMPA, INC., a Florida corporation; KRAUSS COMPANY, a Florida corporation; ASAP ENTERPRISES OF
SARASOTA, INC., a Florida
corporation d/b/a ASAP
EQUIPMENT RENTAL & SALES; R.E. PURCELL CONSTRUCTION COMPANY, INC., a Florida
corporation; INNOVATIVE
ROOFING SYSTEMS, INC., a Florida corporation; DOTCOR ENTERPRISES, LLC, a Florida limited liability company; CAPITAL DEVELOPMENT ENTERPRISES, INC., a Florida corporation; and STAR SUN MANAGEMENT, INC., a Florida corporation,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure dated September 8, 2011, entered in Case No. 10-9581-CI-021, in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, wherein COASTAL PALMS HOLDINGS, LLC, a Florida limited liability company, as successor by assignment from Bank of America, National Association, as successor by merger to LaSalle Bank, National Association, as Trustee for the Registered Holders of CD 2006-CD3 Commercial Mortgage Pass Through Certificates, is the Plaintiff, and COASTAL PALMS SDM, LLC, TRUE-LINE CORING AND CUTTING OF TAMPA, INC., KRAUSS COMPANY, ASAP ENTERPRISES OF SARASOTA, INC., R.E. PURCELL CONSTRUCTION COMPANY, INC., INNOVATIVE ROOFING SYSTEMS, INC., DOTCOR ENTERPRISES, INC., and STAR SUN MANAGEMENT, INC., are the Defendants, the Clerk shall offer for sale to the highest and best bidder for cash except as set forth hereinafter, on October 13, 2011 at 10:00 A.M., in an online sale at www.pinellas.realforeclose.com, the following described property situated in Pinellas County, Florida as set forth in the Final Judgment of Foreclosure, to wit:
See Exhibit “A” attached hereto.
EXHIBIT “A”
As used herein, “Debtor” shall mean COASTAL PALMS SDM, LLC, a Florida limited liability company.
(A) All of Debtor's right, title and interest in and to the property described on Schedule “1” attached hereto, together with all buildings, improvements, and tenements now or hereafter erected on the property, and all heretofore or hereafter vacated alleys and streets abutting the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock appurtenant to the property, and all fixtures, machinery, equipment, engines, boilers, incinerators, building materials, appliances and goods of every nature whatsoever now or hereafter located in, or on, or used, or intended to be used in connection with the property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light; and all elevators, and related machinery and equipment, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers and dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, mirrors, cabinets, panelling, rugs, attached floor coverings, furniture, pictures, antennas, trees and plants, and tax refunds, trade names, licenses, permits, insurance proceeds, unearned insurance premiums and choses in action; all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the real property; and all of the foregoing, together with said property (or any leasehold estate of Debtor in said property) are herein referred to as the “Property”;
(B) All of Debtor's right, title and interest in, to and under any and all leases now or hereinafter in existence (as amended or supplemented from time to time) and covering space in or applicable to the Property (hereinafter referred to collectively as the “Leases” and singularly as a “Lease”), together with all rents, earnings, income, profits, benefits and advantages arising from the Property and from said Leases and all other sums due or to become due under and pursuant thereto, and together with any and all guarantees of or under any of said Leases, and together with all rights, powers, privileges, options and other benefits of Debtor as lessor under the Leases, including, without limitation, the immediate and continuing right to receive and collect all rents, income, revenues, issues, profits, condemnation awards, insurance proceeds, moneys and security payable or receivable under the Leases or pursuant to any of the provisions thereof, whether as rent or otherwise, the right to accept or reject any offer made by any tenant pursuant to its Lease to purchase the Property and any other property subject to the Lease as therein provided and to perform all other necessary or appropriate acts with respect to such Leases as agent and attorney-in-fact for Debtor, and the right to make all waivers and agreements, to give and receive all notices, consents and releases, to take such action upon the happening of a default under any Lease, including the commencement, conduct and consummation of proceedings at law or in equity as shall be permitted under any provision of any Lease or by any law, and to do any and all other things whatsoever which the Debtor is or may become entitled to do under any such Lease together with all accounts receivable, contract rights, franchises, interests, estates or other claims, both at law and in equity, relating to the Property, to the extent not included in rent earnings and income under any of the Leases;
(C) All of Debtor's right, title and interest in, to and under any and all investment property and any and all reserve, deposit or escrow accounts (the “Accounts”) made, created, granted, pledged or conveyed pursuant to any loan document made between Debtor and Secured Party with respect to the Property, together with all income, profits, benefits and advantages arising therefrom, and together with all rights, powers, privileges, options and other benefits of Debtor under the Accounts or such investment property, and together with the right to do any and all other things whatsoever which the Debtor is or may become entitled to do under the Accounts or with respect to such investment property;
(D) All agreements, contracts, certificates, guaranties, warranties, instruments, franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, pertaining to the use, occupancy, construction, management or operation of the Property and any part thereof and any improvements or respecting any business or activity conducted on the Property and any part thereof and all right, title and interest of Debtor therein, including the right to receive and collect any sums payable to Debtor thereunder and all deposits or other security or advance payments made by Debtor with respect to any of the services related to the Property or the operation thereof;
(E) 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; and
(F) Any and all proceeds resulting or arising from the foregoing (collectively, the “Collateral”).
SCHEDULE “1”
A tract of land in the Southwest 1/4 of Section 19, Township 28 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows:
Commencing at the southeast corner of said Southwest 1/4, proceed South 89° 55' 52” West, along the South line of said Southwest 1/4, 100.00 feet to a point in the West right-of-way of U. S. Highway 19; thence North 00° 00' 41” West along said West right-of-way. 320.35 feet to the point of beginning of the tract herein described; thence continue North 00° 00' 41” West, along said West right-of-way , 237.36 feet; thence South 89° 52' 59” West, 437.50 feet; thence North 00° 00' 43” West, 206.63 feet to a point in the Westerly prolongation of the North line of Lot 1, Belle Haven, Unit C (P.B. 28, Pg 25); thence South 89° 50' 06” West, along said Westerly prolongation of said North line, 259.53 feet to a point in the East line of Wilshire Estates II (P.B. 77. Pg 3); thence South 17° 30' 00” East, along said East line, 197.21 feet; thence South 08° 59' 00” West, along said East line, 110.67 feet; thence South 22° 20' 00” East, along said East line, 145.00 feet; thence South 89° 52' 59” West, along said East line, 32.46 feet; thence South 22° 20' 00” East, along said East line, 80.00 feet; thence South 01° 52' 00” East, along said East line, 26.92 feet; thence leaving said East line North 44° 51' 34” East, 31.27 feet; thence along a curve concave to the South and tangent to the preceding course, with radius of 228.00 feet, central angle of 45° 01' 25”, chord bearing North 67° 22' 17” East, 174.59 feet for an arc distance of 179.16 feet to the point of tangency; thence North 89° 52' 59” East, 417.98 feet to the point of beginning, encompassing 4.6768 acres (203720 square feet), more or less.
TOGETHER WITH
Easements as recorded in O.R. Book 9767, Page 2205 and O.R. Book 9767, Page 2198, all of the Public Records of Pinellas County, Florida.
Property Address: 28100 U.S. Highway 19 N, Clearwater, Florida.
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.
AMERICANS WITH DISABILITIES ACT (ADA) NOTICE
In accordance with the Americans with Disabilities Act, 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 or your receipt of this (describe notice/order) please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD). The court does not provide transportation and cannot accommodate for this service. Persons with disabilities needing transportation to court should contact their local public transportation providers for information regarding disabled transportation services.
Dated: September 22, 2011.
By: ERIC S. ADAMS
Florida Bar Number 0090476
SHUTTS & BOWEN LLP
100 S. Ashley Drive, Suite 1500
Tampa, FL 33602
T: (813) 227-8122;
F: (813) 227-8222
E-Mail: [email protected]
and
MICHAEL L. GORE
Florida Bar Number 441252
SHUTTS & BOWEN LLP
300 S. Orange Ave., Suite 1000 (32801)
P. O. Box 4956
Orlando, FL 32802-4956
T: (407) 835-6905;
F: (407) 849-7205
E-Mail: [email protected]
Sept. 30; Oct. 7, 2011 11-06485