12-00930

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.: 11-1753 CI
DIVISION: 21
NORTHSIDE SQUARE, LLC,
Plaintiff, vs.
MAKE US AN OFFER FOUR, LLC, a Florida limited liability company; SUPERIOR UNLIMITED
ENTERPRISES, INC., a Florida corporation, doing business as Cypress Signs; and COMMERCIAL FIRE AND COMMUNICATIONS, Inc., a Florida corporation,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to the Final Judgment of Foreclosure entered on or about January 18, 2012, in the above-styled cause, in the Circuit Court of Pinellas County, Florida, Ken Burke, 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 of Land
PARCEL 1:
A TRACT OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 28 SOUTH, RANGE 16 EAST, CLEARWATER, PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOT 5:
COMMENCE AT THE NORTH 1/4 CORNER OF SECTION 19, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; THENCE SOUTH 00° 00' 49” EAST ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 19, ALSO BEING THE CENTERLINE OF U.S. HIGHWAY 19 (STATE ROAD 55), FOR 1360.98 FEET; THENCE NORTH 89° 56' 33” EAST FOR 100.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY 19, SAID RIGHT-OF-WAY BEING 200.00 FEET IN WIDTH; THENCE NORTH 00° 00' 49” WEST, 235.00 FEET; THENCE NORTH 89° 56' 33” EAST, 64.00 FEET; THENCE NORTH 00° 00' 49” WEST, 39.00 FEET; THENCE NORTH 89° 56' 33” EAST, 138.00 FEET; THENCE NORTH 00° 00' 49” WEST, 150.00 FEET; BEING POINT OF BEGINNING OF LOT 5; THENCE NORTH 00° 00' 49” WEST, 486.08 FEET TO THE SOUTHERN RIGHT-OF-WAY OF NORTHSIDE DRIVE; THENCE SOUTHEASTERLY ALONG ARC OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 2232.64 FEET; CHORD 265.70 FEET; CHORD BEARING SOUTH 81° 24' 50” EAST, ARC LENGTH 265.86 FEET; THENCE SOUTH 78° 00' 00” EAST, 36.08 FEET; THENCE SOUTH 00° 00' 49” EAST, 420.61 FEET; THENCE SOUTH 89° 56' 33” WEST, 140.00 FEET; THENCE SOUTH 00° 00' 49” EAST, 18.00 FEET; THENCE SOUTH 89° 56' 33” WEST, 158.00 FEET TO THE POINT OF BEGINNING.
ALSO KNOWN AS LOT 5, OF NORTHSIDE SQUARE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 93, PAGE 31 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 2:
A TRACT OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 28 SOUTH, RANGE 16 EAST, CLEARWATER, PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOT 1:
COMMENCE AT THE NORTH 1/4 CORNER OF SECTION 19, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; THENCE SOUTH 00° 00' 49” EAST ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 19, ALSO BEING THE CENTERLINE OF U.S. HIGHWAY 19 (STATE ROAD 55), FOR 1360.98 FEET; THENCE NORTH 89° 56' 33” EAST FOR 100.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY 19, SAID RIGHT-OF-WAY BEING 200.00 FEET WIDTH; THENCE NORTH 00° 00' 49” WEST, 235.00 FEET; THENCE NORTH 89° 56' 33” EAST, 64.00 FEET; THENCE NORTH 00° 00' 49” WEST, 39.00 FEET; THENCE NORTH 89° 56' 33” EAST, 138.00 FEET; THENCE NORTH 00° 00' 49” WEST, 150.00 FEET; THENCE NORTH 89° 56' 33” EAST, 158.00 FEET; THENCE NORTH 00° 00' 49” WEST, 18.00 FEET; THENCE NORTH 89° 56' 33” EAST, 140 FEET; THENCE SOUTH 00° 00' 49” EAST, 442.00 FEET; THENCE SOUTH 89° 56' 33” WEST, 500.00 FEET TO THE POINT OF BEGINNING.
ALSO KNOWN AS LOT 1, OF NORTHSIDE SQUARE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 93, PAGE 31 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 3:
EASEMENTS FOR INGRESS AND EGRESS, PARKING AND UTILITIES/DRAINAGE, CREATED IN THE DECLARATION RECORDED IN OFFICIAL RECORDS BOOK 6185, PAGE 335, AS AMENDED IN OFFICIAL RECORDS BOOK 6245, PAGE 1355 AND OFFICIAL RECORDS BOOK 7056, PAGE 1627, AS AFFECTED BY ASSIGNMENT OF DEVELOPER'S RIGHTS RECORDED IN OFFICIAL RECORDS BOOK 7460, PAGE 1845, OFFICIAL RECORDS BOOK 8932, PAGE 1849 AND OFFICIAL RECORDS BOOK 12860, PAGE 1623, OF THE PUBLIC RECORDS OF PINELLAS COUNTY.
Exhibit “B”
Description of Other Property
All of Borrower's right, title and interest in and to all of the following (collectively, the “Property”):
(A) All structures, buildings and improvements of every kind and description located or placed on the land (the “Land”) described in Exhibit “A” to the Mortgage (the “Improvements”);
(B) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, and other emblements located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in any way belonging, relating or appertaining to the Property or any part thereof, or which in any way belong, relate or be appurtenant thereto;
(C) All furniture, furnishings, fixtures, goods, equipment, inventory or personal property owned by Borrower and located on, attached to or used in and about the Improvements, including, but not limited to, all machines, engines, boilers, dynamos, elevators, stokers, tanks, cabinets, awnings, screens, shades, blinds, carpets, draperies, lawn mowers, and all appliances, plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposal and incinerating equipment, and all fixtures and appurtenances thereto, and such other goods and chattels and personal property owned by Borrower as are used or furnished in operating the Improvements, or the activities conducted therein, and all building materials and equipment situated on or about the Land or Improvements, and all warranties and guaranties relating thereto, and all additions thereto and substitutions and replacements therefor (exclusive of any of the foregoing owned or leased by tenants of space in the Improvements);
(E) All water, water courses, ditches, wells, reservoirs and drains and all water, ditch, well, reservoir and drainage rights and powers which are appurtenant to, located on, under or above or used in connection with the Land or the Improvements, or any part thereof, together with (i) all utilities, utility lines, utility commitments, utility capacity, capital recovery charges, impact fees and other fees paid in connection with same, (ii) reimbursements or other rights pertaining to utility or utility services provided to the Land and/or Improvements, and (iii) the present or future use or availability of waste water capacity, or other utility facilities to the extent same pertain to or benefit the Land and/or Improvements, including, without limitation, all reservations or of commitments or letters covering any such use in the future;
(F) All minerals, crops, timber, trees, shrubs, flowers and landscaping features located on, under or above the Land;
(G) All cash funds, deposit accounts and other rights and evidence of rights to cash, created or held by Plaintiff pursuant to the Mortgage or any other of the Loan Documents (as defined in the Mortgage), including, without limitation, all funds on deposit in the Reserves (as defined in the Mortgage);
(H) All leases licenses, tenancies, concessions and occupancy agreements of the Land or the Improvements and all rents, royalties, issues, profits, bonus money, revenue, income, rights and other benefits of the Land or the Improvements, or the fixtures or equipment, arising from the use or enjoyment of all or any portion thereof or from any lease, (including, without limitation, oil, gas and mineral leases), license, tenancy, concession, occupancy agreement or other agreement pertaining thereto or arising from any of the Contracts (as hereinafter defined) or any of the General Intangibles (as hereinafter defined) and all cash or securities deposited to secure performance by the tenants, lessees or licensees, as applicable, of their obligations under any such leases, licenses, concessions or occupancy agreements, whether said cash or securities are to be held until the expiration of the terms of said leases, licenses, concessions or occupancy agreements or applied to one or more of the installments of rent coming due prior to the expiration of said terms, subject, however, to the provisions contained in Section 1.11 of the Mortgage;
(I) All contracts and agreements entered into covering any part of the Land or the Improvements (collectively, the “Contracts”) and all revenue, income and other benefits thereof, including, without limitation, management agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Land or the Improvements (including plans, specifications, drawings, surveys, tests, operating and other reports, bonds and governmental approvals) or to the management or operation of any part of the Land or the Improvements;
(J) All monetary deposits given to any public or private utility with respect to utility services furnished to any part of the Land or the Improvements;
(K) All funds, accounts, instruments (including, without limitation, promissory notes), investment property, letter-of-credit rights, letters of credit, money, supporting obligations, accounts receivable, documents, causes of action, claims, general intangibles (including, without limitation, payment intangibles and software, trademarks, trade names, service marks and symbols used in connection with any part of the Land or the Improvements, all names by which the Land or the Improvements may be operated or known, all rights to carry on business under such names, and all rights, interest and privileges which Borrower has or may have as developer or declarant under any covenants, restrictions or declarations relating to the Land or the Improvements) and all notes or chattel paper arising from or by virtue of any transactions related to the Land or the Improvements (collectively, the “General Intangibles”);
(L) All water taps, sewer taps, certificates of occupancy, permits, special permits, licenses, franchises, certificates, consents, approvals and other rights and privileges obtained in connection with the Land or the Improvements and all warranties and guaranties relating to the Improvements or to any equipment, fixtures, furniture, furnishings, personal property or components of any of the foregoing located or installed on the Land or the Improvements;
(M) All building materials, supplies and equipment placed on the Land or in the Improvements and all architectural renderings, models, drawings, plans, specifications, studies and data relating to the Land or the Improvements;
(N) All insurance policies or binders relating to the Property, including any unearned premiums thereon;
(O) All proceeds, products, substitutions and accessions (including claims and demands therefor) of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, proceeds of insurance and condemnation awards; and
(P) All other or greater rights and interests of every nature in the Land or the Improvements and in the possession or use thereof and income therefrom owned by Borrower.
The Clerk shall sell the property all at public sale, to the highest and best bidder, for cash, except as set forth hereinafter, in an online sale at www.pinellas.realforeclose.com, beginning at 10:00 a.m. on March 12, 2012, after having first given notice as required by Section 45.031, Florida Statutes.
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.
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 of your receipt of this summons/notice, please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD).
Dated: January 25, 2012
By: HYWEL LEONARD, Esq.
Florida Bar No. 296376
PENELOPE A. DIXON
Florida Bar No. 0335680
CARLTON FIELDS, P.A.
Attorneys for Plaintiff
Post Office Box 3239
Tampa, Florida 33601-3239
4221 West Boy Scout Blvd., Suite 1000
Tampa, Florida 33607-5780
Tel. (813) 223-7000
Fax (813) 229-4133
E Mail: [email protected]
E-Mail: [email protected]
21924264.1
Febraury 3, 10, 2012 12-00930