12-05752

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE
SIXTH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 11-3553-CI-11
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.
JAMISON PROPERTIES, INC.,
a Florida corporation; PARKER
HOUSE APARTMENTS, INC., a Florida corporation; SHEIK
OMAR, individually; and
MICHAEL INCAVIDO,
individually,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to the Agreed Uniform Final Judgment of Foreclosure entered in the above-styled cause, the Clerk of the Court will sell the real property and personal property in Pinellas County, Florida, more particularly described as follows:
Lots 10, 11, and 12, Block A, ROSS OAKS, as per plat thereof recorded in Plat Book 12, at page 91, of the public records of Pinellas County, Florida,
AND
All right, title, and interest of Jamison Properties, Inc., and Parker House Apartments, Inc., (collectively, “Borrower”) in and to all of the following (collectively, the “Other Property”):
(A) Together with the real property which is listed, described, and set forth above and on Exhibit “A” to the Mortgage Security Agreement and Assignment of Rents given by Borrower to World Savings Bank, FSB, dated as of March 22, 2007, and recorded March 29, 2007, in Official Records Book 15711, at page 279, of the public records of Pinellas County, Florida, (the “Mortgage”), any and all easements, rights-of-way, licenses, privileges, and appurtenances thereto and any and all other real property which may at any time heretofore or hereafter be conveyed by Borrower to Fannie Mae as security for the Adjustable Rate Mortgage Note given by Borrower dated as of March 22, 2007, (collectively, the “Land”);
(B) All highways, roads, streets, alleys, and other public rights-of-way and thoroughfares, bordering on or adjacent to 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;
(C) 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;
(D) 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 being the express intention of Borrower that all property of the kind and character described in this subparagraph (D) 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;
(E) 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;
(F) 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;
(G) 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 has agreed, 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
(H) Pursuant to Section 697.07 of the 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 Other Property and interests, the property described in this clause being pledged primarily and on a parity with the Land, and not secondarily;
all via a public auction conducted online at www.pinellas.realforeclose.com on August 20, 2012, at 10:00 a.m.
Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the notice of lis pendens, must file a claim within 60 days after the sale.
Pursuant to Section 45.031(2) of the Florida Statutes, this notice shall be published twice, once a week for two consecutive weeks, with the last publication being as least five days prior to 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 notice, please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD).
Dated: July 2, 2012
Respectfully submitted,
By: JOEL B. GILES, Esq.
Florida Bar No. 350591
PENELOPE DIXON, Esq.
Florida Bar No. 0335680
STEFANIE LINCOLN, Esq.
Florida Bar No. 85115
CARLTON FIELDS, P.A.
Attorneys for Plaintiff
4221 West Boy Scout Blvd., Suite 1000
Tampa, Florida 33607-5780
P. O. Box 3239
Tampa, Florida 33601
Tel. (813) 223-7000
Fax (813) 229-4133
E Mail: [email protected]
[email protected]
[email protected]
23725880.1
July 13, 20, 2012 12-05752