12-05942

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. 10-17683-CI-20
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.
THE WESTCHESTER, LLC, a
Florida limited liability company, and HOWARD MARTIN,
individually,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to the 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 3 and 4, and the West 50 feet of Lot 5, N.H. Longley's Subdivision of Lots 3 and 4, BlockA, Bayfront Subdivision St. Petersburg, according to the plat thereof, as recorded in Plat Book 3, Page 21 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part;
AND
All of the present and future right, title and interest of The Westchester, LLC, a Florida limited liability company, or Howard Martin (collectively, “Borrower”) in and to all of the following (collectively, the “Other Property”):
(a) Together with the land (the “Land”), as described above and in the Multifamily Mortgage, Assignment of Rents and Security Agreement given by The Westchester, LLC, to Royal Bank of Canada dated as of August, 29, 2008, and recorded September 8, 2008, in Official Records Book 16369, at page 1643, of the public records Pinellas County, Florida, (the “Mortgage”), the buildings, structures, improvements, and alterations now constructed or at any time in the future constructed or placed upon the Land, including any future replacements and additions (the “Improvements”);
(b) All property which is so attached to the Land or the Improvements as to constitute a fixture under applicable law, including: machinery, equipment, engines, boilers, incinerators, installed building materials; systems and equipment for the purpose of supplying or distributing heating, cooling, electricity, gas, water, air, or light; antennas, cable, wiring and conduits used in connection with radio, television, security, fire prevention, or fire detection or otherwise used to carry electronic signals; telephone systems and equipment; elevators and related machinery and equipment; fire detection, prevention and extinguishing systems and apparatus; security and access control systems and apparatus; plumbing systems; water heaters, ranges, stoves, microwave ovens, refrigerators, dishwashers, garbage disposers, washers, dryers and other appliances; light fixtures, awnings, storm windows and storm doors; pictures, screens, blinds, shades, curtains and curtain rods; mirrors; cabinets, paneling, rugs and floor and wall coverings; fences, trees and plants; swimming pools; and exercise equipment (the “Fixtures”);
(c) All equipment, inventory, general intangibles which are used now or in the future in connection with the ownership, management or operation of the Land or the Improvements or are located on the Land or in the Improvements, including furniture, furnishings, machinery, building materials, appliances, goods, supplies, tools, books, records (whether in written or electronic form), computer equipment (hardware and software) and other tangible personal property (other than Fixtures) which are used now or in the future in connection with the ownership, management or operation of the Land or the Improvements or are located on the Land or in the Improvements, and any operating agreements relating to the Land or the Improvements, and any surveys, plans and specifications and contracts for architectural, engineering and construction services relating to the Land or the Improvements and all other intangible property and rights relating to the operation of, or used in connection with, the Land or the Improvements, including all governmental permits relating to any activities on the Land (the “Personalty”);
(d) All current and future rights, including air rights, development rights, zoning rights and other similar rights or interests, easements, tenements, rights-of-way, strips and gores of land, streets, alleys, roads, sewer rights, waters, watercourses, and appurtenances related to or benefitting the Land or the Improvements, or both, and all rights-of-way, streets, alleys and roads which may have been or may in the future be vacated;
(e) All proceeds paid or to be paid by any insurer of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Land or the Other Property;
(f) All awards, payments and other compensation made or to be made by any municipal, state or federal authority with respect to the Land, the Improvements, the Fixtures, the Personalty or any other part of the Land or the Other Property, including any awards or settlements resulting from condemnation proceedings or the total or partial taking of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Land or the Other Property under the power of eminent domain or otherwise and including any conveyance in lieu thereof;
(g) All contracts, options and other agreements for the sale of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Land or the Other Property entered into by Borrower now or in the future, including cash or securities deposited to secure performance by parties of their obligations;
(h) All proceeds from the conversion, voluntary or involuntary, of any of the above into cash or liquidated claims, and the right to collect such proceeds;
(i) All rents (whether from residential or non-residential space), revenues and other income of the Land or the Improvements, including subsidy payments received from any sources (including, but not limited to payments under any Housing Assistance Payments Contract), parking fees, laundry and vending machine income and fees and charges for food, health care and other services provided at the Land or the Other Property, whether now due, past due, or to become due, and deposits forfeited by tenants (the “Rents”);
(j) All present and future leases, subleases, licenses, concessions or grants or other possessory interests now or hereafter in force, whether oral or written, covering or affecting the Land or the Other Property, or any portion of the Land or the Other Property (including proprietary leases or occupancy agreements if Borrower is a cooperative housing corporation), and all modifications, extensions or renewals;
(k) All earnings, royalties, accounts receivable, issues and profits from the Land, the Improvements or any other part of the Land or the Other Property, and all undisbursed proceeds of the loan secured by the Mortgage and, if Borrower is a cooperative housing corporation, maintenance charges or assessments payable by shareholders or residents;
(l) Any amounts deposited by Borrower for the payment of water and sewer charges; premiums for fire and other hazard insurance, rent loss insurance and other insurance; taxes, assessments, vault rentals and other charges, if any, general, special or otherwise, including all assessments for schools, public betterments and general or local improvements, which are levied, assessed or imposed by any public authority or quasi-public authority (the “Imposition Deposits”; the obligations to which the Imposition Deposits relate are referred to herein as the “Impositions”);
(m) All refunds or rebates of Impositions by any municipal, state or federal authority or insurance company (other than refunds applicable to periods before the real property tax year in which the Mortgage is dated);
(n) All tenant security deposits which have not been forfeited by any tenant under any Lease; and
(o) All names under or by which the Land or any of the above Other Property may be operated or known, and all trademarks, trade names, and goodwill relating to the Land or any of the Other Property;.
all via a public auction conducted online at www.pinellas.realforeclose.com on August27,2012, 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 at least five days prior to the sale.
Dated: July 10, 2012.
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).
Respectfully submitted,
By: JOEL B. GILES
Florida Bar No. 350591
PENELOPE DIXON, Esq.
Florida Bar No. 0335680
HYWEL LEONARD
Florida Bar No. 296376
CARLTON FIELDS, P.A.
Attorneys for Plaintiff
4221 West Boy Scout Boulevard,
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]
23904105.1
July 20, 27, 2012 12-05942