12-06064

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.: 12-276-CI-19
U.S. Bank National Association, as Trustee, for the registered holders of LB-UBS Commercial
Mortgage Trust 2003-C1,
Commercial Mortgage
Pass-Through Certificates, Series 2003-C1, acting by and through CWCapital Asset Management LLC, solely in its capacity as Special Servicer
Plaintiff, vs.
Saybrook, LLC, a Delaware limited liability company; Commercial Coating Pros, LLC, a Florida limited liability company; and ADT Security Services, Inc., a Delaware
corporation,
Defendants.
Notice is hereby given that, pursuant to the Amended Uniform Final Judgment of Foreclosure entered in this cause on June 19, 2012, the Clerk will sell the real and personal property situated in Pinellas County, Florida, described as:
That part of the Northeast quarter (NE 1/4) of the Southeast quarter (SE 1/4) of Section Thirty-Two (32), Township Twenty-Nine (29) South, Range Fifteen (15) East and that part of the Northwest quarter (NW 1/4) of the Southwest quarter (SW 1/4) of Section Thirty-Three (33), Township Twenty-Nine (29) South, Range Fifteen (15) East, Pinellas County, Florida.
Beginning at the Northwest corner of the Southwest 1/4 of Section 33, Township 29 South, Range 15 East, Pinellas County, Florida, and run South 89 degrees 31 minutes 49 seconds East, 286.69 feet to the intersection of centerline of West Bay Drive and West boundary line of Kilgore Drive, as shown on the map of Belleair Manor Unit 3, according to the map or plat thereof as recorded in Plat Book 44, page 33, Public Records of Pinellas County, Florida; thence South 00 degrees 10 minutes 22 seconds West 466.25 feet to the Northeast corner of Lot 5 of Belleair Manor Unit 3; thence North 89 degrees 21 minutes 42 seconds West 451.69 feet; thence North 00 degrees 10 minutes 22 seconds East, 466.25 feet; thence South 89 degrees 03 minutes 57 seconds East 165.0 feet to Point of Beginning; LESS the North 50.0 feet thereof for road right-of-way for West Bay Drive; AND LESS road right-of-way for Larchwood Boulevard; ALSO LESS that parcel conveyed to Pinellas County by deed recorded in Official Records Book 5747, page 889, Public Records of Pinellas County, Florida.
and
All of Defendant's right, title and interest in and to the following property (the “Property”) located upon or used in connection with the real property described on Exhibit A to the Mortgage (the “Land”):
a. buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the “Improvements”);
b. all easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Defendant of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
c. all furnishings, machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Defendant, or in which Defendant has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Defendant, or in which Defendant has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the “Personal Property”), the right, title and interest of Defendant in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code as adopted and enacted by the State or States where any of the Property is located (the “Uniform Commercial Code”) and all proceeds and products of the above;
d. All leases and other agreements affecting the use, enjoyment or occupancy of the Land and the Improvements heretofore or hereafter entered into, whether before or after the filing by or against Defendant of any petition for relief under 11 U.S.C. § 101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”) (a “Lease” or “Leases”) and all right, title and interest of Defendant, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, revenues (including, but not limited to, any payments made by tenants under the Leases in connection with the termination of any Lease, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements whether paid or accruing before or after the filing by or against Defendant of any petition for relief under the Bankruptcy Code (the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt (as defined in the Mortgage);
e. any and all lease guaranties, letters of credit and any other credit support (individually, a “Lease Guaranty” and collectively, the “Lease Guaranties”) given by any guarantor in connection with any of the Leases (individually a “Lease Guarantor” and collectively, the “Lease Guarantors”); and collectively, the “Lease Guarantors”);
f. all rights, powers, privileges, options and other benefits of Defendant as lessor under the Leases and beneficiary under the Lease Guaranties including without limitation the immediate and continuing right to make claim for, receive, collect and receipt for all Rents payable or receivable under the Leases and all sums payable under the Lease Guaranties or pursuant thereto (and to apply the same to the payment of the Debt (as defined in the Mortgage), and to do other things which Defendant or any lessor is or may become entitled to do under the Leases or the Lease Guaranties;
g. all awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain (including but not limited to any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property;
h. all proceeds of and any unearned premiums on any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property;
i. all refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;
j. all proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;
k. the right, in the name and on behalf of Defendant, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Plaintiff in the Property;
l. all agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or respecting any business or activity conducted on the Land and any part thereof and all right, title and interest of Defendant therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Defendant thereunder;
m. 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
n. any and all other rights of the Defendant in and to the terms set forth in items (a) through (m) above.
Initially capitalized terms used herein and not otherwise defined have the meanings assigned in the Mortgage.
at public sale, to the highest and best bidder, for cash, on August 23, 2012, beginning at 10:00 a.m., via the Internet at www.pinellas.realforeclose.com.
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. Please contact the Human Rights Office. 400 S. Ft. Harrison Ave., Ste. 300 Clearwater, FL 33756, (727) 464-4880(V) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing impaired call 711. 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 transportation services.
L. GEOFFREY YOUNG
Florida Bar No. 188763
ADAMS AND REESE LLP
150 Second Avenue North, 17th Floor
St. Petersburg, FL 33701
Telephone: (727) 502-8250
Facsimile: (727) 502-8282
Email: [email protected]
Counsel for US Acquisition Property II, LLC
July 20, 27, 2012 12-06064