12-02134

FIRST INSERTION
NOTICE OF SALE
PURSUANT TO CHAPTER 45, FS
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 08-011373-CI-19
BIEL LOANCO III-A, LLC, as successor in interest to Whitney National Bank, a national banking association, successor by merger to Signature Bank,
Plaintiff, v.
SWAN LANDING
DEVELOPMENT, LLC, a Florida limited liability company and REZA YAZDANI,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Consent Uniform Final Judgment of Foreclosure dated February 29, 2012, entered in Case No. 08-011373-CI-19 of the Circuit Court of the Sixth Judicial Circuit in and for Pinellas, Florida wherein BIEL LOANCO III-A, LLC is Plaintiff, and SWAN LANDING DEVELOPMENT, LLC and REZA YAZDANI are Defendants, I will sell to the highest and best bidder for cash in/on online at www.pinellas.realforeclose.com, Pinellas County, Florida at 10:00 o'clock, A.M. on the 5th day of April, 2012, the following described property:
SEE LEGAL
DESCRIPTION ATTACHED HERETO AS EXHIBIT “A”
EXHIBIT “A”
Legal Description
Lots 5, 6, 7 and 8, Block 1, MARINA BAY PHASE 1 & 2, according to the plat thereof recorded in Plat Book 128, pages 51 through 54 inclusive, Public Records of Pinellas County, Florida;
TOGETHER WITH, those non-exclusive easements for access and utilities, which benefit the above lots, as created by the Access and Utility Easement Agreement recorded in Official Records Book 12639, page 1303, Public Records of Pinellas County, Florida.
TOGETHER WITH, all rights, title and interest of Defendants in and to the minerals, soil, flowers, shrubs, crops, beds, timber and other emblements now or hereafter on the real property described in this Exhibit (herein referred to as “Property”) or under or above the same or any part or parcel thereof.
TOGETHER WITH, all Defendants presently owned or hereafter acquired fixtures together with all parts, accessories and attachments, and all additions, replacements, insurance and other proceeds of the foregoing. Future advances are also covered. This Property includes, but is not limited to the following: All buildings, structures, and improvements of every nature whatsoever now or hereafter situated on the Property and all furniture, furnishings, fixtures, inventory, fittings, goods and materials on site, and articles of personal property of every kind and nature whatsoever excluding removable equipment, and machinery, now or hereafter owned by the Defendants and located in, on, or used or intended to be used in connection with or with the operation of the Property, buildings, structures or other improvements, including all extensions, additions, improvements, betterments, renewals, accessions and/or replacements to any of the foregoing, and all of the personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by the Defendants or on its behalf.
TOGETHER WITH all and singular the tenements, hereditaments, easements and appurtenances thereunto belonging, or in any wise appertaining, and the rents, issues, and profits thereof, and also all the estate, right, title, Interest and all claims and demands whatsoever, as well in law as in equity, of the Defendants in and to the same, and every part and parcel thereof, and also specifically but not by way of limitation all gas and electric fixtures, radiators, heaters, water pumps, air conditioning equipment, boilers, ranges, elevators and motors, bath tubs, sinks, water closets, water basins, pipes, faucets, and other plumbing and heating fixtures, mantels, refrigerating plants and ice boxes, window screens, all freezing, lighting, laundry, incinerating, and power equipment, engines, pumps, tanks, conduits, switchboards, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus, furnaces, oil burners or units thereof, appliances, air cooling and air conditioning apparatus, awnings, storm doors and windows, stoves, refrigerators, attached cabinets, partitions, ducts and compressors, rugs and carpets, draperies, furniture and furnishings in commercial, institutional and industrial buildings, together with all building materials to be installed therein, screen doors, venetian blinds, cornices, storm shutters and awnings, which are now or may hereafter pertain to or be used with, in or on the Property, even though they may be detached or detachable, are and shall be deemed to be fixtures and accessories to the freehold and a part of the Property.
FURTHER TOGETHER WITH Defendants' interest as lessor in and to all rents, issues, income, profits generated through the use by Defendants or others of the real or personal property encumbered by this Instrument, including any such rents, issues, income, profits and any such payments in lieu thereof, of any business activity conducted by Defendants on or through the use of the Property, together with any and all guarantees of such leases and including all present and future security deposits and advance rentals, and the proceeds of all the foregoing.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Defendants which are now or hereafter located by, over, and upon the Property or any part and parcel thereof, and which water system includes all water mains, service laterals, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All paving 'for streets, roads, walkways or entrance ways now or hereafter owned by Defendants and which are now or hereafter located on the Property of any part or parcel thereof.
Any and all awards of payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Property.
All of the right, title and interest of the Defendants in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights of Defendants arising from contracts entered into in connection with development, construction upon or operation of the Property.
All Defendants' rights to any fictitious or other names or tradenames used in conjunction with the Property.
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.
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. Please contact the Administrative Office of the Court, 315 Court Street, Pinellas County Courthouse, Clearwater, Florida 34616 or telephone (727) 464-3267 within two (2) days of your receipt of this Notice; if you are hearing impaired, call 1-800-955-8770.
Dated at St. Petersburg, Pinellas County, Florida this day of March 8, 2012.
GREENBERG TRAURIG, P.A.
Attorneys for Plaintiff
401 East Las Olas Boulevard,
Suite 2000
Fort Lauderdale, Florida 33301
Telephone: (954) 765-0500
Telefax: (954) 765-1477
March 16, 23, 2012 12-02134