12-04133

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 10-017870-CI
Division: 19
LIBERTY CLEARWATER
INVESTMENTS, LLC, a Florida limited liability company,
Plaintiff, vs.
SWEET HOSPITALITY, LLC, a Florida limited liability company; THYSSENKRUPP ELEVATOR CORPORATION, a Delaware
corporation; FOX CLEARWATER, LLC, a dissolved Florida limited liability company, and HUSSEIN SHEHATA, an individual;
Defendants.
Notice is hereby given that pursuant to a Consent Final Judgment of Foreclosure entered in the above entitled cause on April 23, 2012, in the Circuit Court of Pinellas County, Florida, Ken Burke, Clerk of the Circuit Court will sell the property located in Pinellas County, Florida described as:
SEE EXHIBIT “A”
EXHIBIT “A”
LEGAL DESCRIPTION
Lots 40 and 41, of SUNNYDALE SUBDIVISION, less and except the West 17.08 feet thereof, according to the map or plat thereof as recorded in Plat Book 31, Page 12, of the Public Records of Pinellas County, Florida, and less and except that portion taken for State Road 595, Parcel #103, Section 1 15020-2515 as described in the Order of Taking recorded in Official Records Book 5270, Page 1219 of the Public Records of Pinellas County, Florida.
TOGETHER WITH:
All right, title and interest of Sweet Hospitality, LLC (“Debtor”), in and to the following (collectively, the “Property”):
(a) Land. The real property described above (the “Land”);
(b) Additional Land. All additional lands, estates and development rights hereafter acquired by Debtor for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of the Security Instrument;
(c) Improvements. The buildings, structures, fixtures, additions, enlargements, extensions, modification, repairs, replacements and improvements now or hereafter erected or located on the Land (the “Improvements”);
(d) Easements. 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 right of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Debtor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
(e) Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications, and elevator fixtures, beds, bureaus, chiffoniers, chests, chairs, desks, lamps mirrors, bookcases, tables, rugs, carpeting, drapes, draperies, curtains, shades, venetian blinds, screens, paintings, hangings, pictures, divans, couches, luggage carts, luggage racks, stools, sofas, chinaware, linens, pillows, blankets, glassware, foodcarts, cookware, dry cleaning facilities, dining room wagons, keys or other entry systems, bars, bar fixtures, liquor and other drink dispensers, icemakers, radios, television sets, intercom and paging equipment, potted plants, stoves, ranges, refrigerators, laundry machines, dishwashers, garbage disposals, washers and dryers and other customary hotel equipment) and other property of every kind and nature whatsoever owned by Debtor, or in which Debtor 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 Debtor, or in which Debtor 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 (collective, the “Personal Property”), and the right, title and interest of Debtor 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;
(f) Leases and Rents. All leases, subleases and other agreements, with the exception of that certain Franchise Agreement dated February 1, 20105, made by and between Hussein Shehata, Sanaa Shehata and Choice Hotels International, Inc., affecting the use, enjoyment or occupancy of the Land and/or the Improvements heretofore or hereafter entered into and all extensions, amendments and modification thereto (collectively, the “Leases”), whether before or after the filing by or against Debtor 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”) and all right, title and interest of Debtor, it successors and assigns therein and thereunder, including, without limitation, any guaranties of the lessees' obligations thereunder, cash, letters of credit or securities deposited thereunder to secure the performance by the lessees of the obligations thereunder and all rents, additional rents, early termination fees and payments and other termination fees and payment (any such early termination fees, payments and other termination fees and payments, the “Lease Termination Fees”), revenues, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements, including without limitation, all revenues and credit card receipts collected from guest rooms, restaurants, bars, meeting rooms, banquet rooms and recreational facilities, all receivables, customer obligations installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Debtor or any operator or manager of the hotel or the commercial space located in the Improvements or acquired from others (including, without limitation, from the rental of any office space, retail space, guest rooms or other space, halls, stores, and offices, and deposits securing reservations of such space), license, lease, sublease and concession fees and rentals, health club membership fees, food and beverage wholesale and retail sales, service charges and vending machine sales, whether paid or accruing before or after the filing by or against Debtor of any petition for relief under the Bankruptcy Code (collectively, 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.
(g) Insurance Proceeds. 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, judgment, or settlements made in lieu thereof, for damage to the Property
(h) Condemnation Awards. 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;
(i) Tax Certiorari. 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) Conversion. 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) Rights. The right, in the name and on behalf of Debtor, 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 Secured Party in the Property;
(l) Agreements. 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 ore respecting any business or activity conducted on the Land and any part thereof and all right, title and interest of Debtor therein and thereunder, including, without limitation, the right, upon the occurrence and during the continuance of an Event of Default (defined in the Loan Documents), to receive and collect any sums payable to Debtor thereunder and including further, without limitation, excluding all right, title and interest of Debtor in and to that certain Franchise Agreement dated February 1, 2005, made by and between, Guarantor, Sanaa Shehata and Choice Hotels International, Inc.;
(m) Intangibles. All trade names, 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, excluding all right, title and interest of Debtor in and to that certain Franchise Agreement dated February 1, 2005, made by and between, Guarantor, Sanaa Shehata and Choice Hotels International, Inc ; and
(n) Other Rights. Any and all other rights of Debtor in and to the items set forth in Subsections (a) through (m) above.
at public sale, to the highest and best bidder for cash, at www.pinellas.realforeclose.com, beginning at 10:00 a.m. on June 7, 2012.
Dated: May 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. Please contact the Court Administrator at 727-464-3341. If you are hearing or voice impaired, call Florida Relay Service 800-955-8770.
For the Court:
R. TRAVIS SANTOS
Fla. Bar No. 0077075
HILL WARD HENDERSON PA
101 East Kennedy Boulevard,
Suite 3700
Tampa, FL 33602
Telephone: (813) 221-3900
Facsimile: (813) 221-2900
E-Mail: [email protected]
Attorneys for Plaintiff
May 18, 25, 2012 12-04133