12-08202

FIRST INSERTION
NOTICE OF SALE ON COMPLAINT
IN THE CIRCUIT COURT
OF THE SIXTH JUDICIAL
CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO: 2012-4640CI-20
BRANCH BANKING AND TRUST COMPANY, a North Carolina
banking corporation,
successor-in-interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank,
Plaintiff, v.
1120 BELCHER RD, LLC, a Florida limited liability company; FRANK G. CISNEROS, SR.,
individually; FRANK G.
CISNEROS, JR., individually; J. CARLOS CISNEROS,
individually; RYAN LOLKUS, individually; ELISE SIERRA, individually; ELISE SIERRA AS CO-TRUSTEE OF THE ELISE SIERRA REVOCABLE TRUST; ELISE SIERRA AS CO-TRUSTEE OF THE PAUL J. SIERRA
REVOCABLE TRUST; PAUL J. SIERRA, individually; PAUL J. SIERRA AS CO-TRUSTEE OF THE PAUL J. SIERRA REVOCABLE TRUST; PAUL J. SIERRA AS
CO-TRUSTEE OF THE ELISE SIERRA REVOCABLE TRUST; WILLIAM P. BARALT, individually; WILLIAM P. BARALT AS
CO-TRUSTEE OF THE WILLIAM P. BARALT AND ANNA C. BARALT REVOCABLE TRUST; ANNA C. BARALT, individually and ANNA C. BARALT AS CO-TRUSTEE OF THE WILLIAM P. BARALT AND ANNA C. BARALT REVOCABLE TRUST, jointly and severally, and USAMERIBANK, a Florida banking corporation,
Defendants.
NOTICE IS HEREBY GIVEN that the Clerk of the Circuit Court for Pinellas County, Florida, under and pursuant to the Uniform Final Judgment of Foreclosure heretofore entered on the 6th day of September, 2012, in that certain cause pending in the Circuit Court of the Sixth Judicial Circuit, in and for Pinellas County, Florida, being Civil Action No. 2012-4640CI-20, in which the Plaintiff is BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, successor-in-interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank (“BB&T”), and the Defendants are 1120 BELCHER RD, LLC, a Florida limited liability company (“1120 Belcher Rd”); FRANK G. CISNEROS, SR., individually (“Frank Sr.”); FRANK G. CISNEROS, JR., individually (“Frank Jr.”); J. CARLOS CISNEROS, individually (“J. Carlos”); RYAN LOLKUS, individually (“Ryan”); ELISE SIERRA, individually (“Elise”); ELISE SIERRA AS CO-TRUSTEE OF THE ELISE SIERRA REVOCABLE TRUST (“Elise, as Co-Trustee of the Elise Sierra Revocable Trust”); ELISE SIERRA AS CO-TRUSTEE OF THE PAUL J. SIERRA REVOCABLE TRUST (“Elise, as Co-Trustee of the Paul J. Sierra Revocable Trust”); PAUL J. SIERRA, individually (“Paul”); PAUL J. SIERRA AS CO-TRUSTEE OF THE PAUL J. SIERRA REVOCABLE TRUST (“Paul, as Co-Trustee of the Paul J. Sierra Revocable Trust”); PAUL J. SIERRA AS CO-TRUSTEE OF THE ELISE SIERRA REVOCABLE TRUST (“Paul, as Co-Trustee of the Elise Sierra Revocable Trust”); WILLIAM P. BARALT, individually (“William”); WILLIAM P. BARALT AS CO-TRUSTEE OF THE WILLIAM P. BARALT AND ANNA C. BARALT REVOCABLE TRUST (“William as Co-Trustee of the William P. Baralt and Anna C. Baralt Revocable Trust”); ANNA C. BARALT, individually (“Anna”) and ANNA C. BARALT AS CO-TRUSTEE OF THE WILLIAM P. BARALT AND ANNA C. BARALT REVOCABLE TRUST (“Anna as Co-Trustee of the William P. Baralt and Anna C. Baralt Revocable Trust”), jointly and severally, and USAMERIBANK, a Florida banking corporation (“USAmeriBank”), and under and pursuant to the terms of the said Uniform Final Judgment of Foreclosure will offer for sale at www.pinellas.realforeclose.com, the Clerk's website for on-line auctions in accordance with Chapter 45 Florida Statutes, on the 5th day of November, 2012, at the hour of 10:00 a.m. in the morning, the same being a legal sales day and the hour a legal hour of sale, the real and personal property situated in Pinellas County, Florida and legally described as follows:
Real Property
Lot 3, EMS SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 122, Page 82, of the Public Records of Pinellas County, Florida.
Parcel Identification Number: 01/30/15/25828/000/0030
together with all improvements, tenements, hereditaments and appurtenances pertaining thereto.
Personal Property
Improvements. To the extent of the Debtor's existing and future interests, all buildings and improvements of any kind erected or placed on the Land now or in the future, including the Fixtures, together with all existing and future appurtenant rights, privileges, easements, tenements, hereditaments, titles, reversions, remainders and other interests (collectively, the “Improvements”).
Leases. All leases, subleases, parking agreements, licenses, concessions, extensions, renewals and other agreements (whether written or oral, and whether presently effective or made in the future) through which the Debtor grants any possessory interest in and to, or any right to occupy or use, all or any part of the Real Property, and any related guaranties (collectively, the “Leases”).
Rents. All rents, income, receipts, issues, proceeds and profits and other benefits paid or payable for using, leasing, licensing, possessing, operating from or in, residing in, selling, mining, extracting minerals from, or otherwise enjoying the Real Property, whether presently existing or arising in the future, to which the Debtor may now or hereafter become entitled or may demand or claim from the commencement of the Indebtedness through the time of the satisfaction of all of the obligations under the Loan Documents (collectively, the “Rents”), including security deposits, amounts drawn under letters of credit securing tenant
obligations, minimum rents, additional rents, parking revenues, deficiency rents, termination payments, space contraction payments, liquidated damages following default under a Lease, premiums payable by tenants upon their exercise of cancellation privileges, proceeds from lease guarantees, proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by destruction or damage to the Real Property, all rights and claims of any kind which the Debtor has or may in the future have against the tenants under the Leases, lease guarantors, or any subtenants or other occupants of the Real Property, all proceeds of any sale of the Real Property in violation of the Loan Documents (as hereinafter defined), any future
award granted the Debtor in any court proceeding involving any tenant in any bankruptcy, insolvency, or reorganization proceedings in any state or federal court, and any and all payments made by any tenant in lieu of rent.
Personal Property. All Account Collateral, Chattel Paper Collateral, Commercial Tort Claim Collateral, Deposit Account Collateral, Document Collateral, Equipment Collateral, Goods Collateral, General Intangible Collateral, Investment Property
Collateral, Letter of Credit Collateral and Money Collateral and the accessions, additions, replacements, substitutions and
Proceeds of any of the foregoing items of collateral (the “Personal Property”).
As utilized in this Schedule A:
1. The term “UCC” means the Uniform Commercial Code as adopted in Florida and from time to time in effect.
2. The following terms not otherwise expressly identified herein have the meanings set forth in Chapter 01-198, Laws of Florida: Account, Bank, Chattel Paper, Commercial Tort Claim, Deposit Account, Document, Equipment, Financing Statement, General Intangible, Instrument, Investment Property, Letter of Credit Right, and Proceeds.
3. The following terms have the meanings set forth below:
“Account Collateral” means all Accounts that arise from the operation, use or enjoyment of the Mortgaged Property.
“Appurtenances” means all rights, estates, titles, interests, privileges, easements, tenements, hereditaments, titles, royalties, reversions, remainders and other interests, whether presently held by the Debtor or acquired in the future, that may be conveyed as interests in the Land under the laws of Florida. including the Easements and the Assigned Rights.
“Assigned Rights” means, to the extent assignable, all of the Debtor's rights, easements, privileges, tenements, hereditaments, contracts, claims, licenses or other interests that relate to the Real Property, whether presently existing or arising in the future. The Assigned Rights include all of the Debtor's rights in and to all of the following, to the extent that they benefit or otherwise relate to the Real Property:
A. any greater estate in the Real Property;
B. insurance policies required to be carried, including the right to negotiate claims and to receive Insurance Proceeds and unearned insurance premiums;
C. Condemnation Proceeds;
D. Licenses, easements and other agreements permitting the use of sources of groundwater or water utilities, septic tank leach fields, railroad sidings, sewer lines, or means of ingress and egress;
E. drainage over other property;
F. air space above the Land;
G. mineral rights;
H. party walls;
I. vaults and their usage;
J. franchises;
K. Commercial Tort Claims that arise during the Loan term in respect of damages to the Real Property or to its operations, in respect of any impairment to the value of the Real Property, or in respect of the collection of any
Rents;
L. construction contracts;
M. roof and equipment guarantees and warranties;
N. building and development licenses and permits;
0. tax credits or other governmental entitlements, credits or rights, whether or not vested;
P. licenses and applications (whether or not yet approved or issued);
Q. rights under management and service contracts;
R. leases of Fixtures;
S. trade names; trademarks, trade styles, service marks, copyrights, and agreements with architects, environmental consultants, property tax consultants, engineers, and any other third party contractors whose services benefit the Real Property; and
T. the right to enter into any Secondary Financing.
“Chattel Paper Collateral” means all Chattel Paper arising from the sale or other disposition of all or part of the Personal Property.
“Commercial Tort Claim Collateral” means all Commercial Tort Claims in respect of damages to the Mortgaged Property or to its
operations, in respect of any impairment of the value of the Mortgaged Property, or in respect of the collection of any Accounts.
“Condemnation Proceeds” means all money or other property that has been, or is in the future, awarded or agreed to be paid or given in connection with any taking by eminent domain of all or any part of the Real Property (including a taking through the vacation of any street dedication or through a change of grade of such a street), either permanent or temporary, or in connection with any purchase in lieu of such a taking, or as a part of any related settlement.
“Deposit Account Collateral” means all the Deposit Accounts into which Rents are deposited at any time from the commencement of the Loan term through the satisfaction of all of the obligations.
“Document Collateral” means all Documents that evidence title to all or any part of the Goods Collateral.
“Easements” means, to the extent of the Debtor's existing and future interests, the declarations, easements, covenants, and restrictions appurtenant to the Land.
“Equipment Collateral” means Equipment that relates to the Real Property and is used in the operation of the Real Property as commercial real estate.
“Fixtures” means all materials, supplies, equipment, apparatus and other items now or hereafter attached to or installed in or on the Land and Improvements in a manner that causes them to become fixtures under the law of Florida, including all built-in or
attached furniture or appliances, elevators, escalators, heating, ventilating and air conditioning system components, emergency
electrical generators and related fuel storage or delivery systems, septic system components, storm windows, doors, electrical
equipment, plumbing, water conditioning, lighting, cleaning, snow removal, lawn, landscaping, irrigation, security, incinerating, firefighting, sprinkler or other fire safety equipment, bridge cranes or other installed materials handling equipment, satellite dishes or other telecommunication equipment, built-in video conferencing equipment, sound systems or other audiovisual equipment, and cable television distribution systems. Fixtures do not include trade fixtures, office furniture and office equipment owned by tenants unaffiliated with the Debtor, provided such items may be detached and removed by the tenants without damage to the
Real Property, other than incidental damage which the tenants are obligated to repair under the terms of their Leases. Fixtures expressly include HVAC, mechanical, security and similar systems of general utility for the operation of the Improvements as leasable commercial real property.
“General Intangible Collateral” means all General Intangibles that have arisen or that arise in the future in connection with the Debtor's ownership, operation or leasing of the Real Property, except for the Rents.
“Goods” shall have the definition assigned to it in the UCC; however, Goods expressly include all detached Fixtures, items of Personal Property that may become Fixtures, property management files, accounting books and records, reports of consultants relating to the Mortgaged Property, site plans, test borings, environmental or geotechnical surveys, samples and test results, blueprints, construction and shop drawings, and plans and specifications.
“Goods Collateral” means all Goods that relate to the Real Property and are used in the operation of the Real Property as
commercial real estate.
“Indebtedness” means all sums that are owed or become due pursuant to the terms of the Loan Documents or any other writing by or between the Debtor and the Secured Party, including scheduled principal payments, scheduled interest payments, default interest, late charges, prepayment premiums, accelerated or matured principal balances, advances, collection costs (including reasonable attorneys' fees), reasonable attorneys' fees and costs in enforcing any of the Loan Documents in any probate, bankruptcy or other proceeding, receivership costs and all other financial obligations of the Debtor incurred in connection with the loan transaction, except for sums that are owed or become due, or any particular person's liabilities or obligations, under any Loan Document that expressly states that it or such person's liabilities are unsecured by the Loan Documents.
“Instruments Collateral” means all Instruments received as Rents or purchased by the Debtor with Rents.
“Insurance Proceeds” means all (A) proceeds of all insurance now or hereafter carried by or payable to Debtor with respect to the Real Property, including with respect to the interruption of rents or income derived from the Mortgaged Property, all unearned insurance premiums and all related claims or demands with respect to the Mortgaged Property, and (B) all Proceeds.
“Investment Property Collateral” means all the Investment Property purchased using Rents, or received in respect to Account Collateral.
“Letter of Credit” shall have the definition assigned to it in Section 675.103, Florida Statutes.
“Letter of Credit Collateral” means all Letters of Credit that relate to the use, operation or enjoyment of the Mortgaged Property, including those that secure the payment of any Accounts comprising Account Collateral or arising from the sale or other disposition of all or part of the Mortgaged Property.
“Letter of Credit Rights” shall have the definition assigned to it in the UCC, but expressly includes the right of a beneficiary to demand payment or performance under a Letter of Credit.
“Loan Documents” means all documents evidencing the Loan or delivered in connection with the Loan, whether entered into in connection with the Indebtedness, whether as of the date hereof or in the future.
“Money Collateral” means all money received in respect of Rents.
“Real Property” means the Land and the Improvements.
“Secondary Financing” means all of the right, power or privilege of Debtor to further encumber any of the Mortgaged Property.
The property aforesaid, together with all improvements, buildings, fixtures, tenements, hereditaments and appurtenances thereto belonging, or in anywise appertaining, is being sold to satisfy BB&T's claims under said Judgment.
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. Within two (2) working days of your receipt of this summons/notice, please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD).
DATED this 11th day of September, 2012.
JOHN M. BRENNAN
Florida Bar No.: 297951
Primary E-Mail Address:
[email protected]
Secondary E-Mail Address:
[email protected]
[email protected]
GRAYROBINSON, P.A.
301 E. Pine Street, Suite 1400
Post Office Box 3068
Orlando, Florida 32802-3068
(407) 843-8880 Telephone
(407) 244-5690 Facsimile
Attorneys for Plaintiff,
BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, successor-in-interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank
September 14, 21, 2012 12-08202