13-03736

FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT,
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 11-1666 CI 15
BACM 2005-3 BRYAN DAIRY
INDUSTRIAL, LLC, a Florida limited liability company,
Plaintiff, vs.
FPRO-501, LLC, a Delaware limited liability company, FORT V MT, LLC, a Delaware limited liability
company, and FORT V, LLC, a
Delaware limited liability company,
Defendants.
NOTICE IS HEREBY GIVEN, pursuant to the Consent Final Judgment of Foreclosure entered in this cause on March 27, 2013 in Case No.: 11-1666 CI 15 of the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, wherein BACM 2005-3 BRYAN DAIRY INDUSTRIAL, LLC, a Florida limited liability company is the Plaintiff and FPRO-501, LLC, a Delaware limited liability company, FORT V MT, LLC, a Delaware limited liability company, and FORT V, LLC, a Delaware limited liability company, are the Defendants, I will sell to the highest and best bidder for cash at www.pinellas.realforeclose.com, the Clerk's website for on-line foreclosure auctions, at 10:00 a.m. on the 30th day of April, 2013, the following described real and personal property as set forth in said Consent Final Judgment of Foreclosure described as:
SEE EXHIBITS “A” and “B”
ATTACHED HERETO
EXHIBIT “A”
REAL PROEPRTY -
LEGAL DESCRIPTION
PARCEL 1:
LOT 2, BLOCK 1, CENTERBANC, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 99, PAGE 15, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
-AND-
PARCEL 2:
A PORTION OF FARMS 38, 43 AND 54, TOGETHER WITH CERTAIN VACATED RIGHTS-OF-WAY IN SECTION 18, TOWNSHIP 30 SOUTH, RANGE 16 EAST, PLAT OF PINELLAS FARMS, AS RECORDED IN PLAT BOOK 7, PAGES 4 AND 5, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, SAID LAND BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 21, FOREST INDUSTRIAL PARK, AS RECORDED IN PLAT BOOK 85, PAGES 86 AND 87, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 88° 20'40'' EAST ALONG A LINE 55 FEET SOUTH OF AND PARALLEL WITH THE EAST-WEST CENTERLINE OF SECTION 18, TOWNSHIP 30 SOUTH, RANGE 16 EAST, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF BRYAN DAIRY ROAD AND ALSO OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4624, PAGE 168, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, 623.96 FEET TO AN INTERSECTION WITH A LINE 70 FEET WEST OF AND PARALLEL WITH THE WEST BOUNDARY OF BRYAN DAIRY CENTER, AS RECORDED IN PLAT BOOK 83, PAGES 57 AND 58, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 00 03'15'' WEST, ALONG SAID LINE, 1451.38 FEET TO AN INTERSECTION WITH A LINE 155 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF FARM 54, SAID PLAT OF PINELLAS FARMS; THENCE NORTH 88° 26'33'' WEST ALONG SAID LINE, 624.98 FEET TO THE EAST BOUNDARY OF SAID FOREST INDUSTRIAL PARK; THENCE NORTH 00° 05'44'' EAST ALONG SAID LINE, 1452.42 FEET TO THE AFOREMENTIONED POINT OF BEGINNING.
PARCEL 1 AND PARCEL 2 ALSO BEING TOGETHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 21, FOREST INDUSTRIAL PARK, AS RECORDED IN PLAT BOOK 85, PAGES 86 AND 87, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 88° 20'40'' EAST ALONG A LINE 55 FEET SOUTH OF AND PARALLEL WITH THE EAST-WEST CENTERLINE OF SECTION 18, TOWNSHIP 30 SOUTH, RANGE 16 EAST, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF BRYAN DAIRY ROAD AND ALSO OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4624, PAGE 168, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, 623.96 FEET TO AN INTERSECTION WITH A LINE 70 FEET WEST OF AND PARALLEL WITH THE WEST BOUNDARY OF BRYAN DAIRY CENTER, AS RECORDED IN PLAT BOOK 83, PAGES 57 AND 58, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 00° 03'15'' WEST ALONG SAID LINE, 1451.38 FEET TO AN INTERSECTION WITH A LINE 155 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF FARM 54, SAID PLAT OF PINELLAS FARMS; THENCE NORTH 88° 26'33'' WEST ALONG SAID LINE, 624.98 FEET TO THE EAST BOUNDARY OF SAID FOREST INDUSTRIAL PARK; THENCE NORTH 00° 05'44'' EAST, 1,237.41 FEET TO THE SOUTHEAST CORNER OF LOT 2, BLOCK 1, OF CENTERBANC, AS RECORDED IN PLAT BOOK 99, PAGE 15, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2, NORTH 88° 20'40'' WEST, 137.08 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE WESTERLY LINE OF SAID LOT 2, NORTH 00° 33'43'' EAST 214.99 FEET TO THE NORTHWEST CORNER OF SAID LOT 2, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY OF BRYAN DAIRY ROAD; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 2, ALSO ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF BRYAN DAIRY ROAD, SOUTH 88° 20'40'' EAST, 135.33 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
PARCEL 3:
A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR DRAINAGE PURPOSES APPURTENANT TO PARCEL 2, PURSUANT TO AND BEING MORE PARTICULARLY DESCRIBED IN THAT CERTAIN GRANT OF DRAINAGE EASEMENT EXECUTED BY CATALINA YACHTS, TO AND IN FAVOR OF HKH-1 LTD., DATED JULY 15, 1996, AND RECORDED ON JULY 26, 1996, IN OFFICIAL RECORDS BOOK 9415, PAGE 1749, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
-AND-
PARCEL 4:
A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRAINAGE AND UTILITIES PURPOSES APPURTENANT TO PARCEL 2, PURSUANT TO AND BEING MORE PARTICULARLY DESCRIBED IN THAT CERTAIN GRANT OF EASEMENT EXECUTED BY CATALINA YACHTS, TO AND IN FAVOR OF HKH-1 LTD., DATED SEPTEMBER 21 , 1998, AND RECORDED ON SEPTEMBER 23, 1998, IN OFFICIAL RECORDS BOOK 10246, PAGE 2170, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, WHICH EASEMENT ENCUMBERS THE “FREEMAN ROAD EASEMENT AREA” DESCRIBED ON EXHIBIT “A-2” ATTACHED HERETO.
-AND-
PARCEL 5:
CERTAIN PERPETUAL, NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS AND UTILITIES PURPOSES APPURTENANT TO PARCEL 1 AND PARCEL 2, PURSUANT TO AND BEING MORE PARTICULARLY DESCRIBED IN THAT CERTAIN CROSS-EASEMENT AGREEMENT EXECUTED BY GWH, LTD., AND HKH-1, LTD., DATED DECEMBER 20, 1996, AND RECORDED ON DECEMBER 20, 1996, IN OFFICIAL RECORDS BOOK 9559, PAGE 1496, AS AMENDED BY AMENDMENT TO CROSS-EASEMENT AGREEMENT EXECUTED BY GWH, LTD ., AND HKH-1 LTD., DATED APRIL 10, 1997, AND RECORDED ON APRIL 11, 1997, IN OFFICIAL RECORDS BOOK 9670, PAGE 1094, AS FURTHER AMENDED BY SECOND AMENDMENT TO CROSS-EASEMENT AGREEMENT EXECUTED BY GWH, LTD., AND HKH-1, LTD., DATED OCTOBER 22, 1998, AND RECORDED ON OCTOBER 23, 1998, IN OFFICIAL RECORDS BOOK 10279, PAGE 1957, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
EXHIBIT “A-2”
FREEMAN ROAD EASEMENT AREA:
A PORTION OF FARMS 38, 43, 54 AND A 30 FOOT RIGHT-OF-WAY (VACATED PER OFFICIAL RECORDS BOOK 2990, PAGE 431), PINELLAS FARMS, AS RECORDED IN PLAT BOOK 7, PAGES 4 AND 5, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, LYING IN SECTION 18, TOWNSHIP 30 SOUTH, RANGE 16 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCE AT THE NORTHEAST CORNER OF LOT 21, FOREST INDUSTRIAL PARK, AS RECORDED IN PLAT BOOK 85, PAGES 86 AND 87, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 88° 20'40'' EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF BRYAN DAIRY ROAD (BASIS OF BEARINGS FOR THIS DESCRIPTION), SAME BEING LINE 55.00 FEET SOUTH OF AND PARALLEL WITH THE EAST-WEST CENTERLINE OF SECTION 18, TOWNSHIP 30 SOUTH, RANGE 16 EAST, FOR 623.96 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88° 20'40'' EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF BRYAN DAIRY ROAD, FOR 70.03 FEET TO THE POINT OF INTERSECTION WITH THE EAST BOUNDARY LINE OF SAID FARM 38, SAME ALSO BEING THE NORTHWEST BOUNDARY CORNER OF LOT 1, BRYAN DAIRY CENTER, AS RECORDED IN PLAT BOOK 83, PAGES 57 AND 58, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE OF BRYAN DAIRY ROAD, SOUTH 00° 03'15'' WEST, ALONG SAID EAST BOUNDARY LINE OF FARM 38, THE EAST BOUNDARY LINE OF SAID FARM 43, THE EAST RIGHT-OF-WAY LINE OF SAID 30.00 FOOT RIGHT-OF-WAY (VACATED PER OFFICIAL RECORDS BOOK 2990, PAGE 431), AND THE EAST BOUNDARY LINE OF SAID FARM 54, RESPECTIVELY, SAME ALSO BEING THE WEST BOUNDARY LINE OF SAID BRYAN DAIRY CENTER, FOR 1451.26 FEET TO THE POINT OF INTERSECTION WITH A LINE 155.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH BOUNDARY LINE OF SAID FARM 54; THENCE LEAVING SAID WEST BOUNDARY LINE OF FARM 54, NORTH 88° 26'33'' WEST, ALONG SAID LINE 155.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH BOUNDARY LINE OF FARM 54, FOR 70.02 FEET TO THE POINT OF INTERSECTION WITH A LINE 70.00 FEET WEST OF AND PARALLEL WITH SAID EAST BOUNDARY LINE OF FARM 38, SAID EAST BOUNDARY LINE OF FARM 43, SAID EAST RIGHT-OF-WAY LINE OF A 30.00 FOOT RIGHT-OF-WAY (VACATED PER OFFICIAL RECORDS BOOK 2990, PAGE 431), AND SAID EAST BOUNDARY LINE OF FARM 54; THENCE LEAVING SAID LINE 155.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH BOUNDARY LINE OF FARM 54, NORTH 00° 03'15'' EAST, ALONG SAID LINE 70.00 FEET WEST OF AND PARALLEL WITH THE EAST BOUNDARY LINE OF FARM 38, THE EAST BOUNDARY LINE OF FARM 43, THE EAST BOUNDARY LINE OF A 30.00 FOOT RIGHT-OF-WAY (VACATED PER OFFICIAL RECORDS BOOK 2990, PAGE 431), AND THE EAST BOUNDARY LINE OF FARM 54, FOR 1451.38 FEET TO THE POINT OF BEGINNING.
EXHIBIT “B”
PERSONAL PROPERTY
DESCRIPTION
All of Debtor's estate, right, title and interest in, to and under the following described property whether now owned or hereinafter acquired by Debtor (collectively, the “Property”):
(a) Land. The land described in Exhibit A attached hereto and made a part hereof, together with all estates and development rights now existing or hereafter acquired for use in connection therewith (“Land”);
(b) Additional Land. All land that, from time to time, by supplemental deed or otherwise, may be expressly made subject to subject to the lien of that certain Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (the “Security Instrument”), and all estates and development rights hereafter acquired by Borrower for use in connection with such land (also, the “Land”);
(c) Improvements. All buildings, structures, improvements and fixtures now or hereafter erected or located on the Land (“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 Property 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 Borrower of, in and to the Property and every part and parcel thereof, with all appurtenances thereto;
(e) Fixtures and Personal Property. All machinary, equipment, fixtures (including, without limitation, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), furnishing, building supplies and materials, and all other personal property of every kind and nature whatsoever owned by Borrower (or in which Borrower has or hereafter acquires an interest) and now or hereafter located upon, or appurtenant to, the Property or used or useable in the present or future operation and occupancy of the Property, along with all accessions, replacements or substitutions of all or any portion thereof (collectively, “Personal Property”);
(f) Leases and Rents. All leases, subleases, licenses and other agreements granting others the right to use or occupy all or any part of the Property together with all restatements, renewals, extensions, amendments and supplements thereto including, but not limited to, the Master Lease (“Leases”), now existing or hereafter entered into, and whether entered before or after the filing by or against Borrower of any petition for relief under the Bankruptcy Code, and all of Borrower's right, title and interest in the Leases, including, without limitation (i) all guarantees, letters of credit and any other credit support given by any tenant or guarantor in connection therewith (“Lease Guaranties”), (ii) all cash, notes, or security deposited thereunder to secure the performance by the tenants of their obligations thereunder (“Tenant Security Deposits”), (iii) all claims and rights to the payment of damages and other claims arising from any rejection by a tenant of its Lease under the Bankruptcy Code (“Bankruptcy Claims”), (iv) all of the landlord's rights in casualty or condemnation proceeds of a tenant in respect of the leased premises (“Tenant Claims”), (v) all rents, ground rents, additional rents, revenues, termination and similar payments, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Property (collectively with the Lease Guaranties, Tenant Security Deposits, Bankruptcy Claims and Tenant Claims, “Rents”), whether paid or accruing before or after the filing by or against Borrower of any petition for relief under the Bankruptcy Code, (vi) all proceeds or streams of payment from the sale or other disposition of the Leases or disposition of any Rents, and (vii) the right to receive and apply the Rents to the payment of the Debt and to do all other things which Borrower or a lessor is or may become entitled to do under the Leases or with respect to the Rents;
(g) 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, without limitation, 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) Insurance Proceeds. All proceeds of, and any unearned premiums on, any insurance policies covering the Property, including, without limitation, the exclusive right to receive and apply the proceeds of any claim awards, judgments, or settlements made in lien thereof, for damage to the Property;
(i) Tax Certiorari. All refunds, rebates or credits in connection with a reduction in Taxes, including, without limitation, rebates as a result of tax certiorari or any other applications or proceedings for reduction;
(j) Agreements. All agreements (including, without limitation, interest rate cap agreements, swaps or other interest hedging agreements), contracts (including, without limitation, service, supply and maintenance contracts), registrations, permits, licenses (including, without limitation, liquor licenses, if any, to the fullest extent assignable by Borrower), franchise, 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 Property, or respecting any business or activity conducted from the Property, and all right, title and interest of Borrower therein and thereunder, including, without limitation, the right, while an Event of Default remains uncured, to receive and collect any sums payable to Borrower thereunder (collectively, the “Operating Agreements”);
(k) Intangibles. All accounts, escrows, chattel paper, claims, deposits, trade names, trademarks, service marks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property;
(l) Accounts. All reserves, escrows and deposit accounts maintained by Borrower with respect to the Property (including, without limitation, all reserves, escrows, deposit accounts and lockbox accounts established pursuant to the Loan Agreement), together with all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property from time to time held therein, and all proceeds, products, distributions, dividends or substitutions thereon or thereof;
(m) Rights to Conduct Legal Actions. The right, in the name and on behalf of Borrower, to commence any action or proceeding to protect the interest of Lender in the Property and to appear in and defend any action or proceeding brought with respect to the Property;
(n) Proceeds. All proceeds and profits arising from the conversion, voluntary or involuntary, of any of the foregoing into cash (whether made in one payment or a stream of payments) and any liquidation claims applicable thereto; and
(o) Rights. Any and all other rights of Borrower in and to the items set forth in the foregoing subsections (a) through (n), inclusive, and in and to 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 sixty (60) days after the sale.
NOTICE TO PERSONS WITH DISABILITIES 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 of Sale, please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD). 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 disabled transportation service.
Dated: this 2nd day of April, 2013.
By: MITCHELL E. WIDOM, ESQ.
Florida Bar No. 473911
[email protected]
[email protected]
ENZA G. BODERONE, ESQ.
Florida Bar No. 0792411
[email protected]
[email protected]
[email protected]
Respectfully submitted,
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Counsel for Plaintiff
1450 Brickell Avenue, Suite 2300
Miami, Florida 33131-2336
Telephone: (305) 374-7580
Facsimile: (305) 374-7593
3616831.1 72496/34585
April 5, 12, 2013 13-03736

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