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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE
SIXTH JUDICIAL CIRCUIT IN
AND FOR PINELLAS COUNTY,
FLORIDA
CASE NO.: 2013-003831-CI
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESOR-IN-INTEREST TO BANK OF AMERICA, N.A., AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SECURITIES INC., MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2002-C2, BY AND THROUGH CWCAPITAL ASSET MANAGEMENT LLC, SOLELY IN ITS CAPACITY AS SPECIAL SERVICER,
Plaintiff, vs.
WDPH VENTURE, a Florida
general partnership,
Defendant.
NOTICE is hereby given that pursuant to the Final Judgment of Foreclosure entered in this cause on April 16, 2013, pending in The Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, Case No.: 2013-003831-CI, the undersigned clerk will sell the real property situated in said County, described as:
See Exhibit “A” attached hereto,
EXHIBIT A
LEGAL DESCRIPTION OF
PROPERTY
The Mortgaged Property is located in Pinellas County, Florida, and is legally described as follows:
A. Real Property:
Parcel 1:
Lot 1, PALM HARBOR COMMONS PHASE 2, according to the plat thereof recorded in Plat Book 119, pages 93 and 94, of the public records of Pinellas County, Florida:
LESS that portion thereof described as follows:
A portion of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 6, Township 28 South, Range 16 East, Pinellas County, Florida also being a portion of Lot 1 of PALM HARBOR COMMONS PHASE 2 as recorded in Plat Book 119, pages 93 and 94, Public Records of Pinellas County, Florida, being more particularly described as follows:
Begin at the Southeast corner of said Lot 1; thence along the South line of said Lot 1 and the South line of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 6, N. 87°24'24” W., 585.27 feet to the Southwest corner of said Lot 1 and the West line of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 6; thence along said West line N. 01°12'21” W., 249.53 feet; thence N. 88°31'24” E., 582.62 feet to the Westerly right-of-way line of U.S. Highway 19; thence along said Westerly right-of-way line and the East line of said Lot 1 S. 01°28'36” E., 291.07 feet to the Point of Beginning.
Parcel 1A:
A leasehold estate created by that certain Ground Lease dated December 14, 2001, by and between WDPH VENTURE, a Florida general partnership, (as both Landlord and Tenant), recorded in Official Records Book 11733, Page 1943, of the public records of Pinellas County, Florida, over the following described property:
A portion of Lot 1, PALM HARBOR COMMONS PHASE 2, according to the plat thereof recorded in Plat Book 119, Pages 93 and 94, of the public records of Pinellas County, Florida, described as follows:
Commence at the Southeast corner of said Lot 1, PALM HARBOR COMMONS, PHASE 2; thence along the South line of said Lot 1 and the South line of the Southwest 1/4 of Section 6, Township 28 South, Range 16 East, Pinellas County, Florida, N.87°24'24” W., 52.58 feet to the Point of Beginning; thence continue along said South line of said Lot 1, N.87°24'24” W., 20.05 feet; thence N.01°28'36”W., 19.08 feet; thence N.88°31'24”E., 20.00 feet; thence S.01°28'36”E., 20.51 feet to the Point of Beginning.
Parcel 1B:
Easement for access in favor of WDPH VENTURE, a Florida general partnership, its successors and/or assigns, to have Sublessees erect, illuminate, maintain, service and remove the outdoor advertising structure of sublessees, as granted in Ground Lease dated December 14, 2001, by and between WDPH VENTURE, a Florida general partnership (as both Landlord and Tenant), recorded in Official Records Book 11733, Page 1943, of the public records of Pinellas County, Florida, over the following described property:
A portion of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 6, Township 28 South, Range 16 East, Pinellas County, Florida also being a portion of Lot 1 of PALM HARBOR COMMONS PHASE 2 as recorded in Plat Book 119, pages 93 and 94, Public Records of Pinellas County, Florida, being more particularly described as follows:
Begin at the Southeast corner of said Lot 1; thence along the South line of said Lot 1 and the South line of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 6, N. 87°24'24” W., 585.27 feet to the Southwest corner of said Lot 1 and the West line of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 6; thence along said West line N. 01°12'21” W., 249.53 feet; thence N. 88°31'24” E., 582.62 feet to the Westerly right-of-way line of U.S. Highway 19; thence along said Westerly right-of-way line and the East line of said Lot 1 S. 01°28'36” E., 291.07 feet to the Point of Beginning.
Parcel 2:
That portion of Lot 5, PALM HARBOR COMMONS, according to the plat thereof recorded in Plat Book 116, pages 55 and 56, Public Records of Pinellas County, Florida, described as follows:
A parcel of land lying in the NE 1/4 of the SW 1/4 of Section 6, Township 28 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows:
Commence at the NE corner of the SW 1/4 of Section 6, Township 28 South, Range 16 East; thence N. 89°16'43” W, along the North boundary of said SW 1/4, a distance of 100.07 feet to a point on the West Right-of-Way line of U.S. Highway 19; thence S 01°28'36” E, along said right-of-way line, parallel with and 100.00 feet West of the East boundary of said SW 1/4, a distance of 50.04 feet to a point on the South right-of-way line of S.R. 584-A; thence N. 89°16'43” W a distance of 20.01 feet; thence N. 01°28'35” W a distance of 17.01 feet; thence N. 89°16'43”W a distance of 185.55; thence S. 00°43'17” W, a distance of 422.97 feet; thence N. 89°16'43” W a distance of 12.83 feet to the Point of Beginning; thence S. 00°43'17” W a distance of 213.85 feet; thence N. 89°16'43” W. a distance of 337.93 feet; thence N. 01°12'19” W a distance of 146.73 feet; thence S. 89°16'43” E a distance of 84.01 feet; thence N. 00°43'17” E a distance of 67.20 feet; thence S 89°16'43” E a distance of 258.86 feet to the Point of Beginning.
TOGETHER WITH an Easement for ingress and egress as granted by Declaration of Easements, Covenants, Conditions and Restrictions recorded October 30, 1996 in Official Records Book 9508, Page 2207, as amended by First Amendment recorded in Official Records Book 9788, Page 191 and Second Amendment recorded in Official Records Book 9896, Page 919, all of the Public Records of Pinellas County, Florida.
Parcel 3:
Lot 4, PALM HARBOR COMMONS, according to the plat thereof recorded in Plat Book 116, pages 55 and 56, Public Records of Pinellas County, Florida.
Parcel 4:
A portion of Tract “C” of GREEN VALLEY ESTATES UNIT TWO, as recorded in Plat Book 82, pages 52 through 55, inclusive, of the Public Records of Pinellas County, Florida, being more particularly described as follows:
Commence at the Southwest corner of Lot 1 of PALM HARBOR COMMONS as recorded in Plat Book 116, pages 55 and 56, of the Public Records of Pinellas County, Florida; thence S. 89°16'41”E., along the Southerly line of said Lot 1, 25.10 feet; thence departing said Southerly line, S. 00°55'39”E., along the Westerly line of said Tract “C” 275.05 feet to the Point of Beginning; thence S. 89°17'14”E., 0.30 feet; thence S. 26°15'27”W., 231.98 feet to the Northeasterly line of a 100.00 foot Florida Power Easement as shown on said GREEN VALLEY ESTATES UNIT TWO; thence N. 33°34'50”W., along said Northeasterly Easement line 253.35 feet to the Northerly boundary line of said Tract “C”; thence S. 89°17'14”E., along said Northerly boundary line, 242.48 feet to the Point of Beginning.
TOGETHER WITH that certain easement for ingress and egress, as created by Easement Agreement recorded in Official Records Book 10275, page 1431, of the Public Records of Pinellas County, Florida.
Parcel 5:
Easements for ingress, egress, parking and drainage as created by Declaration of Covenants Easements and Restrictions recorded in Official Records Book 10488, page 1360, as amended by First Amendment recorded in Official Records Book 11733, page 1875, Public Records of Pinellas County, Florida.
TOGETHER WITH:
B. Personal Property:
All right, title, interest and estate of WDPH VENTURE, a Florida general partnership (“Mortgagor”) now owned, or hereafter acquired, in and to the following property, rights, interests and estates (the Real Property (“Premises”), the Improvements, and the property, rights, interests and estates hereinafter described are collectively referred to herein as the “Mortgaged Property”):
(a) all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, all rights to oil, gas, minerals, coal and other substances of any kind or character, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road, highway, alley or avenue, opened, vacated or proposed, in front of or adjoining the Premises, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtsey and rights of curtsey, property, possession, claim and demand whatsoever, both at law and in equity, of Mortgagor of, in and to the Premises and the Improvements and every part and parcel thereof, with the appurtenances thereto;
(b) all machinery, furniture, furnishings, equipment, computer software and hardware, fixtures (including, without limitation, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature, whether tangible or intangible, whatsoever owned by Mortgagor, or in which Mortgagor has or shall have an interest, now or hereafter located upon the Premises and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Premises and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Mortgagor, or in which Mortgagor has or shall have an interest, now or hereafter located upon the Premises and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation, enjoyment and occupancy of the Premises and the Improvements (hereinafter collectively referred to as the “Equipment”), including any leases of any of the foregoing, any deposits existing at any time in connection with any of the foregoing, and the proceeds of any sale or transfer of the foregoing, and the right, title and interest of Mortgagor in and to any of the Equipment that 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 Mortgaged Property is located (the “Uniform Commercial Code”), superior in lien to the lien of this Mortgage;
(c) all awards or payments, including interest thereon, that may heretofore and hereafter be made with respect to the Premises and the Improvements, whether from the exercise of the right of eminent domain or condemnation (including, without limitation, any transfer made in lieu of or in anticipation of the exercise of said rights), or for a change of grade, or for any other injury to or decrease in the value of the Premises and Improvements;
(d) all leases and other agreements or arrangements heretofore or hereafter entered into affecting the use, enjoyment or occupancy of, or the conduct of any activity upon or in, the Premises and the Improvements, including any extensions, renewals, modifications or amendments thereof (hereinafter collectively referred to as the “Leases”) and all rents, rent equivalents, moneys payable as (Images or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), income, fees, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits), accounts, cash, issues, profits, charges for services rendered, and other payment and consideration of whatever form or nature received by or paid to or for the account of or benefit of Mortgagor or its agents or employees from any and all sources arising from or attributable to the Premises and the Improvements (hereinafter collectively referred to as the “Rents”), together with 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;
(e) all proceeds of and any unearned premiums on any insurance policies covering the Mortgaged 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 Mortgaged Property;
(f) all accounts, escrows, impounds, reserves, documents, instruments, chattel paper, claims, deposits and general intangibles, as the foregoing terms are defined in the Uniform Commercial Code, and all franchises, trade names, trademarks, symbols, service marks, books, records, plans, specifications, designs, drawings, permits, consents, licenses (including liquor licenses, to the extent assignable), license agreements, operating contracts, contract rights (including, without limitation, any contract with any architect or engineer or with any other provider of goods or services for or in connection with any construction, repair, or other work upon the Mortgaged Property) and all management, franchise, service, supply and maintenance contracts and agreements, and any other agreements, permits or contracts of any nature whatsoever now or hereafter obtained or entered into by the Mortgagor with respect to the operation or ownership of the Mortgaged Property); and all approvals, actions, refunds of real estate taxes and assessments (and any other governmental impositions related to the Mortgaged Property); and all causes of action that now or hereafter relate to, are derived from or are used in connection with the Mortgaged Property, or the use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon (hereinafter collectively referred to as the “Intangibles”);
(g) all proceeds, products, offspring, rents and profits from any of the foregoing, including, without limitation, those from sale, exchange, transfer, collection, loss, damage, disposition, substitution or replacement of any of the foregoing; and
(h) any and all monies or funds now or hereafter deposited in or with respect to any impound, escrow or similar funds established pursuant to or held under any of the Loan Documents, including but not limited to the Tax and Insurance Impound and the Replacement Escrow Fund (as such terms are defined in the Mortgage).
TOGETHER WITH any and all proceeds and products of any of the foregoing and any and all other security and collateral of any nature whatsoever, now or hereafter given for the repayment of the Debt (as defined in that certain Amended and Restated Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of December 14, 2001 (the “Mortgage”) and recorded December 14, 2001 in Official Records Book 11733, Page 2011 of the Public Records of Pinellas County, Florida and the performance of Borrower's obligations under the Loan Documents (as defined in the Mortgage).
at public sale to the highest and best bidder for cash on the 7th day of June, 2013, in Pinellas County, Florida by electronic sale beginning at 10:00 a.m. on the prescribed date 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 Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 500, 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.
TODD F. KOBRIN, ESQ.
Florida Bar No.: 0946958
SHUTTS & BOWEN LLP
300 South Orange Avenue, Suite 1000
Mailing Address:
P.O. Box 4956 (ZIP 32802-4956)
Orlando, Florida 32801-5403
Telephone: (407) 423-3200
Facsimile: (407) 425-8316
[email protected]
-and-
GREGORY A. CROSS, ESQ.
HEATHER DEANS FOLEY, ESQ.
VENABLE LLP
750 East Pratt Street, Suite 900
Baltimore, Maryland 21202
Telephone: (410) 244-7400
Facsimile: (410) 244-7742
[email protected]
[email protected]
ATTORNEYS FOR PLAINTIFF
ORLDOCS 12901801 1
April 26; May 3, 2013 13-04327