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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.:
2013 CA 003062 CAAX WS
CSFB 2004-C3 LITTLE ROAD, LLC, a Florida limited liability company,
Plaintiff, vs.
CS COMPANY, LLC, a Florida limited liability company, et al.,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Final Judgment of Foreclosure entered on August 6, 2013 in Case No. 2013 CA 003062 CAAX WS of the Circuit Court of the Sixth Judicial Circuit, in and for Pasco County, Florida, in which CSFB 2004-C3 LITTLE ROAD, LLC, a Florida limited liability company, is the Plaintiff and the Defendants are CS COMPANY, LLC, a Florida limited liability company, PUERTO ORO LLC, a Delaware limited liability company, AMANN INVESTMENT LLC, a Delaware limited liability company, RSA INVESTMENTS FLORIDA, LLC, a Delaware limited liability company, CARLOTTI FLORIDA ASSOCIATES, LLC, a Delaware limited liability company, THE AMERICAN CLEANING SERVICES (TACS), INC., a Florida corporation d/b/a THE AMERICAN CLEANING SERVICES, the Clerk will sell to the highest and best bidder for cash on-line at www.pasco.realforeclose.com at 11:00 a.m. on September 12, 2013 the following described real and personal property located in Pasco County, Florida:
SEE EXHIBITS “A” AND “B” ATTACHED HERETO
EXHIBIT “A”
REAL PROPERTY LEGAL DESCRIPTION
PARCEL 1:
The North 421 feet of Tract 27 and 28, both in Section 35, Township 25 South, Range 16 East, Pasco County, Florida; said portion of Tracts being numbered and designated in accordance with the Plat of PORT RICHEY LAND COMPANY SUBDIVISION which appears of record in Plat Book 1, Pages 60 and 61, of the Public Records of Pasco County, Florida; LESS AND EXCEPT the North 100 feet of the East 160 feet (includes right-of-way for State Road 587) of Tract 28; ALSO LESS AND EXCEPT the South 100 feet of the North 421 feet of the East 160 feet of Tract 28; ALSO LESS AND EXCEPT the right-of-way for State Road 587, Moon Lake Road (Little Road).
TOGETHER WITH Perpetual, non-exclusive easement for pedestrian and vehicular ingress, egress, access and cross-parking as created by and set forth in that certain in Ingress, Egress, Access And Cross-Parking Easement recorded in Official Records Book 3371, Page 268, of the Public Records of Pasco County, Florida.
PARCEL 2:
The North 3/4 of Tracts 27 and 28, LESS AND EXCEPT the North 421 feet thereof, PORT RICHEY LAND COMPANY SUBDIVISION of Section 35, Township 25 South, Range 16 East, as shown on the plat recorded in Plat Book 1, Pages 60 and 61, of the Public Records of Pasco County, Florida; LESS AND EXCEPT the right-of-way for Little Road, and ALSO LESS AND EXCEPT the East 100.00 feet lying West of Little Road. The South boundary line of said Tracts 27 and 28 being the same as the South boundary line of the Northwest 1/4 of said Section 35.
TOGETHER WITH Perpetual non-exclusive easement for pedestrian and vehicular ingress, egress, access and cross-parking as created by and set forth in that certain in Ingress, Egress, Access And Cross-Parking Easement recorded in Official Records Book 3371, Page 268, of the Public Records of Pasco County, Florida.
PARCEL 3:
The South 100 feet of the North 421 feet of the East 160 feet of Tract 28 of PORT RICHEY LAND COMPANY SUBDIVISION as filed in Plat Book 1, Pages 60 and 61, of the Public Records of Pasco County, Florida, in Section 35, Township 25 South, Range 16 East, Pasco County, Florida; LESS AND EXCEPT the right-of-way for State Road 587 (Little Road).
TOGETHER WITH Perpetual non-exclusive easement for pedestrian and vehicular ingress, egress, access and cross-parking as created by and set forth in that certain in Ingress, Egress, Access And Cross-Parking Easement recorded in Official Records Book 3371, Page 268, of the Public Records of Pasco County, Florida.
PARCEL 4:
The East 100.00 feet of the following described parcel: The North 3/4 of Tracts 27 and 28, LESS AND EXCEPT the North 421 feet thereof, PORT RICHEY LAND COMPANY SUBDIVISION of Section 35, Township 25 South, Range 16 East, as shown on the plat recorded in Plat Book 1, Pages 60 and 61, of the Public Records of Pasco County, Florida; LESS AND EXCEPT the right-of-way for Little Road. The South boundary line of said Tracts 27 and 28 being the same as the South boundary line of the Northwest 1/4 of said Section 35.
TOGETHER WITH Perpetual non-exclusive easement for pedestrian and vehicular ingress, egress, access and cross-parking as created by and set forth in that certain in Ingress, Egress, Access And Cross-Parking Easement recorded in Official Records Book 3371, Page 268, of the Public Records of Pasco County, Florida.
COMPOSITE METES AND BOUNDS DESCRIPTION FOR PARCELS 1 THROUGH 4, INCLUSIVE:
COMMENCE at the Northeast corner of the Southwest 1/4 of Section 35, Township 25 South, Range 16 East, Pasco County, Florida; THENCE North 00°15'31” East along the center line of Little Road, 245.67 feet; thence South 89°32'30” West 60.00 feet to the POINT OF BEGINNING; thence continue along said line South 89°32'30” West, 824.21 feet, thence North 00°18'07” East 739.42 feet; thence South 89°25'15” East, 723.76 feet; thence South 00°18'55” West, 100.00 feet; thence South 89°13'34” East, 90.00 feet to the West right-of-way line of Little Road, thence along said line the following courses and distances; South 00°15'31” West 170.00 feet; South 17°37'39” East, 32.56 feet; thence South 00°15'31” West, 436.47 feet to the POINT OF BEGINNING.
EXHIBIT “B”
PERSONAL PROPERTY DESCRIPTION
DEBTOR/BORROWER: CS COMPANY, LLC, a Florida limited liability company, PUERTO ORO, LLC, a Delaware limited liability company, AMANN INVESTMENT LLC, a Delaware limited liability company, RSA INVESTMENTS FLORIDA, LLC, a Delaware limited liability company, CARLOTTI FLORIDA ASSOCIATES, LLC, a Delaware limited liability company,
SECURED PARTY/LENDER: CSFB 2004-C3 LITTLE ROAD, LLC,
a Florida limited liability company
All of Borrower's estate, right, title and interest in, to and under any and all of the following described property, whether now owned or hereafter acquired (collectively, the “Property”):
All that certain real property situated in the County of Pasco, State of Florida, more particularly described in Exhibit “A” above (the “Land”), together with all of the easements, rights, privileges, franchises, tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in any way appertaining thereto, and all of the estate, right, title, interest, claim and demand whatsoever of Borrower therein or thereto, either at law or in equity, in possession or in expectancy, now owned or hereafter acquired;
(B) All structures, buildings and improvements of every kind and description now or at any time hereafter located or placed on the Land (the “Improvements”);
(C) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, and other emblements now or hereafter located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in any way belonging, relating or appertaining to the Property or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Borrower;
(D) All furniture, furnishings, fixtures, goods, equipment, inventory or personal property owned by Borrower and now or hereafter located on, attached to or used in or about the Improvements, including, but not limited to, all machines, engines, boilers, dynamos, elevators, stokers, tanks, cabinets, awnings, screens, shades, blinds, carpets, draperies, lawn mowers, and all appliances, plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposal and incinerating equipment, and all fixtures and appurtenances thereto, and such other goods and chattels and personal property owned by Borrower as are now or hereafter used or furnished in operating the Improvements, or the activities conducted therein, and all building materials and equipment hereafter situated on or about the Land or Improvements, and all warranties and guaranties relating thereto, and all additions thereto and substitutions and replacements therefor (exclusive of any of the foregoing owned or leased by tenants of space in the Improvements);
(E) All water, water courses, ditches, wells, reservoirs and drains and all water, ditch, well, reservoir and drainage rights and powers which are appurtenant to, located on, under or above or used in connection with the Land or the Improvements, or any part thereof, together with (i) all utilities, utility lines, utility commitments, utility capacity, capital recovery charges, impact fees and other fees paid in connection with same, (ii) reimbursements or other rights pertaining to utility or utility services provided to the Land and/or Improvements and (iii) the present or future use or availability of waste water capacity, or other utility facilities to the extent same pertain to or benefit the Land and/or Improvements, including, without limitation, all reservations of or commitments or letters covering any such use in the future, whether now existing or hereafter created or acquired;
(F) All minerals, crops, timber, trees, shrubs, flowers and landscaping features now or hereafter located on, under or above the Land;
(G) All cash funds, deposit accounts and other rights and evidence of rights to cash, now or hereafter created or held by Lender pursuant to this mortgage or any other of the Loan Documents (as defined in the mortgage), including, without limitation, all funds now or hereafter on deposit in the Reserves (as defined in the mortgage);
(H) All leases, licenses, tenancies, concessions and occupancy agreements of the Land or the Improvements now or hereafter entered into and all rents, royalties, issues, profits, bonus money, revenue, income, rights and other benefits (collectively, the “Rents” or “Rents and Profits”) of the Land or the Improvements, or the fixtures or equipment, now or hereafter arising from the use or enjoyment of all or any portion thereof or from any present or future lease (including, without limitation, oil, gas and mineral leases), license, tenancy, concession, occupancy agreement or other agreement pertaining thereto or arising from any of the Contracts (as hereinafter defined) or any of the General Intangibles (as hereinafter defined) and all cash or securities (the “Security Deposits”) secure performance by the tenants, lessees or licensees, as applicable, of their obligations under any such leases, licenses, concessions or occupancy agreements, whether said cash or securities are to be held until the expiration of the terms of said leases, licenses, concessions or occupancy agreements or applied to one or more of the installments of rent coming due prior to the expiration of said terms, subject, however, to the provisions contained in Section 1.11 of the mortgage;
(I) All contracts and agreements now or hereafter entered into covering any part of the Land or the Improvements (collectively, the “Contracts”) and all revenue, income and other benefits thereof, including, without limitation, management agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Land or the Improvements (including plans, specifications, studies, drawings, surveys, tests, operating and other reports, bonds and governmental approvals) or to the management or operation of any part of the Land or the Improvements;
(J) All present and future monetary deposits given to any public or private utility with respect to utility services furnished to any part of the Land or the Improvements;
(K) All present and future funds, accounts, instruments (including, without limitation, promissory notes), investment property, letter-of-credit rights, letters of credit, money, supporting obligations, accounts receivable, documents, causes of action, claims, general intangibles (including, without limitation, payment intangibles and software, trademarks, trade names, service marks and symbols now or hereafter used in connection with any part of the Land or the Improvements, all names by which the Land or the Improvements may be operated or known, all rights to carry on business under such names, and all rights, interest and privileges which Borrower has or may have as developer or declarant under any covenants, restrictions or declarations now or hereafter relating to the Land or the Improvements) and all notes or chattel paper (whether tangible or electronic) now or hereafter arising from or by virtue of any transactions related to the Land or the Improvements (collectively, the “General Intangibles”);
(L) All water taps, sewer taps, certificates of occupancy, permits, special permits, uses, licenses, franchises, certificates, consents, approvals and other rights and privileges now or hereafter obtained in connection with the Land or the Improvements and all present and future warranties and guaranties relating to the Improvements or to any equipment, fixtures, furniture, furnishings, personal property or components of any of the foregoing now or hereafter located or installed on the Land or the Improvements;
(M) All building materials, supplies and equipment now or hereafter placed on the Land or in the Improvements and all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Land or the Improvements;
(N) All right, title and interest of Borrower in any insurance policies or binders now or hereafter relating to the Property, including any unearned premiums thereon;
(O) All proceeds, products, substitutions and accessions (including claims and demands therefor) of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, proceeds of insurance and condemnation awards; and
(P) All other or greater rights and interests of every nature in the Land or the Improvements and in the possession or use thereof and income therefrom, whether now owned or hereafter acquired by Borrower.
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.
PAULA S. O'NEIL, Ph.D. is the Clerk and Comptroller of the Court making the foregoing sale, Sixth Judicial Circuit, Pasco County, Florida.
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 (describe notice/order) please contact the Public Information Dept., Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext. 8110 (V) in Dade City; via 1-800-955-8771 if you are hearing impaired. 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 services.
By: DAVID W. TRENCH, ESQ.
Florida Bar No. 0202975
[email protected]
[email protected]
HELENE J. BROWN, ESQ.
Florida Bar No. 0071574
[email protected]
[email protected]
Respectfully submitted,
BILZIN SUMBERG BAENA
PRICE & AXELROD LLP
Counsel for Plaintiff
1450 Brickell Avenue, 23rd Floor
Miami, FL 33131-3456
(305) 374-7580 Telephone
(305) 374-7593 Facsmile
August 16, 23, 2013 13-03462P