13-00222

FIRST INSERTION
RE-NOTICE OF
FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE 6TH JUDICIAL CIRCUIT,
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 2011-CA-11749 CI-21
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LEHMAN BROTHERS SMALL BALANCE COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-2,
Plaintiff, vs.
OHANA ENTERPRISES, INC., a dissolved Florida corporation; DRUHILL PROFESSIONAL
CENTER, INC., a Florida
non-profit corporation; and
HARRIS AND HUNT P.A., a Florida corporation,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure dated November 26, 2012 and the Order Postponing Foreclosure Sale dated December 21, 2012, entered in Case No. 2011-CA-11749 CI-21 in the Circuit Court of the 6th Judicial Circuit in and for Pinellas County, Florida, wherein U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LEHMAN BROTHERS SMALL BALANCE COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-2, is the Plaintiff, and OHANA ENTERPRISES, INC., a dissolved Florida corporation; DRUHILL PROFESSIONAL CENTER, INC., a Florida non-profit corporation; and HARRIS AND HUNT P.A., a Florida corporation, are the Defendants, I will sell to the highest and best bidder for cash at the Pinellas County Clerk's website for on-line auctions on February 22, 2013 at 10:00 a.m., via the Internet at www.pinellas.realforeclose.com, the following described property situated in Pinellas County, as set forth in said Final Judgment, to wit:
SEE COMPOSITE EXHIBIT “A” and EXHIBIT “A-1”
ATTACHED HERETO AND MADE A PART HEREOF
COMPOSITE
EXHIBIT “A”
Mortgaged Property
All of Borrower's present and future right, title and interest in and to all of the following, whether now owned or hereafter acquired (collectively, the “Mortgaged Property”):
(A) That parcel or parcels of Land described in the legal description attached hereto as Exhibit “A-1” (the “Land”); together with all of Borrower's right, title and interest in:
(B) the buildings, structures, improvements, and alterations now constructed or at any time in the future constructed or placed upon the Land, including any future replacements and additions (collectively, the “Improvements”);
(C) all property owned by Borrower which is so attached to the Land or the Improvements as to constitute a fixture under applicable law, including; machinery, equipment, engines, boilers, incinerators, installed building materials; systems and equipment for the purpose of supplying or distributing heating, cooling, electricity, gas, water, air, or light; antennas, cable, wiring and conduits used in connection with radio, television, security, fire prevention, or fire detection or otherwise used to carry electronic signals; telephone systems and equipment; elevators and related machinery and equipment tire detection, prevention and extinguishing systems and apparatus; security and access control systems and apparatus; plumbing systems; water heaters, ranges, stoves, microwave ovens, refrigerators, dishwashers, garbage disposers, washers, dryers and other appliances; light fixtures, awnings, storm windows and storm doors; pictures, screens, blinds, shades, curtains and curtain rods; mirrors; cabinets, paneling, rugs and floor and wall coverings; fences, trees and plants; swimming pools; and exercise equipment (collectively, the “Fixtures”);
(D) all: (i) accounts (including deposit accounts); (ii) equipment and inventory owned by Borrower, which are used now or in the future in connection with the ownership, management or operation of the Land or Improvements or are located on the Land or Improvements, including furniture, furnishings, machinery, building materials, goods, supplies, tools, books, records (whether in written or electronic form), computer equipment (hardware and software); (iii) other tangible personal property including ranges, stoves, microwave ovens, refrigerators, dishwashers, garbage disposers, washers, dryers and other appliances (other than Fixtures); (iv) any operating agreements relating to the Land or the Improvements; (v) any surveys, plans and specifications and contracts for architectural, engineering and construction services relating to the Land or the Improvements; (vi) all other intangible property, general intangibles and rights relating to the operation of, or used in connection with, the Land or the Improvements, including all governmental permits relating to any activities on the Land and including subsidy or similar payments received from any sources, including a governmental authority; and (vii) any rights of Borrower in or under letters of credit (collectively, the “Personalty”);
(E) all current and future rights, including air rights, development rights, zoning rights and other similar rights or interests, easements, tenements, rights-of-way, strips and gores of land, streets, alleys, roads, sewer rights, waters, watercourses, and appurtenances related to or benefiting the Land or the Improvements, or both, and all rights-of-way, streets, alleys and roads which may have been or may in the future be vacated;
(F) all proceeds paid or to be paid by any insurer of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property, whether or not Borrower obtained the insurance pursuant to Lender's requirement;
(G) all awards, payments and other compensation made or to be made by any municipal, state or federal authority with respect to the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property, including any awards or settlements. resulting from condemnation proceedings or the total or partial taking of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property under the power of eminent domain or otherwise and including any conveyance in lieu thereof;
(H) all contracts, options and other agreements for the sale of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Properly entered into by Borrower now or in the future, including cash or securities deposited to secure performance by parties of their obligations;
(I) all proceeds from the conversion, voluntary or involuntary, of any of the above into cash or liquidated claims, and the right to collect such proceeds;
(J) all rents, revenues and other income of the Land or the Improvements, including parking fees and vending machine income and fees and charges for other services provided at the Mortgaged Property, whether now due, past due, or to become due, and deposits forfeited by tenants (collectively, the “Rents”);
(K) all present and future leases, subleases, licenses, concessions or grants or other possessory interests now or hereafter in force, whether oral or written, covering or affecting the Mortgaged Property, or any portion of the Mortgaged Property, and all modifications, extensions or renewals (collectively, the “Leases”);
(L) all earnings, royalties, accounts receivable, issues and profits from the Land, the Improvements or any other part of the Mortgaged Property, and all undisbursed proceeds of the loan secured by the Mortgage and, if Borrower is a cooperative housing corporation, maintenance charges or assessments payable by shareholders or residents;
(M) all Impositions and Imposition Deposits, as defined in the Mortgage;
(N) all refunds or rebates of Impositions by any municipal, state or federal authority or insurance company (other than refunds applicable to periods before the real property tax year in which the Mortgage is dated);
(O) all tenant security deposits which have not been forfeited by any tenant under any Lease and any bond or other security in lieu of such deposits; and
(P) all names under or by which any of the above Mortgaged Property may be operated or known, and all trademarks, trade names, and goodwill relating to any of the Mortgaged Property.
To Have And To Hold the Mortgaged Property to Mortgagee, Mortgagee's heirs, successors and assigns forever upon the terms and conditions and upon the uses and purposes set forth in the Mortgage.
As used in this Exhibit, “Borrower” refers to Defendant Ohana Enterprises, Inc.
EXHIBIT “A-1”
LEGAL DESCRIPTION
Condominium parcel described as Unit 701, PHASE VII-A, and an undivided share in the common elements appurtenant thereof, according to the Declaration of Condominium of DRUHILL PROFESSIONAL CENTER, and related documents, as recorded in Official Records Book 5456, Pages 1137 through 1202, inclusive, and the Plat thereof recorded in Condominium Plat Book 65, Pages 121 through 129, inclusive, all of the Public Records of Pinellas County, Florida.
Property Address: 611 Druid Street East, Suite 701, Clearwater, Florida 33756.
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.
AMERICANS WITH DISABILITIES ACT (ADA) NOTICE
In accordance with the Americans with Disabilities Act, 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 or your receipt of this (describe notice/order) 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 services.
DATED this 31st day of December, 2012.
KEN BURKE, CLERK of COURT PINELLAS COUNTY, FLORIDA
By: Lee D. Mackson
Florida Bar No. 435929
SHUTTS & BOWEN LLP
Attorneys for Plaintiff
1500 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
Telephone: (305) 358-6300
Email: [email protected]
January 11, 18, 2013 13-00222

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