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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 12-12689 CI
U.S. Bank National Association, as Trustee for the registered holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2006-C26, acting by and through CWCapital Asset Management LLC, solely in its capacity as Special Servicer,
Plaintiff, vs.
Bell Weathersfield Commons, LLC, a North Carolina limited liability company; Vanstory Weathersfield, LLC, a Delaware limited liability company; WB Weathersfield, LLC, a Delaware limited liability company; and Weathersfield Community Association, Inc., a Florida
not-for-profit corporation,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to the Final Judgment of Foreclosure entered on or about February 12, 2013, entered in the above-styled cause, in the Circuit Court of Pinellas, Florida, I, Clerk of the Circuit Court, will sell the following property, situated in Pinellas County, Florida, and more particularly described as Exhibit “A” and Exhibit “B” attached hereto as follows:
Exhibit “A” - Description of Real Property
and
Exhibit “B” - Description of Other Property
EXHIBIT A
Legal Description
Parcel 1:
That part of the Northeast 1/4 of the Southwest 1/4 of Section 25, Township 28 South, Range 15 East, Pinellas County, Florida, more particularly described as follows:
Commence at the Northwest corner of the Southwest 1/4 of Section 25, Township 28 South, Range 15 East, Pinellas County, Florida; thence South 89° 13' 10” East along the North boundary of the Southwest 1/4, a distance of 1343.16 feet to the Northwest corner of the Northeast 1/4 of said Southwest 1/4; thence continue South 89° 13' 10” East, 80.02 feet; thence South 00° 36' 08” East, 80.00 feet East of and parallel with the West boundary of the Northeast 1/4 of said Southwest 1/4, a distance of 64.47 feet, said point being on the Southerly right of way line of State Road 580, according to State Right of Way Map, Section 15070-2517, Sheet 5; thence Easterly along said right of way line, South 89° 12' 48” East, 190.00 feet to the Point of Beginning; thence continue along said right of way, South 89° 12' 48” East, 72.96 feet; thence along said right of way, South 87° 45' 27” East, 103.25 feet; thence South 00° 36' 08” East, 179.40 feet, thence North 89° 23' 52” East, 224.90 feet to the East boundary of the West 1/2 of the Northeast 1/4 of the Southwest 1/4; thence South 00° 29' 26” East, along said East boundary, 483.70 feet; thence North 89° 13' 10” West, 594.61 feet; thence along the arc of non-tangent curve to the left, 66.30 feet, radius 490.00 feet, central angle 07° 45' 07”, chord bearing North 03° 16' 26” East, 66.24 feet; thence North 00° 36' 08” West, 394.15 feet; thence South 89° 12' 48” East, 190.00 feet; thence North 00° 36' 08” West, 200.00 feet to the Point of Beginning.
Parcel 2:
TOGETHER WITH a non-exclusive easement for the benefit of Parcel 1, as created by Non-Exclusive Easement recorded March 14, 1988 in Official Records Book 6699, Page 246, Public Records of Pinellas County, Florida for discharge of stormwater over, under and across the land described therein.
Parcel 3:
TOGETHER WITH a non-exclusive easement for the benefit of Parcel 1, as created by Reciprocal Easement Agreement recorded November 17, 1988 in Official Records Book 6878, Page 1659, Public Records of Pinellas County, Florida, for motor vehicle and pedestrian traffic over under and across the land described therein.
Exhibit B
Description of Other Property
Capitalized terms used herein but not defined herein shall have the meanings ascribed thereto in the Mortgage.
All right, title and interest of Borrower in and to:
(a) all structures, buildings and improvements of every kind and description now or at any time hereafter located or placed on the premises described in Exhibit A of the Mortgage (the “Premises”) (the “Improvements”);
(b) all furniture, furnishings, fixtures, goods, equipment, inventory or personal property owned by Borrower and now or hereafter located on, attached to or used in and 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 Premises 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);
(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 Premises 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 Premises 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 water, ditches, wells, reservoirs and drains and all water, ditch, well, reservoir and drainage rights which are appurtenant to, located on, under or above or used in connection with the Premises or the Improvements, or any part thereof, whether now existing or hereafter created or acquired;
(e) all minerals, crops, timber, trees, shrubs, flowers and landscaping features now or hereafter located on, under or above the Premises;
(f) all cash funds, deposit accounts and other rights and evidence of rights to cash, now or hereafter created or held by the Lender pursuant to the Mortgage or any other of the Loan Documents, including, without limitation, all funds now or hereafter on deposit in the Reserves;
(g) all leases, licenses, concessions and occupancy agreements of the Premises or the Improvements, whether written or oral, now or hereafter entered into and all rents, royalties, issues, profits, bonus money, revenue, income, rights and other benefits (collectively, the “Rents and Profits”) of the Premises or the Improvements, 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, 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 deposited to 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 2.7 of the Mortgage;
(h) all contracts and agreements now or hereafter entered into covering any part of the Premises or the Improvements (collectively, the “Contract”) 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 Premises or the Improvements (including plans, drawings, surveys, tests, reports, bonds and governmental approvals) or to the management or operation of any part of the Premises or the Improvements;
(i) all present and future monetary deposits given to any public or private utility with respect to utility services furnished to any part of the Premises or the Improvements;
(j) all present and future funds, accounts, instruments, accounts receivable, documents, causes of action, claims, general intangibles (including, without limitation, trademarks, trade names, service marks and symbols now or hereafter used in connection with any part of the Premises or the Improvements, all names by which the Premises 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 Premises or the
Improvements) and all notes or chattel paper now or hereafter arising from or by virtue of any transactions related to the Premises or the Improvements (collectively, the “General Intangibles”);
(k) all water taps, sewer taps, certificates of occupancy, permits, licenses, franchises, certificates, consents, approvals and other rights and privileges now or hereafter obtained in connection with the Premises 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 Premises or the Improvements;
(1) all building materials, supplies and equipment now or hereafter placed on the Premises or in the Improvements and all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Premises or the Improvements;
(m) all right, title and interest of Borrower in any insurance policies or binders now or hereafter relating to the Premises, including any unearned premiums thereon;
(n) 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;
(o) all proceeds of each of the foregoing; and
(p) all other or greater rights and interests of every nature in the Premises or the Improvements and in the possession or use thereof and income therefrom, whether now owned or hereafter acquired by Borrower.
All of the foregoing items (a) through (p), together with all of the right, title and interest of Borrower therein, are collectively referred to as the “Collateral”.
The Clerk shall sell the property all at public sale, to the highest and best bidder, for cash, except as set forth hereinafter, www.pinellas.realforeclose.com, beginning at 10:00 a.m. on March 22, 2013, after having first given notice as required by Section 45.031, Florida Statutes. 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 the Human Rights Office. 400 S. Ft. Harrison Ave., Ste. 500 Clearwater, FL 33756, (727) 464-4062(V/TDD) 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.
Dated February 20, 2013
By: Lavinia James Vaughn
Florida Bar No. 608335
E-mail: [email protected]
Hywel Leonard, Esq.
Florida Bar No. 296376
E-mail: [email protected]
CARLTON FIELDS, P.A.
Attorneys for Plaintiff
P. O. Box 3239
Tampa, Florida 33601
4221 West Boy Scout Blvd., Suite 1000
Tampa, Florida 33607-5780
Tel. (813) 223-7000
Fax (813) 229-4133
26266448.1
March 1, 8, 201313-02160