13-01025P

FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CASE NO.: 51-2013-CA-0423WS
DIVISION: J6
GTE FEDERAL CREDIT UNION, a federally chartered credit union d/b/a GTE FINANCIAL,
Plaintiff, v.
SAHASH HOSPITALITY, LLC, a Florida limited liability company, et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Uniform Final Judgment of Foreclosure entered in Case No. 51-2013-CA-000423 WS of the Circuit Court for Pasco County, Florida, I will sell to the highest and best bidder for cash, online at www.pasco.realforeclose.com, on the 3rd day of APRIL, 2013, at 11:00 a.m. the following described property as set forth in said Uniform Final Judgment of Foreclosure:
See attached Exhibit A
EXHIBIT “A”
The real and personal property involved in this suit comprises (a) the real property located in Pasco County, Florida described as follows (the “Land”):
The North 1/2 of Lots 32, 33 and 34, Block 201, City of New Port Richey, Florida, according to the map or plat thereof, as recorded in Plat Book 2, Page(s) 27, of the Public Records of Pasco County, Florida less and except right-of-way for U.S. Highway 19 as it is now constructed.
together with all buildings and improvements now or hereafter erected thereon (“Improvements” and, collectively with the Land, the “Real Property”), and (b) the personal property (including without limitation, the rents, incomes, issues, profits, revenues, royalties, rights and benefits arising out of the Real Property) described in that certain Mortgage dated June 15, 2006 (the “Mortgage”), recorded June 16, 2006 in Official Records Book 7040, Page 1528 of the Public Records of Pasco County, Florida (the “Records”), as assumed and modified by Mortgage Assumption and Modification Agreement with Release recorded October 20, 2006 in Official Records Book 7233, Page 1170 of the Records, and further modified by Mortgage Modification Agreement recorded January 15, 2010 in Official Records Book 8252, Page 265 of the Records, the Assignment of Rents recorded June 16, 2006 in Official Records Book 7040, Page 1542 of the Records, the Assignment of Contract Rights dated June 15, 2006, the UCC-1 Financing Statement recorded in Official Records Book 7040, Page 1542 of the Records and filed on July 3, 2006 as Document No. 200603082686 with the Florida Secured Transaction Registry, the Amended and Restated Security Agreement dated October 19 2006, and the Tri-Party Agreement dated December 11, 2008, now or hereafter existing in connection with or affecting the Real Property and the personal property of SAHASH HOSPITALITY, LLC (“Borrower” or “Debtor”) located in or upon, pertaining to, or used or useful in connection with, any part of the Land or the buildings and improvements now or hereafter erected thereon, or the business conducted thereon or therefrom, more particularly described as follows:
a. Appurtenances. All easements, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all tenements, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Borrower, and the reversion and reversions, remainder and remainders, rents, issues, profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of the Borrower in and to the same.
b. Tangible Property. All of Borrower's right, title, and interest in and to all fixtures, equipment, furniture, furnishings, and tangible personal property of any nature whatsoever that is now or hereafter (i) attached or affixed to the Land or the Improvements, or both, or (ii) situated upon or about the Land or the Improvements, or both, regardless of whether physically affixed or severed or capable of severance from the Land or Improvements, or (iii) regardless of where situated, provided same is used or intended to be used in connection with any present or future use or operation of or upon the Land, or (iv) severed from the Land or Improvements, or both. The items of property encumbered by this subsection are individually and collectively called the “Tangible Property”.
c. Rents. All rents, issues, incomes and profits in any manner arising from the Land, Improvements, or Tangible Property, or any combination, and to which Borrower is entitled, including Borrower's interest in and to all leases, licenses, franchises, and concessions of, or relating to, the possession, use, occupancy, or temporary lodging or accommodations to hotel guests, of all or any portion of the Land, Improvements, or Tangible Property, whether now existing or hereafter made, including any and all amendments, modifications, replacements, substitutions, extensions, renewals, or consolidations now or hereafter made, but reserving to Borrower the right to collect, retain, and otherwise have the use and benefit of all such rents, issues, incomes, and profits unless and until a default occurs herein. The items of property encumbered by this subsection are individually and collectively called the “Rents”.
d. Contract Rights. All of Borrower's right, title, and interest in and to any and all contracts, written or oral, express or implied, now existing or hereafter entered into or arising, in any manner related to the improvements, the construction of the improvements, use, operation, lease, sale, conversion, or other disposition (voluntary or involuntary) of the Land, Improvements, Tangible Property, the Rents, or any interest therein, or any combination, including any or all deposits, prepaid items, and payments due and to become due thereunder, and further including hotel licenses and/or franchise agreements and related agreements, licensor or franchisor, construction contracts, service contracts, purchase contracts, hotel reservation and rental contracts for temporary occupancy and or accommodations to hotel guests, repurchase agreements, management agreements, marketing agreements, labor agreements, advertising contracts, purchase orders, occupancy leases and equipment leases; but reserving to Borrower the use and benefit of all such contracts, deposits, prepaid items, payments, and proceeds until a default occurs herein. Lender will not be bound by any obligation of Borrower under, or with respect to, any contract rights listed herein unless, and only to the extent, Lender elects to assume such liability in writing.
e. Other Intangibles. All of Borrower's right, title and interest in and to any and all other contract rights, accounts, instruments, and general intangibles, as such terms from time to time are defined in the Uniform Commercial Code as adopted in Florida, in any manner related to the use, construction, operation, lease, sale, conversion, or other disposition (voluntary or involuntary) of the Land, Improvements, Tangible Property, or Rents, or any interest therein, including all permits, licenses, insurance policies, rights of action, and other choses in action; but reserving to Borrower the use and benefit of all such items until a default occurs herein. Lender will not be bound by any obligation of Borrower under, or with respect to, any intangibles listed herein unless, and only to the extent, Lender elects to assume such liability in writing.
f. Accounts. All accounts and accounts receivable, relating to the Real Property, including, but not limited to, revenue derived from the rental of the Improvements and any other revenue collected by Borrower relating to the Real Property. In the event Borrower files a petition in bankruptcy, this security interest shall continue to be a lien on all accounts and accounts receivable accrued, acquired or collected with respect to the Real Property after the filing of said petition in bankruptcy.
g. Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property from time to time encumbered by the Mortgage into cash or other liquidated claims, or that are otherwise payable for injury or loss to, or the taking, conversion, requisitioning or destruction of, any and all such property, including all insurance and condemnation proceeds as provided in the Mortgage.
h. All of the personal property of Borrower, tangible and intangible, wherever located, and now owned or hereafter acquired including: accounts, deposit accounts, chattel paper, inventory, equipment, instruments, investment property, insurance proceeds, documents, letter of credit rights, general intangibles (including payment intangibles), and supporting obligations and, to the extent not listed above as original collateral, proceeds and products of the foregoing.
i. The EconoLodge Franchise Agreement dated December 26, 2007, as amended, between Borrower and Choice Hotels International, Inc.
Property Address: 6826 U.S. 19, New Port Richey, Florida 34652
**ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (60) DAYS AFTER THE SALE. **
In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact the individual or agency sending this notice no later than seven (7) days prior to the proceeding. If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
NATHAN A. CARNEY
Florida Bar No. 0487491
[email protected]
TRENAM, KEMKER, SCHARF, BARKIN, FRYE, O'NEILL
& MULLIS, P.A.
101 East Kennedy Boulevard,
Suite 2700
Tampa, Florida 33602
Telephone: (813) 223-7474
Fax: (813) 229-6553
Attorneys for Plaintiff
March 8, 15, 2013 13-01025P

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