-
-
Loading
Loading
FIRST INSERTION
NOTICE OF SALE AS TO HOTEL (PARCEL I)
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 10-3661 CI
Division: 19
PNC BANK, N.A., as successor by merger to National City Bank, N.A., as successor by merger to National City Bank of The Midwest, N.A.,
Plaintiff, vs.
TARPON LAKESIDE DEVELOPMENT, INC., a Florida corporation; JOHN K. KRAUSE, a/k/a JACK K. KRAUSE, individually; MARIAN J. KRAUSE, individually; JOHN K. KRAUSE and MARIAN J. KRAUSE, as Trustees of the JOHN K. KRAUSE REVOCABLE TRUST u/t/a originally dated March 31, 1988, as restated effective July 25, 2003; CASA PRIMA APARTMENTS ASSOCIATION, INC., a Florida corporation; BEACH PLACE CONDOMINIUM ASSOCIATION, INC., a Florida corporation; SERENO CONDOMINIUM ASSOCIATION, INC., a Florida corporation; LAKE TARPON CONDO HOTEL HOMEOWNERS ASSOCIATION, INC., a Florida corporation; L & T BROTHERS, INC., a Florida corporation, d/b/a LOWES PAINTING; G.A.S. FIRE PROTECTION, INC., a Florida corporation; and CONSTRUCTIVE RESOURCES, INC., a Florida corporation, d/b/a AAA SOLAR SOURCE,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to the Partial Summary Judgment of Foreclosure and that February 26, 2013, Order Rescheduling Foreclosure Sale of Hotel entered in the above-styled cause, in the Circuit Court of Pinellas County, Florida, the Clerk of the Circuit Court, will sell the following property, situated in Pinellas County, Florida, and more particularly described as follows:
PARCEL I:
A portion of Lots 5 and 6 of Section 30, Township 27 South, Range 16 East, according to the map of TAMPA AND TARPON SPRINGS LAND COMPANY SUBDIVISION, as recorded in Plat Book 1, Page 116, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, being more particularly described as follows:
Commence at the Northwest corner of the NE 1/4 of Section 30, Township 27 South, Range 16 East; thence along the North line of said Section 30, N 89°56'09” E, for 100.00 feet to the East right of way line of U.S. Highway No. 19 (a 200 foot right of way); thence along the said East right of way line of U.S. Highway No. 19, S 00°53'27” E, for 15.00 feet to the Point of Beginning; thence S 89°59'48” E, for 400.00 feet; thence S 00°49'43” E, for 302.39 feet to the North line of LAKE TARPON VILLAS, A CONDOMINIUM, as recorded in Condominium Plat Book 117, Pages 96 through 100, of the Public Records of Pinellas County, Florida; thence along the North line of said LAKE TARPON VILLAS, A CONDOMINIUM, N 89°57'00” W, for 60.78 feet; thence along the Northwest line of said LAKE TARPON VILLAS, A CONDOMINIUM, S 42°08'02” W for 115.74 feet; thence along the West line of LAKE TARPON VILLAS, A CONDOMINIUM, S 00°53'27”, for 231.72 feet; thence along the North line of Cyprus Drive, as recorded on the plat of FIRST ADDITION TO MEADOW BROOK SUBDIVISION, Plat Book 30, Page 21, of the Public Records of Pinellas County, Florida, N 89°57'00” W, for 260.00 feet to the East line of said U.S. Highway No. 19 (a 200 foot right of way) as it is now established; thence along the Easterly right of way line of said U.S. Highway No. 19, N 00°52'27” W, for 619.71 feet to the Point of Beginning.
The above described land has been submitted to condominium ownership and is now described as all condominium units of LAKE TARPON CONDO HOTEL, a condominium, according to the Declaration of Condominium thereof recorded in Official Records Book 14778 Page 1175 of the Public Records of Pinellas County, Florida, together with their undivided interest of the common and limited common elements or appurtenances thereto, as described in said Declaration.
TOGETHER WITH all leases, revenues, rents and contracts arising therefrom, together with the personal property described as follows:
For the purposes of this exhibit, Mortgagor shall be referred to as “Debtor” and Mortagee shall be referred to as “Secured Party”.
All of the following described properties and interests, now owned or hereafter acquired by Debtor, and all accessories, attachments and additions thereto and all replacements or substitutes therefore and all products and proceeds thereof, and accessions thereto:
(1) Improvements. All buildings, structures, betterments, and other improvements of any nature now or hereafter situated in whole or in part upon the lands in Pinellas County, Florida, described on Exhibit “B” attached (the “Land”), regardless of whether physically affixed thereto or severed or capable of severance therefrom (the “Improvements”).
(2) Appurtenances. The benefit of all easements and other rights of any nature whatsoever appurtenant to the Land or the Improvements, or both, and all rights, sewer rights, and rights of ingress and egress to the Land, and all adjoining property, whether now existing or hereafter arising, together with the reversion or reversions, remainder or remainders, rents, issues, incomes and profits of any of the foregoing.
(3) Furnishings, Fixtures and Equipment. All of Debtor's interest in all furnishings, fixtures, equipment and tangible personal property of any nature whatsoever now or hereafter attached or affixed to the Land or the Improvements, or both. The foregoing includes: all heating, air conditioning, lighting, incinerating, and power equipment; all engines, compressors, pipes, pumps, tanks, motors, conduits, wiring and switchboards; all plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; all boilers; furnaces, oil burners, vacuum cleaning systems, elevators and escalators; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets and partitions; all rugs and carpets; all laundry equipment; all building materials; all furniture, furnishings, office equipment and office supplies; and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing (the “Fixtures”).
(4) Income. All rents, issues, incomes and profits in any manner arising from the Land, Improvements or Tangible Property, or any combination, including Debtor's interest in and to all sales agreements, leases, licenses, franchises and concessions of, or relating to, all or any portion of the Land, Improvements or Tangible Property, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations. The foregoing items are jointly and severally called the “Rents” in this instrument.
(5) Secondary Financing. All of Debtor's right, power or privilege to further encumber any of the property described in this paragraph for debt.
(6) Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property described in this paragraph into cash or other liquidated claims or that are otherwise payable for injury to, or the taking or requisitioning of, any such property, including all insurance and condemnation proceeds.
(7) Contracts of Sale, Deposits, Contract Rights and Accounts. All of Debtor'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 improvement, use, operation, sale, conversion or other disposition of any interest in the Land, Improvements, Tangible Property, or the Rents, or any combination, including without limitation any and all contracts (whether now existing or hereafter executed) for the sale of all or any portion of the Land and/or the Improvements, and also including any and all deposits, prepaid items, proceeds and payments due and to become due under any of the foregoing, together with any and all condominium documents, construction contracts, service contracts, advertising contracts, purchase orders and equipment leases, whether now existing or hereafter arising, in any way relating to the Land and/or the Improvements.
(8) Name. All right, title, and interest of Debtor in and to any and all trade names now or hereafter used in connection with the operation of the Land and Improvements, and all related marks, logos, and insignia.
(9) Other Intangibles. All of the right, title and interest of Debtor in, to and under any and all contract rights, accounts, instruments, and general intangibles, as such terms from time to time are defined in the Florida Uniform Commercial Code, in any manner related to the use, operation, sale, conversion, or other disposition (voluntary or involuntary) of the Land, Improvements, Tangible Property, or Rents, including all warranties, guaranties, permits, licenses, governmental approvals, insurance policies, rights of action, and other choses in action.
As used herein, the term “include” is for illustration purposes only and is always without limitation.
EXHIBIT “B”
LEGAL DESCRIPTION OF THE PROPERTY
A portion of Lots 5 and 6 of Section 30, Township 27 South, Range 16 East, according to the map of TAMPA AND TARPON SPRINGS LAND COMPANY SUBDIVISION, as recorded in Plat Book 1, Page 116, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, being more particularly described as follows:
Commence at the Northwest corner of the NE 1/4 of Section 30, Township 27 South, Range 16 East; thence along the North line of said Section 30, N 89°56'09” E, for 100.00 feet to the East right of way line of U.S. Highway No. 19 (A 200 foot right of way); thence along the said East right of way line of U.S. Highway No. 19, S 00°53'27” E, for 15.00 feet to the Point of Beginning; thence S 89°59'48” E, for 400.00 feet; thence S 00°49'43” E, for 302.39 feet to the North line of LAKE TARPON VILLAS, A CONDOMINIUM, as recorded in Condominium Plat Book 117, Page 96 through 100, of the Public Records of Pinellas County, Florida; thence along the North line of said TARPON LAKES VILLAS, A CONDOMINIUM, N 89°57'00” W, for 60.78 feet; thence along the Northwest line of said LAKE TARPON VILLAS, A CONDOMINIUM, S 00°53'27”, for 231.72 feet; thence along the North line of Cyprus Drive, as recorded on the plat of FIRST ADDITION TO MEADOW BROOK SUBDIVISION, Plat Book 30, Page 21, of the Public Records of Pinellas County, Florida, N 89°57'00” W, for 260.00 feet to the East line of said U.S. Highway No. 19 (a 200 foot right of way) as it is now established; thence along the Easterly right of way line of said U.S. Highway No. 19, N 00°52'27” W, for 819.71 feet to the Point of Beginning.
TOGETHER WITH the rights (expressly without an assumption of any liabilities to the extent permitted by law) of Tarpon Lakeside Development, Inc. as developer or declarant under the Florida Condominium Act and under the Declaration of Condominium of Lake Tarpon Condo Hotel (the “Declaration”), recorded in Official Records Book 14778, Page 1175 of the Public Records of Pinellas County, Florida.
The Clerk of Circuit Court will sell the property all at public sale, to the highest and best bidder, for cash, in an online sale at www.pinellas.realforeclose.com, beginning at 10:00 a.m., on April 18, 2013, in accordance with Chapter 45 Florida Statues.
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 on this 27th day of February, 2013.
Robert M. Quinn
Florida Bar No. 305898
Dana R. Blunt
Florida Bar No. 0751561
Carlton Fields, P.A.
P.O. Box 3239
Tampa, Florida 33601-3239
813.223.7000 - Telephone
813.229.4133 - Facsimile
[email protected] (primary)
[email protected] (primary)
[email protected]
(secondary)
[email protected]
(secondary)
[email protected] (secondary)
Attorneys for Plaintiff
26333007.1
March 8, 15, 201313-02398