13-01279P

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CASE NO.: 51-2011-CA-06106-WS
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF LSTAR COMMERCIAL MORTGAGE TRUST 2011-1, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2011-1, etc.,
Plaintiff, vs.
CENTER PLAZA, LLC, a Florida limited liability company; PETER KOKOLIS, individually; and all parties claiming interest by, through, under or against any defendant named herein,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Summary Judgment of Foreclosure dated February 22, 2013, entered in Civil Case No. 51-2011-CA-06106-WS of the Circuit Court of the Sixth Judicial Circuit, in and for Pasco County, Florida, wherein WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF LSTAR COMMERCIAL MORTGAGE TRUST 2011-1, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2011-1, is the Plaintiff and CENTER PLAZA, LLC, a Florida limited liability company; and all parties claiming interest by, through, under or against any defendant named herein; are the Defendants.
The Pasco County Clerk of Court will sell to the highest bidder for cash, via online auction at www.pasco.realforeclose.com, in accordance with Chapters 702 and 45 of the Florida Statutes, beginning at the hour of 11 o'clock A.M., on Wednesday, April 17, 2013, the following described property, as set forth in said Summary Judgment of Foreclosure, to wit:
See attached
Exhibit “A” and Exhibit “B”
EXHIBIT A
(Real Property)
Tract “A”, GROVE PARK, as shown on the plat recorded in Plat Book 6, Page 137, Public Records of Pasco County, Florida.
and,
A portion of Section 18, Township 26 South, Range 16 East, Pasco County, Florida, being further described as follows:
Commence at the Southeast corner of Section 18, Township 26 South, Range 16 East, Pasco County, Florida; thence run South 89° 24' 23” West, a distance of 1,321.00 feet; thence run North 0° 21' 23” East, a distance of 611 feet for a POINT OF BEGINNING; thence North 68° 55' 44” West, a distance of 128.92 feet to the Easterly right of way line of U.S. Highway 19; thence run along said right of way line North 24° 03' 23” East, a distance of 300 feet; thence run South 0° 21' 23” West, a distance of 320.3 feet to the POINT OF BEGINNING; LESS AND EXCEPT additional road right of way acquired by Pasco County and the State of Florida in Law Case No. 1601 styled State Road Department of Florida and Pasco County, Petitioners vs Aimee Dingus, et al, Defendants.
EXHIBIT B
(together with the Real Property, the “Property”)
All of right, title and interest whether now owned or hereafter acquired in or to all in that certain real property located at 4106-4158 U.S. Highway 19, New Port Richey, Florida 34652, County of Pasco, State of Florida, (collectively, the “Property”):
TOGETHER WITH all interests which Center Plaza, LLC, a Florida limited liability company (“Borrower”) now has or may hereafter acquire in or to the Land and in and to: (a) all tenements hereditaments, licenses, easements, gores of land, streets, ways, alleys, passages, sewer rights, and rights of way appurtenant thereto; (b) all buildings, structures, improvements, fixtures, appliances, machinery, equipment, goods, and other articles of real or personal property of every kind and nature (other than consumable goods), whether or not physically attached or affixed to the Land and now or hereafter installed or placed thereon, and used in connection with any existing or future operation thereof (including, but not limited to, all apparatus and equipment used to provide or supply air-cooling, air-conditioning, heat, gas, water, light, power, laundry, garbage disposal, fire prevention and extinguishing equipment, elevators, antennas, pool equipment, window coverings, floor coverings, ranges, ovens, dishwashers, and water heaters), it being intended and agreed that such items be conclusively deemed to be affixed to and to be part of the Land that is conveyed hereby (all of the herein above described property called the “Improvements”); (c) all water, water courses and water rights (whether or not appurtenant) and shares of stock pertaining to such water or water rights, ownership of which affects the Land; (d) all shrubs, trees, crops, and plants; (e) all adjacent lands included in enclosures or occupied by buildings located partly on the Land, and (f) all claims, demands and causes of action of every kind (including proceeds of settlements of any such claim, demand, or cause of action of any kind and which are subject to Paragraph 9 below) which Borrower now has or may hereafter acquire arising out of acquisition or ownership of the Land, including insurance proceeds of any kind whatsoever (whether or not from insurance specifically required by the Loan Documents), and any award of damages or compensation for injury to or in connection with any condemnation for public use of the Land or any part thereof (whether or not eminent domain proceedings have been instituted), subject however to the right, power and authority given to and conferred upon Lender by Paragraph 9 below, incorporated herein by reference; (g) all plans and specifications prepared for construction of any Improvements, and all contracts and agreements of Borrower relating to such plans and specifications or to the construction of the Improvements, provided that nothing herein shall be deemed to be an assumption by Lender of any obligation of Borrower with respect to such plans and specifications or such construction or under any agreement relating thereto, nor shall Lender otherwise incur any liability with respect thereto unless and until Lender, in its sole and absolute discretion, shall hereafter expressly agree in writing; (h) all sales agreements, deposits, escrow agreements, and other documents and agreements entered into by Borrower with respect to the sale of all or any part of the Land or any interest therein; (i) all accounts, deposit accounts, instruments, chattel paper, documents, letters of credit, letter of credit rights, supporting obligations, permits, governmental approvals and entitlements, licenses, management contracts, and other contracts and agreements in which Borrower now has or may hereafter have an interest arising out of, or relating to, the acquisition, development, ownership, management or use of the Land (but without Lender assuming or incurring any obligation or liability of Borrower arising thereunder or relating thereto), and all general intangibles arising out of or relating to the acquisition, development, ownership, management or use of the Land, including all software and names by which the Improvements or other property associated therewith may at any time be known or operated and all rights to carry on business under such names or any variant thereof and all trademarks and goodwill in any way relating to the Improvements or such other property; (j) all additions, substitutions and proceeds (cash and noncash) of the foregoing.
ALSO TOGETHER WITH, if this Security Instrument encumbers a leasehold estate, all of the estate, right, title, and interest of Borrower, both at law and in equity, therein and thereto, and in and to any deposits of cash, securities or other property which may be held at any time and from time to time by the Landlord under the Lease, to secure the performance by Borrower of the covenants, conditions and agreements to be performed by Borrower thereunder, and any option to purchase the fee simple title to the Land, or any greater interest therein than Borrower now owns; and any and all other further or additional title, estate, interest or right which may at any time be acquired by Borrower in or to the Land, Borrower hereby agreeing that if Borrower shall, at any time prior to payment in full of all indebtedness secured hereby, acquire the fee simple title or any other or greater estate than Borrower now owns in the Land, then, and in that event, the lien of this Security Instrument shall automatically, and without the need for further action by any party hereto, attach, extend to, cover and be a lien upon such fee simple title or other greater estate, and Borrower will promptly execute, acknowledge and deliver such instruments as Lender may reasonably require to accomplish such result;
ALSO TOGETHER WITH all rights of Borrower, Borrower's bankruptcy trustee, and Borrower in the capacity of a debtor-in-possession to deal with the Lease or otherwise exercise any rights or remedies with respect thereto as provided in Paragraph 10 of the Mortgage;
ALSO TOGETHER WITH all profits, royalties, tolls, earnings, income and other benefits therefrom and installments of money payable pursuant to any agreement for sale of the Land or any part thereof or interest therein and any release, termination or “buy-out” consideration now or hereafter payable to Borrower with respect to any lease, rental, tenancy, occupancy or other agreement;
ALSO TOGETHER WITH all right, title, and interest of Borrower in and to any and all leases and rental, tenancy and occupancy agreements now or hereafter on or affecting the Land or the Improvements and all books and records pertaining thereto, together with all rents, issues, profits, security deposits, royalties, tolls, earnings, income and other benefits payable thereunder (collectively, “Rents and Profits”), subject however to the right, power and authority given to and conferred upon lender and Borrower by Paragraph 18 of the Mortgage. The immediately foregoing provision shall, to the extent permitted by applicable law, constitute an absolute, present and executed assignment of the Rents and Profits, subject, however, to the conditional license given to Borrower to collect, hold and use such Rents and Profits to the extent provided in Paragraph 18 of the Mortgage.
All other collateral described or, otherwise referenced in the Complaint filed herein.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THIS SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN SIXTY (60) DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER SIXTY (60) DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
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 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, 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. 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 transportation services.
Dated this 11 day of March, 2013.
By: Matthew T. Blackshear
Florida Bar No. 632694
Email: [email protected]
SHUTTS & BOWEN LLP
4301 W. Boy Scout Blvd., Suite 300
Tampa, Florida 33607
Telephone: (813) 227-8110
Attorneys for Plaintiff
March 15, 22, 2013 13-01279P

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