14-01978P

FIRST INSERTION
NOTICE OF JUDICIAL SALE
BY THE CLERK
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CASE NO.: 51 2013 CA - 1461 WS
U.S. BANK NATIONAL
ASSOCIATION, SUCCESSOR IN INTEREST TO BANK OF
AMERICA, NATIONAL
ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE
BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE
REGISTERED HOLDERS
OF BEAR STEARNS
COMMERCIAL MORTGAGE
SECURITIES II INC.,
COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-PWR10
Plaintiff, vs.
EMBASSY RETAIL, LLC, a
Delaware limited liability company,
Defendant.
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA, CIVIL ACTION NO: 2013 CA - 1461 WS; U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES II INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-PWR10, PLAINTIFF AND EMBASSY RETAIL, LLC DEFENDANT
NOTICE IS HEREBY GIVEN that pursuant to an Final Judgment entered in the above styled cause now pending in said court that I will sell to the highest and best bidder for cash the following described real and other property in Pasco County, Florida, in accordance with section 45.031, Florida Statutes by electronic sale beginning at 11:00 a.m on May 8, 2014 at www.pasco.realforeclose.com.
DESCRIPTION of real and other property attached hereto as Exhibit A
Exhibit A
The land referred to herein below is situated in the county of Pasco, State of Florida, and is described as follows:
Parcel 1
A tract of land land lying in the northeast quarter of section 21, township 25 south, range 16 east, Pasco County, Florida, more particularly described as follows:
Commence at the southeast corner of the southwest ¼ of the northeast ¼ of section 21, township 25 south, range 16 east, Pasco County, Florida; thence along the north boundary line of tract “D” as contained in embassy hills unit 1, shown on plat recorded in plat book 11, page 86, 87 and 88, of the public records of Pasco County, Florida; South 89° 49 '51” east, a distance of 29.06 feet to the northeast line of said tract “D”; thence along the east boundary line of said tract “D”, the following courses and distances; south 00° 20' 09” West, 85.14 feet; North 89° 17' 31” West, 14.95 feet; South 00° 16' 59” West 377.52 Feet to the South Boundary line of said Tract “D”, said south boundary line also being the north right-of-way line of Embassy Boulevard; Thence along the south boundary line of said Tract “D”, North 89° 44' 06” West, a distance of 274.87 feet; thence north 00° 17' 17” east, a distance of 300.01 feet; thence north 89° 44' 33” West, a distance of 455.01 feet to the point of beginning of the land hereafter described; thence south 00° 10' 26” east, a distance of 299.97 feet to the south boundary line of said tract “D”, said south boundary line also being the North right-of-way line of embassy boulevard; thence along the south boundary line, north 89° 37' 25” west, a distance of 49.95 feet; thence north 00° 09' 57” West, a distance of 462.52 feet to the north boundary line of said tract “D”; thence along the north boundary line, North 89° 42' 44” west, a distance of 250.12 feet to the east boundary line of the donasa parcel as described in official records book 1072, page 519 and 525, of the public records of Pasco County, Florida; thence along the east boundary line of said donasa parcel, North 00° 10' 03” West, a distance of 278.22 feet to the northeast corner of said donasa parcel; thence north 89° 42' 35” west, a distance of 426.07 feet to a point on the easterly right-of-way line of state road #55; thence along said easterly right-of-way line North 28° 41' 02” east, a distance of 1153.24 feet to a line 20.00 feet south of and parallel with the south boundary line of said trailer haven as shown on the plat recorded in plat book 5, page 76 of the public records of Pasco County, Florida; thence along said line 20.00 feet south of and parallel with the south boundary line of said trailer haven and the easterly extension thereof, south 89° 39' 04” east, a distance of 899.13 feet to the east boundary line of the southwest ¼ of the northeast ¼ of said section 21; thence along the east boundary line of the southwest ¼ of the northeast ¼ of said section 21, south 00° 24' 34” west, a distance of 42.65 feet; thence along the east boundary line of the southwest ¼ of the northeast ¼ of said section 21, south 00° 23' 01” west, a distance of 573.90 feet; thence leaving said EAST boundary line, South 29° 49' 00” West, a distance of 195.43 feet; thence south 35° 15' 30” West; a distance of 285.00 feet; thence south 48° 15' 30” West, a distance of 275.00 Feet; thence north 89° 44' 33” west, a distance of 28.43 feet; thence south 28° 40' 59” west, a distance of 130.76 feet; thence north 89° 44' 35” West, a distance of 163.46 feet to a point on the east boundary of a 50.00 foot drainage easement as recorded in official records book 1096, page 330; thence along said east boundary, south 00° 10' 26” east, a distance of 135.00 feet to the point of the beginning.
PARCEL 2
An easement for the purposes of installation, construction, operatio, use, maintenance, repair and replacement of a relation facility as described in and provided for in an instrument entitled “Declaration of Easement”, recorded October 10, 1985, In official Records Book 1450, Page 393, of the Public Records of Pasco County, Florida, under, above and across the following described land:
Commence at the southeast corner of the southwest ¼ of the northeast ¼ of Section 21, Township 25 South, range 16 East, Pasco County, Florida, For a point of commencement; thence run along the North Boundary line of Tract “D” as contained in Embassy Hills Unit 1, Shown on plat recorded in plat book 11, pages 86, 87, and 88 of the public records of Pasco County, Florida; south 89° 49' 50.7” east, a distance of 29.06 feet to the northeast line of said tract “D”, thence along the east boundary line of said tract “D”, the following courses and distances; South 00° 20' 08.7” west, a distance of 85.137 feet; north 89° 17' 30.7” west, a distance of 14.945 feet; south 00° 16' 59” west, a distance of 377.522 feet to the south boundary line of said tract “D”; thence along the south boundary line of said tract “D”; thence along the south boundary line of said tract “D”, North 89° 44' 05.6” west, a distance of 274.865 feet; thence north 00° 17' 17.3” East, a distance of 300.01 feet; thence north 89° 44' 32.7” west, a distance of 455.008 feet; thence run north 00° 10' 25.6” East, a distance of 30.00 feet to the point of beginning of the easement hereafter described; thence continue north 00° 10' 25.6” East, a distance of 105.00 feet; thence run south 89° 44' 33” east, a distance of 163.46 feet; thence run north 28° 40' 59” east, a distance of 130.76 feet, thence run south 89° 44' 33” East, a distance of 28.43 feet; thence run north 48° 15' 30” East, a distance of 100.00 feet; thence run south 00° 10' 25.6 west, a distance of 286.91 feet; thence run north 89° 44' 32.7” west, a distance of 328.72 feet to the point of beginning.
PARCEL 3
An easement for traffic pole as provided for in an instrument entitled “Retention Basin Agreement” as disclosed by that certain acknowledgement and agreement recorded on February 15, 2002, in official records book 4861, page 1724, of the public records of Pasco County, Florida, affecting the FOLLOWING described land:
A portion of Tract-D Embassy Hills Unit One, As shown on the plat recorded in plat book 11, pages 86, 87, and 88 of the Public Records of Pasco County, Florida, Being more particularly described as follows:
Commence at the Northwest Corner of Tract-B, Embassy Hills Unit One, as shown on that plat recorded in plat book 11, pages 86, 87 and 88 of the public records of Pasco County, Florida, for a point of reference; thence along the southerly right-of-way line of embassy boulevard as shown on said plat of embassy hills unit one, also being the northerly boundary of said Tract-B south 89? 44' 30” east, for 352.00 feet; thence perpendicular to said southerly right-of-way line of embassy boulevard, North 00° 15' 30” east, for 100.00 feet to a point on the northerly right-of-way line of embassy boulevard, also being the southerly boundary line of said tract-D and the point of beginning; thence continue north 00° 15' 30” east, for 10.00 feet; thence south 89° 44' 30” east, for 10.00 feet; thence south 00° 15' 30” west, for 10.00 feet to a point on the northerly right-of-way line of embassy boulevard, also being the southerly boundary line of tract-D; thence along said northerly right-of-way line of embassy boulevard, also being the southerly boundary line of said tract-D, North 89° 44' 30” west, for 10.00 feet to THE point of beginning.
All of Debtor's estate, right, title and interest in, to and under the following described property whether now owned or herinafter acquired by Debtor (collectively, the “Property”):
(a) Land. The real property described in Exhibit A attached hereto and made a part hereof (the “Land”);
(b) Additional Land. All additional lands, estates and development rights hereafter acquired by Debtor for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise by expressly made subject to the lien of that certain mortgage, deed of trust, deed to secure debt or similar instrument executed by Debtor in connection herewith (the “Security Instrument”);
(c ) Improvements. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the “Improvements”);
(d) Easements. All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversions and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, rights of dower, rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Debtor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
(e) Equipment. All “equipment” as such term is defined in Article 9 of the Uniform Commercial Code (as hereinafter defined), now owned or hereafter acquired by Debtor, which is used at or in connection with the Improvements or the Land or is located theron or therein (including, but not limited to, all machinery, equipment, furnishings, and electronic data-processing and other office equipment now owned or hereafter acquired by Debtor and any and all additions, substitutions and replacements of any of the foregoing), together with all attachments, components, parts, equipment and accessories installed thereon or affixed thereto (collectively, the “Equipment”). Notwithstanding the foregoing, Equipment shall not include any property belonging to tenants under leases except to the extent that Debtor shall have any right or interest therein;
(f) Fixtures. All Equipment now owned, or the ownership of which is hereafter acquired, by Debtor which is so related to the Land and Improvements forming part of the Property that it is deemed fixtures or real property under the law of the particular state in which the Equipment is located, including, without limitation, all building or construction materials intended for construction, reconstruction, alteration or repair of or installation on the Property, construction equipment, appliances, machinery, plant equipment, fittings, apparatuses, fixtures and other items now or hereafter attached to, installed in or used in connection with (temporarily or permanently) any of the Improvements or the Land, including but not limited to engines, devices for the operation of pumps, pipes, plumbing, call and sprinkler systems, fire extinguishing apparatuses and equipment, heating, ventilating, incinerating, electrical, air conditioning and air cooling equipment and systems, gas and electric machinery appurtenances and equipment, pollution control equipment, security systems, disposals, dishwashers, refrigerators and ranges, recreational equipment and facilities of all kinds, and water, gas, electrical, storm and sanitary sewer facilities, utility lines and equipment (whether owned individually or jointly with others, and, if owned jointly, to the extent of Debtor's interest therein) and all other utilities whether or not situated in easements, all water tanks, water supply, water power sites, fuel stations, fuel tanks, fuel supply, and all other structures, together with all accessions, appurtenances, additions, replacements, betterments and substitutions for any of the foregoing and the proceeds thereof (collectively, the “Fixtures”). Notwithstanding the foregoing, “Fixtures” shall not include any property which tenants are entitled to remove pursuant to leases except to the extent that Debtor shall have any rights or interest therein;
(g) Personal Property. All furniture, furnishings, objects of art, machinery, goods, tools, supplies, appliances, general intangibles, contract rights, accounts, accounts receivable, franchises, licenses, certificates and permits, and all other personal property of any kind or character whatsoever as defined in and subject to the provisions of the Uniform Commercial Code, whether tangible or intangible, other than Fixtures, which are now or hereafter owned by Debtor and which are located within or about the Land and the Improvements, together with all accessories, replacements and substitutions thereto or therefor and the proceeds thereof (collectively, the “Personal Property”), and the right, title and interest of Debtor in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the “Uniform Commercial Code”), superior in lien to the lien of the Security Instruments and all proceeds and products of the above;
(h) Leases and Rents. All leases, subleases or subsubleases, lettings, licenses, concessions or other agreements (whether written or oral) pursuant to which any Person is granted possessory interest in, or right to use or occupy all or any portion of the Land and the Improvements, and every modification, amendment or other agreement relating to such leases, subleases, subsubleases, or other agreements entered into in connection with such leases, subleases, subsubleases, or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into (collectively, the “Leases”), whether before or after the filing by or against Debtor of any petition for relief under the Bankruptcy Code and all right, title and interest of Debtor, its successors and assigns therein and thereuder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, revenues, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements whether paid or accruing before or after the filing by or against Debtor of any petition for relief under the Bankruptcy Code (collectively, the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;
(i) Condemnation Awards. All awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain (Including, but not limited to, any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property;
(j) Insurance Proceeds. All proceeds in respect of the Property under any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property;
(k) Tax Certiorari. All refunds, rebates or credits in connection with reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;
(l) Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;
(m) Rights. The right, in the name and on behalf of Debtor, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Secured Party in the Property;
(n) Agreements. All agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or any business or activity conducted on the Land and any part thereof and all right, title and interest of Debtor therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Debtor thereunder;
(o) Trademarks. All tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property;
(p) Accounts. All reserves, escrows and deposit accounts maintained by Debtor with respect to the Property and all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property held therein from time to time and all proceeds, products, distributions or dividends or substitutions theron and thereof;
[and]
(q) Other Rights. Any and all other rights of Debtor in and to the items set forth in Subsections (a) through (p) above.
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 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.
Attorney:
Michael P. Woodbury, Esq.
Margaret Brenan Correoso, Esq.
Woodbury, Santiago & Correoso, P.A.
9100 South Dadeland Boulevard, Suite 1702
Miami, Florida 33156
April 4, 11, 2014 14-01978P

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