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FIRST INSERTION
AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 13-1307 CI
DIVISION: 20
JPMCC 2006-LDP9 Office 1700, LLC, acting by and through
CWCapital Asset Management LLC, solely in its capacity as Special Servicer,
Plaintiff, vs.
Tyrone Crossings Investors III, LLC, a Florida limited liability company; and Lester M Porter, individually,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to the Uniform Final Judgment of Foreclosure entered on or about April 17, 2014, and the Order Cancelling and Rescheduling Foreclosure Sale entered on May 20, 2014, in the above-styled cause in the Circuit Court of Pinellas, Florida, the Clerk of the Circuit Court for Pinellas County, Florida, 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
Exhibit “1”
Real Property Description
Lot 4, Block A, CROSSWINDS MALL FIRST PARTIAL REPLAT, according to plat thereof recorded in Plat Book 70, Page 36, of the Public Records of Pinellas County, Florida.
Together With:
All rights and interests as set forth in that certain Reciprocal Easement Agreement recorded in Official Records Book 15332, Page 1421, et seq., terminated and replaced by that certain Declaration of Restrictions, Covenants and Conditions and Grant of Easement recorded in Official Records Book 16415, Page 1380, et seq., as amended in Official Records Book 17422, Page 747, et seq., all of the Public Records of Pinellas County, Florida.
LESS AND EXCEPT FROM THE FOREGOING DESCRIBED PARCELS OF LAND THE FOLLOWING:
That certain part of Lot 4, Block A, CROSSWINDS MALL FIRST PARTIAL REPLAT, according to plat thereof recorded in Plat Book 10, Page 36, of the Public Records, of Pinellas County, Florida, being more particularly described as follows:
Begin at the Southwest corner of said Lot 4, Block A; thence N.00°08'30”E., along the West line of said Lot 4, Block A, 17.65 feet; thence leaving said West line, East, 232.49 feet; thence N.00°08'30”E., 31.11 feet; thence S.89°51'30”E., 328.79 feet; thence S.00°08'30”W., 49.33 feet to the South line of said Lot 4, Block A; thence N.89°51'30”W., along said south line, 561.27 feet to the POINT Of BEGINNING.
and
Exhibit “B” -
Description of Other Property
Exhibit “2”
Description of Other Property
All right, title, interest and estate 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 to the Mortgage (the “Premises”) (the “Improvements”);
(b) all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, rights to oil, gas, minerals, coal and other substances of any kind or character, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and the Improvements; and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road, highway, alley or avenue, opened, vacated or proposed, in front of or adjoining the Premises, to the center line thereof; and all the estates, rights, titles, interests, dower and rights of dower, courtesy and rights of courtesy. property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Premises and the Improvements and every part and parcel thereof, with the appurtenances thereto;
(c) all machinery, furniture, furnishings, equipment, computer software and hardware, fixtures (including all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), inventory, materials, supplies and other articles of personal property and accessions thereof, renewals and replacements thereof and substitutions therefor, and other property of every kind and nature, tangible or intangible, owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Premises or the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Premises and the Improvements (hereinafter collectively referred to as the “Equipment”), including any leases of, deposits in connection with, and proceeds of any sale or transfer of any of the foregoing, and the right, title and interest of Borrower in and to any of the Equipment that may be subject to any “security interest” as defined in the Uniform Commercial Code, as in effect in the state where the Property is located (the “UCC”), superior in lien to the lien of the Mortgage;
(d) all awards or payments, including interest thereon, that may heretofore or hereafter be made with respect to the Premises or the Improvements, whether from the exercise of the right of eminent domain or condemnation (including any transfer made in lieu of or in anticipation of, the exercise of such right), or for a change of grade, or for any other injury to or decrease in the value of the Premises or Improvements;
(e) all leases and other agreements or arrangements heretofore or hereafter entered into affecting the use, enjoyment or occupancy of, or the conduct of any activity upon or in, the Premises or the Improvements, including any extensions, renewals, modifications or amendments thereof (hereinafter collectively referred to as the “Leases”) and all rents, rent equivalents, moneys payable as damages (including payments by reason of the rejection of a Lease in a Bankruptcy Proceeding) or in lieu of rent or rent equivalents, royalties (including all oil and gas or other mineral royalties and bonuses), income, fees, receivables, receipts, revenues, deposits (including security, utility and other deposits), accounts, cash, issues, profits, charges for services rendered, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Borrower or its agents or employees from any and all sources arising from or attributable to the Premises and/or the Improvements, including all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of the Premises or the Improvements, or rendering of services by Borrower or any of its agents or employees, and proceeds, if any, from business interruption or other loss of income insurance (hereinafter collectively referred to as the “Rents”), together with 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 Loan;
(f) all proceeds of and any unearned premiums on any insurance policies covering the Property, including the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property;
(g) the right in the name and on behalf of Borrower, 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 Beneficiary (as defined in the Mortgage) in the Property;
(h) all accounts (including reserve accounts), escrows. documents, instruments, chattel paper, claims, deposits and general intangibles, as the foregoing terms are defined in the UCC, and all franchises, trade names, trademarks, symbols, service marks, books, records, plans, specifications, designs, drawings, surveys, title insurance policies, permits, consents, licenses, management agreements, contract rights (including any contract with any architect or engineer or with any other provider of goods or services for or in connection with any construction, repair or other work upon the Property), approvals, actions, refunds of real estate taxes and assessments (and any other governmental impositions related to the Property) and causes of action that now or hereafter relate to, are derived from or are used in connection with the Property or the use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon (hereinafter collectively referred to as the “Intangibles”; and
(i) all proceeds, products, offspring, rents and profits from any of the foregoing, including those from sale, exchange, transfer, collection, loss, damage, disposition, substitution or replacement of any of the foregoing.
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 August 15, 2014, 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. 300, 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 or voice impaired, call 711.”
Dated May 21, 2014.
By: Lavinia James Vaughn
Florida Bar No. 608335
E-mail: [email protected]
CARLTON FIELDS
JORDEN BURT, 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
29581665.3
July 11, 18, 2014 14-06574N