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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PINELLAS COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO. 12-015401-CI
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-PWR14,
Plaintiff, vs.
P.P.S. CENTER, LLC, a Florida limited liability company; and all parties claiming by, through, under or against the defendants named herein,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Summary Judgment of Foreclosure (as to Counts II, III and IV only) dated May 20, 2014, entered in Civil Case No. 12-015401-CI of the Circuit Court of the Sixth Judicial Circuit, in and for Pinellas County, Florida, wherein U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-PWR14, is the Plaintiff and P.P.S. CENTER, LLC, a Florida limited liability company; and all parties claiming by, through, under or against the defendants named herein; are the Defendants.
The Pinellas County Clerk of Court will sell to the highest bidder for cash, via online auction at https://www.pinellas.realforeclose.com, in accordance with Chapters 702 and 45 of the Florida Statutes, beginning at the hour of 10 o'clock A.M., on Tuesday, July 15, 2014, the following described property, as set forth in said Summary Judgment of Foreclosure, to wit:
See attached
Exhibit “A” and Exhibit “B”
EXHIBIT A
A portion of Farms 22, 27 and 28 of PINELLAS FARMS subdivision of Section 16, Township 30 South, Range 16 East, as recorded in Plat Book 7, Pages 4 and 5 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, in the Northwest 1/4 of said Section 16, Pinellas County, Florida, being further described as follows:
From the center of said Section 16, Township 30 South, Range 16 East, run N 00°16'57”E 40.00 feet to the Northerly right of way line of 110th Avenue North for a Point of Beginning; thence S 89°49'42”W, 588.28 feet along the Northerly right of way line of 110th Avenue North to the Easterly boundary of PINELLAS PARK SQUARE SUBDIVISION, as recorded in Plat Book 101, Page 94, Public Records of Pinellas County, Florida; thence along the boundary of said PINELLAS PARK SQUARE SUBDIVISION for the following three (3) courses: 1) N 00°10'18” W, 303.60 feet; 2) S 89°49'42” W, 44.94 feet; 3) S 58°03'32” W, 274.68 feet to the Northeasterly right of way line of US Highway 19 North (a 200 foot right of way); thence N 31°56'28” W along said Northeasterly right of way line a distance of 603.85 feet; thence N 58°03'32” E, 330.79 feet; thence S 89°56'51” E, 250.41 feet to the East line of Farm 22; thence S 00°14'09” W, 224.88 feet along the East line of Farm 22 to the Southeast corner of Farm 22, being also the Northwest corner of Farm 28; thence N 89°54'08” E, 531.43 feet along the North line of Farm 28; thence S 00°16'00” W, 102.92 feet; thence S 89°49'28” E, 128.02 feet to the North/South center line of Section 16; thence S 00°16'57” W along said North/South center line a distance of 515.46 feet to the Point of Beginning.
EXHIBIT B
All of the property, rights, interests and estates owned as of the date of the Mortgage, or thereafter acquired by the Borrower P.P.S. Center, LLC, a Florida limited liability company (collectively as used in this Exhibit B, the “Property”):
A. That real property (“Land”) located in Clearwater, county of Pinellas, state of Florida, and more particularly described on Exhibit A attached hereto;
B. All appurtenances, easements, rights of way, water and water rights, pumps, pipes, flumes and ditches and ditch rights, water stock, ditch and/or reservoir stock or interests, royalties, development rights and credits, air rights, minerals, oil rights, and gas rights, now or later used or useful in connection with, appurtenant to or related to the Land;
C. All buildings, structures, facilities, other improvements and fixtures now or hereafter located on the Land;
D. All apparatus, equipment, machinery and appliances and all accessions thereto and renewals and replacements thereof and substitutions therefor used in the operation or occupancy of the Land, it being intended by the parties that all such items shall be conclusively considered to be a part of the Land;
E. All land lying in the right-of-way of any street, road, avenue, alley or right-of-way opened, proposed or vacated, and all sidewalks, strips and gores of land adjacent to or used in connection with the Land;
F. All additions and accretions to the property described above;
G. All licenses, authorizations, certificates, variances, consents, approvals and other permits now or hereafter pertaining to the Land and all estate, right, title and interest of Mortgagor in, to, under or derived from all tradenames or business names relating to the Land or the present or future development, construction, operation or use of the Land;
H. All proceeds of any of the foregoing; and
I. All other collateral described in the Complaint.
Capitalized terms used above in this Exhibit B without definition have the meanings given them in the Loan Documents as defined in the Complaint.
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.
Dated this 24th day of June, 2014.
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
June 27; July 4, 2014 14-06174N