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FIRST INSERTION
NOTICE OF SALE
Pursuant to Chapter 45
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT,
IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.: 11-006374 CI 21
GCCFC 2005-GG5 MCMULLEN BOOTH, LLC, a Florida Limited Liability Company,
Plaintiff, vs.
NORTHWOOD COMMONS, LLC, a Delaware limited liability company, ROBERT RAINS, an Individual, and BETTY RAINS, an Individual,
Defendants/ Third-Party Plaintiff, vs.
GCCFC 2005-GG5 MCMULLEN BOOTH, LLC, a Florida Limited Liability Company, U.S. BANK, NATIONAL ASSOCIATION, a national banking association, and COMMERCIAL MORTGAGE TRUST 2005-GG5,
Counter-Defendant/Third-Party
Defendants,
NOTICE IS HEREBY GIVEN, pursuant to the Uniform Final Judgment of Foreclosure dated February 18, 2014, entered in Case Number 11-006374 CI 21 of the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, wherein GCCFC 2005-GG5 MCMULLEN BOOTH, LLC, a Florida Limited Liability Company, is the Plaintiff, and NORTHWOOD COMMONS, LLC, a Delaware limited liability company, ROBERT RAINS, an individual, and BETTY RAINS, an individual, are the Defendants, that KEN BURKE, Clerk of the Circuit Court, Pinellas County, Florida, will sell to the highest bidder for cash, at www.pinellas.realforeclose.com, beginning at 10 a.m. on April 7, 2014, the following described property, together with all improvements, appurtenances and fixtures, as set forth in said Final Judgment of Foreclosure, to-wit:
MAIN PARCEL:
THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF LANDMARK DRIVE AND THE CENTERLINE OF COUNTY ROAD NO. 102; RUN THENCE SOUTH 89 DEGREES 30'48'' EAST 1332.86 FEET ALONG THE CENTERLINE OF AFORESAID COUNTY ROAD NO. 102 TO THE NORTHWEST CORNER OF THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF AFORESAID SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF STATE ROAD NO. 593 (MCMULLEN BOOTH ROAD) AND THE CENTERLINE OF AFORESAID COUNTY ROAD NO. 102; RUN THENCE SOUTH 00 DEGREES 03'41'' EAST, 33.00 FEET ALONG THE CENTERLINE OF STATE ROAD NO. 593 (MCMULLEN BOOTH ROAD); THENCE SOUTH 89 DEGREES 30'48'' EAST 240.00 FEET; THENCE SOUTH 00 DEGREES 03'41'' EAST 7.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 30'48'' EAST, 432.84 FEET (DEED), 432.71 FEET (FIELD) ALONG THE SOUTHERLY RIGHT OF WAY OF AFORESAID COUNTY ROAD NO. 102; THENCE SOUTH 00 DEGREES 09'13'' EAST 675.46 FEET ALONG THE WEST BOUNDARY OF NORTHWOOD EAST SUBDIVISION, AS RECORDED IN PLAT BOOK 80, PAGE 32, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 30'48'' WEST 56.69 FEET; THENCE NORTH 00 DEGREES 37'16'' EAST 190.62 FEET; THENCE NORTH 89 DEGREES 08'11'' WEST 62.44 FEET; THENCE SOUTH 01 DEGREE 12'15'' WEST 19.18 FEET; THENCE NORTH 89 DEGREES 33'28'' WEST 16.81 FEET; THENCE NORTH 00 DEGREES 38'05'' WEST 8.27 FEET; THENCE NORTH 89 DEGREES 36'30'' WEST 171.00 FEET; THENCE SOUTH 02 DEGREES 34'54'' WEST 7.66 FEET; THENCE NORTH 89 DEGREES 41'30'' WEST 16.34 FEET; THENCE SOUTH 00 DEGREES 01'57'' EAST 127.54 FEET; THENCE SOUTH 89 DEGREES 11'27'' WEST 60.28 FEET; THENCE SOUTH 01 DEGREE 30'16'' EAST 43.24 FEET; THENCE NORTH 89 DEGREES 30'48'' WEST 42.67 FEET; THENCE NORTH 00 DEGREES 03'41'' WEST 175.00 FEET; THENCE NORTH 89 DEGREES 30'48'' WEST 150.00 FEET TO A POINT ON THE EAST RIGHT OF WAY OF STATE ROAD NO. 593 (MCMULLEN BOOTH ROAD); THENCE NORTH 00 DEGREES 03'41'' WEST 357.45 FEET ALONG THE EAST RIGHT OF WAY OF STATE ROAD NO. 593 (MCMULLEN BOOTH ROAD); THENCE SOUTH 89 DEGREES 30'48'' EAST 75.00 FEET; THENCE NORTH 45 DEGREES 12'45'' EAST 91.48 FEET; THENCE NORTH 00 DEGREES 03'41'' WEST 78.00 FEET TO THE POINT OF BEGINNING.
RIGHT OF WAY PARCEL 1:
THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF LANDMARK DRIVE AND THE CENTERLINE OF COUNTY ROAD NO. 102; RUN THENCE SOUTH 89 DEGREES 30'48'' EAST 1332.86 FEET ALONG THE CENTERLINE OF AFORESAID COUNTY ROAD NO. 102 TO THE NORTHWEST CORNER OF THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF AFORESAID SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF STATE ROAD NO. 593 (MCMULLEN BOOTH ROAD) AND THE CENTERLINE OF AFORESAID COUNTY ROAD NO. 102; RUN THENCE SOUTH 00 DEGREES 03'41'' EAST 33.00 FEET ALONG THE CENTERLINE OF STATE ROAD NO. 593 (MCMULLEN BOOTH ROAD); THENCE SOUTH 89 DEGREES 30'48'' EAST 30.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 03'41'' EAST 682.45 FEET; THENCE SOUTH 89 DEGREES 30'48'' EAST 70.00 FEET; THENCE NORTH 00 DEGREES 03'41'' WEST 682.45 FEET; THENCE NORTH 89 DEGREES 30'48'' WEST, 70.00 FEET TO THE POINT OF BEGINNING (SAID LANDS BEING DESCRIBED IN THAT CERTAIN GRANT OF RIGHT OF WAY RECORDED IN OFFICIAL RECORDS BOOK 6420, PAGE 388 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA).
RIGHT OF WAY PARCEL 2:
THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF LANDMARK DRIVE AND THE CENTERLINE OF COUNTY ROAD NO. 102; RUN THENCE SOUTH 89 DEGREES 30'48'' EAST 1332.86 FEET ALONG THE CENTERLINE OF AFORESAID COUNTY ROAD NO. 102 TO THE NORTHWEST CORNER OF THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF AFORESAID SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF STATE ROAD NO. 593 (MCMULLEN BOOTH ROAD) AND THE CENTERLINE OF AFORESAID COUNTY ROAD NO. 102; RUN THENCE SOUTH 00 03'41'' EAST 33.00 FEET ALONG THE CENTERLINE OF STATE ROAD NO. 593 (MCMULLEN BOOTH ROAD); THENCE SOUTH 89 DEGREES 30'48'' EAST 100.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 03'41'' EAST 7.00 FEET; THENCE SOUTH 89 DEGREES 30'48'' EAST 572.84 FEET; THENCE NORTH 00 DEGREES 09'13'' WEST 7.00 FEET; THENCE NORTH 89 DEGREES 30'48'' WEST 572.69 FEET TO THE POINT OF BEGINNING (SAID LANDS BEING DESCRIBED IN THAT CERTAIN GRANT OF RIGHT OF WAY RECORDED IN OFFICIAL RECORDS BOOK 6477, PAGE 2090 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA).
EASEMENT PARCEL 1:
NONEXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, PARKING, DRAINAGE, WATER AND SEWER OVER PARCELS B AND C AS DESCRIBED IN AND SET FORTH IN DECLARATION OF EASEMENT AND RESTRICTIONS RECORDED IN OFFICIAL RECORDS BOOK 6089, PAGE 2169, AS AMENDED BY FIRST ADDENDUM TO DECLARATION OF EASEMENT AND RESTRICTIONS RECORDED IN OFFICIAL RECORDS BOOK 6245, PAGE 2275, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
EASEMENT PARCEL 2:
NONEXCLUSIVE EASEMENTS FOR ACCESS, PARKING, UTILITIES AND DRAINAGE AS SET FORTH IN PARAGRAPHS 2, 3 AND 4, RESPECTIVELY, OF THE DECLARATION OF EASEMENTS FOR ACCESS, PARKING, UTILITIES AND DRAINAGE RECORDED IN OFFICIAL RECORDS BOOK 6911, PAGE 1435, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
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 Clerk of the Court's disability coordinator at 400 S FORT HARRISON AVENUE, SUITE 300, CLEARWATER, FL 33756, 727-464-4062, 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.
Joshua D. Lerner
Florida Bar No. 455067
E-mail: jlerner@@rumberger.com
E-mail:
[email protected],
and [email protected]
RUMBERGER,
KIRK & CALDWELL, P.A.
Brickell Bayview Centre, Suite 3000
80 S.W. 8th Street
Miami, Florida 33130
Telephone: (305) 358-5577
Telecopier: (305) 371-7580
Attorneys for Plaintiff, U.S. Bank, N.A., and Greenwich Capital
Commercial Funding Corp.,
Commercial Mortgage Trust
2005-GG5, Commercial Mortgage Pass-Through Certificates,
Series 2005-GG5
6577164.1
March 7, 14, 2014 14-02087N