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FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No. 13-010081-CI
BRANCH BANKING AND TRUST COMPANY, a North Carolina
banking corporation,
Plaintiff, vs.
SHARES GROUP OF
PROPERTIES, LLC, a Florida limited liability company; GTE FEDERAL CREDIT UNION k/n/a GTE FINANCIAL, a federal credit union, SEAM PHOCK, an
individual; ALL NATIONS
COMMUNITY ASSOCIATION, INC., a Florida not-for-profit
corporation, JENNIFER A. CREA, an individual; J. CREA
ENTERPRISES, LLC, a Florida
limited liability company, d/b/a THE OFFICE BAR AND GRILL; JANE MCCANN-DOOLY, an individual, d/b/a DOOLY'S PUB; PHYLLIS MANN, INC., a Florida
corporation; BRANISHAY
BUTINA a/k/a BRANISLAV
BUTINA, a/k/a BZANISHAY BUTINA, an individual; M & G LLC, a Florida limited liability company; RESAD HALILOVIC, an individual; AZRA CRNALIC, an
individual; TOSCA ROOFING, INC., a Florida corporation; JOHN DOES 1 through 20, unknown parties in possession;
GHANSHYAM PATEL, an
individual; and BHITTI PATEL,
an individual
Defendants.
TO: RESAD HALILOVIC,
an individual
AZRA CRNALIC, an individual
SEAM PHOCK, an individual
YOU ARE NOTIFIED that an action has been filed by Plaintiff, BRANCH BANKING AND TRUST, a North Carolina banking corporation, seeking foreclosure of the following real and personal property located in Pinellas County, Florida:
Parcel 1
Lots 13, 14, 15 and 16, Block 4 of COLFAX CITY SUBDIVISION, according to the plat thereof as recorded in Plat Book 8, Page 15, of the public records of Pinellas County, Florida; TOGETHER WITH that portion of the North 20 feet of vacated 23rd Avenue North lying adjacent and Southerly to Lot 16, Block 4, COLFAX CITY SUBDIVISION.
Address: 2311 28th Street North, St. Petersburg, Florida 33713
Parcel ID No.:
11/31/16/17190/004/0130
Parcel 2
Tract 1, CARMICHAEL REPLAT, according to the plat thereof as recorded in Plat Book 45, Page 96, of the public records of Pinellas County, Florida.
Address: 6500 4th Street North, St. Petersburg, Florida 33702
Parcel ID No.:
31/30/17/13572/000/0010
(collectively, the “Property”).
Together with the following:
Land. Those certain tracts of land described above as Parcel 1 and Parcel 2, the record owner of which is Shares Group of Properties LLC, a Florida limited liability company (the “Debtor”) (together with all Appurtenances, the “Land”).
Improvements. To the extent of the Debtor's existing and future interests, all buildings and improvements of any kind erected or placed on the Land now or in the future, including the Fixtures, together with all existing and future appurtenant rights, privileges, easements, tenements, hereditaments, titles, reversions, remainders and other interests (collectively, the “Improvements”).
Leases. All leases, subleases, parking agreements, licenses, concessions, extensions, renewals and other agreements (whether written or oral, and whether presently effective or made in the future) through which the Debtor grants any possessory interest in and to, or any right to occupy or use, all or any part of the Property and related guaranties (collectively, the “Leases”).
Rents All rents, income, receipts, issues, proceeds and profits and other benefits paid or payable for using, leasing, licensing, possessing, operating from or in, residing in, selling, mining, extracting minerals from, or otherwise enjoying the Property, whether presently existing or arising in the future, to which the Debtor may now or hereafter become entitled or may demand or claim from the commencement of the Indebtedness through the time: of the satisfaction of all of the obligations under the Loan Documents (collectively, the “Rents”), including security deposits, amounts drawn under letters of credit securing tenant obligations, minimum rents, additional rents, parking revenues, deficiency rents, termination payments, space contraction payments, liquidated damages following default under a lease, premiums payable by tenants upon their exercise of cancellation privileges, proceeds from lease guarantees, proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by destruction or damage to the Property, all rights and claims of any kind which the Debtor has or may in the future have against the tenants under the Leases, lease guarantors, or any subtenants or other occupants of the Property, all proceeds of any sale of the, Property in violation of the Loan Documents (as defined in the Complaint), any future award granted the Debtor in any court proceeding involving any tenant in any bankruptcy, insolvency, or reorganization proceedings in any state or federal court, and any and all payments made by any tenant in lieu of rent.
Personal Property. All Account Collateral, Chattel Paper Collateral, Commercial Tort Claim Collateral, Deposit Account Collateral, Document Collateral, Equipment Collateral, Goods Collateral, General Intangible Collateral, Investment Property Collateral, Letter of Credit Collateral and Money Collateral and the accessions, additions, replacements, substitutions and Proceeds of any of the foregoing items of collateral (the “Personal Property”).
As utilized herein:
1. The term “UCC” means the Uniform Commercial Code as adopted in Florida from time to time in effect.
2. The following terms not otherwise expressly identified herein have the meanings set forth in Chapter 01-198 Laws of Florida: Account, Bank, Chattel Paper, Commercial Tort Claim, Deposit Account, Document, Equipment, Financing Statement, General Intangible, Instrument, Investment Property, Letter of Credit Right, and Proceeds.
3. The following terms have the meanings set forth below:
“Account Collateral” means all Accounts that arise from the operation, use or enjoyment of the Property.
“Appurtenances” means all rights, estates, titles, interests, privileges, easements, tenements, hereditaments, titles, royalties, reversions, remainders and other interests, whether presently held by the Debtor or acquired in the future that may be conveyed as interests in the Land under the laws of Florida, including the Easements and the Assigned Rights.
“Assigned Rights” means, to the extent assignable, all of the Debtor's rights, easements, privileges, tenements, hereditaments, contracts, claims, licenses or other interests that relate to the Property, whether presently existing or arising in the future. The Assigned Rights include all of the Debtor's rights in and to all of the following, to the extent that they benefit or otherwise relate to the Property:
A. any greater estate in the Property;
B. insurance policies required to be carried, including the right to negotiate claims to receive Insurance Proceeds and unearned insurance premiums;
C. Condemnation Proceeds;
D. Licenses, easements and other agreements permitting the use of sources of groundwater or water utilities, septic tank leach fields, railroad sidings, sewer lines, or means of ingress and egress;
E. drainage over other property;
F. air space above the Land;
G. mineral rights;
H. party walls;
I. vaults and their usage;
J. franchises;
K. Commercial Tort Claims that arise during each or any of the loan terms in respect of damages to the Property or to its operations, in respect of any impairment to the value of the Property, or in respect of the collection of any Rents;
L. construction contracts;
M. roof and equipment guarantees and warranties;
N. building and development licenses and permits;
O. tax credits or other governmental entitlements, credits or rights, whether or not vested;
P. licenses and application (whether or not yet approved or issued);
Q. rights under management and service contracts;
R. leases of Fixtures;
S. trade names, trademarks, trade styles, service marks, copyrights, and agreements with architects, environmental consults, property tax consultants, engineers, and any other third party contractors whose services benefit and the Property; and
T. the right to enter into any Secondary Financing.
“Chattel Paper Collateral” means all Chattel Paper arising from the sale or other disposition of all or party of the Property.
“Commercial Tort Claim Collateral” means all Commercial Tort Claims in respect of damages to the Property or to its operations, in respect of any impairment of the value of the Property, or in respect of the collection of any Accounts.
“Condemnation Proceeds” means all money or other property that has been, or is in the future, awarded or agreed to be paid or given in connection with any taking by eminent domain of all or any part of the Property (including a taking through the vacation of any street dedication or through a change of grade of such a street), either permanent or temporary, or in connection with any purchase in lieu of such a taking, or as a part of any related settlement.
“Deposit Account Collateral” means all the Deposit Accounts into which Rents are deposited at any time from the commencement of the loans through the satisfaction of all of the obligations.
“Document Collateral” means all Documents that evident title to all or any part of the Goods Collateral.
“Easements” means, to the extent of the Debtor's existing and future interests, the declarations, easements, covenants, and restrictions appurtenant to the Land.
“Equipment Collateral” means Equipment that relates to the Property and is used in teh operation of the Property as commercial real estate.
“Fixtures” means all materials, supplies, equipment, apparatus and other items now or hereafter attached to or installed in or on the Land and Improvements in a manner that causes them to become fixtures under the law of Florida, including all built-in or attached furniture or appliances, elevators, escalators, heating, ventilating and air conditioning system components, emergency electrical generators and related fuel storage or delivery systems, septic system components, storm windows/doors, electrical equipment, plumbing, water conditioning, lighting, cleaning, snow removal, lawn, landscaping, irrigation, security, incinerating, firefighting, sprinkler or other fire safety equipment, bridge cranes or other installed materials handling equipment, satellite dishes or other telecommunication equipment, built-in video conferencing equipment, sound systems or other audiovisual equipment, and cable television distribution systems. Fixtures do not include trade fixtures, office furniture and office equipment owned by tenants unaffiliated with the Debtor, provided such items may be detached and removed by the tenants without damage to the Property, other than incidental damage which the tenants are obligated to repair under the terms of their Leases. Fixtures expressly include HVAC, mechanical, security and similar systems of general utility for the operation of the Improvements as leasable commercial real property.
“General Intangible Collateral” means all General Intangibles that have arisen or that arise in the future in connection with the Debtor's ownership, operation or leasing of the Property, except for the Rents.
“Goods” shall have the definition assigned to it in the UCC; however, Goods expressly include all detached Fixtures, items of Personal Property that may become Fixtures, property management files, accounting books and records, reports of consultants relating to the Property, site plans, test borings, environmental or geological surveys, samples and test results, blueprints, construction and shop drawings, and plans and specifications.
“Goods Collateral” means all Goods that relate to the Property and are used in the operation of the Property as commercial real estate.
“Indebtedness” means all sums that are owed or become due pursuant to the terms of the Loan Documents or any other writing by or between the Debtor and the Secured Party, including scheduled principal payments, scheduled interest payments, default interest, late charges, prepayment premiums, accelerated or matured principal balances, advances, collection costs (including reasonable attorneys' fees), reasonable attorneys' fees and costs in enforcing any of the Loan Documents in any probate, bankruptcy or other proceeding, receivership costs and all other financial obligations of the Debtor incurred in connection with the loan transaction, except for sums that are owed or become due, or any particular person's liabilities or obligations, under any Loan Document that expressly states that it or such person's liabilities are unsecured by the Loan Documents.
“Instruments Collateral” means all Instruments received as Rents or purchased by the Debtor with Rents.
“Insurance Proceeds” means all (A) proceeds of all insurance now or hereafter carried by or payable to Debtor with respect to the Property, including with respect to interruption of rents or income derived from the Property, all unearned insurance premiums and all related claims or demands with respect to the Property, and (B) all Proceeds.
“Investment Property Collateral” means all the Investment Property purchased using Rents, or received in respect to Account Collateral.
“Letter of Credit” shall have the definition assigned to it in Section 675.103, Florida Statutes.
“Letter of Credit Collateral” means all Letters of Credit that relate to the use, operation or enjoyment of the Property, including those that secure the payment of any Accounts comprising Account Collateral or arising from the sale or other disposition of all or part of the Property.
“Letter of Credit Rights” shall have the definition assigned to it in the UCC, but expressly includes the right of a beneficiary to demand payment or performance under a Letter of Credit.
“Loan Documents” shall have the meaning set forth in the Complaint.
“Money Collateral” means all money received in respect of Rents.
“Secondary Financing” means all of the right, power or privilege of Debtor to further encumber any of the Property.
has been filed against you and you are required to serve a copy of a written defense, if any, to Tiffany A. DiIorio, Esquire, Plaintiff's attorney, whose address is 101 East Kennedy Blvd., Suite 4000, Tampa, Florida 33602, and whose email address is [email protected], within 30 days from the first date of publication of this Notice, and file the original with the Clerk of Court, either before service on Plaintiff's attorney or immediately thereafter, otherwise a default will be entered against you for the relief demanded in Plaintiff's Complaint.
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 this 14 day of MAR, 2014.
KEN BURKE
CLERK CIRCUIT COURT
315 Court Street Clearwater,
Pinellas County, FL 33756-5165
By: ELIZABETH
GONZALEZ-FLORES
DEPUTY CLERK
Tiffany A. DiIorio
Adams and Reese LLP
101 E. Kennedy Blvd.
Suite 4000
Tampa, Florida 33602
Telephone: (813) 402-2880
Facsimile: (813) 402-2887
Primary Email:
[email protected]
Attorneys for Branch Banking
and Trust Company
March 21, 28, 2014 14-02632N