14-04862N

FIRST INSERTION
RE-NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 13-010086-CI
GCCFC 2007-GG11 COMPLEX 701, LLC, a Florida limited liability company,
Plaintiff, vs.
SUNPOINTE PLACE HOLDINGS, LLC, a Florida limited liability company,
Defendant.
NOTICE IS HEREBY GIVEN that pursuant to a Final Judgment of Foreclosure entered on March 17, 2014 and the Order Cancelling and Rescheduling Foreclosure Sale Scheduled for April 28, 2014 entered on April 11, 2014 in Case No. 13-010086-CI of the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, in which GGCFC 2007-GG11 COMPLEX 701, LLC, a Florida limited liability company, is the Plaintiff and SUNPOINTE PLACE HOLDINGS, LLC, a Florida limited liability company is the Defendant the Clerk will sell to the highest and best bidder for cash on-line at www.pinellas.realforeclose.com at 10:00 a.m. on June 13, 2014 the following described real and personal property located in Pinellas County, Florida:
SEE EXHIBITS A AND B
ATTACHED HERETO
EXHIBIT A
REAL PROPERTY
LEGAL DESCRIPTION
Lot 1, SUN POINTE PLACE, according to the plat thereof recorded in Plat Book 95, page 53, of the public records of Pinellas County, Florida.
EXHIBIT B
PERSONAL PROPERTY
DESCRIPTION
DEBTOR: SUNPOINTE PLACE HOLDINGS, LLC, A Florida limited liability company
SECURED PARTY: GCCFC 2007-GG11 COMPLEX 701, LLC, a Florida limited liability company
All right, title, interest and estate of Debtor now owned, or hereafter acquired, in and to the following property, rights, interests and estates (the real property described in Exhibit A attached hereto (the “Premises”) and the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter located or erected thereon (the “Improvements”), and the property, rights, interests and estates hereinafter described are collectively referred to herein as the “Secured Property”):
(a) 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, all rights to as-extracted collateral produced from or allocated to the Premises including without limitation 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, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Debtor of, in and to the Premises and the Improvements and every part and parcel thereof, with the appurtenances thereto;
(b) all machinery, furniture, furnishings, equipment, computer software used exclusively for the Secured Property and hardware, fixtures (including, without limitation, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature, whether tangible or intangible, (including software embedded therein), whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter located upon the Premises and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Premises and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter located upon the Premises and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation, enjoyment and occupancy of the Premises and the Improvements (hereinafter all of the foregoing items in this subparagraph (b) collectively referred to as the “Equipment”), including any leases of any of the Equipment, any deposits existing at any time in connection with any of the Equipment, and the proceeds of any sale or transfer of the foregoing, and the right, title and interest of Debtor in and to any of the Equipment that may be subject to any “security interests” as defined in the Uniform Commercial Code, as in effect from time to time in the State where the Premises are located (the “Uniform Commercial Code”), superior in lien to the lien of the mortgage or other security instrument securing the Indebtedness (as defined below):
(c) all awards or payments, including interest thereon, that may heretofore and hereafter be made with respect to the Premises, Improvements or the Equipment, whether from the exercise of the right of eminent domain or condemnation (including, without limitation, any transfer made in lieu of or in anticipation of the exercise of said rights), or for a change of grade, or for any other injury to or decrease in the value of the Premises, Improvements or the Equipment;
(d) 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 and the Improvements, including any extensions, renewals, modifications or amendments thereof (collectively, the “Leases”) (the tenants, lessees, licensees, occupants or other users under the Leases are collectively hereinafter referred to as “tenants”) and all rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), income, fees, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits), accounts, cash, issues, profits, charges for services rendered, and other payment and consideration of whatever form or nature received by or paid to or for the account of or benefit of Debtor or its agents or employees from any and all sources arising from or attributable to the Premises and the Improvements (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 Indebtedness;
(e) all proceeds of and any unearned premiums on any insurance policies covering all or any portion of the Premises, Improvements or Equipment, 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 Premises, Improvements or Equipment;
(f) all accounts, escrows, impounds, reserves, documents, instruments, chattel paper (whether tangible or electronic), claims, deposits and general intangibles, as the foregoing terms are defined in the Uniform Commercial Code, all promissory notes, and all franchises, trade names, trademarks, copyrights, symbols, service marks, books, records, recorded data of any kind or nature (regardless of the medium), plans, specifications, schematics, designs, drawings, permits, consents, licenses (including liquor licenses, to the extent assignable), license agreements, operating contracts, contract rights (including, without limitation, 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 Premises, Improvements or Equipment) and all management, franchise, service, supply and maintenance contracts and agreements, and any other agreements, permits or contracts of any nature whatsoever now or hereafter obtained or entered into by or on behalf of Debtor with respect to the operation or ownership of the Premises, Improvements or Equipment; and all approvals, actions, refunds, rebates or reductions of real estate taxes and assessments (and any other governmental impositions related to the Premises, Improvements or Equipment) resulting as a result of tax certiorari or any applications or proceeding for reduction; and all causes of action that now or hereafter relate to, are derived from or are used in connection with the Premises, Improvements or Equipment, or the use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon (hereinafter all of the items referred to in this subparagraph (f) collectively referred to as the “Intangibles”);
(g) all letter of credit rights (whether or not the letter of credit is evidenced by a writing) Debtor now has or hereafter acquires relating to the Premises, Improvements, Equipment, Intangibles and other properties, rights, title and interests hereinabove described;
(h) all commercial tort claims Debtor now has or hereafter acquires relating to the Premises, Improvements, Equipment, Intangibles and other properties, rights, title and interests hereinabove described;
(i) any and all monies or funds now or hereafter deposited in or with respect to any impound, escrow or similar funds established pursuant to or held under any of the loan documents related to the Indebtedness, including but not limited to the escrows for taxes, insurance premiums; and
(j) all accounts and proceeds (cash or non-cash), products, offspring, rents and profits from any of the foregoing, including, without limitation, those from the conversion (whether voluntary or involuntary), sale, exchange, transfer, collection, loss, damage, disposition, substitution or replacement of any of the foregoing.
TOGETHER WITH any and all proceeds and products of any of the foregoing and any and all other security and collateral of any nature whatsoever owned or acquired by Debtor, to the extent covered by the Uniform Commercial Code, now or hereafter given for the repayment of the indebtedness and obligations of Debtor to Secured Party (the “Indebtedness”).
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 sixty (60) days after the sale.
KEN BURKE, CPA is the Clerk and Comptroller of the Court making the foregoing sale, Sixth Judicial Circuit, Pinellas County, Florida.
NOTICE TO PERSONS WITH DISABILITIES
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. Within two (2) working days of your receipt of this Notice of Sale, please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD). 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 disabled transportation service.
Dated: May 15, 2014
By: DAVID W. TRENCH, ESQ.
Florida Bar No. 202975
[email protected]
JESSICA C. SILVER, ESQ.
Florida Bar No. 0083809
[email protected]
[email protected]
Respectfully submitted,
BILZIN SUMBERG BAENA
PRICE & AXELROD LLP
Counsel for Plaintiff
1450 Brickell Avenue, 23rd Floor
Miami, FL 33131-3456
(305) 374-7580 Telephone
(305) 374-7593 Facsimile
MIAMI 4079598.2 72496/42894
May 23, 30, 2014 14-04862N

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