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FIRST INSERTION
NOTICE OF JUDICIAL SALE
IN THE CIRCUIT COURT FOR
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS
COUNTY, FLORIDA
CASE NO.: 14-2078
U.S. BANK NATIONAL
ASSOCIATION, SUCCESSOR IN INTEREST TO BANK OF
AMERICA, NATIONAL
ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004 TOP 16, BY C-III ASSET
MANAGEMENT LLC, a Delaware limited liability company, in its capacity as special servicer pursuant to that certain Pooling and
Servicing Agreement dated
November 1, 2004,
Plaintiff, vs.
LEPEAK PROPERTIES, LLC, a Florida limited Liability Company, PATRICK LEPEAK and JUDY
ANN LEPEAK,
Defendants.
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA, CIVIL ACTION NO: 14-002078 CI, STYLED AS U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES, INC, COMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004 TOP 16, Plaintiff1 1Substituted Plaintiff, VFV Partners 32, LLC vs. LEPEAK PROPERTIES, LLC, a Florida limited liability company, PATRICK LEPEAK and JUDY ANN LEPEAK, Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a FINAL SUMMARY JUDGMENT OF FORECLOSURE entered on SEPTEMBER 23, 2014, in the above styled cause now pending in said court that KEN BURKE Clerk of the Circuit Court will sell to the highest and best bidder for cash the following described real and other property in Pinellas County, Florida, in accordance with section 45.031, Florida Statutes by public sale beginning at 10:00 a.m on the 7th day of November, 2014, at the foreclosure sale to be online at https://www.pinellas.realforeclose.com.
A DESCRIPTION OF REAL AND OTHER PROPERTY is as follows:
Lot 7, Clearwater Retail, according to the plat thereof recorded in Plat Book 124, pages 92 and 93, Public Records of Pinellas County, Florida. TOGETHER WITH THE FOLLOWING EASEMENT WHICH BENEFITS THE ABOVE DESCRIBED PROPERTY.
Those non-exclusive easements as created by and more fully described in that certain Declaration of Reciprocal Easements and Restrictions recorded in O.R. Book 9957, page 1937, as amended by First Amendment recorded in O.R. Book 10418, page 340, both of the Public Records of Pinellas County, Florida.
Together with all right, title and interest of debtor in any and all buildings and improvements of every kind and description now or hereafter erected or placed on the said real estate and all materials intended for construction, reconstruction, alteration and repairs of such buildings and improvements now or hereafter erected thereon, all of which materials shall be deemed to be included within the premises immediately upon the delivery thereof to the premises, and all fixtures now or hereafter owned by debtor and attached to or contained in and used in connection with the premises including but not limited to, machinery, motors, elevators, fittings, radiators, awnings, shades, screens, and all plumbing, heating, lighting, ventilating, refrigerating, incinerating, air conditioning and sprinkler equipment and fixtures and appurtenances thereto, and all items of furniture., furnishings, equipment and personal property owned by the debtor used or useful in the operation of the premises, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same are or shall be attached to said buildings or improvements in any manner, it being mutual agreed, intended and declared that all aforesaid property owned by debtor and placed by it on the real estate or used in connection with the operation or maintenance of the premises shall so far as permitted by law be deemed to form a part and parcel of the real estate and as to any of the property aforesaid which does not form a apart of parcel of the real estate and does not constitute a “fixture” as such term is defined in the uniform commercial code, said property is hereby deemed to be the security of this security agreement under the uniform commercial code for the purpose of creating hereby a security interest in such property which debtor hereby grants to the secured party.
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. Persons with a disability who need any accommodation in order to participate please call the Human Rights Office, 400 S. Ft. Harrison Avenue, Ste. 300 Clearwater, Fl 33756, (727) 464-4880, within two working days of your receipt of this notice; if you are hearing impaired call 711. This court does not provide transportation and cannot accommodate for this service. Persons with disabilities needing transportation to court should call their local public transportation for information regarding transportation services.
Dated September 30, 2014 at St. Petersburg, Florida
Attorneys for Substituted Plaintiff:
Michael P. Woodbury, Esq.
Margaret Brenan Correoso
Woodbury & Santiago, P.A.
9100 South Dadeland Boulevard, Suite 1702
Miami, Florida 33156
Phone 305- 670-9580
Fax 305- 670-2170
Michael.woodbury
@woodbury-santiago.com
October 3, 10, 2014 14-09632N