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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
Case No.: 10-17609-CI
PNC BANK, NATIONAL
ASSOCIATION,
Plaintiff, v.
EVERGREEN 114, LLC, a Florida limited liability company, DENNIS G. RUPPEL, an individual, ROGER B. BRODERICK, an individual, and
ENVIRONMENTAL
TECHNOLOGIES, INC., a Florida corporation,
Defendants,
NOTICE IS HEREBY GIVEN that pursuant to a Final Judgment of Foreclosure dated September 4, 2015, entered in Civil Action Number: 10-17609-CI in the Circuit Court of the Sixth Judicial Circuit, in and for Pinellas County, Florida, KEN BURKE, Clerk of the above-entitled Court, will sell to the highest and best bidder, or bidders, for cash, via the Internet: www.pinellas.realforeclose.com, at 10:00 a.m. on the 5th day of January, 2016, the real and personal property described as follows and as set forth in said Final Judgment of Foreclosure situate in Pinellas County, Florida:
Parcel 1:
Farm 13 in Northeast 1/4 less the West 1/2 thereof, in Section 18, Township 30 South, Range 16 East, according to the Plat of Pinellas Farms, as recorded in Plat Book 7, Pages 4 and 5, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part.
Less that part which lies within 30 feet of the South line of Northwest 1/4 OF THE NORTHEAST 1/4 of Section 18, Township 30 South, Range 16 East, Pinellas County, Florida.
Parcel 2:
Lot 1, less the South 175.00 feet, Lot 2, less the South 175.00 feet, Richey Subdivision, according to the Plat thereof as recorded in Plat Book 117, page 51, Public records of Pinellas County, Florida.
Parcels 1 and 2 now being described as Evergreen Subdivision, according to the Plat thereof, as recorded in Plat Book 136, Page 15, Public Records of Pinellas County, Florida.
Together with the following:
All of Debtor, Evergreen 114, LLC's right, title and interest in and to the following property (the “Property”) located upon or used in connection with the real property described above (the “Land”):
(a) the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the “Improvements”);
(b) all easements, rights of way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, 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 Borrower of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
(c) all furnishings, machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the “Personal Property”), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the “Uniform Commercial Code”), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;
(d) all leases and other agreements affecting the use, enjoyment or occupancy of the Land and the Improvements heretofore or hereafter entered into, whether before or after the filing by or against Borrower of any petition for relief under 11 U.S.C. § 101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”) (the “Leases”) and all right, title and interest of Borrower, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, revenues (including, but not limited to, any payments made by tenants under the Leases in connection with the termination of any Lease), issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements whether paid or accruing before or after the filing by or against Borrower of any petition for relief under the Bankruptcy Code (the “Rents”) and 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 Debt (as hereinafter defined); any and all lease guaranties, letters of credit and any other credit support (individually, a “Lease Guarantorr and collectively, the “Lease Guaranties” given by any guarantor in connection with any of the Leases (individually, a “Lease Guarantor” and collectively, the “Lease Guarantors”); all rights, powers, privileges, options and other benefits of Borrower as lessor under the Leases and beneficiary under all Lease Guaranties;
(e) all awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain (including but not limited to any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property;
(f) all proceeds and any unearned premiums on any insurance policies covering the Property, 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 Property;
(g) all refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction; all proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;
(h) the right, in the name and on behalf of Borrower, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Lender in the Property;
(i) all agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or respecting any business or activity conducted on the Land and any part thereof and all right, title and interest of Borrower therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Borrower thereunder;
(j) all tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property; and
(k) any and all other rights of Borrower in and to the items set forth in Subsections (a) through (j) above.
Initially capitalized terms used herein and not otherwise defined have the meanings assigned in the MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT, dated as of May 23, 2006 (the “Security Instrument”) by the Debtor 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 sixty (60) days after the sale.
If you are a person with a disability who needs an accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: Human Rights Office 400 S. Ft. Harrison Avenue Suie 500 Clearwater, FL 33756 Phone: 727.464.4062 V/TDD Or 711 for the hearing impaired
Contact should be initiated at least seven days before the scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven days.
Edward M. Fitzgerald, Esq.
Florida Bar No. 0010391
[email protected]
(secondary:
[email protected])
HOLLAND & KNIGHT LLP
200 S. Orange Avenue, Suite 2600
P. O. Box 1526 (Zip: 32802-1526)
Orlando, Florida 32801
Telephone: (407) 425-8500
Facsimile: (407) 244-5288
Attorneys for Plaintiff
PNC Bank, National Association
October 16, 23, 2015 15-09781N