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NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 16006570CI
SYNOVUS BANK, a Georgia Bank,
Plaintiff, v.
CAIDAN ENTERPRISES, L.L.C., a Florida limited liability company; KEVIN T. MCINERNEY, an individual; CATHERINE M. MCINERNEY, an individual; STTS, INC., a Delaware corporation; JOHN DOE AS UNKNOWN TENANT; and ANY AND ALL OTHERS CLAIMING BY, THROUGH OR UNDER SAID DEFENDANTS,
Defendants.
TO: CATHERINE M. MCINERNEY and ANY AND ALL OTHERS CLAIMING BY, THROUGH OR UNDER SAID DEFENDANTS
(Addresses Unknown)
YOU ARE NOTIFIED that an action has been filed against you by Plaintiff, SYNOVUS BANK, a Georgia Bank, seeking foreclosure of the property described as:
Lots 21, 22, 23, and 24, MID COUNTY INDUSTRIAL CENTER, according to the plat thereof recorded in Plat Book 81, Pages 99, 100 and 101 of the public records of Pinellas County, Florida.
TOGETHER with all buildings, structures and other improvements now or hereafter located on, above or below the surface of the property hereinbefore described, or any part and parcel thereof; and
TOGETHER with all right, title and interest of Mortgagor in and to the materials, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on said property or under or above the same or any part or parcel thereof; and
TOGETHER with all and singular the tenements, hereditaments, easements, riparian and littoral rights, and appurtenances thereunto belonging or in any wise appertaining, whether now owned or hereafter acquired by Mortgagor; and including all rights of ingress and egress to and from adjoining property (whether such rights now exist or subsequently arise) together with the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title and interest, claim and demand whatsoever of Mortgagor of, in and to the same and of, in and to every part and parcel thereof; and
TOGETHER with all machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to said property and including all trade, domestic and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called “Equipment”), now or hereafter located in, upon or under said property or any part thereof and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by Mortgagor, including, but without limiting the generality of the foregoing, all heating, air-conditioning, freezing, lighting, laundry, incinerating and power equipment, engines, pipes, pumps, tanks, motors, conduits, switchboards, plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus, boilers, ranges, furnaces, oil burners or units thereof, appliances, air-cooling and air-conditioning apparatus, vacuum cleaning systems, elevators, escalators, shades, awnings screens, storm doors and windows, stoves, wall beds, refrigerators, attached cabinets, partitions, ducts and compressors, rugs and carpets, draperies, furniture and furnishings, together with all building materials and equipment nor or hereafter delivered to the property and intended to be installed therein, including but not limited to, lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, galls, doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment, together with all proceeds, additions and accessions thereto and replacements thereof (Mortgagor hereby agreeing with respect to all additions and replacements to execute and deliver from time to time such further instruments as may be requested by Mortgagee to confirm the conveyance, transfer and assignment of any of the foregoing); and
TOGETHER with all of the right, title and interest of the Mortgagor in and to any trade names, names of businesses, or fictitious names of any kind used in conjunction with the operation of the mortgaged premises, or of any business or endeavor located on the property described hereinbefore.
TOGETHER with all of the water, sanitary and storm sewer systems now or hereafter owned by the Mortgagor which are now or hereafter located by, over, and upon the property hereinbefore described, or any part or parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances; and
TOGETHER with all paving for streets, roads, walkways or entrance ways now or hereafter owned by Mortgagor and which are now or hereafter located on the property hereinbefore described or any part or parcel thereof; and
TOGETHER with Mortgagor's interest as lessor in and to all leases of the Premises, or any part thereof, heretofore made and entered into, and in all to all leases hereafter made and entered into by Mortgagor during the life of this Mortgage or any extension or renewal hereof, together with any and all guarantees thereof and including all present and future security deposits and advance rentals reserving to Mortgagor its equity or redemption rights therein provided, and hereby intending that in case of foreclosure sale, the lessor's interest in any such leases then in force shall, upon expiration of Mortgagor's right of redemption, pass to the purchaser at such sale as a part of the mortgaged premises; subject to the election by the purchaser to terminate or enforce any of such leases hereafter made; and
TOGETHER with any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of, the premises, to the extent of all amounts which may be secured by this Mortgage at the date of receipt of any such award or payment by Mortgagee and of the reasonable attorney's fees, costs and disbursements incurred by Mortgagee in connection with the collection of such award or payment; and
TOGETHER with all of the right, title and interest of the Mortgagor in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of this Mortgage, and all proceeds or sums payable for the loss of or damage to (a) any property encumbered hereby, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the premises.
and you are required to serve a copy of a written defense, if any, to Andrew J. McBride, Esq., Plaintiff's attorney, whose address is 150 Second Avenue North, 17th Floor, St. Petersburg, Florida 33701, within 30 days from the date of this Notice, and file the original with the Clerk of this 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.
AMERICANS WITH DISABILITIES ACT: 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. 500 Clearwater, FL 33756, (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. The court does not provide transportation and cannot accommodate such requests. Persons with disabilities needing transportation to court should contact their local public transportation providers for information regarding transportation services
DATED on NOV - 3, 2016.
Ken Burke, Clerk of Courts
Pinellas County, Florida
By: DEBORAH A. LUBIG
Deputy Clerk
Attorney for Plaintiff
Andrew J. McBride, Esq.
[email protected]
[email protected]
Adams and Reese LLP
150 Second Avenue North, Suite 1700
St. Petersburg, FL 33701
Telephone: (727) 502-8291
Facsimile: (727) 502-8991
44076933_1.docx
November 11, 18, 2016 16-07951N