20-01096N

AMENDED1 NOTICE OF SALE
PURSUANT TO CHAPTER 45
1Amended only to correct the date of the foreclosure sale.
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT IN
AND FOR PINELLAS COUNTY, FLORIDA
Case No.: 17-001912-CI
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, N.A., SUCCESSOR-BY-MERGER TO LASALLE BANK NATIONAL ASSOCIATION, FOR MORGAN STANLEY CAPITAL I INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-TOP25,
Plaintiff/Counter-Defendant, v.
KB PARKSIDE LLC, a Florida
limited liability company;
BOULDER VENTURE SOUTH, LLC, a Florida limited liability
company; ROBERT E. SCHMIDT, JR., an individual; KELLY C. SCHMIDT, an individual; and KJ HOLDINGS I, LLC, a Florida
limited liability company,
Defendants/Counter-Plaintiffs.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure, entered on February 20, 2020 in Case No. 17-001912-CI, in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, that Ken Burke, Clerk of the Circuit Court and Comptroller, will sell to the highest and best bidder for cash online at https://www.pinellas.realforeclose.com on March 18, 2020 at the hour of 10:00 a.m. EDT, the property described as follows:
See Exhibit A attached hereto.
EXHIBIT A
THE COLLATERAL
THE “REAL ESTATE”:
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 10, 11 AND 12, BLOCK 1, SHOPPES AT PARK PLACE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 130, PAGES 51 THROUGH 58, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
TOGETHER WITH:
THAT CERTAIN PARCEL OF LAND BOUNDED BY LOTS 2 AND 3, BLOCK 1 OF “SHOPPES AT PARK PLACE”, RECORDED IN PLAT BOOK 130, PAGE 51, PUBLIC RECORDS OF PINELLAS COUNTY, ON THE EAST, SOUTH AND WEST; AND THE SOUTH RIGHT OF WAY LINE OF PARK BOULEVARD (S.R. 694) ON THE NORTH; BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 30 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; RUN THENCE S.00°01'40”E., ALONG THE WEST LINE OF SAID SOUTHEAST 1/4, 50.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID PARK BOULEVARD; THENCE S.89°53'08”E., ALONG SAID SOUTH RIGHT OF WAY LINE, 20.00 FEET, SAID LINE BEING 50.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, FOR A POINT OF BEGINNING; THENCE CONTINUE S.89°53'08”E., ALONG SAID RIGHT OF WAY LINE, 74.70 FEET; THENCE S.86°13'59”E., ALONG SAID SOUTH RIGHT OF WAY LINE, 68.86 FEET TO THE BOUNDARY OF SAID LOT 3, BLOCK 1; THENCE S.00°01'23”E., ALONG SAID BOUNDARY OF LOT 3, BLOCK 1, 129.85 FEET; THENCE CONTINUE ALONG THE BOUNDARY OF SAID LOT 3, BLOCK 1, N.89°55'18”W., 143.40 FEET TO THE BOUNDARY OF SAID LOT 2, BLOCK 1; THENCE N.00°01'40”W., ALONG THE BOUNDARY OF SAID LOT 2, BLOCK 1, 134.32 FEET TO THE POINT OF BEGINNING.
BEING THE SAME PROPERTY DESCRIBED AS FOLLOWS:
PARCEL 1:
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, AND 12, BLOCK 1, SHOPPES AT PARK PLACE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 130, PAGES 51 THROUGH 58, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA:
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL RELEASED BY PARTIAL RELEASE OF MORTGAGE RECORDED IN OFFICIAL RECORDS BOOK 14292, PAGE 591, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA:
THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 30 SOUTH, RANGE 16 EAST, TOGETHER WITH A PORTION OF LOT 1, BLOCK 1 OF PINELLAS PARK MALL PARTIAL REPLAT AS RECORDED IN PLAT BOOK 79, PAGES 65, 66 AND 67, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 27; THENCE NORTH 00°02'59” WEST, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4, 1142.17 FEET; THENCE NORTH 89°39'34” EAST, 10.40 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°02'59” WEST, 100.78 FEET; THENCE NORTH 89°20'55” WEST, 21.80 FEET; THENCE NORTH 00°06'46” EAST, 17.20 FEET; THENCE NORTH 89°32'24” WEST, 56.12 FEET; THENCE NORTH 00°06'46” EAST, 15.71 FEET TO THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 694 SECTION 1506-250 (PARK BOULEVARD); THENCE SOUTH 89°53'14” EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, 67.46 FEET; THENCE CONTINUE ALONG SAID SOUTH RIGHT OF WAY LINE, NORTH 89°41'46” EAST, 19.96 FEET, TO THE WEST BOUNDARY OF THOSE LANDS CONVEYED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 10380, PAGE 608, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 00°02'59” EAST, ALONG SAID WEST BOUNDARY, 134.30 FEET; THENCE SOUTH 89°39'34” WEST, 9.60 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH EASEMENT RIGHTS PURSUANT TO OPERATION AND EASEMENT AGREEMENT BETWEEN TARGET CORPORATION AND KB PARKSIDE, LLC FOR THE SHOPPES AT PARK PLACE RECORDED IN OFFICIAL RECORDS BOOK 13986, PAGE 1129, AS MODIFIED BY PARTIAL RELEASE RECORDED IN OFFICIAL RECORDS BOOK 14375, PAGE 2287, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 2:
THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 30 SOUTH, RANGE 16 EAST, TOGETHER WITH A PORTION OF LOT 1, BLOCK 1 OF PINELLAS PARK MALL PARTIAL REPLAT AS RECORDED IN PLAT BOOK 79, PAGES 65, 66 AND 67, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 27; THENCE NORTH 00°02'59” WEST, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4, 1142.17 FEET; THENCE NORTH 89°39'34” EAST, 10.40 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°02'59” WEST, 100.78 FEET; THENCE NORTH 89°20'55” WEST, 21.80 FEET; THENCE NORTH 00°06'46” EAST, 17.20 FEET; THENCE NORTH 89°32'24” WEST, 56.12 FEET; THENCE NORTH 00°06'46” EAST, 15.71 FEET TO THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 694 SECTION 1506-250 (PARK BOULEVARD); THENCE SOUTH 89°53'14” EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, 67.46 FEET; THENCE CONTINUE ALONG SAID SOUTH RIGHT OF WAY LINE, NORTH 89°41'46” EAST, 19.96 FEET, TO THE WEST BOUNDARY OF THOSE LANDS CONVEYED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 10380, PAGE 608, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 00°02'59” EAST, ALONG SAID WEST BOUNDARY, 134.30 FEET; THENCE SOUTH 89°39'34” WEST, 9.60 FEET TO THE POINT OF BEGINNING.
PARCEL 3:
WEST 1/4 OF NORTHWEST 1/4 OF SOUTHWEST 1/4 OF SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 30 SOUTH, RANGE 16 EAST, LESS SOUTH 383 FEET AND LESS 20 FEET ON WEST SIDE AND LESS 50 FEET ON NORTH SIDE OF SAID LAND FOR PUBLIC STREET PURPOSES, PINELLAS COUNTY, FLORIDA; BEING FURTHER DESCRIBED AS FOLLOWS:
FROM THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 30 SOUTH, RANGE 16 EAST, RUN SOUTH 0°01'40” EAST, 50.00 FEET ALONG THE WEST BOUNDARY OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 27; THENCE SOUTH 89°53'08” EAST, 20.00 FEET ALONG A LINE 50.00 FEET SOUTHERLY OF AND PARALLEL TO THE NORTH BOUNDARY OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 27 FOR A POINT OF BEGINNING. THENCE CONTINUE SOUTH 89°53'08” EAST ALONG SAID PARALLEL LINE 143.41 FEET; THENCE SOUTH 0°01'23” EAST, 230.21 FEET; THENCE NORTH 89°55'18” WEST, 143.39 FEET TO A LINE 20.00 FEET EASTERLY OF AND PARALLEL TO THE WEST BOUNDARY OF THE SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 27; THENCE NORTH 0°01'40” WEST PARALLEL TO THE SAID WEST BOUNDARY, 230.30 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF FLORIDA, FOR THE USE AND BENEFIT OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AS SET OUT IN OFFICIAL RECORDS BOOK 4073, PAGE 1635, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
AND LESS:
FROM THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 30 SOUTH, RANGE 16 EAST, RUN SOUTH 0°01'40” EAST, 50.00 FEET ALONG THE WEST BOUNDARY OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 27; THENCE SOUTH 89°53'08” EAST, 20.00 FEET ALONG A LINE 50.00 FEET SOUTHERLY OF AND PARALLEL TO THE NORTH BOUNDARY OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 27; THENCE SOUTH 0°01'40” EAST, 230.30 FEET FOR A POINT OF BEGINNING OF THE PARCEL HEREAFTER DESCRIBED; THENCE SOUTH 89°55'18” EAST, 143.39 FEET TO A POINT; THENCE NORTH 0°01'23” WEST, 96.00 FEET TO A POINT; THENCE NORTH 89°55'18” WEST, 143 FEET MORE OR LESS, TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF 40TH STREET; THENCE SOUTH 0°01'40” EAST ALONG EASTERLY RIGHT OF WAY LINE OF 40TH STREET, 96.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
ALL OF DEBTOR'S INTEREST AS LESSOR IN AND TO ALL LEASES RELATING TO THE REAL ESTATE, AS MORE FULLY DESCRIBED HEREINABOVE, AND ALL OTHER LEASES, TENANCIES, RENTAL ARRANGEMENTS, SUBLEASES, AND GUARANTIES OF PERFORMANCE OR OBLIGATIONS OF ANY PARTY THEREUNDER (INCLUDING ANY LETTER OF CREDIT RIGHTS) RELATING TO SAID REAL ESTATE OR ANY PART THEREOF, HERETOFORE OR HEREAFTER MADE AND ENTERED INTO BY DEBTOR (INCLUDING ALL AMENDMENTS, EXTENSIONS, AND RENEWALS THEREOF) AND ALL RENTS, ISSUES, PROCEEDS (INCLUDING, BUT NOT LIMITED TO, ANY PROCEEDS DERIVED FROM THE REDEMPTION OF ANY LETTER OF CREDIT), PROFITS, INCOME, AND PAYMENTS, REGARDLESS OF TYPE OR SOURCE, ACCRUING OR TO ACCRUE OR DERIVED FROM, OR RELATING TO, THE REAL ESTATE (WHICH ARE PLEDGED PRIMARILY AND ON A PARITY WITH THE REAL ESTATE AND NOT SECONDARILY);
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 REAL ESTATE IMMEDIATELY UPON THE DELIVERY THEREOF TO THE REAL ESTATE, AND ALL 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 DEBTOR USED OR USEFUL IN THE OPERATION OF THE REAL ESTATE, BUILDINGS AND/OR IMPROVEMENT'S, OR OTHERWISE RELATED TO THE REAL ESTATE; 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;
ALL RIGHT TITLE AND INTEREST OF DEBTOR IN ALL SINGULAR THE TENEMENTS, HEREDITAMENTS, EASEMENTS, APPURTENANCES, PASSAGES, WATERS, WATER COURSES, RIPARIAN RIGHTS, DIRECT FLOW, DITCH, RESERVOIR, WELL AND OTHER WATER RIGHTS, WHETHER OR NOT ADJUDICATED, WHETHER TRIBUTARY OR NONTRIBUTARY AND WHETHER EVIDENCED BY DEED, WATER STOCK, PERMIT, OR OTHERWISE, SEWER RIGHTS, RIGHTS IN TRADE NAMES, LICENSES, PERMITS AND CONTRACTS, AND ALL OTHER RIGHTS, LIBERTIES AND PRIVILEGES OF ANY KIND OR CHARACTER IN ANYWAY NOW OR HEREAFTER APPERTAINING TO THE REAL ESTATE, INCLUDING BUT NOT LIMITED TO HOMESTEAD AND ANY OTHER CLAIM AT LAW OR IN EQUITY AS WELL AS ANY AFTER-ACQUIRED TITLE, FRANCHISE, OR LICENSE AND THE REVERSION AND REVERSIONS AND REMAINDER AND REMAINDERS THEREOF;
THE RIGHT OF DEBTOR IN AND TO THE NAME BY WHICH THE BUILDINGS AND ALL OTHER IMPROVEMENTS SITUATED ON THE REAL ESTATE ARE COMMONLY KNOWN AND THE RIGHT TO MANAGE AND OPERATE THE SAID BUILDINGS UNDER ANY SUCH NAME AND VARIANTS THEREOF;
ALL FUNDS NOW OR HEREAFTER HELD BY SECURED PARTY UNDER ANY PROPERTY RESERVE AGREEMENT (INCLUDING ANY PROCEEDS DERIVED FROM ANY LETTER OF CREDIT) OR ESCROW SECURITY AGREEMENT OR UNDER ANY OF THE TERMS OF THE SECURITY AGREEMENT PURSUANT TO WHICH THE FINANCING STATEMENT IS GIVEN OR UNDER ANY OF THE OTHER DOCUMENTS EVIDENCING OR SECURING THE TRANSACTION SECURED BY THE SECURITY AGREEMENT PURSUANT TO WHICH THE FINANCING STATEMENT IS GIVEN, INCLUDING, BUT NOT LIMITED TO, ANY LOAN AGREEMENT;
ALL OF DEBTOR'S PAYMENT INTANGIBLES, LEITER OF CREDIT RIGHTS, INTEREST RATE CAP AGREEMENTS, TENANT IN COMMON AGREEMENT RIGHTS, AND ANY OTHER CONTRACT RIGHTS OF BORROWER RELATED IN ANY MANNER TO THE OWNERSHIP, OPERATION, OR MANAGEMENT OF THE REAL ESTATE, OR THE BUILDINGS OR IMPROVEMENTS NOW OR HEREAFTER ERECTED OR PLACED ON THE SAID REAL ESTATE, AS WELL AS ANY AND ALL SUPPORTING OBLIGATIONS, AND ALL PROCEEDS, RENEWALS, REPLACEMENTS, AND SUBSTITUTIONS THEREFORE;
ALL FUNDS, ACCOUNTS AND PROCEEDS THEREOF IN ANY WAY RELATING TO THE REAL ESTATE WHETHER OR NOT SUCH FUNDS, ACCOUNTS OR PROCEED ARE HELD BY LENDER UNDER THE TERMS OF ANY OF THE OTHER DOCUMENTS EVIDENCING OR SECURING THE TRANSACTION SECURED BY THE SECURITY AGREEMENT PURSUANT TO WHICH THE FINANCING STATEMENT IS GIVEN, INCLUDING, BUT NOT LIMITED TO BANKRUPTCY CLAIMS OF DEBTOR AGAINST ANY TENANT RELATED IN ANY WAY TO THE REAL ESTATE AND ANY PROCEEDS THEREOF; PROCEEDS OF ANY RENTS; INSURANCE PROCEEDS FROM ALL INSURANCE POLICIES REQUIRED TO BE MAINTAINED UNDER ANY OF THE OTHER DOCUMENTS EVIDENCING OR SECURING THE TRANSACTION SECURED BY THE SECURITY AGREEMENT PURSUANT TO WHICH THE FINANCING STATEMENT IS GIVEN AND ALL AWARDS, DECREES, PROCEEDS, SETTLEMENTS OR CLAIMS FOR DAMAGE NOW OR HEREAFTER MADE TO OR FOR THE BENEFIT OF DEBTOR BY REASON OF ANY DAMAGE TO, DESTRUCTION OF OR TAKING OF ANY OF THE REAL ESTATE, BUILDINGS, AND/OR IMPROVEMENTS OR ANY PART THEREOF, WHETHER THE SAME SHALL BE MADE BY REASON OF THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN OR BY CONDEMNATION OR OTHERWISE;
ALL OF THE AFORESAID PROPERTY, RIGHTS, AND PROCEEDS (INCLUDING ANY PROCEEDS OF REAL PROPERTY WHICH MAY BECOME PERSONAL PROPERTY) OWNED BY DEBTOR AND PLACED BY IT ON THE REAL ESTATE OR USED IN CONNECTION WITH THE OPERATION OR MAINTENANCE OF THE REAL ESTATE, BUILDINGS OR IMPROVEMENTS WHICH DOES NOT CONSTITUTE A “FIXTURE” AS SUCH TERM IS DEFINED IN THE UNIFORM COMMERCIAL CODE; AND
ALL FIXTURES AND PROCEEDS THEREOF RELATED TO THE REAL ESTATE, BUILDINGS OR IMPROVEMENTS.
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. 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 February 25, 2020.
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, PC
200 South Orange Avenue, Suite 2900
Post Office Box 1549
Orlando, Florida 32802-1549
(Telephone) 407-422-6600
(Telecopier) 407-841-0325
Counsel for Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-
INTEREST TO BANK OF AMERICA, N.A., SUCCESSOR-BY-MERGER TO LASALLE BANK NATIONAL
ASSOCIATION, FOR MORGAN STANLEY CAPITAL I INC.,
COMMERCIAL MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2007-TOP25
By: /s/ Zachary J. Bancroft Zachary J. Bancroft
Florida Bar No. 0145068
[email protected]
[email protected]
[email protected]
ZJB 4845-5503-4550
2016798-000292
Feb. 28; Mar. 6, 2020 20-01096N

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