11-05433

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No. 09-7226-CI
Division “11”
FIFTH THIRD BANK,
Plaintiff, vs.
clay ave. realty corp.; joseph w. schmidt, jr; coconut grove property owners association, inc., and harborside family medicine, p.l.,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Uniform Final Judgment of Foreclosure entered in the above-styled action August 12, 2011, the property described in the attached Exhibit “A” will be sold by the clerk of this court at public sale, at 10:00 a.m. on September 7, 2011, to the highest bidder or bidders, for cash, in an online sale at www.pinellas.realforeclose.com.
EXHIBIT A
(Legal Description)
A Parcel of Land lying in Section 35, township 27 South, Range 15 East, being Lot 5 of proposed COCONUT GROVE EXECUTIVE PARK, Pinellas County, Florida, being more particularly described as follows:
COMMENCE at the Southwesterly most corner of Lots 19 and 20, CRYSTAL BEACH ESTATES UNIT II according to the plat thereof as recorded in Plat Book 100, Page 51, of the Public Records of Pinellas County, Florida; thence run North 89 degrees 32' 28” West, 101.04 feet to the POINT OF BEGINNING; thence continue North 89 degrees 32' 28” West, 38.2 feet; thence South 01 degrees 14' 59” East, 218.57 feet to the Northerly right-of-way line of Alternate Highway 19; thence North 63 degrees 31' 37” West, 230.21 feet; thence leaving said line North 26 degrees 11' 55” East, 156.28 feet; thence North 88 degrees 49' 02” East, 169.96 feet; thence South 01 degrees 10' 58” East, 28.15 feet to the POINT OF BEGINNING.
TOGETHER WITH:
Any and all timber, stumpage, minerals, topsoil, merchantable sod, muck, peat, humus, sand and common clay;
All buildings, structures, and other improvements of any nature situated in whole or in part upon the Land now or at any time during the terms of this Mortgage, regardless of whether physically affixed or now or hereafter severed or capable of severance from the Land (the “Improvements”);
All easements, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, tenements, hereditaments and appurtenances, in any way belonging, relating, or pertaining to the Land, now or at any time during the term of this Mortgage, together with all reversions, remainders, rents, issues, and profits;
All Mortgagor's right, title and interest in and to all fixtures, machinery, equipment, tools, construction materials, equipment, and supplies, and tangible personal property, together with all replacements, repairs, and substitutions attached to the Land of the Improvements, or situated on or about the Land of the Improvements, now or at any time during the term of this Mortgage, whether physically affixed, severed or capable of severance, from the Land or Improvements, or that is in any way related to any present or future business operation or use of the Land or the Improvements (the “Tangible Property”);
All rents, issues, incomes and profits arising from the Land, the Improvements, or the Tangible Property, whether existing now or at any time during the term of this Mortgage, including all security deposits, amendments, modifications, replacements, extensions, renewals, or consolidations (the “Rents”);
All Mortgagor's right, title, and interest in all contracts, franchise agreements, licenses, service and maintenance agreements, other agreements, equipment leases, and all warranties and guaranties related to the improvement, use, management, operation, sale, or other disposition (voluntary or involuntary) of the Land, the Improvements, the Tangible Property, or the Rents, including all deposits, prepaid items, and payments due or to become due under any of the contracts, and all Mortgagors rights as developer or owner (the “Contract Rights”);
All Mortgagor's right, title, and interest in accounts, instruments, and general intangibles (as that term is defined in the Florida Uniform Commercial Code) related to the construction, use, management, operation, sale or other disposition (voluntary or involuntary) of the Land, the Improvements, the Tangible Property, of the Rents, including, without limitation, all trademarks, tradenames, symbols, logos, and logo art, all permits, licenses, governmental approvals or consents, insurance policies, right of action, and other chooses in action (the “Intangible Property”); and
All proceeds of the conversion, (voluntary or involuntary), of any of the Mortgaged Property into cash or other liquidated claims, and all proceeds that are payable to Mortgagor for injury or loss to, or the taking conversion, requisitioning or destruction of, any of the Mortgaged Property, including all insurance and condemnation proceeds.
Property Address: 2122 Alt 19, Palm Harbor, FL 34683
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 with the Clerk within 60 days after the sale.
If you are a person with disabilities 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 Office of the Court Administrator, (727) 464-7000 within two (2) working days of your receipt of this notice. If you are hearing impaired call (800) 955-8771 or if you are voice impaired, call (800) 955-8770.
DATED on August 15, 2011
VICTORIA D. CRITCHLOW
Florida Bar No. 882127
GLENN RASMUSSEN FOGARTY & HOOKER, P.A.
P.O. Box 3333
Tampa, Florida 33601
(813) 229-3333
(813) 229-5946 (fax)
Attorneys for Plaintiff
August 19, 26, 2011 11-05433