11-05546

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No. 08-016697-CI-021
FIFTH THIRD BANK,
Plaintiff, vs.
ROBEL BAYVIEW, LLC; DANIEL P DENNEHY; TERRI B.
DENNEHY; PATRICK J.
SHEPPARD; HOWARD L.
HOWELL; CHRISTINE
BORCHERS; AND JOSEPH H. BORCHERS,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Uniform Final Judgment of Foreclosure entered in the above-styled action August 11, 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 26, 2011, to the highest bidder or bidders, for cash, in an online sale at www.pinellas.realforeclose.com.
Exhibit A
Parcel 1: Lots 2, 3; the East 3 feet of Lot 4, Block A, lying North of Sunset Point Road; Lot 5, Block A, lying North of Sunset Point Road; Lots 6, 7 together with the West 15 feet of Lot 8, Block A, Sunset Point Subdivision, according to the map or plat thereof as recorded in Plat Book 4, Page(s) 56, Public Records of Pinellas County, Florida.
TOGETHER WITH the South 5 feet of vacated alley, vacated by Ordinance No. 7650-06 recorded in O.R. Book 15267, Page 679, Public Records of Pinellas County, Florida.
LESS AND EXCEPT
1. Road right of way for Sunset Point Road, also known as County Road 154.
2. That portion of the described property taken by the Department of Transportation pursuant to Final Judgment and Order of Taking recorded in O.R. Book 5398, Page 2128, O.R. Book 5396, Page 2132, O.R. Book 5167, Page 904, O.R. Book 5239, Page 770, O.R. Book 5242, Page 607, Public Records of Pinellas County, Florida.
Parcel 2: Lots 1 and 2, and the West 34 feet of Lot 3, Sunnydale Subdivision, according to the map or plat thereof as recorded in Plat Book 31, Page(s) 12, Public Records of Pinellas County, Florida, less and except the Westerly 17.08 feet of Lot 1, more particularly described as follows: Beginning at the Northwest corner of Lot 1, thence run East along the Northern boundary thereof a distance of 17.08 feet, thence Southwesterly and parallel to the Westerly boundary of said lot to the intersection with its South boundary at a point which is 17.08 feet distant from the Southwest corner of said lot, thence West along the South boundary of said lot a distance of 17.08 feet to the Southwest corner of said lot, and thence Northeasterly along the Westerly boundary of said lot to the Point of Beginning.
Parcel 1 and 2 hereinafter referred to as (the “Land”).
TOGETHER WITH the following described properties and interests, now owned or hereafter acquired by Mortgagor (hereinafter referred to as “Debtor”),
(1) Improvements. All buildings, structures, betterments, and other improvements of any nature now or hereafter situated in whole or in part upon the Land, regardless of whether physically affixed thereto or severed or capable of severance therefrom (the “Improvements”).
(2) Appurtenances. The benefit of all easements and other rights of any nature whatsoever appurtenant to the Land or the Improvements, or both, and all rights of way, streets, alleys, passages, railroad sidings, drainage rights, sewer rights, and rights of ingress and egress to the Land, and all adjoining property, whether now existing or hereafter arising, together with the reversion or reversions, remainder or remainders, rents, issues, incomes and profits of any of the foregoing.
(3) Tangible Property. All of Debtor's right, title and interest in and to all fixtures, equipment and tangible personal property of any nature whatsoever now or hereafter (i) attached or affixed to the Land or the Improvements, or both, or (ii) situated upon or about the Land or the Improvements, or both, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (iii) used, useable or intended to be used in connection with any present or future use or operation of or upon the Land, regardless of where situated. The foregoing includes, without limitation: all signs and displays; all heating, air conditioning, lighting, incinerating, and power equipment; all engines, compressors, pipes, pumps, tanks, motors, conduits, wiring and switchboards; all plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; all boilers; furnaces, oil burners, vacuum cleaning systems, elevators and escalators; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets and partitions; all rugs and carpets; all laundry equipment; all building materials; all furniture, furnishings, office equipment and office supplies (including stationery, letterheads, billheads and items of a similar nature); and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing (the “Tangible Property”).
(4) Incomes. All rents, issues, incomes and profits in any manner arising from the Land, Improvements or Tangible Property, or any combination, including Debtor's interest in and to all leases, licenses, franchises and concessions of, or relating to, all or any portion of the Land, Improvements or Tangible Property, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations. The foregoing items are jointly and severally called the “Rents” in this instrument.
(5) Secondary Financing. All of Debtor's right, power or privilege to further encumber any of the property described in this paragraph for debt.
(6) Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property described in this paragraph into cash or other liquidated claims or that are otherwise payable for injury to, or the taking or requisitioning of, any such property, including all insurance and condemnation proceeds.
(7) Contract Rights and Accounts. All of Debtor's right, title, and interest in and to any and all contracts, written or oral, express or implied, now existing or hereafter entered into or arising, in any manner related to the improvement, use, operation, sale, conversion or other disposition of any interest in the Land, Improvements, Tangible Property, or the Rents, or any combination, including without limitation any and all deposits, prepaid items, proceeds, and payments due and to become due thereunder, and including construction contracts, service contracts, advertising contracts, purchase orders and equipment leases.
(8) Name. All right, title, and interest of Debtor in and to any and all trade names now or hereafter used in connection with the operation of the Land and Improvements, and all related marks, logos, and insignia.
(9) Other Intangibles. All contract rights, accounts, instruments, and general intangibles, as such terms from time to time are defined in the Florida Uniform Commercial Code, in any manner related to the use, operation, sale, conversion, or other disposition (voluntary or involuntary) of the Land, Improvements, Tangible Property, or Rents, including any permits, licenses, insurance policies, rights of action, and other choses in action.
Property Address: Unknown, Clearwater, FL 33767
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 16, 2011
GREGORY M. MCCOSKEY
Florida Bar No. 0089850
GLENN RASMUSSEN FOGARTY & HOOKER, P.A.
P.O. Box 3333
Tampa, Florida 33601
(813) 229-3333
(813) 229-5946 (fax)
Attorneys for Plaintiff
Aug. 26; Sept. 2, 2011 11-05546