11-3349H


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FIRST INSERTION
SECOND AMENDED
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
Case No.: 09-20372 (C)
CITY NATIONAL BANK, a national banking association,
Plaintiff, v. J V & I, INC. d/b/a J K Apartments; and IVAN L. AMNAY,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to a Final Judgment entered in the above-styled cause in the Circuit Court of Hillsborough County, Florida, I shall hold a sale of the subject property described as:
See Exhibit A attached hereto and made a part hereof by reference as is fully set forth herein for legal description.
EXHIBIT “A”
Lot 4, Block 1, of W.E. HAMNER'S TOWERING PINES, according to the map or plat thereof, as recorded in Plat Book 31, page 97, of the Public Records of Hillsborough County, Florida.
Together with the following:
(1) all improvements; (2) all fixtures; (3) all personalty; (4) all current and future rights, including air rights, development rights, zoning rights and other similar rights or interests, easements, tenements, rights-of-way, strips and gores of land, streets, alleys, roads, sewer rights, waters, watercourses, and appurtenances related to or benefiting the land or the improvements, or both, and all rights-of-way, streets, alleys and roads which may have been or may in the future be vacated; (5) all proceeds paid or to be paid by any insurer of the land, the improvements, the fixtures, the personalty or any other part of the mortgaged property, whether or not Borrower obtained the insurance pursuant to Lender's requirement; (6) all awards, payments and other compensation made or to be made by any municipal, state or federal authority with respect to the land, the improvements, the fixtures, the personalty or any other part of the mortgaged property, including any awards or settlements resulting from condemnation proceedings or the total or partial taking of the land, the improvements, the fixtures, the personalty or any other part of the mortgaged property under the power of eminent domain or otherwise and including any conveyance in lieu thereof; (7) all contracts, options and other agreements for the sale of the land, the improvements, the fixtures, the personalty or any other part of the mortgaged property entered into by Borrower now or in the future, including cash or securities deposited to secure performance by parties of their obligations; (8) all proceeds from the conversion, voluntary or involuntary, of any of the above into cash or liquidated claims, and the right to collect such proceeds; (9) all rents and leases; (10) all earnings, royalties, accounts receivable, issues and profits from the land, the improvements or any other part of the mortgaged property, and all undisbursed proceeds of the loan secured by the mortgage and, if Borrower is a cooperative housing corporation, maintenance charges or assessments payable by shareholders or residents; (11) all imposition deposits; (12) all refunds or rebates of impositions by any municipal, state or federal authority or insurance company (other than refunds applicable to periods before the real property tax year in which the mortgage is dated); (13) all tenant security deposits which have not been forfeited by any tenant under any lease and any bond or other security in lieu of such deposits; and (14) all names under or by which any of the above mortgaged property may be operated or known, and all trademarks, trade names, and goodwill relating to any of the mortgaged property.
at public sale, to the highest and best bidder, for cash, on the 2ND FLOOR OF THE GEORGE E. EDGECOMB BUILDING, ROOM 201/202, located at 800 EAST TWIGGS STREET, in TAMPA, FLORIDA ON December 28, 2011 AT 10:00 A.M.
The highest bidder shall immediately post with the Clerk, a deposit equal to 5% of the final bid. The deposit must be cash or cashier's check payable to the Clerk of the Circuit Court. Final payment must be made on or before 5:00 p.m. of the date of the sale by cash or cashier's check.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT AT 813-276-8100 EXT. 4733 WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT BAY AREA LEGAL SERVICES, 829 W. DR. MARTIN LUTHER KING BOULEVARD, 2ND FLOOR, TAMPA, FLORIDA, 33603-3336, TELEPHONE NUMBER, 813-232-1343, TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT THE HILLSBOROUGH COUNTY BAR ASSOCIATION REFERRAL SERVICE AT 813-221-7780 FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE
ATTN.: 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 ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs St., Room 604, Tampa, Florida 33602, (813) 272-7040, 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 on December 1, 2011.
PAT FRANK
As Clerk of the Court
(Court Seal) By: Darrell Morning
As Deputy Clerk
December 9, 16, 2011 11-3349H