11-3414H

FIRST INSERTION
NOTICE OF SALE
(Loan 1 Mortgaged Property)
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 08-CA-019112
Division: G
FIFTH THIRD BANK,
Plaintiff, v.
ARTZIBUSHEV HOLDINGS, INC.,
DIMITRI ARTZIBUSHEV and
PRESCOTT PARTNERS, LLC
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Uniform Final Judgment of Foreclosure entered in the above styled action on November 23, 2011, the property described in the attached Exhibit “A” will be sold by the clerk of this court at public sale, at 2:00 p.m. on December 28, 2011, to the highest bidder or bidders, for cash, on the 2nd floor, rooms 201/202 in the George E. Edgecomb Courthouse at 800 E. Twiggs Street, Tampa, FL 33602.
EXHIBIT A
LOAN 1 MORTGAGED
PROPERTY DESCRIPTION
LEGAL DESCRIPTION: (Fee Parcel A)
A parcel of land lying in Government Lot 3 of the Southwest ¼ of Section 17 and in the Northwest ¼ of Section 20, all in Township 30 South, Range 18 East, Hillsborough County, Florida, and being more particularly described as follows:
Commence at the Southwest corner of said Section 17; thence on the South boundary of the Southwest ¼ of said Section 17, South 89°29'56” East, a distance of 1330.02 feet, to the POINT OF BEGINNING, said point being the Southwest corner of Government Lot 3 of said Section 17; thence on the West boundary of said Government Lot 3, North 00°30'04” East, a distance of 887.00 feet to the intersection with the South right-of-way line of Prescott Street, being a 60 foot wide platted right-of-way; thence on said right-of-way line, South 89°30'52” East, a distance of 1112.35 feet; thence departing said right-of-way line, South 30°00'33” West, a distance of 60.00 feet; thence parallel with said right-of-way line, South 89°30'52” East, a distance of 100.00 feet; thence North 30°00'33” East, a distance of 60.00 feet to the intersection with the South right-of-way line of said Prescott Street; thence on said right-of-way line, South 89°30'52” East, a distance of 27.32 feet to the intersection with the West right-of-way line of South West Shore Boulevard being a 60 foot wide publicly dedicated right-of-way; thence on said right-of-way line, South 00°30'28” West, a distance of 48.21 feet; thence departing said West right-of-way line, South 29°50'57” West, a distance of 446.11 feet to a point of curvature; thence Southwesterly 711.12 feet along the arc of a curve to the right, said curve being concave Northwesterly, having a radius of 1885.00 feet, a central angle of 21°36'54”, and a chord bearing and distance of South 40°39'24” West, 706.81 feet to a point of compound curvature; thence Southwesterly 403.91 feet along the arc of a curve to the right, said curve being concave Northwesterly, having a radius of 1435.00 feet, a central angle of 16°07'37”, and a chord bearing and distance of South 59°31'40” West, 402.58 feet to a point on the Easterly boundary of that certain parcel of land described in Official Records Book 12543, Page 1797 of the Public Records of Hillsborough County, Florida; thence the following two (2) courses on the Easterly and Northerly boundaries of said certain parcel: (1) North 00°30'04” East, a distance of 297.20 feet; (2) North 89°29'56” West, a distance of 219.98 feet to the POINT OF BEGINNING.
LESS AND EXCEPT:
LEGAL DESCRIPTION: (Parcel B, Deed Restricted Area Within Fee Parcel A)
A parcel of land lying in Government Lot 3 of the Southwest ¼ of Section 17 and in the Northwest ¼ of Section 20, all in Township 30 South, Range 18 East, Hillsborough County, Florida and being more particularly described as follows:
Commence at the Southwest corner of said Section 17; thence on the South boundary of the Southwest ¼ of said Section 17, South 89°29'56” East, a distance of 1497.36 feet to the POINT OF BEGINNING; thence departing said South boundary North 06°12'14” East, a distance of 172.48 feet; thence North 70°58'24” East, a distance of 133.80 feet; thence North 70°36'25” East, a distance of 190.70 feet; thence South 01°38'50” East, a distance of 257.03 feet; thence North 41°22'26” East, a distance of 431.88 feet; thence North 00°00'00” East, a distance of 188.21 feet; thence North 39°07'47” East, a distance of 445.65 feet to the intersection with the South right-of-way line of Prescott Street, being a 60 foot wide platted right-of-way; thence on said right-of-way line, South 89°30'52” East, a distance of 53.62 feet; thence departing said right-of-way line, South 30°00'33” West, a distance of 60.00 feet; thence parallel with said right-of-way line, South 89°30'52” East, a distance of 100.00 feet; thence North 30°00'33” East, a distance of 60.00 feet to the intersection with the South right-of-way line of said Prescott Street; thence on said right-of-way line, South 89°30'52” East, a distance of 27.32 feet to the intersection with the West right-of-way line of South West Shore Boulevard, being a 60 foot wide publicly dedicated right-of-way; thence on said right-of-way line, South 00°30'28” West, a distance of 48.21 feet; thence departing said right-of-way line, South 29°50'58” West, a distance of 446.11 feet to a point of curvature; thence Southwesterly 711.12 feet along the arc of a curve to the right, said curve being concave Northwesterly, having a radius of 1885.01 feet, a central angle of 21°36'54”, and a chord bearing and distance of South 40°38'24” West, 706.91 feet to a point of compound curvature; thence Southwesterly 403.91 feet along the arc of a curve to the right, said curve being concave Northwesterly, having a radius of 1434.92 feet, a central angle of 16°07'40”, and a chord bearing and distance of South 59°31'41” West, 402.57 feet to a point on the Easterly boundary of that certain parcel of land described in Official Records Book 12543, page 1797 of the Public Records of Hillsborough County, Florida; thence on said Easterly boundary, North 00°30'04” East, a distance of 297.20 feet to a point on the South boundary of said Section 17; thence on said South boundary, North 89°29'56” West, a distance of 52.64 feet to the POINT OF BEGINNING.
TOGETHER WITH:
1. All buildings, structures and improvements now or in the future on the Land (the “Improvements”).
2. All estates, easements, interests, licenses, rights and titles of Mortgagor in and to or benefiting the Land.
3. All estates, easements, interests, licenses, rights and titles, if any, of Mortgagor in and to the real estate lying in all present or future roads and sidewalks, in front of, or adjoining, the Land, and in and to any strips or gores of real estate adjoining the Land.
4. All passages, waters, water rights, water courses, riparian rights, other rights appurtenant to the Land, as well as any after-acquired title, franchise or license, and the reversions and remainders thereof;
5. All estates, easements, licenses, interests, rights and titles appurtenant or incident to the foregoing;
6. All Personal Property now owned or hereafter acquired by Mortgagor, and all accessories, attachments, additions, replacements, substitutes, products, proceeds, and accessions thereto or thereof described as:
(i) all property, personal or otherwise, at any time attached to or incorporated into or used in or about the Land and/or Improvements, including, without limitation, all fixtures, building materials, inventory, furniture, appliances, furnishings, goods, equipment, and machinery and all other tangible personal property affixed, attached or related to such property or used in connection therewith;
(ii) all accounts, deposit accounts, inventory, instruments, chattel paper, documents, consumer goods, insurance proceeds, surveys, plans and specifications, drawings, permits, licenses, warranties, guaranties, deposits, prepaid expenses, contract rights, and general intangibles now, or hereafter related to, any of the Land and/or Improvements;
(iii) all Rents described as rents, receipts, revenues, issues and profits now due or which may become due or to which Mortgagor may now or hereafter become entitled or may demand or claim, arising or issuing from or out of the Leases or from or out of the Mortgaged Property, or any part thereof, including, without limitation, minimum rents, additional rents, percentage rents, common area maintenance charges, parking charges (including monthly rental for parking spaces), tax and insurance premium contributions, and liquidated damages following default, premiums payable by any Lessee upon the exercise of any cancellation privilege provided for in any of the Leases, and all proceeds payable under any policy of insurance covering the loss of rent resulting from untenantability caused by destruction or damage of the Mortgaged Property, together with any and all rights and claims of any kind which Mortgagor may have against any Lessee or against any other occupants of the Mortgaged Property; and all Leases described as all present and future leases and agreements, written or oral, for the use or occupancy of any portion of the Mortgaged Property, and any renewals, extensions or substitutions thereof and any and all subleases thereunder;
(iv) all other income or revenues of any kind now or hereafter derived from the operation of the Land and/or the Improvements, including without limitation overnight or other room rental charges, service fees and charges, and other fees for the use of all or any portion of the Mortgaged Property or any facilities thereon, or services provided thereon or therein,
(v) all general intangibles relating to the development or use of the Land and/or Improvements, including but not limited to all governmental permits relating to construction on the Land and/or, all names under or by which the Land and/or Improvements may at any time be operated or known, and all rights to carryon the business under any such names or any variant thereof, and all trademarks and goodwill in any way relating to the Land and/or Improvements;
(vi) all water rights relating to the Land and/or Improvements that is owned by Mortgagor in common with others, and all documents of membership in any owners' or members' association or similar group having responsibility for managing or operating any part of the Land and/or Improvements; and
(vii) all proceeds and claims arising on account of any damage to or taking of the Land and/or Improvements or any part thereof, and all causes of action and recovery for any loss or diminution in the value of the Land and/or Improvements and all rights of the Mortgagor under any policy or policies of insurance covering the Land and/or Improvements or any Rents relating to the Real Estate and all proceeds, loss payments and premium refunds which may become payable with respect to such insurance policies.
7. All other estates, easements, licenses, interests, rights and titles which Mortgagor now has, or at any time hereafter acquires, in and to the Land, the Improvements, the Personal Property, and all property which is used or useful in connection therewith, including without limitation (a) all proceeds payable in lieu of or as compensation for loss or damage to any of the foregoing; (b) all awards for a taking or for degradation of value in any eminent domain proceeding involving any of the foregoing; and (c) the proceeds of any and all insurance (including without limitation, title insurance) covering the Land, the Improvements, the Personal Property, and any of the foregoing.
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 a disability who needs an accommodation, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation please contact the ADA Coordinator within seven working days of the date the service is needed; if you are hearing or voice impaired, call 711.
WITNESS my hand and the seal of this Court on December 6, 2011.
PAT FRANK
Clerk Circuit Court
(SEAL) By: Darrell Morning
Deputy Clerk
GREGORY M. MCCOSKEY
GLENN RASMUSSEN
FOGARTY & HOOKER, P.A.
P.O. Box 3333
Tampa, Florida 33601
December 9, 16, 2011 11-3414H