11-3416H

FIRST INSERTION
NOTICE OF SALE
(Loan 3 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.
LOAN 3 MORTGAGED
PROPERTY
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 1550.00 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, South 00° 30' 04” West, a distance of 297.20 feet to the Point of Beginning; thence departing said Easterly boundary, Northwesterly 403.91 feet along the arc of a curve to the left 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 North 58” 31' 41” East, 402.57 feet to a point of compound curvature; thence Northwesterly 711.12 feet along the arc of a curve to the left, said curve being concave Northwesterly, having a radius of 1885.00 feet, a central angle of 21” 36' 54”, and a distance of 445.11 feet to a point on the West right of way line 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 411.33 feet to a point on the Northerly right-of-way line Commerce Street as shown on State of Florida State Road Department Right-of-Way Map, Job Number 1018-302, Road 613, dated November 2, 1944; thence the following three (3) courses on said Northerly right-of-way line: (1) South 30° 01' 19” West, a distance of 494.51 feet to a point of curvature; (2) Southwesterly 1200.33 feet along the arc of a curve to the right, said curve being concave Northwesterly, having a radius of 1297.21 feet, a central angle of 53” 01' 00”, and a chord bearing and distance of South 56” 31' 49” West, 1157.96 feet to a point of tangency; (3) South 83° 02' 19” West, a distance of 1378.24 feet to a point on the West boundary of said Section 20; thence on said West boundary, North 00° 33' 53” East, a distance of 445.65 feet to a point on the Southerly boundary of that certain parcel of land described in Official Records Book 12543, Page 1797, of the Public Records of Hillsborough County, Florida; thence departing said West boundary to the following three (3) courses on the Southerly and Easterly boundaries of said certain parcel: (1) South 87° 52' 41” East, a distance of 951.60 feet to a point of curvature; (2) Easterly 614.38 feet along the arc of a curve to the left, said curve being concave Northerly; having a radius of 1435.01 feet, a central angle of 24” 31' 49”, and a chord bearing and distance of North 79° 51' 24” East, 609.70 feet to the Point of Beginning.
LESS AND EXCEPT that portion thereof lying within the following described parcel:
A portion of Sections 19 and 20, Township 30 South, Range 18 East, Hillsborough County, Florida, being more particularly described as follows:
Begin at the Northwest corner of said Section 20; thence on the North boundary of said section 20, South 88° 29' 56” East, a distance of 100.00 feet; thence departing said North boundary, on a line parallel with and 100.00 feet Easterly of the Westerly boundary of said Section 20, South 00° 33' 53” West, a distance of 815.46 feet for a point on the North right-of-way line of Commerce Street, thence on said Northerly right-of-way line, South 83° 02' 19” West, a distance of 100.87 feet to a point on the West boundary of said Section 20; thence on said West boundary, North 00° 33' 53” East, a distance of 445.65 feet to a pint on the Southerly 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 three (3) courses on the Southerly, Westerly and North boundaries of said parcel: (1) North 87° 52' 41” West, a distance of 549.96 feet; (2) North 00° 35' 20” East, a distance of 368.23 feet to a portion on the North boundary of said Section 19; (3) on said North boundary, South 89° 24' 26” East, a distance of 549.61 feet to the Point of Beginning.
ALSO LESS AND EXCEPT that portion thereof lying within Section 17, Township 30 South, Range 18 West, Hillsborough County, Florida, being more particularly described as follows:
Commence at the Southwest corner of Government Lot 3 of Section 17, Township 30 South Range 18 West, Hillsborough County, Florida; thence on the South boundary of said Government Lot 3, South 89° 29' 56” East, a distance of 668.28 feet to a point on a non-tangent curve, said point being on the Westerly boundary of a 30.00 foot wide Ingress-Egress Easement as described in Official Records Book 11333, Page 534 of the Public Records of of Hillsborough County, Florida and Official Records Book 12543, Page 1797 of the Public Records of Hillsborough County, Florida; thence on said Westerly boundary, Northeasterly 465.68 feet along the arc of a curve to the left, said curve being concave Northwesterly, having a radius of 1885.03 feet, a central angle of 14° 09' 16”, and a chord bearing and distance of North 40° 12' 57” East, 464.50 feet to the POINT OF BEGINNING; thence continue the following two (2) courses on said Westerly boundary; (1) Northeasterly 108.56 feet along the arc of a curve to the left said curve being concave Northwesterly, having a radius of 1885.03 feet, a central angle of 03° 17' 59”, and a chord bearing and distance of North 31° 29' 57” East, 108.55 feet to a point of tangency; (2) North 29° 50' 57” East, a distance of 445.95 feet to a point on the Westerly right-of-way line of West Shore Drive; thence on said Westerly right-of-way line, South 00° 30' 03” West, a distance of 376.65 feet; thence departing said Westerly right-of-way line, North 89° 31' 02” West, a distance of 151.60 feet to a point on the Westerly boundary of a Railroad Easement as described in Official Records Book 13724, Page 746 of the Public Records of Hillsborough County, Florida; thence on said Westerly boundary, South 30° 03' 36” West, a distance of 120.74 feet; thence departing said Westerly boundary, North 89° 30' 42” West, a distance of 63.30 feet to the POINT OF BEGINNING.
ALSO LESS AND EXCEPT:
A parcel of land lying in Government Lot 3 of the Southwest ¼ Section 17, Township 30 South, Range 18 East, Hillsborough County, Florida and being more particularly described as follows:
Commence at the Southwest corner of Government Lot 3 of said Section 17, thence on the South boundary of said section 17, South 89° 29' 56” East, a distance of 668.28 feet to the Point of Beginning, said Point of Beginning also being the intersection of the South boundary of said Section 17 and the Westerly line of a 30 foot Ingress-Egress Easement which is recorded in Official Records Book 11333, page 534 and Official Records Book 12543., page 1797, of the Public Records of Hillsborough County, Florida; thence Northwesterly along a curve concave Northwest of the Westerly line of Ingress-Egress Easement (Official Records Book 11333, page 534 and Official Records Book 12543, page 1797) an arc distance of 465.68 feet, said curve having a radius of 1.885.03 feet, a delta angle of 14' 09' 16”, a chord bearing of North 40° 12' 57” East, and a chord distance of 464.50 feet; thence departing aforesaid Westerly line of Ingress-Egress Easement South 89° 30' 42” East, a distance of 63.60 feet; thence North 30° 03' 36” East, a distance of 120.74 feet; thence South 89° 31' 02” East, a distance of 151.60 feet to the Westerly right-of-way line of Westshore Boulevard; thence South 00° 30' 03” West, a distance of 34.53 feet along said right-of-way line to the intersection of Westerly right-of-way of Commerce Street; thence South 30° 01' 20” West, along said right-of-way line, a distance of 491.61 feet to the South boundary of Government Lot 3, also being the South boundary of the Southwest ¼ section 17, Township 30 South, Range 18 east; thence departing said Westerly right-of-way line, North 89° 29' 56” West, a distance of 329.09 feet to the Point of Beginning. (hereinafter, the “Land”)
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 11-3416H