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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
Case No. 10-CA-3663-WS
FIFTH THIRD BANK, an Ohio banking corporation,
Plaintiff(s), v.
Starkey Ranch Investment
Company, LLC, a Florida limited
liability Company; STARKEY
LAND COMPANY, LLC, a Florida limited Liability company; FRANK STRAUB STARKEY, an individual; JAY B. STARKEY, III, an
individual; LAURA LYNN
STARKEY, an Individual; BARRY W. GAY, an Individual; and
KATHRYN G. DEVINCENTE, an individual,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to a Uniform Final Judgment of Foreclosure Against Longleaf Town Center, Inc. entered in the above-entitled cause in the Circuit Court of Pasco County, Florida, the Clerk of the Court will sell to the highest and best bidder for cash, in an online sale at www.pasco.realforeclose.com, at 11:00 a.m. on the 20th day of January, 2012, the following described property set forth in the Uniform Final Judgment of Foreclosure Against Longleaf Town Center, Inc.:
SEE EXHIBITS A AND B
ATTACHED HERETO.
EXHIBIT A
Tracts 4 & 5, LONGLEAF, PHASE ONE a subdivision according to the plat thereof recorded at Plat Book 37, Page 140-147, in the Public Records of Pasco County, Florida.
EXHIBIT B
“Debtor” and “Assignor” refers to Longleaf Town Center, Inc., a Florida corporation
1. All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements on the Property described in Exhibit “A” (herein referred to as “Property”) or under or above the same or any part or parcel thereof.
2. All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the Property and including all trade, domestic and ornamental fixtures located in, upon or under the Property or any part thereof and used or usable in connection with any present or future operation of the Property, including, but without liming the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces, oil burners or units thereof; appliances; air-cooling and air condition apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; store doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; together with all building materials and equipment delivered to the Property and intended to be installed therein, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass, doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all additions and accessions thereto and replacements thereof.
3. All of the water, sanitary and storm sewer systems owned by the Debtor which are located by, over, and upon the Property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
4. All paving for streets, roads, walkways or entrance ways owned by Debtor and which are located on the Property or any part or parcel thereof.
5. All of Assignor's interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof, and in and to all leases or rental arrangements hereafter made and entered into by Assignor for Property, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.
6. Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Property.
7. All of the right, title and interest of the Assignor in and to all unearned premiums accrued, accruing to or to accrue under any and all insurance policies provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property, or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or any part of the Property.
8. All contracts and contract rights of Assignor arising from contracts entered into in connection with development, construction upon or operation of the Property.
9. The fictitious or other names or tradenames of the Property excluding the name “Longleaf Town Center, Inc.”
10. All accounts, instruments, documents, chattel paper, electronic chattel paper, deposit accounts, investment property, letter of credit rights, and general intangibles derived from the Property.
11. All furniture, furnishings, appliances and equipment and all other tangible personal property owned or acquired by the Assignor or located or installed at or in any other improvement on the Property or elsewhere at or on the Property, together with all accessories and parts now attached to or used in connection with any such Property and also any and all replacements and proceeds of any such Property. All permits, agreements, approvals, and fees, including but not limited to all building permits, driveway and curb cut permits, all commitments for utilities, together with any and all plans and specifications, and architectural drawings for any improvements constructed on the Property.
12. All permits, agreements, approvals, and fees, including but not limited to all building permits, driveway and curb cut permits, all commitments for utilities, together with any and all plans and specifications, and architectural drawings for any improvements constructed on the Property.
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.
In accordance with the Americans With Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact Dade City (352) 521-4274, Ext. 8110; New Port Richey (727) 847-8100; TDD 1-800-955-8771 via Florida Relay Service; no later than seven (7) days prior to any proceeding.
Dated: December 22, 2011.
Mark J. Wolfson (FBN 0352756)
Christina Y. Taylor (FBN 0057616)
Foley & Lardner LLP
100 North Tampa Street, Suite 2700
Tampa, FL 33602-5810
Telephone: 813.229.2300
Facsimile: 813.221.4210
Dec. 30 2011; Jan. 6 2012 11-2832P