11-3621H

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 11-CA-011087
Division: A
MINNESOTA LIFE INSURANCE COMPANY, a Minnesota
corporation,
Plaintiff, vs.
POINTE WATERMARK, LLC, a Florida limited liability company, WILLIAM L. DRISCOLL, an
individual, and LISA M.
HOFFMAN, an individual,
Defendants.
Notice is hereby given that pursuant to a Consent Final Judgment of Foreclosure entered in the above entitled cause on December 15, 2011, in the Circuit Court of Hillsborough County, Florida, I will sell the property located in Hillsborough County, Florida described as:
See Attached Exhibit “A”
EXHIBIT “A”
LEGAL DESCRIPTION OF MORTGAGED PROPERTY
PARCEL 1:
WATERMARK 5 (F/K/A MARINER)
A part of Government Lot 3, Section 19, Township 29 South, Range 18 East, Hillsborough County, Florida, more particularly described as follows:
Commencing at the Northeast corner of Lot 40, MARINER ESTATES SUBDIVISION, according to the plat thereof as recorded in Plat Book 38, Page 61 of the Public Records of Hillsborough County, Florida; thence N 77° 26' 00” E, 40.09 feet; thence along a curve to the left (having a radius of 200.00 feet, chord distance of 138.88 feet, chord bearing of N 57° 07' 00” E and a central angle of 40° 38' 00”), for 141.84 feet; thence along a curve to the left (having a radius of 200.00 feet, chord distance of 34.86 feet and a chord bearing of N 31° 48' 00” E and a central angle of 10°), for 34.90 feet, thence N 21° 19' 42” W, 687.36 feet; thence N 76° 15' 43” E, along the Southerly right of way of Interstate 4 (State Road No. 400) and the Southwesterly extension thereof, for 553.33 feet; thence N 89° 14' 30” E along the said Southerly right of way line for 906.81 feet; thence S 00° 45' 30” E along the West boundary of the Hoover Street Intersection right of way for 60.00 feet to the South boundary of Bay Center Drive, continue South 00° 45' 30” E, 19.00 feet to the South boundary of the Hoover Street Intersection right of way; thence N 89° 14' 30” E along the South boundary of said Intersection right of way for 27.35 feet to a point 20.00 feet West of the East boundary of Section 19, Township 29 South, Range 18 East, Hillsborough County, Florida; thence South along the West boundary of Hoover Street and parallel with the said Section line, 164.50 feet for a Point of Beginning; continue thence South 158.42 feet along said West boundary of Hoover Street to the North boundary of Mariner Street; thence N 89° 56' 00” W, 313.00 feet along said North boundary of Mariner Street; thence North 154.28 feet, parallel with the West boundary of Hoover Street; thence N 89° 14' 30” E, 313.02 feet to the Point of Beginning.
PARCEL 2:
WATERMARK 7 (F/K/A TRITON EAST)
That certain piece, parcel or tract of land situate, lying and being a part of Government Lot 3, Section 19, Township 29 South, Range 18 East, Hillsborough County, Florida, being more particularly described as follows:
Commencing at the Northeast corner of Lot 40, MARINER ESTATES SUBDIVISION, according to the plat thereof as recorded in Plat Book 38, Page 61 of the Public Records of Hillsborough County, Florida; thence N 77° 26' 00” E, 40.09 feet to a point; thence with a curve to the left having a radius of 200.00 feet, a central angle of 40° 38' 00” and a chord which bears N 57° 07' 00” E 138.88 feet, an arc distance of 141.84 feet to a point; thence with a curve to the left having a radius of 200.00 feet, a central angle of 10° and a chord which bears N 31° 48' 00” E 34.86 feet an arc distance of 34.90 feet to a point; thence N 21° 19' 42” W, 687.36 feet to a point on the Southerly right of way line of Interstate Highway #275 (State Road 400); thence along the Southerly right of way line of Interstate Highway #275 the following two (2) courses and distances: 1) N 76° 15' 43” E, 553.33 feet, and 2) N 89° 14' 30” E, 441.39 feet to a point; thence S 00° 45' 30” E, 60.00 feet to the Point of Beginning on the Southerly right of way line of Bay Center Drive (60 foot R/W); thence continue along the Southerly right of way line of Bay Center Drive N 89° 14' 30” E, 258.02 feet to a point; thence S 183.50 feet to a point; thence S 89° 14' 30” W, 78.02 feet to a point; thence S 153.43 feet to a point on the Northerly right of way line of Mariner Street (60 foot R/W); thence along the Northerly right of way line of Mariner Street N 89° 56' 00” W, 180.00 feet to a point; thence N 334.34 feet to the Point of Beginning.
Together with easements benefiting Parcel 2 as set forth in Declaration of Non-Exclusive Easement for Ingress and Egress over Watermark 7 and 8, recorded in Official Records Book 13752, Page 687, of the Public Records of Hillsborough County, Florida.
.
TOGETHER WITH:
All the tracts or parcels of real property lying and being in the County of Hillsborough, State of Florida, all as more fully described above, together with all the estates and rights in and to the real property, water, mineral or oil rights and in and to lands lying in streets, alleys and roads or gores of land adjoining the real property and all buildings, structures, improvements, fixtures and annexations, access rights, easements, rights of way or use, servitudes, licenses, tenements, hereditaments and appurtenances now or hereafter belonging or pertaining to the real property and all proceeds and products derived therefrom whether now owned or hereafter acquired; and
IMPROVEMENTS,
FIXTURES, EQUIPMENT
AND PERSONAL PROPERTY
All buildings, equipment (including Pointe Watermark, LLC's [hereinafter, “Debtor”] interest in any lease of such equipment), fixtures, improvements, building supplies and materials and personal property owned by Debtor now or hereafter attached to, located in, placed in or necessary to the use, operation or maintenance of the improvements on the Premises including, but without being limited to, all machinery, fittings, fixtures, apparatus, equipment or articles used to supply heating, gas, electricity, air conditioning, water, light, waste disposal, power, refrigeration, ventilation, and fire and sprinkler protection, as well as all elevators, escalators, overhead cranes, hoists and assists, and the like, and all furnishings, supplies, draperies, maintenance and repair equipment, window and structural cleaning rigs and equipment, floor coverings, appliances, screens, storm windows, blinds, awnings, shrubbery and plants, and including, but not limited to, the specific articles of property set forth in Schedule 1 attached hereto (it being understood that the enumeration of specific articles of property shall in no way be held to exclude items of property not specifically enumerated), as well as renewals, replacements, proceeds, additions, accessories, increases, parts, fittings, insurance payments, awards and substitutes thereof, together with all interest of Debtor in any such items hereafter acquired, and all personal property which by the terms of any lease shall become the property of Debtor at the termination of such lease, all of which personal property mentioned herein shall be deemed fixtures and accessory to the freehold and a part of the realty and not severable in whole or in part without material injury to the Premises, but excluding therefrom the removable personal property owned by tenants in the Premises; and
RENTS, LEASES AND PROFITS
All rents, issues, income, revenue, receipts, fees, and profits now due or which may hereafter become due under or by virtue of and together with all right, title and interest ofDebtor in and to any lease, license, sublease, contract or other kind of occupancy agreement, whether written or verbal, for the use or occupancy of the Premises or any part thereof, together with all security therefor and all monies payable thereunder, including, without limitation, tenant security deposits, and all books and records which contain information pertaining to payments made thereunder and security therefor, subject, however, to the conditional permission herein given to Debtor to collect the rents, income and other normal income benefits arising under any agreements. Secured Party shall have the right, not as a limitation or condition hereof but as a personal covenant available only to Secured Party, at any time and from time to time, to notify any lessee of the rights of Secured Party hereunder; and
Together with all right, title and interest of Debtor in and to any and all contracts for sale and purchase of all or any part of the property described in the above clauses hereof, and any down payments, earnest money deposits or other sums paid or deposited in connection therewith; and
JUDGMENTS,
CONDEMNATION AWARDS,
INSURANCE PROCEEDS,
AND OTHER RIGHTS
All awards, compensation or settlement proceeds made by any governmental or other lawful authorities for the threatened or actual taking or damaging by eminent domain of the whole or any part of the Premises, including any awards for a temporary taking, change of grade of streets or taking of access, together with all insurance proceeds resulting from a casualty to any portion of the Premises; all rights and interests of Debtor against others, including adjoining property owners, arising out of damage to the property including damage due to environmental injury or release of hazardous substances; and
LICENSES, PERMITS, EQUIPMENT LEASES
AND SERVICE
AGREEMENTS
All right, title and interest of Debtor in and to any licenses, permits, regulatory approvals, government authorizations, franchise agreements and equipment or chattel leases, service contracts or agreements, tradenames, any and all other intangibles, including general intangibles, and all proceeds therefrom, arising from, issued in connection with or in any way related to the use, occupancy, operation, maintenance or security of the Premises, together with all replacements, additions, substitutions and renewals thereof, which may be assigned pursuant to agreement or law; and
PROCEEDS
All sale proceeds, refinancing proceeds or other proceeds, including deposits and down payments derived from or relating to the property described above; and
ACCOUNTS
RECEIVABLE AND
GENERAL INTANGIBLES
All accounts receivable, chattel paper, general intangibles, instruments, and all proceeds therefrom, whether cash or noncash, derived by Debtor from the use, occupancy or operation of the Premises, including, without limitation, all third party payments, but excepting the proceeds of any borrowed funds, and reserving to Debtor a license to collect the same unless and until an Event of Default occurs under the Mortgage.
SCHEDULE 1
Break room:
2 tables, 8 chairs
Conference Room:
2 large conference tables
20 matching chairs
another chair
large hanging cabinet with a whiteboard inside
various pictures, etc.
at public sale, to the highest and best bidder for cash, at the George E. Edgecomb Courthouse, 2nd Floor, Room 201 (or Room 202), 800 East Twiggs Street, Tampa, FL 33602, Florida 33701 at 10 a.m on January 23, 2012.
In accordance with the Americans With Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact court Administration at telephone number (813) 276-8100, not later than seven (7) days prior to the proceeding. If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
Date: December 22, 2011
PAT FRANK
Clerk of the Court
(SEAL) By: Francisco R. Hernandez
As Deputy Clerk
Hill Ward Henderson PA
Attn: Michael P. Brundage, Esq.
101 E. Kennedy Blvd., Suite 3700
Tampa, FL 33602
Telephone: (813) 221-3900
Dec. 30 2011; Jan. 6 2012 11-3621H

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