11-1634H

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
Case No.: 10 024405 Division K
PNC BANK, a National
Association, as successor to
NATIONAL CITY BANK, a
National Banking Association,
Plaintiff, vs.
CHAMPIONS FOREST
DEVELOPERS, LLC, a Florida limited liability company,
Defendants.
Notice is hereby given that, pursuant to the Final Judgment of Foreclosure dated March 9, 2011, in the-above styled cause, the Clerk of the Circuit Court will sell the following described real property:
SEE EXHIBITS “A” AND “B” ATTACHED HERETO
AND INCORPORATED BY
REFERENCE HEREIN
EXHIBIT “A”
The South 1/2 Southwest 1/4 of Section 21, Township 28, Range 17, Public Records of Hillsborough County, Florida. (Parcel 1)
Lot beginning at the Northwest corner of the Northwest 1/4 and running South to Memorial Highway southeasterly along highway 1,650 feet northeasterly at right angles to highway 2,302.1 feet to half mile line. North to the Northeast corner of Northwest 1/4 and West to beginning. Section 28, Township 28, Range 17, Public Records of Hillsborough County, Florida. (Parcel 2)
More particularly surveyed and described as follows:
A parcel of land lying in Sections 21 and 28, Township 28 South, Range 17 East, Hillsborough County, Florida, and being more particularly described as follows:
Beginning at the Southeast corner of the Southwest 1/4 of Section 21; thence along the East boundary of said Southwest 1/4, North 00°32'58” East, 1336.22 feet; thence departing said East boundary North 88°13'59” West, 2633.58 feet to the West boundary of said Section 21, thence along said West boundary, South 00°00'08” West 1319.66 feet to the Northwest corner of the aforesaid Section 28, Township 28 South, Range 17 East; thence along the West boundary of said Section 28, South 00°48'50” West, 1327.75 feet to a point on the northerly right-of-way line of Old Memorial Highway; thence along said northerly right-of-way line, South 46°02'59” East, 1108.69 feet to a point on the northerly right-of-way line of Montague Street (Hillsborough County Project No. 98-151-R); thence along said northerly right-of-way line South 46°00'24” East, 190.60 feet; thence South 53°16'31” East, 464.72 feet; thence departing the said northerly right-of-way line, North 37°03'16” East, 2193.24 feet to the point on the East boundary of the Northwest 1/4 of the aforesaid Section 28, Township 28 South, Range 17 East; thence along said East boundary, North 00°47'01” East, 659.37 feet to the Point of Beginning.
EXHIBIT “B”
1. Land. The real property described in Exhibit A attached hereto and made a part hereof (collectively, the “Land”), together with additional lands, estates and development rights hereafter acquired by Debtor for use in connection with the development, ownership or occupancy of such real property, and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of that certain Open- End Mortgage, Security Agreement, Fixture Filing and Assignment of Leases and Rents executed in connection herewith (the “Security Instrument”);
2. Improvements. The buildings, structures, fixtures, additions, accessions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the “Improvements”);
3. Easements. All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtsey and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Debtor of, in and to the Land and the improvements and every part and parcel thereof, with the appurtenances thereto;
4. Fixtures and Personal Property. All machinery, furnishings, equipment, goods, inventory, fixtures (including but not limited to all heating, air conditioning, plumbing, lighting, fans, alarm systems, communications and elevator fixtures) and other property of every kind and nature, whether tangible or intangible, whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter located upon the Land and the improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and the improvements, including without limitation, chairs, desks, lamps, mirrors, bookcases, tables, couches, shelves, outdoor furniture, grills, cabinets, rugs, carpeting, floor coverings, draperies and drapery rods and brackets, curtains, shades, Venetian blinds, screens, awnings, paintings, hangings, pictures, keys or other entry systems, cable TV equipment, Intercom equipment, electric and electronic equipment, private telephone systems, heating, lighting and plumbing fixtures, fire prevention and extinguishing apparatus, fittings, plants, stoves, ranges, microwaves, dishwashers, garbage disposal units, refrigerators, washers and dryers, tools, lawn mowers, pool equipment, exercise equipment, machinery, water heaters, incinerators, machines, engines, boilers, dynamos, elevators, stokers, tanks, office supplies, other customary apartment equipment, and all building equipment, materials and supplies of any nature whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation, enjoyment and occupancy of the Land and the Improvements and the right, title and interest of Debtor in and to any of the Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the State of Florida (the “Uniform Commercial Code”) superior in lien to the lien of the Security Instrument and all proceeds and products of the above;
1 “Debtor” means Champions Forest Developers, LLC, a Florida limited liability company.
5. Leases and Rents. All leases and other agreements affecting the use, enjoyment or occupancy of the Land and the Improvements heretofore or hereafter entered into, whether before or after the filing by or against Debtor of any petition for relief under 11 U.S.C. §101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”) (Individually, a “Lease”; collectively, the “Leasen”) and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents (including all tenant security and other deposits), additional rents, revenues, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements whether paid or accruing before or after the filing by or against Debtor of any petition for relief under the Bankruptcy Code (collectively the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;
6. Condemnation Awards. All awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain (including but not limited to any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property;
7. Insurance Proceeds. All proceeds of and any unearned premiums on any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property;
8. Tax Certlorad. All refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Property as a result of tax certiorad or any applications or proceedings for reduction;
9. Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;
10. Rights. The right, in the name and on behalf of Debtor, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Secured Party in the Property;
11. Agreements. All agreements, contracts (including purchase, sale, option, right of first refusal and other contracts pertaining to the Property), certificates, instruments, franchises, permits, licenses, approvals, consents, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Property (including any Improvements or respecting any business or activity conducted on the Land and any part thereof) and all right, title and interest of Debtor therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Debtor thereunder;
12. Trademarks. All trade names, trademarks, service marks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property;
13. Accounts. All accounts, accounts receivable, escrows (including, without limitation, all escrows, deposits, reserves and impounds established pursuant to Article 16 of the Security Instrument), documents, instruments, chattel paper, deposit accounts, investment property, claims, reserves (including deposits) representations, warranties and general intangibles, as one or more of the foregoing forms may be defined in the Uniform Commercial Code, and all contract rights, franchises, books, records, plans, specifications, permits, licenses (to the extent assignable), approvals, actions, choses, commercial tort claims, suits, proofs of claim in bankruptcy and causes of action which now or hereafter relate to, are derived from or are used in connection with the Property, or the use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon; and
14. Other Rights. Any and all other rights of Debtor in and to the Property and any accessions, renewals, replacements and substitutions of all or any portion of the Property and all proceeds derived from the sale, transfer, assignment or financing of the Property or any portion thereof.
at public sale, to the highest and best bidder, for cash, at the Second Floor of the George E. Edgecomb Building, Room 202, located at 800 East Twiggs Street, in Tampa, Florida, at 2:00 P.M. on the July 8, 2011.
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 within 60 days after the sale.
Pursuant to Florida Statute 45.031(2), this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least 5 days prior to the sale.
If you are a person with a disability who needs an accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Court Administration 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, at the Hillsborough County Courthouse at 813-276-8100; if you are hearing or voice impaired, call 711.
DATED: June 9, 2011.
PAT FRANK,
Clerk of the Circuit Court
(SEAL) By Francisco R. Hernandez
Deputy Clerk
DONALD B. ESAU
Carlton, Fields, P.A.
CityPlace Tower, Suite 1200
525 Okeechobee Boulevard
West Palm Beach, FL 33401
18418572.1
June 17, 24, 2011 11-1634H