11-03367

FIRST INSERTION
SECOND AMENDED
NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
THE STATE OF FLORIDA,
COUNTY OF PINELLAS
CIVIL DIVISION
CASE NO.: 09-03796-CI-11
SOUTHERN FINANCIAL GROUP, LLC, a Texas limited liability
company, successor-in-interest to
M&I MARSHALL & ILSLEY BANK, a Foreign corporation,
Plaintiff, vs.
LEXINGTON HOMES, INC., a
Florida corporation; CRAIG J. FIEBE; TOWN N' COUNTRY PARK, INC., a Florida
corporation; and UNKNOWN TENANTS/SPOUSES/OWNERS IN POSSESSION,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to a Final Judgment entered in the above- styled cause, in the Circuit Court of Pinellas County, Florida, the Clerk of Court of Pinellas County will sell the property situate in Pinellas County, Florida, described as:
See Exhibit A attached hereto and made a part hereof by reference as if fully set forth herein for legal description.
PROPERTY DESCRIPTION
THAT CERTAIN PARCEL OF LAND LYING IN SECTION 28, TOWNSHIP 29 SOUTH, RANGE 16 EAST OF PINELLAS COUNTY, FLORIDA AND WHICH IS DESCRIBED AS THE SOUTH 500 FEET OF GOVERNMENT LOT 2, LESS ROAD RIGHT-OF-WAY ON THE SOUTH SIDE OF SAID PROPERTY FOR WHITNEY ROAD, AND LESS ALL LAND LOCATED IN THE SEABROOKE SUBDIVISION FILED IN PLAT BOOK 104, PAGES 46 THROUGH 49, INCLUSIVE OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; THENCE SOUTH 89°17'03” EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ∑ OF SAID SECTION 28, 1949.51 FEET; THENCE NORTH 00°42'57” EAST, 40.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WHITNEY ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 7017, PAGES 583 THROUGH 585, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF SEABROOKE, AS RECORDED IN PLAT BOOK 104, PAGES 46 THROUGH 49, INLCLUSIVE, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; BY THE FOLLOWING FIFTEEN (15) COURSES AND DISTANCE:
1) NORTH 03°48'25” WEST 79.87 FEET; 2) NORTH 87°01'31” WEST, 130.44 FEET; 3) NORTH 13°23'31” EAST, 139.73 FEET; 4) NORTH 26°11'36” WEST, 140.42 FEET; 5) NORTH 56°14'55” EAST, 17.19 FEET; 6) NORTH 37°35'00” EAST, 230.04 FEET; 7) SOUTH 44°05'50” EAST, 203.02 FEET; 8) NORTH 45°54'10” EAST, 86.00 FEET; 9) SOUTH 44°05'50” EAST, 121.00 FEET; 10) NORTH 45°54'10” EAST, 151.00 FEET; 11) SOUTH 44°05'50” EAST, 149.85 FEET; 12) SOUTH 17°31'17” EAST, 87.39 FEET; 13) SOUTH 45°54'10” WEST, 180.14 FEET TO A POINT OF CURVATURE; THENCE 14) 55.21 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 70.00 FEET, CHORD BEARING SOUTH 23°18'33” WEST, 53.79 FEET TO A POINT OF TANGENCY; THENCE 15) SOUTH 00°42'57” WEST, 111.32 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE AFOREMENTIONED WHITNEY ROAD;
THENCE NORTH 89°17'03” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 363.67 FEET TO THE POINT OF BEGINNING.
Together with UCC-1 Collateral described as:
This Financing Statement covers the following types and items of Collateral, consisting of all of the Personal Property of Debtor, wherever located, and now owned or hereafter acquired, including, without limitation, (i) a lien upon and a security interest in all of Debtor's existing and after acquired interests in those certain parcels of land located in Pinellas County, Florida which are described on the attached Exhibit A (the “Land”), together with all rights, estates, titles, interests, privileges, easements, tenements, hereditaments, titles, royalties, reversions, remainders and other interests, whether presently held by Debtor or acquired in the future, that may be conveyed as interests in the Land under the law of Florida, including without limitation any Easements and the Assigned Rights (“Appurtenances” and herein collectively with the Land, the “Real Property”), the Leases and the Rents (both as defined in the Security Agreement, as hereinafter defined), and (ii) a security interest in the Personal Property, and (iii) a lien upon and security interest in all Accessions, additions, replacements, substitutions and Proceeds of any of the foregoing, all to the extent and upon the terms and conditions set forth in this Mortgage or the Other Loan Documents.
“UCC” as used herein shall mean Article 9 of the Uniform Commercial Code of the State of Florida as from time to time in effect, including, without limitation, Chapter 01-198, Laws of Florida, from and after its effective date. As used herein “Personal Property” means Account Collateral, Chattel Paper Collateral, Commercial Tort Claim Collateral, Deposit Account Collateral, Document Collateral, Equipment Collateral, Goods Collateral, General Intangible Collateral, Instrument Collateral, Investment Property Collateral, Letter of Credit Collateral, and Money Collateral now or hereafter owned by Debtor. Capitalized terms not specifically defined herein shall have the meaning ascribed to such terms in the UCC, if applicable, and if not therein described, as described in the Mortgage, Secuirty Agreement and Fixture filing by Debtor in favor of Secured Party executed concurrently herewith (the “Security Agreement”).
As used in this instrument the term “include” is for illustrative purposes only and is always without limitation. The owner of record of the Collateral is LEXINGTON HOMES, INC., a Florida corporation.
at public sale, to the highest and best bidder, for cash, via the Internet at www.pinellas.realforeclose.com pursuant to Florida Statute 45.031(10), beginning at 10:00 a.m. eastern standard time, on August 29, 2011.
DATED on May 10, 2011.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE
ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY, CLEARWATER COURTHOUSE, 315 COURT STREET, ROOM 170, CLEARWATER, FL 33756 WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT BAY AREA LEGAL SERVICES, 4948 CENTRAL AVE., ST. PETERSBURG, FL 33707-1941, TELEPHONE 727-490-4040 TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT BAY AREA LEGAL SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
ATTN.: PERSONS WITH DISABILITIES. If you are a person with a disability who needs any accommodations in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Michelle Leanko, 14250 49tb St., N., Third Floor, H Wing, Clearwater, FL 33762; telephone (727)646-6506, within two (2) working days of your receipt of this Notice; if you are hearing impaired call 1-800-955-8771; if you are voice impaired, call 1-800-955-8770.
JOHN D. EMMANUEL, Esq.
As Officer of the Court
May 20, 27, 2011 11-03367