11-06800

FIRST INSERTION
FOURTH AMENDED NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 2010-001945-CI-13
TD BANK, N.A. successor by merger to Carolina First Bank,
Plaintiff, vs.
TRIANGLE CAPITAL GROUP, LLP, a Florida limited liability partnership, et al
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Uniform Final Judgment of Foreclosure dated February 3, 2011, and entered in Case No. 2010-001945-CI-13 of the Circuit Court for Pinellas County, Florida, the Clerk of Court will sell to the highest and best bidder for cash, at the online sale at www.pinellas.realforeclose.com beginning at 10:00 a.m. on the 30th day of November, 2011, the following described property as set forth in said Uniform Final Judgment of Foreclosure:
SEE EXHIBITS “A” and “B”
ATTACHED HERETO
EXHIBIT A
Lot 1, Block 1, PINELLAS SUNCOAST TRANSIT AUTHORITY SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 95, Page 25, of the Public Records of Pinellas County, Florida.
AND
A portion of the NE 1/4 of the NW 1/4 of Section 26, Township 31 South, Range 16 East, Pinellas County, Florida; being more particularly described as follows:
From the Northwest corner of Lot 1, Block 1, HECTOR'S THIRD REPLAT AND ADDITION, according to map or plat thereof as recorded In Plat Book 81, Page 31, of the Public Records of Pinellas County, Florida; thence, West parallel with the existing centerline of railroad mainline SV-87 (Seaboard System Railroad), 65.00 feet to the Point of Beginning; thence, S 00°05'03” E, parallel with and 65.00 feet as measured at right angles to the West line of said Lot 1 and its Southerly extension, 142.57 feet to the Northeast corner of a State of Florida Department of Transportation Right-of-Way taking per Partial Final Judgment, circuit Court for Pinellas County, Florida, Civil Action No. 77-1869-19: thence along said taking by the following two (2) courses:
1. S. 89°54'57” W., 12.00 feet;
2. S. 00°05'03” E., 30.00 feet to a State of Florida Department of Transportation Right-of-Way taking as recorded In Instrument # 77082241, O.R. Book 4552, Pages 435-440, Public Records of Pinellas County, Florida;
thence S. 01°03'42” W., along said taking line, 127.43 feet; thence West parallel with the aforementioned existing railroad centerline, 485.45 feet; thence North 00°05'03” W, 300.00 feet to a point 30.00 feet as measured at right angles to the aforementioned existing railroad centerline; thence, East parallel with and 30.00 feet as measured at right angles to said centerline, 500.00 feet to the Point of Beginning.
LESS:
A portion of the Northeast 1/4 of the Northwest 1/4 of Section 26, Township 31 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows:
From the Northwest corner of Lot 1, Block 1 HECTOR'S THIRD REPLAT AND ADDITION, according to map or plat thereof as recorded in Plat Book 81, Page 31, Public Records of Pinellas County, Florida; thence West parallel with the existing centerline of railroad mainline SV-87 (Seaboard System Railroad), 65 feet to the Point of Beginning; thence S. 00 deg 05'03” E., parallel with and 65.00 feet as measured at right angles to the West line of said Lot 1 and its Southerly extension 142.57 feet; thence West, parallel with the aforementioned existing railroad centerline, 12.00 feet; thence N. 00 deg 05'03” W., 142.57 feet to a point on a line parallel with and 30 feet (as measured at right angles) South of the aforementioned existing railroad centerline; thence East along said line, parallel with said railroad centerline, 12 feet to the Point of Beginning.
EXHIBIT “B”
All leasehold estate, and all right, title and interest of Debtor in and to all leases or subleases covering the Land or any portion thereof now or hereafter existing or entered into, and all right, title and interest of Debtor thereunder, including, without limitation, all cash or security deposits, advance rentals, and deposits or payments of similar nature.
All right, title and interest of debtor in and to all options to purchase or lease the Land or any portion thereof or interest therein, and any greater estate in the Land owned or hereafter acquired.
All easements, streets, ways, alleys, rights-of-way and rights used in connection with the Land or as a means of access thereto, and all tenements, hereditaments and appurtenances thereof and thereto, and all water rights.
Any and all buildings, structures and improvements now or hereafter erected thereon, including, but not limited to the fixtures, attachments, appliances, equipment, machinery, and other articles attached to said buildings, structures and improvements (sometimes hereinafter referred to as the “Improvements”).
All fixtures, appliances, machinery, equipment, furniture, furnishings and articles of personal property now or hereafter affixed to, placed upon or used in connection with the operation of any of said properties and all gas, steam, electric, water and other hearing, cooking, refrigerating, lighting, plumbing, ventilating, irrigating and power systems, machines, appliances, fixtures, and appurtenances which are now or may hereafter pertain or be used with, in or on the Land or the Improvements, even thought they may be detached or detachable and all building improvement and construction materials, supplies and equipment hereafter delivered to said Land contemplating installation or use in the constructions thereon and all rights and interest of Debtor in building permits and architectural plans and specifications relating to contemplated constructions or Improvements thereon; and all other Good (including Consumer Goods, Inventory, Equipment and Farm Products), Accounts, Chattel Paper (including Electronic Chattel Paper and tangible Chattel Paper) and Instruments; General Intangibles (including Payment Intangibles and Software), Letter-of-Credit Rights, Documents and Deposit Accounts (all as such terms are defined in the Uniform Commercial Code, as now adopted or amended from time to time I the State of Florida, including, without limitation, any and all licenses, permits, franchises, trademarks, tradenames, service marks or logos; any of which is, are or shall hereafter be located upon, attached, affixed to or used or useful, either directly or indirectly, in connection with the complete and comfortable use, occupancy and operation of the Real Property, Improvements and appurtenances for any business enterprise or operation as may now or hereafter be conducted upon or within said Real Property and Improvements, as well as the proceeds thereof or therefrom regardless of form (sometimes hereinafter referred to as the “Personal Property”).
All awards and proceeds of condemnation for the Land, the Improvements, or the Personal Property, or any part thereof to which Debtor is entitled for any taking of all or any part of the Land, the Improvements, or the Personal Property by condemnation or exercise of the right of eminent domain.
All rents, issues and profits of the Land and all the estate, right, title and interest of every nature whatsoever of the Debtor in and to the same.
All construction, marketing, management, engineering and architectural contracts and all other contracts and documents related to the Land, the Improvements or the Personal Property and all lease, rental, sale, franchise and reservation agreements covering any of the Land, the Improvements, or the Personal Property, and without limitation all proceeds and chsoes in action arising under any insurance policies maintained with respect to all or any part of the Land, the Improvements or the Personal Property.
All sewer and water taps pertaining or relating to the Land or the Improvements or any part thereof and all pre-paid hook-up charges, so-called “tap-in” fees, connection charges and the like related thereto, including “impact fees”, if any.
All rights, title and interest of Debtor in and to all trade names now or thereafter used in connection with the Land, the Improvements, or the Personal Property.
All proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing items.
**ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (60) DAYS AFTER THE SALE. **
Submitted this 3rd day of October, 2011.
In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact the individual or agency sending this notice no 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.
LORI V. VAUGHAN
Florida Bar No. 0154921
TRENAM, KEMKER, SCHARF, BARKIN, FRYE, O'NEILL &
MULLIS, P.A.
101 E. Kennedy Blvd, Suite 2700
Tampa, FL 33602
Phone: (813)223-7474
Attorneys for Plaintiff
5824818v1-101095
October 7, 14, 2011 11-06800