12-1063P

FIRST INSERTION
NOTICE OF SALE PURSUANT TO
CHAPTER 45, FLORIDA STATUTES
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CASE NO. 2012 CA 0568 ES
MTGLQ INVESTORS, L.P., a
Delaware limited partnership,
Plaintiff, v.
MEDPARK DEVELOPMENT-SUNCOAST CROSSINGS, LLC, a Florida limited liability company; TYLER D. REIBER, an individual; KERRY T. BOROSH, an individual; MICHAEL O. ABDONEY, an
individual; ABDONEY
ENTERPRISES, LLLP, a Florida limited partnership; SUNCOAST CROSSINGS MASTER
ASSOCIATION, INC.,
a Florida non-profit corporation; and JOHN DOES AS
TENANTS-IN-POSSESSION,
unknown entities or individuals;
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure dated March 27, 2012, entered in Case No. 2012 CA 0568 ES of the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, Florida, wherein MTGLQ INVESTORS L.P., a Delaware limited partnership, is the Plaintiff, and MEDPARK DEVELOPMENT-SUNCOAST CROSSINGS, LLC, a Florida limited liability company; TYLER D. REIBER, an individual; KERRY T. BOROSH, an individual; MICHAEL O. ABDONEY, an individual; ABDONEY ENTERPRISES, LLLP, a Florida limited partnership; SUNCOAST CROSSINGS MASTER ASSOCIATION, INC., a Florida non-profit corporation; and JOHN DOES AS TENANTS-IN-POSSESSION, unknown entities or individuals; are the Defendants, I will sell to the highest and best bidder for cash at www.pasco.realforeclose.com at 11:00 A.M. on the 1st day of May, 2012, the following described property:
SEE ATTACHED EXHIBIT A
EXHIBIT A
Real Property
Legal Description
A parcel of land lying within Section 31, Township 26 South, Range 18 East, Pasco County, Florida, being more particularly described as follows:
For a Point of Reference commence at the most Northerly corner of Tract “A”, IVY LAKE ESTATES, Parcel One, Phase One as per the map or plat thereof as recorded in Plat Book 44, Pages 14 through 22 inclusive in the Public Records of Pasco County, Florida, said point also being on the Southerly right-of-way of State Road 54; thence along the Easterly boundary of said Tract “A”, IVY LAKE ESTATES the following three (3) courses and distances: 1) S.24°45'12”E., a distance of 197.02 feet to a point of curvature; (2) Southeasterly 858.50 feet along the arc of a curve to the left, said curve having a radius of 1,200.00 feet, a central angle of 40°59'25”, and a chord bearing and distance of S.45°14'55”E., 840.31 feet; (3) S.65°44 137”E., a distance of 163.03 feet for a POINT OF BEGINNING; thence N.24°15'23”E., a distance of 87.36 feet; thence N.65°13'29”E., a distance of 438.22 feet; thence S.24°36'37”E., a distance of 365.09 feet to the Northeast corner of that certain parcel described in Official Records Book 6535, Page 300, of the public records of Pasco County, Florida; thence along said certain parcel the following two (2) courses and distances: 1) N.58°56'15”W., a distance of 213.57 feet; 2) S.31°03'45”W., a distance of 225.01 feet to the Easterly boundary of said Tract “A”, IVY LAKE ESTATES and a non-tangent point of curvature; thence along the Easterly boundary of said Tract “A”, IVY LAKE ESTATES the following two (2) courses and distances: 1) Northwesterly 205.44 feet along the arc of a curve to the left, said curve having a radius of 1,050.00 feet, a central angle of 11°12'37”, and a chord bearing and distance of N.60°08'19”W., 205.11 feet; 2) N.65°44'37”W., a distance of 119.44 feet to the POINT OF BEGINNING.
TOGETHER WITH easements for ingress and egress, utilities and otherwise through and across the above described land (said easements having been created pursuant to the terms of
that certain Declaration of Restrictive Covenants for Suncoast Crossings Professional Park, Pasco County, Florida dated May 18, 2007, and recorded in Official Records Book 7507, Page 1245, of the Public Records of Pasco County, Florida.
Personal Property
All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the Property described in Exhibit “A” (herein referred to as “Property”) or under or above the same or any part or parcel thereof.
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the Property and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter 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 and now owned or hereafter acquired by Debtor, including, but without limiting 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 conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; stogy in doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings; together with all building materials and equipment now or hereafter 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.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter 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.
All paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Property or any part or parcel thereof.
All of Debtor's interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by Debtor or any extension or renewal thereof, 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.
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 or the property described in this Exhibit.
All of the right, title and interest of the Debtor in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter 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 the property described herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon or operation of the Property, or sale of the Property or portions thereof, including but not limited to purchase and sale agreements between Debtor, as seller, and third party purchasers, for the purchase of improvements to be constructed upon the Property, and deposits thereunder.
All Debtor's rights, title and interest in and to utility deposits, connection fees (including, but not limited to any fees payable to Debtor for use by others of any lift station, forcemains, gravity lines and related facilities constructed by Debtor to service the Property and/or other property), reservation fees, reserve availability charges, system capacity charges, earnest money deposits under purchase contracts or other similar type deposits or fees.
All Debtor's rights to any fictitious or other names or trade names used in conjunction with the said real and personal property.
All furniture, furnishings, appliances and equipment and all other tangible personal property now or hereafter owned or acquired by the Debtor and now or hereafter 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 or which may hereafter at any time be placed in or added thereto and also any and all replacements and proceeds of any such Property.
All present and future rents, issues, profits and income from the Property, and each and every part and parcel thereof, and also all present and future right, title and interest of the Debtor under and by virtue of each and every franchise, license, permit, lease, contract for deed or purchase and sale agreement, or any other document or contractual right, written or verbal, covering any part or parcel of the Property, whether now or hereafter made, and any and all amendments to or modifications, extensions or renewals thereof and all proceeds thereof; all present and future rents, issues, profits, income, accounts, accounts receivable and the proceeds thereof of any business activity conducted by Debtor on or through the use of the Property; all bank accounts and deposit accounts into which any of the proceeds of the foregoing are deposited; and proceeds of all the foregoing.
All present and future inventory of goods, products, parts, apparatus, machinery, accessories, supplies and materials of every kind kept by Debtor upon the Property for sale, manufacture, installation, shipment or otherwise in conjunction with Debtor's business conducted upon the Property.
All rents, issues, contracts for deed, purchase agreements, accounts receivable, accounts, deposit accounts, contracts, plans, specifications, permits, developer/declarant rights, privileges and benefits, and other contractual rights of Debtor, whether now or hereafter existing in property described herein, and proceeds thereof, as more particularly described in the Real Estate Mortgage, Assignment of Rents and Security Agreement executed by Debtor herein in favor of Secured Party, dated May 2007.
Proceeds of collateral are covered as provided in Sections 679.203 and 679.306 Florida Statutes. Products of collateral are covered.
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.
In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Public Information Dept,. Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext 8110 (V) in Dade City, 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; if you are hearing impaired call 711.
Dated this 30th day of March, 2012.
By: JEFFREY GILBERT
Florida Bar No. 375411
LINDA M. RECK
Florida Bar No. 0669474
GREENBERG TRAURIG, P.A.
Attorneys for Plaintiff
401 East Las Olas Boulevard,
Suite 2000
Fort Lauderdale, Florida 33301
Telephone: (954) 765-0500
Telefax: (954) 765-1477
April 6, 13, 2012 12-1063P