12-03119

FIRST INSERTION
NOTICE OF FORECLOSURE SALE
UNITED STATES DISTRICT
COURT OF THE MIDDLE
DISTRICT OF FLORIDA
TAMPA DIVISION
Case No. 8:11-cv-2305-T-30AEP
STEARNS BANK NATIONAL
ASSOCIATION, etc.,
Plaintiff, v.
MARRICK PROPERTIES, LLC, et al.,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Final Judgment of Foreclosure and Order of Sale entered on April 5, 2012, in that certain cause pending in the United States District Court, Middle District of Florida, Tampa Division, wherein STEARNS BANK, N.A., is the Plaintiff, and MARRICK PROPERTIES, LLC, RICHARD HOE and LISA ULRICH are the Defendants, Case No. 8:11-cv-2305-T-30AEP, Matthew J. Meyer, Special Master, will at 10:00 a.m. on May 10, 2012, after giving notice as required by 28 U.S.C. § 2002, offer for sale and sell
to the highest bidder for cash, on the steps in front of the main entrance of the St. Petersburg Judicial Building, 545 1st Avenue North, St. Petersburg, Florida 33701, the following described property, situate and being in Pinellas County, Florida to-wit.
The East 45 feet of the South 100 feet of Lot 10, Block 16, REVISED MAP OR THE CITY OF ST. PETERSBURG, and the South 10 feet of the East 45 feet of the North 100 feet of said Lot 10, REVISED MAP OF THE CITY OF ST. PETERSBURG, according to the Plat thereof as recorded in Plat Book 1, Page 49, of the Public Records of Pinellas County, Florida.
Together with that certain easement for encroachment as granted in that certain Easement and Disclaimer Agreement by and between Mayfair Hotel Corporation, a Florida Corporation and W.E. Batchellor, Jr., recorded September 10, 1987 in Official Records Book 6578, page 2030, of the Public Records of Pinellas County, Florida.
together with the personal property identified in the Final Judgment, and described as:
A. Accounts: Any and all accounts, accounts receivable, receivables, contract rights, book debts, checks, notes, drafts, instruments, chattel paper, acceptances, choses in action, any and all amounts due to Marrick Properties, LLC from a factor or other forms of obligations and receivables now existing or hereafter arising out of the business of Marrick Properties, LLC, as well as any and all returned, refused and repossessed goods, and the cash or non-cash proceeds resulting therefrom.
B. Inventory: Any and all of Marrick Properties, LLC's inventory, including without limitation any and all goods held for sale or lease or being processed for sale or lease in Marrick Properties, LLC's business as now or hereafter conducted, whether now owned or hereinafter acquired, including all materials, goods and work in process, finished goods, and other tangible property held for sale or lease or furnished or to be furnished under contracts of service or used or consumed in Marrick Properties, LLC's business, along with all documents (including documents of title) covering inventory, all cash and non-cash proceeds from the sale of inventory including proceeds from insurance.
C. Equipment: Any and all of Marrick Properties, LLC's goods held as equipment, including, without limitation, all machinery, tools, dies, furnishings, or fixtures, wherever located, whether now owned or hereafter acquired, together with all increases, parts, fittings, accessories, equipment, and special tools now or hereafter affixed to any part thereof or used in connection therewith.
D. General Intangibles: Any and all of Marrick Properties, LLC's general intangible property, whether now owned or hereafter acquired by Marrick Properties, LLC or used in Marrick Properties, LLC's business currently or
hereafter, including, without limitation, all patents, trademarks, service marks, trade secrets, copyrights and exclusive licenses (whether issued or pending), literary rights, contract rights and all documents, applications, materials and other matters related thereto, all inventions, all manufacturing, engineering and production plans, drawings, specifications, processes and systems, all trade
names, goodwill and all chattel paper, documents and instruments relating to such general intangibles, excluding from all of the foregoing any item to the extent the grant of a security interest therein by Marrick Properties, LLC would be a violation of, or would constitute a default under, any instrument creating or granting to Marrick Properties, LLC a right of use of any of the foregoing. However, Marrick Properties, LLC shall use its best efforts to obtain the consent of any such party granting the right of use of any of the foregoing to the grant of the security interest herein, and if obtained, that item shall not be excluded.
E. Deposit Accounts: The balance of every deposit account of Marrick Properties, LLC under control of Stearns Bank and any other claim of Marrick Properties, LLC against Stearns Bank, now or hereafter existing, liquidated or unliquidated, and all money, instruments, securities, documents, chattel paper, credits, claims, demands, income, and any other property, rights and interests of Marrick Properties, LLC which at any time shall come into the possession or custody or under the control of Stearns Bank or any of its agents, affiliates or correspondents, for any purpose, and the proceeds of any thereof. Stearns Bank shall be deemed to have possession of any of the collateral in transit to or set apart for it or any of its agents, affiliates or correspondents.
F. Rents, Leases and Profits: All of the right, title and interest of Marrick Properties, LLC in and to any and all rentals, licenses, leases and profits, and all future rentals, licenses, leases and profits upon all or any part of the afore-described real property, also known as the Pier Hotel, together with any and all amendments, modifications, extensions, renewals and replacements thereof, and all guaranties of the lessees' obligations under any leases, and also together with the right, but not the obligation, to collect all of the rents, issues, profits and other sums which may become due under any leases, rentals, licenses or otherwise from the afore-described real property.
Said sale will be made pursuant to and in order to satisfy the terms of said Final Judgment of Foreclosure and Order of Sale.
DATED this 9th day of April, 2012.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT ALYCIA MARSHALL NOT LATER THAN SEVEN DAYS PRIOR TO THE PROCEEDING AT: (813) 301-5455. IF YOU ARE HEARING OR VOICE IMPAIRED, CALL 711.
PHILIP V. MARTINO
Florida Bar No. 79189
[email protected]
LAUREN G. RAINES
Florida Bar No. 11896
[email protected]
QUARLES & BRADY LLP
101 E. Kennedy Blvd., Suite 3400
Tampa, Florida 33602
(813) 387-0300 (phone)
(813) 387-1800 (facsimile)
Attorneys for Plaintiff
Apr. 13, 20, 27; May 4, 2012 12-03119