12-1496H

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO. 2009 CA 17902 F
DIVISION: F
SECTION I
CENTURY BANK, F.S.B.,
Plaintiff, v.
AF JULIAN, LLC, JAMES R. BROWN, SR., ELISA E. BROWN, BROWNSTONE BUILDERS &
ASSOCIATES, LLC, FRANK X. DALY, and CAROL DALY,
Defendants.
NOTICE is hereby given that, pursuant to a Final Judgment entered April 16, 2012, in Case Number 2009 CA 17902 F in the Circuit Court of Hillsborough County, Florida, the Hillsborough County Clerk of Court shall offer for sale the property situate in Hillsborough, Florida, described as:
PARCEL 1
The East 150.00 feet of the West 200.00 feet of Lot 3, SUBDIVISION OF THE EAST 2804 FEET OF GOVERNMENT LOTS 2 AND 3; lying in Section 23, Township 30 South, Range 19 East, according to the map or plat thereof as recorded in Plat Book 9, Page 45, of the public records of Hillsborough County, Florida.
PARCEL 2
The West 50.00 feet of Lot 3, and the East 100.00 feet of Lot 4, SUBDIVISION OF THE EAST 2804 FEET OF GOVERNMENT LOTS 2 AND 3; lying in Section 23, Township 30 South, Range 19 East, according to the map or plat thereof as recorded in Plat Book 9, Page 45; public records of Hillsborough County, Florida
PARCEL 3
That part of Lots 4 and 5, SUBDIVISION OF THE EAST 2804 FEET OF GOVERNMENT LOTS 2 AND 3, lying in Section 23, Township 30 South, Range 19 East, Hillsborough County, Florida, more particularly described as follows:
Beginning 200.00 feet East of and 1005.00 feet South of the Northwest corner of Lot 4, and run South 429.00 feet to the Alafia River; thence Southwesterly, Southerly and Southwesterly along said river to the Southwest comer of Lot 5; thence North 980.00 feet along the West boundary of said Lot 5, to a point 1008.00 feet South of the Northwest corner of said Lot 5; thence East 208.00 feet; thence North 3.00 feet; thence East 292.00 feet to the POINT OF BEGINNING; LESS that platted portion within BRANDWOOD SUBDIVISION, as recorded in Plat Book 41, Page 64; of the pubic records of Hillsborough County, Florida.
PARCEL 4
The South 100.00 feet of the North 805.00 feet of the West 200.00 feet of Lot 4; AND the South 100.00 feet of the North 805.00 feet of the East 92.00 feet of Lot 5, SUBDIVISION OF THE EAST 2804 FEET OF GOVERNMENT LOTS 2 AND 3; lying in Section 23, Township 30 South, Range 19 East, in Plat Book 9, Page 45; of the Public Records of Hillsborough County, Florida.
AND
The South 85 feet of the North 705 feet of the West 200 feet of Lot 4 and the East 92 feet of the South 85 feet of the North 705 feet of Lot 5, SUBDIVISION OF THE EAST 2804 FEET OF GOVERNMENT LOTS 2 AND 3, lying in Section 23, Township 30 South, Range 19 East, as recorded in Plat Book 9, Page 45; of the Public Records of Hillsborough County, Florida, LESS AND EXCEPT the following described parcel to wit:
The South 18.00 feet of the following described parcel of land: The West 200.00 feet of the North 638.00 feet of Lot 4 LESS the North 18.00 feet thereof for Right-of-Way; AND the East 62.00 feet of the North 638.00 feet of Lot 5, LESS the North 18.00 feet thereof for Right-of-Way, SUBDIVISION OF THE EAST 2804 FEET OF GOVERNMENT LOTS 2 AND 3, lying in Section 23, Township 30 South, Range 19 East, as recorded in Plat Book 9 Page 45; of the Public Records of Hillsborough County, Florida.
PARCEL 5
The West 200.00 feet of the North 638.00 feet of Lot 4, LESS the North 18.00 feet thereof for right of way; and the East 62.00 feet of the North 638.00 feet of Lot 5, LESS the North 18.00 feet thereof for right of way; SUBDIVISION OF THE EAST 2804 FEET OF GOVERNMENT LOTS 2 AND 3, lying in Section 23, Township 30 South, Range 19 East, Hillsborough County, Florida, according to the map or plat thereof, as recorded in Plat Book 9, Page 45, Public Records of Hillsborough County, Florida.
Together with:
A. all structures and improvement on the Real Property;
B. all right, title, and interest of Mortgagor to the minerals, soil, flowers, shrubs, crops, trees, timber, emblements and other products on, under or above the Real Property, or any part or parcel thereof;
C. all of Mortgagor's right, title, interest, and privileges arising under all contracts and permits entered into or obtained in connection with the development or operation of the Real Property, including by way of example and not in limitation: all development and construction permits, approvals, resolutions, variances, licenses, and franchises granted by municipal, county, state, and federal governmental authorities, or any of their respective agencies; all architectural, engineering, and construction contracts; all drawings; plans; specifications and plats; and all contracts and agreements for the furnishing of utilities;
D. all of Mortgagor's interest in all utility security deposits or bonds deposited in connection with the Real Property;
E. all of Mortgagor's interest as lessor in and to all leases or rental arrangements affecting all or any part of the Real Property and all other rents and profits derived from the Real Property, all income or proceds from the development of or economic activity upon any part of the Real Property;
F. all of Mortgagor's interest in and to any and all contracts and agreements for the sale of the Real Property, or any part thereof or any interest therein, all of Mortgagor's interest in and right to earnest money deposits made upon such contracts and agreements;
G. all land improvements to and upon the Real Property, including water, sanitary, and storm sewer systems, and all related equipment and appurtenances thereto, located in, upon, over or under the Real Property;
H. all machinery, apparatus, equipment, fittings, and fixtures, whether actually or constructively attached to the Real Property, and all trade, domestic, and ornamental fixtures and articles of personal property of every kind and nature whatsoever located in, upon, over or under the Real Property of every kind and nature whatsoever usable in connection with any operation or development of the Real Property, and acquired by Mortgagor, including by way of example and not in limitation: heating, air conditioning, freezing, lighting, laundry, incinerating, and power equipment; engines, pipes, wells, water filtering systems and softening devices, water heaters, pumps, tanks, and motors; all swimming pools and apprutenances thereto; all electrical and plumbing installations; all furniture, furnishings, wall and floor coverings, blinds, elevators, appliances, television antennas and cables, storm and screen windows and doors, and lighting fixtures; all building materials and equipment delivered to the Real Property or stored at an off-site location which are intended to be installed on the Real Property.
I. all right, title and interest of Mortgagor in and to all unearned premiums accrued, accruing, or to accrue under any and all insurance policies existing which covers all or any portion of the Mortgaged Property; all proceeds or sums payable for the loss of or damage to all or any portion of the Mortgaged Property; all payments received under warranties applicable to all or any portion of the Mortgaged Property; and any other amounts received in satisfaction of claims for defects in all or any portion of the Mortgaged Property.
Together with the entire interest of borrower in, to and under the Contracts and all other construction contracts relating to the construction of the Improvements on the Premises and any and all subsequent contracts and renewals and modifications thereof between Borrower and General Contractor or any other contractor (the General Contractor and all other contractors being hereinafter referred to collectively as the “Contractors”) relating to the improvements or any other improvements being erected on the Premises, together with all the Borrower's right, title and interest in and to, and arising from, the Plans and Permits. The term “Contracts” shall include all renewals and modifications thereof.
Together with Assignor's right title and interest is that certain Certificate of Deposit #300671814 between Assignor and Assignee.
Together with the entire interest of Borrower in, to and under the Contracts and all other construction contracts relating to the construction of the Improvements on the Premises and any and all subsequent contracts and renewals and modifications thereof between Borrower and General Contractor or any other contractor (the General Contractor and all other contractors being hereinafter referred to collectively as the “Contractors”) relating to the improvements or any other improvements being or to be erected on the Premises, together with all of the Borrower's right, title and interest in and to, and arising from, the Plans and Permits.
Together with all of the right, title and interest of the Borrower in, to and under (a) those certain drawings, plans and specifications listed on Schedule I hereto, all of which were prepared by Hillcrest Associates (hereafter called “Architect”), and any future drawings, plans and specification prepared by the Architect and all amendments, modifications and supplements to any of the foregoing (all of the foregoing being hereafter called the “Final Plans”) and (b) that certain Agreement between Borrower and Architect.
Together with all leases and other tenant arrangements (“Lease”), which affect all or any portion of the Property, and otherwise grant Lender all of the rights as hereinafter set forth.
Together with the Lease(s), together with all rents, income and profits arising from the Lease(s) and any and all other rents, income or profits for the use and occupancy of the Property by any person, firm, corporation or other legal entity from whatever source derived.
1. All the third party contract rights, security deposits, rents, revenues of any kind or nature, issues, profits and insurance proceeds arising from the Property, all leases affecting the Property and all contracts and contract rights held by Borrower relative to the sale of any portion of the Property.
2. The leasehold and contract rights of Borrower in and to the Property and to receive said rents, revenues, issues and profits therefrom whether they arise under leases and/or contracts entered into and the leasehold and contract interest of Borrower to the Property and to sue for and to collect rents, revenues, issues and profits due and which become due relative to said leasehold interest.
at Public Sale, to the highest and best bidder for cash in room 201/202 on the 2nd floor of the George E. Edgecomb Courthouse, 800 East Twiggs Street, Tampa, Florida 33602 at 10:00 A.M. on the 23 day of May, 2012.
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 Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the ADA Coordinator, not later than five days prior to the proceeding at the Hillsborough County Courthouse, 800 East Twiggs Street, Tampa, Florida 33602-3549, Telephone: (813) 276-8100 x4205. If hearing impaired, call 711.
Dated: April 20, 2012.
PAT FRANK
Clerk Of Court
Hillsborough County, Florida
(Seal) By Francisco R. Hernandez
As Deputy Clerk
Attorney for Plaintiff:
Anthony J. Abate, Esq.
P.O. Box 49948
Sarasota, FL 34230
SLK_SAR: #131119v2
April 27; May 4, 2012 12-1496H