12-3036H

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
CIVIL DIVISION
Case No.: 11-CA-013507
Division: G
GE COMMERCIAL FINANCE BUSINESS PROPERTY
CORPORATION f/k/a GENERAL ELECTRIC CAPITAL BUSINESS ASSET FUNDING
CORPORATION,
Plaintiff, vs.
BB BRANDON ASSOCIATES, L.L.C., an Ohio limited liability company; BORDERS, INC., a
Colorado corporation a/k/a BORDERS BOOK & MUSIC, INC.; BRANDON CROSSROADS
ASSOCIATION, INC., a Florida non profit corporation; THREE BOYS CONSULTING, LLC, a Tennessee limited liability company d.b.a. HALLOWEEN EXPRESS; JOHN DOE; and JANE DOE,
Defendants.
Notice is hereby given that, pursuant to the Uniform Final Judgment of Foreclosure entered in this cause on July 13, 2012, I will sell the real and personal property situated in Hillsborough County, Florida, described in Exhibit “A” and Exhibit “B” attached hereto, at public sale to the highest and best bidder, for CASH, in Room 201/202 on the second floor of the George E. Edgecomb Courthouse, located at 800 E. Twiggs Street, Tampa, Florida 33602, beginning at 2:00 P.M. on September 5, 2012.
EXHIBIT “A” -
PARCEL I-Fee Simple:
Lot 1A, Brandon Crossroads, A Platted Subdivision - No Improvements, according to the Plat thereof, recorded in Plat Book 95, Pages 27-1 through 27-4, inclusive , of the Public Records of Hillsborough County, Florida.
PARCEL II-Easement:
Together with those rights and non-exclusive easements constituting rights in real property created, defined and limited by that certain Declaration of Covenants, Restrictions and Easements Article 4.1 and 4.2 (including but not limited to any and all private roads pursuant thereto) recorded in Official Record Book 11822, Page 637, Public Records of Hillsborough County, Florida.
PARCEL III-Easement:
Together with those rights and non-exclusive easements constituting rights in real property created, defined and limited by that certain Grant of Easement recorded in Official Record Book 4103, Page 1313; Official Record Book 5468, Page 1051; together with Modification recorded in Official Record Book 8653, Page 618 and Third Modification to Grant of Easement recorded in Official Record Book 12113, Page 1168, (specifically the right in/right out contemplated therein) of the Public Records of Hillsborough County, Florida.
PARCEL IV-Easement:
Together with those rights and easements constituting rights in real property created, defined and limited by that certain Drainage Easement by and between Tampa- Hillsborough County Expressway Authority, a body politic and corporate and agency of the State of Florida; South Tampa, Ltd., a Florida limited partnership; Kennedy First Investments, Inc., a Florida corporation and Brandon Crossroads Association, Inc., a Florida, not for profit corporation, dated October 14, 2002 and recorded October 16, 2002 in Official Record Book 12019, Pages 170 through 177, of the Public Records of Hillsborough County, Florida.
PARCEL V-Easement:
Together with those rights and easements constituting rights in real property created, defined and limited by that certain Driveway Easement created pursuant to Item 8 of the proposed First Amendment to Declaration of Covenants, Restrictions and Easements, recorded in Official Record Book 12597, Page 608, in the Public Records of Hillsborough County, Florida.
PARCEL VI-Easement:
Together with Tract “A” (Badlands Drive and Samuel Boulevard), and all other easements, including but not limited to drainage and access, pursuant to the Plat of Brandon Crossroads, a Platted Subdivision-No Improvements, recorded in Plat Book 95, Page 27, in the Public Records of Hillsborough County, Florida.
EXHIBIT B
Debtor: BB BRANDON ASSOCIATES, L.L.C., an Ohio limited liability company
all of the right, title and interest of Debtor in, to and under:
1. All fixtures, equipment, landscaping, and articles of property now or hereafter attached to, or used or adapted for use in the operation of buildings, structures, improvements, and parking areas located on the real estate (herein the “Premises”) described in Exhibit A, including but without being limited to; all heating, air conditioning, lighting, and incinerating apparatus and equipment; all boilers, engines, motors, dynamos, generating equipment, piping and plumbing fixtures, water heaters, ranges, cooking apparatus and mechanical kitchen equipment, refrigerators, freezers, cooling, ventilating, sprinkling and vacuum cleaning systems, fire extinguishing apparatus, gas and electric fixtures, carpeting, floor coverings, underpadding, elevators, escalators, partitions, mantels, built-in mirrors, window shades, blinds, draperies, screens, storm sash, awnings, signs, furnishings of public spaces, halls and lobbies, and shrubbery and plants, and including also all interest of any owner of the Premises in any of such items hereafter at any time acquired under conditional sale contract, chattel mortgage or other title retaining or security instrument, all of which property mentioned in this paragraph 1 shall be referred to as the “Improvements” and shall be deemed part of the realty and not severable wholly or in part without material injury to the freehold of the Premises.
2. All compensation, awards, damages, rights of action and proceeds, including interest thereon and/or the proceeds of any policies of insurance therefor, arising out of or relating to a (a) taking or damaging of the Premises or improvements thereon by reason of any public or private improvement, condemnation proceeding (including change of grade), sale or transfer in lieu of condemnation, or fire, earthquake or other casualty, or (b) any injury to or decrease in the value of the Premises or the improvements for any reason whatsoever.
3. Return premiums or other payments upon any insurance any time provided for the benefit of naming Plaintiff with respect to the Premises, Improvements and other collateral described herein, and refunds or rebates of taxes or assessments on the Premises.
4. All written and oral leases and rental agreements (including extensions, renewals and subleases; all of the foregoing shall be referred to collectively herein as the “Leases”) now or hereafter affecting the Premises including, without limitation, all rents, issues, profits and other revenues and income therefrom and from the renting, leasing or ballment of improvements, all guaranties of tenants' performance under the Leases, and all rights and claims of any kind that Debtor may have against any tenant under the Leases or in connection with the termination or rejection of the Leases in a bankruptcy or insolvency proceeding.
5. Plans, specifications, contracts and agreements relating to the design or construction of the Improvements; Debtor's rights under any payment, performance, or other bond in connection with the design or construction of the Improvements; all landscaping and construction materials, supplies, and equipment used or to be used or consumed in connection with construction of the Improvements, whether stored on the Premises or at some other location; and contracts, agreements, and purchase orders with contractors, subcontractors, suppliers, and materialmen incidental to the design or construction of the Improvements.
6. All contracts, accounts, rights, claims or causes of action pertaining to or affecting the Premises or the Improvements, including, without limitation, all options or contracts to acquire other property for use in connection with operation or development of the Premises or Improvements, management contracts, service or supply contracts, permits, licenses, franchises and certificates, and all commitments or agreements, now or hereafter in existence, intended by the obligor thereof to provide Debtor with proceeds to satisfy the loan evidenced hereby or improve the Premises or Improvements, and the right to receive all proceeds due under such commitments or agreements including refundable deposits and fees.
7. All books, records, surveys, reports and other documents related to the Premises, the Improvements, the Leases, or other items or collateral described herein.
8. All additions, accessions, replacements, substitutions, proceeds and products of the real and personal property, tangible and intangible, described herein.
All of the foregoing described collateral is exclusive of any inventory, equipment, furniture, furnishings or trade fixtures owned or supplied by tenants of the Premises.
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.
If you are a person with a disability who needs an 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 ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs St., Room 604, Tampa, Florida 33602, (813) 272-7040, 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 or voice impaired, call 711.
RABIAN M. BROOKS III, Esq.
Florida Bar No. 0136182
THOMPSON & BROOKS
412 E. Madison Street, Suite 900
Tampa, Florida 33602
Telephone: (813) 387-1821
Telecopier: (813) 387-1824
Attorneys for Plaintiff
August 3, 10, 2012 12-3036H