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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 11-001619
Division: B
LSREF2 CLOVER TRUST 2011, a Delaware statutory trust,
Plaintiff, v.
SOMEROCK UNIVERSITY MALL OWNER, LLC, a Delaware limited liability company; SOMERA
INVESTMENT PARTNERS, LLC, a California limited liability company; ROCKWOOD VII REIT, INC., a Maryland corporation; 3D
CONSTRUCTION SERVICES INC., a Florida corporation; T.L. SHEET
METAL, INC., a Florida
corporation; ASHBY WILLIAMS CONSTRUCTION SERVICES, INC. d/b/a SAVANT CONSTRUCTION GROUP, a Florida corporation; BCH MECHANICAL, INC. a/k/a
BCH MECHANICAL, a Florida corporation; R L BUILDING CONTRACTORS, INC., a Florida corporation; RO-MAC LUMBER & SUPPLY, INC., a Florida
corporation; RETAIL
COMMERCIAL RESIDENTIAL
CONSTRUCTION, INC., a Florida corporation; PANDA
RESTAURANT GROUP, INC., a California corporation; HIGH REACH COMPANY, LLC, a Florida limited liability Company; and UNKNOWN TENANTS/OWNERS/SPOUSES IN POSSESSION,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to a Final Judgment entered in the above-styled cause in the Circuit Court of Hillsborough County, Florida, the Clerk of Court shall hold a sale of the subject property situate in Hillsborough County, Florida, described as:
See Exhibit A attached hereto and made a part hereof by
reference as is fully set forth herein
for legal description.
EXHIBIT A
PARCEL I (TRACT 1) Fee Simple:
A parcel consisting of part of the Southeast Quarter of Section 7 and part of the Southwest Quarter of Section 8, Township 28 South, Range 19 East, Hillsborough County, Florida, described as follows:
From the Southeast corner of said Section 7, run North 00° 08' 00” East along the East boundary of said Southeast Quarter of Section 7 for a distance of 71.28 feet to a point, which point is on
the North right-of-way line of State Road 582; thence run North 89° 46' 02” West along said North right-of-way line for a distance of 250.40 feet; thence run South 00° 13' 58” West along said right-of-way line for a distance of 10.00 feet; thence run North 89° 46' 02” West along said right-of-way line for a distance of 167.33 feet to the principal point and place of beginning of the following description; thence continuing along said North line North 89° 46' 02” West for a distance of 15.56 feet to a point; thence North 00° 10' 49” East a distance of 186.22 feet to a point; thence North 89° 39' 23” West for a distance of 248.16 feet to a point; thence South 00° 22' 13” West for a distance of 186.70 feet to a point on the North right-of-way line of Fowler Avenue (State Route 582); thence run with said right-of-way North 89° 46' 02” West for a distance of 622.12 feet to a point which is 30.00 feet East of the West boundary of the Southeast Quarter of the Southeast Quarter of Section 7; thence run North 00° 09' 30” East parallel to said West boundary of the Southeast Quarter of the Southeast Quarter of Section 7 for a distance of 403.94 feet; thence North 89° 46' 02” West for a distance of 30.00 feet to a point on the West boundary of the Southeast Quarter of the Southeast Quarter of Section 7; thence run North 00° 09' 30” East along said west boundary of the Southeast Quarter of the Southeast Quarter of Section 7 for a distance of 844.91 feet to a point which is 25.00 feet South of the North boundary of said Southeast Quarter of the Southeast Quarter of Section 7; thence run South 89° 34' 59” East parallel to said North boundary of the Southeast Quarter of the Southeast Quarter of Section 7 for a distance of 399.99 feet; thence run Northeasterly along the arc of a curve to the left (radius -310.00 feet) for a distance of 162.32 feet (chord - 160.47 feet, chord bearing North 75° 25' 01” East); thence run North 60° 25' 01” East for a distance of 363.00 feet; thence 97.33 feet along an arc to the right having a radius of 410.00 feet and a chord of 97. 11 feet bearing North 67° 13' 05” East; thence run North 00° 13' 58” East for a distance of 88.72 feet to a point; thence run South 89° 34' 59” East for a distance of 3.33 feet to a point; thence run North 00° 07' 35” East for a distance of 482.33 feet to a point; thence run South 89° 46' 02” East for a distance of 1035.23 feet to a point; thence run South 00° 03' 54” East for a distance of 114.46 feet; thence run South 89° 56' 57” West for a distance of 140.01 feet; thence run South 42° 55' 38” West for a distance of 20.01 feet; thence run North 89° 45' 51” West for a distance of 494.43 feet; thence run South 00° 07' 46” West for a distance of 26.25 feet; thence run South 43° 15' 06” East for a distance of 46.72 feet; thence run South 89° 45' 51” East for a distance of 174.51 feet; thence run South 00° 03' 55”' East for a distance of 276.97 feet; thence run North 89° 46' 02” West for a distance of 82.84 feet to a point; thence run North 00° 13' 58”' East for a distance of 9.00 feet to a point; thence run North 89° 46' 02” West for a distance of 94.50 feet to a point; thence run South 00° 13' 58” West for a distance of 9.00 feet to a point; thence run North 89° 46' 02” West for a distance of 407.49 feet to a point; thence run South 00° 13' 58” West for a distance of 194.48 feet to a point; thence run North 89° 51' 48” West for a distance of 83.49 feet; thence run South 00° 08' 12” West for a distance of 202.71 feet; thence run South 89° 51' 48” East for a distance of 18.00 feet; thence run South 00° 08' 12” West for a distance of 36.00 feet; thence run South 89° 51' 48” East for a distance of 42.25 feet; thence run South 00° 08' 12” West for a distance of 4.72 feet; thence run South 89° 46' 02” East for a distance of 281.88 feet to a point; thence run North 00° 13' 58” East for a distance of 89.65 feet to a point; thence run South 89° 46' 02” East for a distance of 21.00 feet to a point; thence run South 00° 13' 58” West for a distance of 34.64 feet to a point; thence run South 89° 46' 02” East for a distance of 278.97 feet to a point; thence run South 00° 13' 58” West for a distance of 179.74 feet to a point; thence run South 89° 46' 02” East for a distance of 50.00 feet to a point; thence run North 00° 13' 58” East for a distance of 17.50 feet to a point; thence run South 89° 46' 02” East for a distance of 77.66 feet to a point; thence run South 48° 57' 07.7” East for a distance of 72.67 feet to a point; thence run South 89° 46' 02” East for a distance of 267.00 feet to a point; thence run North 21° 26' 35” East for a distance of 134.08 feet to a point; thence North 00° 13' 58” East for a distance of 423.83 feet to a point; thence run South 45° 01' 08” East for a distance of 108.85 feet to a point; thence run 288.60 feet along an arc to the right having a radius of 1080.00 feet and a chord of 287.74 feet bearing South 67° 40' 27.6” East; thence run South 60° 01' 08” East for a distance of
266.78 feet to a point which is 25.00 feet South of the North boundary of said Southwest Quarter of the Southwest Quarter of Section 8; thence run North 89° 58' 52” East, parallel to said North Boundary of the Southwest Quarter of the Southwest Quarter of Section 8, for a distance of 60.00 feet to a point on the East boundary of said Southwest Quarter of the Southwest Quarter of Section 8; thence run South 00° 08' 05” West along said East boundary of the Southwest Quarter of the Southwest Quarter of Section 8, for a distance of 1249.92 feet to a point on said North right-of-way line; thence run North 89° 47' 00” West along said North right-of-way line for a distance of 60.00 feet; thence run North 00° 08' 05” East, parallel to said East boundary of the Southwest Quarter of the Southwest Quarter of Section 8, for a distance of 1197.21 feet; thence run North 60° 01' 08” West for distance of 261.14 feet to a point; thence run North 65° 01' 08” West for a distance of 203.07 feet to a point; thence run North 75° 01' 08” West for a distance of 142.66 feet to a point; thence run South 00° 13' 58” West for a distance of 252.59 feet to a point; thence run North 89° 46' 02” West for a distance of 14.66 feet to a point; thence run South 00° 13' 58” West for a distance of 975.78 feet to a point; thence run South 89° 46' 00” East for a distance of 43.42 feet to a point; thence run South 24º 02' 00” East for a distance of 57.75 feet to a point; thence run South 00° 13' 00” West for a distance of 167.25 feet to a point on the North right-of-way line of Fowler Avenue (State Route 582); thence run North 89° 47' 00” West along said North line for a distance of 225.70 feet to a point; thence run North 00° 08' 00” East for a distance of 184.62 feet to a point; thence run North 89° 39' 54” West for a distance of 182.29 feet to a point; thence run South 00° 08' 00” West for a distance of 10.00 feet; thence run North
89° 47' 00” West for a distance of 335.00 feet to a point; thence South 00° 08' 00” West for a distance of 175.00 feet to a point on the aforementioned North right-of-way line; thence run North 89° 47' 00” West along said North line for a distance of 30.00 feet to a point: thence run
North 00° 08' 00” East for a distance of 199.07 feet to a point; thence run South 89° 47' 00” East for a distance of 350.07 feet to a point; thence run North 00° 13' 00'” East for a distance of 350.00 feet to a point; thence run North 89° 46' 02” West for a distance of 241.99 feet to a point; thence run North 00° 13' 58” East for a distance of 38.00 feet to a point; thence run North 89° 46' 02” West for a distance of 15.00 feet to a point; thence run North 00° 13' 58” East for a distance of 95.16 feet to a point; thence run North 89° 46' 02” West for a distance of 75.00 feet to a point; thence run North 00° 13' 58” East for a distance of 50.00 feet to a point; thence run North 89° 46' 02” West for a distance of 127.00 feet to a point; thence run South 00° 13' 58” West for a distance of 50.00 feet to a point; thence run North 89° 46' 02” West for a distance of 100.00 feet to a point; thence run South 00° 13' 58” West for a distance of 70.00 feet to a point; thence run North 89° 46' 02” West for a distance of 100.00 feet to a point; thence run South 00° 13' 58” West for a distance of 76.16 feet to a point; thence run North 89° 46' 02” West for a distance of 108.38 feet to a point; thence run South 00° 13' 58” West for a distance of 536.17 feet to the POINT OF BEGINNING.
Bearings are based on the East Line of the Southeast Quarter of Section 7, Township 21 South,
Range 19 East, as being North 00° 08' 00” East, per Official Record Book 2795, Page 119, of
the Public Records of Hillsborough County, Florida.
PARCEL II (TRACT 3) Fee Simple:
A parcel consisting of part of the Southwest Quarter of Section 8, Township 28 South, Range 19 East, Hillsborough County, Florida, described as follows:
Commence at the Southwest corner of Section 8, Township 28 South, Range 19 East, thence run North 00° 08' 00” East for a distance of 61.28 feet to a point in the right-of-way of said Fowler Avenue; thence, with said right-of-way, run South 89° 47' 00” East for a distance of 365.00 feet to the POINT OF BEGINNING; thence run North 00° 08' 00” East for a distance of 175.00 feet to a point; thence run North 00° 08' 00” East for a distance of 10.00 feet to a point; thence run South 89° 39' 54” East for a distance of 182.29 feet to a point; thence run South 00° 08' 00” West for a distance of 184.62 feet to a point in the said right-of-way of Fowler Avenue; thence, with said right-of-way, run North 89° 47' 00” West for a distance of 182.30 feet to the POINT OF BEGINNING.
Bearings are based on the East Line of the Southeast Quarter of Section 7, Township 28 South, Range 19 East, as being North 00° 08' 00” East, per Official Record Book 2795, Page 119, of
the Public Records of Hillsborough County, Florida.
PARCEL III (TRACT 4)
This parcel is intentionally deleted.
PARCEL IV (TRACT 5)
This parcel is intentionally deleted.
PARCEL V Easement:
An Access Easement for the benefit of Parcel I, for purposes of ingress and egress as set forth in instrument recorded July 23, 1982 in Official Record Book 3975, Page 1882, of the Public Records of Hillsborough County, Florida, described as follows:
A parcel consisting of part of the Southeast 1/4 of Section 7, and part of the Southwest 1/4 of Section 8, Township 28 South, Range 19 East, Hillsborough County, Florida, described as follows: From the Northeast corner of the Northwest 1/4 of the Southwest 1/4 of said Section 8, thence North 89° 56' 41” West along the North line of the Northwest 1/4 of the Southwest 1/4 of said Section 8 a distance of 1331.73 feet to the Northeast corner of the Northeast 1/4 of the Southeast 1/4 of Section 7, said point also being the principal point and place of beginning of the following description:
Thence South 89° 56' 41” East along the North line of the Northwest 1/4 of the Southwest 1/4 of said Section 8, a distance of 30.00 feet to a point; thence South 0° 07' 35” West a distance of 523.92 feet to a point; thence North 89° 46' 02” West a distance of 60.00 feet to a point; thence North 0° 07' 35” East a distance of 523.74 feet to a point on the North line of the Northeast 1/4 of the Southeast 1/4 of Section 7; thence South 89° 41' 16” East along said North line a distance of 30.00 feet to the Point of Beginning. Containing 0.72 acres of land, more or less, but subject to all legal highways and easements of record.
PARCEL VI Easement:
Easements for use of common areas as set forth in Article 24 of the Amended and Restated Operating Agreement by and among University Square Partners, Allied Stores General Real
Estate Company, Sears, Roebuck & Co., Dillard Department Stores, Inc., Construction Developers, Incorporated, and Montgomery Ward Land Corporation dated September 5, 1995 and recorded December 2, 1996 in Official Record Book 8371, Page 635, and as assigned by Assignment and Assumption of Amended and Restated Operating Agreement by and between University Square Partners, an Illinois general partnership, and Glimcher University Mall Limited Partnership, a Delaware limited partnership, dated December 17, 1997 and recorded
January 7, 1998 in Official Recorded Book 8861, Page 417, and Assignment and Assumption of
Operating Agreements and Intangible Personal Property by and between Montgomery Ward
Development, LLC, a Delaware limited liability company, and Burlington Coat Factory Realty of University Square, Inc., a Florida corporation, dated June 8, 2001 and recorded June 26, 2001 in Official Record Book 10896, Page 1746, all of the Public Records of Hillsborough County, Florida.
PARCEL VII Easement:
Non-Exclusive Easement for ingress and egress created by that certain Memorandum of of Agreement between University Square Associates and G. A. Investments, Inc., dated February 4, 1980 and recorded in Official Record Book 3627, Page 399, as corrected by Corrective Agreement, dated March 17, 1981 and recorded in Official Record Book 3807, Page 713, both of the Public Records of Hillsborough County, Florida, over and across the following described parcel of land:
A tract of land in the Southwest 1/4 of Section 8, Township 28 South, Range 19 East, Hillsborough County, Florida, being described as follows:
For a point of reference commence at the Southwest corner of Section 8, Township 28 South, Range 19 East; run thence with the West boundary of Section 8, North 00° 08' 00” East, 61.28 feet to a point on the North right-of-way line of Fowler Avenue as established on September 27, 1967; thence with said right-of-way line South 89° 47' 00” East, 205.00 feet for a point of beginning:
Thence North 00° 08' 00” East, 175.00 feet; thence South 89° 47' 00” East, 30.00 feet; thence
South 00° 08' 00” West, 175.00 feet to the North right-of-way line of Fowler Avenue; thence with said right-of-way line North 89° 47' 00” West, 30.00 feet to the point of beginning.
PARCEL VIII - Fee Simple
A parcel of land lying in Section 8, Township 28 South, Range 19 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at the Northeast comer of the Northwest (1/4) of the Southwest (1/4) of said Section 8; thence North 89°56'41” West, along the North line of the Southwest (1/4) of said Section 8, a distance of 667.84 feet; thence South 00°03'54” East, a distance of 640.35 feet to the Point of Beginning:
Thence continue South 00°03'54” East, a distance of 366.14 feet; thence South 45°01'08” East, a distance of 42.95 feet; thence South 00°13'58” West, a distance of 54.27 feet to a point on the arc of a circular curve, concave to the Northeast, having a radius of 130.44 feet, (radial to said point
bears North 00°20'20” West); thence Northwesterly, along the arc of said curve to the right, an
arc distance of 133.69 feet, a chord bearing of North 29°42'02” West, and a chord distance of 127.91 feet to the point of tangency; thence North 00°20'20” West, a distance of 84.52 feet to the point of curvature of a circular curve, concave to the East, having a radius of 304.57 feet; thence along the arc of said curve to the right, an arc distance of 65.12 feet, a chord bearing of North 05°47'10” East, a chord distance of 64.99 feet to a point on a non-tangent line; thence South 89°59'47” West, a distance of 191.30 feet to the point of curvature of a circular curve concave to the Northeast, having a radius of 96.50 feet; thence Northwesterly along the arc of said curve to the right, having an arc distance of 97.06 feet, a chord bearing of North 61°11'24' West and a chord distance of 93.02 feet to the point of reverse curvature of a circular curve, concave to the Southwest, having a radius of 135.52 feet; thence Northwesterly, along the arc of said curve to the left, having an arc distance of 136.73 feet, a chord bearing of North 61°16'52” West and a chord distance of 131.01 feet to the point of tangency; thence South 89°48'52” West; a distance of 27.14 feet; thence North 00°03'55” West, a distance of 9.05 feet; thence North 89°45'51” West, a distance of 174.51 feet; thence North 43°15'06” West, a distance of 46.72 feet; thence North 00°07'46” East, a distance of 26.25 feet; thence South 89°45'51” East a distance 494.43 feet; thence North 42°55'38” East, a distance of 20.01 feet; thence North 89°56'57” East, a distance of 140.01 feet to the Point of Beginning.
Bearings are based on the East line of the Southeast (1/4) of Section 7, Township 28 South, Range 19 East, as being North 00°08'00” East, per Official Records Book 2795, Page 119, of the Public Records of Hillsborough County, Florida.
TOGETHER WITH the following personal property more particularly described on that certain UCC-1 Financing Statement dated 10/13/2010 and filed with the Delaware Department of State with filing number 20103585738, as amended by that certain UCC-3 Financing Statement Amendment dated October 20, 2010 with filing number 20103681800, and as recorded in O.R. Book 18409, Page 442 of the Public Records of Hillsborough County, Florida:
All assets of the Debtor, whether now owned or hereafter acquired, including, without limitaiton, the Real Estate, Fixtures, Additional Appurtenances, Awards, Leases, and Personal Property of the Debtor as more particularly set forth and described in that certain Mortgage and Security Agreement dated as of July 20, 2007, as amended by that certain First Amendment to Mortgage and Security Agreement dated as of January 9, 2008, granted by Debtor in favor of the Secured Party and further described on Rider A attached thereto and made a part thereof:
RIDER A
DEBTOR
SOMEROCK UNIVERSITY MALL OWNER, LLC
c/o Rockwood Capital Real Estate Partners VII, LP
10 Bank Street, 11th Floor
White Plains, NY 10606
SECURED PARTY
ANGLO IRISH BANK CORPORATION PLC, as Agent
265 Franklin Street, 19th Floor
Boston, MA 02110
Debtor is an organization
TITLE OF ORGANIZATION
Limited Liability Company
JURISDICTION OF ORGANIZATION
Delaware
ORGANIZATIONAL ID #
4380564
The Debtor hereby grants to the Secured Party a continuing security interest in and to all and each of the following, whether singly or collectively, whether real property, personal property, or a combination thereof, whether now owned or now due or now existing, or in which the Debtor has an interest, or hereafter, at any time in the future, acquired, arising, or to become due, or in which the Debtor obtains an interest, and all proceeds, products, substitutions and accessions of or to any of the following (hereinafter, the “Mortgaged Property”):
A. Real Estate. The land more particularly described on Exhibit A which is annexed hereto and made a part hereof (hereinafter, the “Land”) together with the improvements and other structures now or hereafter situated thereon (such improvements being sometimes called the “Improvements”) commonly known as University Mall, Tampa, Hillsborough County, Florida together with all rights, privileges, tenements, hereditaments, appurtenances, easements, including, but not limited to, rights and easements for access and egress and utility connections, and other rights now or hereafter appurtenant thereto (hereinafter, the “Real Estate”):
B. Fixtures. All real estate fixtures or items which by agreement of the parties may be deemed to be such fixtures, now or hereafter owned by Debtor, or in which Debtor has or hereafter obtains an interest, and now or hereafter located in or upon the Real Estate, or now or hereafter attached to, installed in, or used in connection with any of the Real Estate, including, but not limited to, any and all portable or sectional buildings, bathroom, plumbing, heating, lighting, refrigerating, ventilating and air-conditioning apparatus and equipment, garbage incinerators and receptacles, elevators and elevator machinery, boilers, furnaces, stoves, tanks, motors, sprinkler and fire detection and extinguishing systems, doorbell and alarm systems, window shades, screens, awnings, screen doors, storm and other detachable windows and doors, mantels, partitions, built-in cases, counters and other fixtures whether or not included in the foregoing enumeration (hereinafter, the “Fixtures”). Notwithstanding the foregoing, the term “Fixtures” shall not include any property which tenants are entitled to remove pursuant to any Leases, as hereinafter defined, except to the extent Debtor shall have any rights therein;
C. Additional Appurtenances. All bridges, easements, rights of way, licenses, privileges, hereditaments, permits and appurtenances hereafter belonging to or entering to the benefit of the Real Estate and all right, title and interest of Debtor in and to the land lying within any street or roadway adjoining any of the Real Estate and all right, title and interest of Debtor in and to any vacated or hereafter vacated streets or roads adjoining any of the Real Estate and any and all reversionary or remainder rights (hereinafter, the “Additional Appurtenances”):
D. Awards. All of the right, title and interest of Debtor in and to any award or awards heretofore made or hereafter to be made by any municipal, county, state or federal authorities to the present or any subsequent owners of any of the Real Estate or the Land, or the Improvements, or the Fixtures, or the Additional Appurtenances, or the Leases or the Personal Property, including, without limitation, any award or awards, or settlements or payments, or other compensation hereafter made resulting from (x) condemnation proceedings or the taking of the Real Estate, or the Land, or the Improvements, or the Fixtures, or the Additional Appurtenances, or the Leases or the Personal Property, or any part thereof, under the power of eminent domain, or (y) the alteration of grade or the location or discontinuance of any street adjoining the Land or any portion thereof, or (z) any other injury to or decrease in value of the Mortgaged Property (hereinafter, the “Awards”):
E. Leases. All leases now or hereafter entered into of the Real Estate, or any portion thereof, and all rents, issues, profits, revenues, earnings and royalties therefrom, and all right, title and interest of Debtor thereunder, including, without limitation, cash, letters of credit, or securities deposited thereunder to secure performance by the tenants or occupants of their obligations thereunder, whether such cash, letters of credit, or securities are to be held until the expiration of the terms of such leases or occupancy agreements or applied to one or more of the installments of rent coming due prior to the expiration of such terms including, without limitation, the right to receive and collect the rents thereunder (hereinafter, the “Leases”);
F. Personal Property. All tangible and intangible personal property now owned or at any time hereafter acquired by Debtor of every nature and description, used in any way in connection with the Real Estate, the Fixtures, the Additional Appurtenances, or any other portion of the Mortgaged Property, including, without limitation express or implied upon the generality of the foregoing, all Equipment, Goods, Inventory, Fixtures, Accounts, Instruments, Documents and General Intangibles (as each such capitalized term is defined in the Uniform Commercial Code in effect in the State of Florida) and further including, without any such limitation, the following whether or not included in the foregoing: materials; supplies; furnishings; chattel paper; money; bank accounts; security deposits; utility deposits; any insurance or tax reserves deposited with Secured Party; any cash collateral deposited with Secured Party; claims to rebates, refunds or abatements of real estate taxes or any other taxes; contract rights; plans and specifications; licenses; permits, approvals and other rights; the rights of Debtor under contracts with respect to the Real Estate or any other portion of the Mortgaged Property, or the Project; signs, brochures, advertising, the name by which the Mortgaged Property is known and any variation of the words thereof, and good will; copyrights, service marks, and all goodwill associated therewith; and trademarks; all proceeds paid for any damage or loss to all or any portion of the Real Estate, the Fixtures, the Additional Appurtenances, any other Personal Property or any other portion of the Mortgaged Property (hereinafter, the “Insurance Proceeds”); all Awards; all Leases; all books and records; and all proceeds, products, additions, accessions, substitutions and replacements to any one or more of the foregoing (collectively, the “Personal Property”).
TOGETHER WITH that certain Collateral Assignment of Leasing Agreement dated July 20, 2007 by and between Somerock University Mall Owner, LLC; Anglo Irish Bank Corporation PLC; and General Growth Management, Inc.
TOGETHER WITH that certain Collateral Assignment of Property Management Agreement dated July 20, 2007 by and between Somerock University Mall Owner, LLC; Anglo Irish Bank Corporation PLC; and Glimcher Properties Limited Partnership.
at public sale, to the highest and best bidder, for cash, on the 2ND FLOOR OF THE GEORGE E. EDGECOMB BUILDING, ROOM 201/202, located at 800 EAST TWIGGS STREET, in TAMPA, FLORIDA ON September 10, 2012, AT 2:00 P.M..
The highest bidder shall immediately post with the Clerk, a deposit equal to 5% of the final bid. The deposit must be cash or cashier's check payable to the Clerk of the Circuit Court. Final payment must be made on or before 5:00 p.m. of the date of the sale by cash or cashier's check.
Any person claiming an interest in surplus from the sale, if any, other than the property owner as of the date of the Lis Pendens must file a claim within sixty (60) days after the sale.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT AT 813-276-8100 EXT. 4733 WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT BAY AREA LEGAL SERVICES, 829 W. DR. MARTIN LUTHER KING BOULEVARD, 2ND FLOOR, TAMPA, FLORIDA, 33603-3336, TELEPHONE NUMBER, 813-232-1343, TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT THE HILLSBOROUGH COUNTY BAR ASSOCIATION REFERRAL SERVICE AT 813-221-7780 FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
ATTN: 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 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.
DATED on August 6, 2012.
TIRSO M. CARREJA, JR., Esq.
Florida Bar Number: 0090816
FOWLER WHITE BOGGS P.A.
501 E. Kennedy Blvd.
Suite 1700
Tampa, FL 33602
Tel.: (813) 228-7411
Attorneys for Plaintiff
August 10, 17, 2012 12-3217H