12-0414H

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO. 10-CA-004806
Div. H.
COLONY CROSS, LLC, as
successor in interest to DMARC 2006-CD2 COLONY RETAIL, LLC
a Florida limited liability company,
Plaintiff, vs.
TAMPA REALTY ASSOCIATES, LLC, a New York limited liability company, and MYRON D. VOGEL, an individual,
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, I shall hold a sale of the subject property 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”
Part of the West 1/2 of Section 34, Township 28 South, Range 17 East, Hillsborough County, Florida and being more particularly described as follows:
For a Point of Reference commence at the Southwest corner of the Northwest 1/4 of the said Section 34, and run thence South 89 degrees 01 minutes 58 seconds East, along the South boundary thereof, a distance of 454.73 feet to a point on the Northeasterly right-of-way line of Hillsborough Avenue; thence North 54 degrees 13 minutes 41 seconds West, along said right-of-way line, a distance of 253.08 feet to the Southeasterly right-of-way line of Elliott Drive; thence North 35 degrees 44 minutes 41 seconds East, along said Southeasterly right-of-way line, a distance of 175.00 feet to the POINT OF BEGINNING of the tract herein described: thence continuing North 35 degrees 44 minutes 41 seconds East along said Southeasterly right-of-way line, a distance of 414.79 feet to the Southwesterly right-of-way line of Leila Avenue; thence South 54 degrees 13 minutes 41 seconds East, along said Southwesterly right-of-way line, a distance of 1101.81 feet to a point on the aforementioned South boundary of the Northwest 1/4 of Section 34; thence South 89 degrees 01 minutes 58 seconds East, along said South boundary, a distance of 35.36 feet; thence South 33 degrees 39 minutes 40 seconds West, a distance of 610.39 feet to a point on the aforementioned Northeasterly right-of-way line of Hillsborough Avenue; thence North 54 degrees 13 minutes 41 seconds West, along said Northeasterly right-of-way line, a distance of 145.00 feet; thence North 35 degrees 46 minutes 19 seconds East, a distance of 115.62 feet; thence 26.18 feet along the arc of a curve, to the left, having a radius of 25.00 feet, a central angle of 60 degrees, 00 minutes 20 seconds and a chord bearing and distance of North 05 degrees 46 minutes 08 East, 25.00 feet; thence North 24 degrees 14 minutes 00 seconds West, a distance of 111.43 feet; thence South 65 degrees 46 minutes 00 seconds West, a distance of 142.00 feet; thence South 35 degrees 46 minutes 19 seconds West, a distance of 70.00 feet to a point on the aforesaid Northeasterly right-of-way line of Hillsborough Avenue; thence North 54 degrees 13 minutes 41 seconds West, along said Northeasterly right-of-way line, a distance of 466.05 feet; thence North 35 degrees 46 minutes 19 seconds East, a distance of 50.00 feet; thence South 54 degrees 13 minutes 41 seconds East, a distance of 16.64 feet; thence 18.67 feet along the arc of a curve, to the left, having a radius of 40.00 feet, a central angle of 26 degrees 44 seconds 38 minutes and a chord bearing and distance of North 49 degrees 08 minutes 39 seconds East, 18.50 feet; thence North 35 degrees 46 minutes 19 seconds East, a distance of 110.00 feet; thence 15.71 feet along the arc of a curve, to the left having a radius of 10.00 feet, a central angle of 90 degrees 00 minutes 00 seconds and a chord bearing and distance of North 09 degrees 13 minutes 40 seconds West, 14.14 feet; thence North 54 degrees 13 minutes 41 seconds West, a distance of 213.00 feet; thence South 35 degrees 46 Minutes 19 seconds West, a distance of 13.00 feet; thence North 54 degrees 13 minutes 41 seconds West, a distance of 160.00 feet to the POINT OF BEGINNING.
LESS additional right-of-way for State Road 580 conveyed to the State of Florida for the use and benefit of the State of Florida Department of Transportation in Official Records Book 5760, Page 299 and Official Records Book 5768, Page 1130, Public records of Hillsborough County, Florida.
LESS that part described as follows:
Part of the West 1/2 of Section 34, Township 28 South, Range 17 East, Hillsborough County, Florida and being more particularly described as follows:
For a Point of Reference commence at the Southwest corner of the Northwest 1/4 of the said Section 34, and run thence South 89 degrees 01 minutes 58 seconds East, along the South boundary thereof; a distance of 487.58 feet; thence North 54 degrees 13 minutes 41 seconds West, along a line 18.75 feet Northeasterly of and parallel with the Northeasterly right-of-way line of Hillsborough Avenue, a distance of 130.06 feet; thence North 35 degrees 44 minutes 41 seconds East, a distance of 156.25 feet; thence South 54 degrees 13 minutes 41 seconds East, a distance of 10.00 feet; thence North 35 degrees 46 minutes 19 East, a distance of 13.00 feet to the POINT OF BEGINNING of the tract herein described; thence continue North 35 degrees 46 minutes 19 seconds East, a distance of 2.00 feet; thence South 54 degrees 13 minutes 41 seconds East, a distance of 213.00 feet; thence 15.71 feet along the arc of a curve to the right, having a radius of 10.00 feet; a central angle of 90 degrees 00 minutes 00 seconds and a chord bearing and distance of South 09 degrees 13 minutes 40 seconds East, 14.14 feet; thence South 35 degrees 46 minutes 19 seconds West, a distance of 2.00 feet; thence 15.71 feet along the arc of a curve, to the left, having a radius of 10.00 feet, a central angle of 90 degrees 00 minutes 00 seconds and a chord bearing and distance of North 09 degrees 13 minutes 40 seconds West, 14.14 feet; thence North 54 degrees 13 minutes 41 seconds West, a distance of 213.00 feet to the POINT OF BEGINNING.
TOGETHER WITH non-exclusive easement as set forth in Declaration of Cross-Easements, Covenants and Restrictions recorded in Official Records Book 5298, Page 941, as amended by Addendum recorded in Official Records Book 5527, Page 1072, and by Agreement For Supplement recorded in Official Records Book 5527, Page 1076, of the public records of Hillsborough County, Florida.
Together with the personal property as more particularly described in UCC-1 Financing Statement filed with the Delaware Department of State with Filing No. 6017871 and Recorded in the Official Records of Hillsborough County at Book 15960, Pages 1281-1284. All assets of the Debtor, of every kind and nature, now existing and hereafter acquired and arising and wherever located, related to the ownership or operation of the real property described on Exhibit A, including without limitation, accounts, deposit or reserve accounts, commercial tort claims, letter of credit rights, chattel paper (including electronic chattel paper), documents, instruments; investment property, general intangibles (including payment intangibles), software, goods, inventory, equipment, furniture and fixtures, all supporting obligations of the foregoing, and all cash and noncash proceeds and products (including without limitation insurance proceeds) of the foregoing, and all additions and accessions thereto, substitutions thereto and replacements thereof.
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 March 8, 2012 AT 10:00 A.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.
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 February 03, 2012.
PAT FRANK
As Clerk of the Court
(Court Seal) By: Jenny Alvarez
As Deputy Clerk
February 10, 17, 2012 12-0414H