12-0651H

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
GENERAL CIVIL DIVISION
Case No. 10-CA-017541
DCR MORTGAGE IV SUB I, LLC,
Plaintiff, vs.
BIG TOY STORAGE HOLDING
COMPANY, LLC, R. GRAHAM
CREECH, JR., a/k/a RUPERT G.
CREECH, JR., a/k/a GRAHAM
CREECH, a/k/a GRAHAM CREECH, JR., a/k/a GRAHAM CREECH, REBECCA CREECH, and BIG TOY STORAGE, LLC,
Defendants.
NOTICE is hereby given that, pursuant to a Final Judgment entered February 13, 2012, in Case Number 2010 CA 017541 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:
A tract of land in the Northeast and Northwest 1/4's of the Southeast 1/4 of Section 9, Township 28 South, Range 20 East Hillsborough County, Florida, being more particularly described as follows:
Commence at the Northeast corner of the Northeast 1/4 of the Southeast 1/4 of said Section 9; thence North 89 deg., 49 min., 00 sec, West along the North boundary of said Northeast 1/4 of the Southeast 1/4, 332.06 feet; tbence South 00 deg., 01 min., 33 sec, East, 396.19 feet; thence north 89 deg., 49 min., 00 sec, West, 878.56 feet to the Point of Beginning.
Thence South 18 deg., 11 min., 00 sec, West, 196.0 feet; thence South 34 deg., 49 min., 00 sec, East 194.0 feet; thence South 39 deg.; 06 min., 05 sec, West, 346.91 feet; thence South 23 deg., 48 min;, 38 sec, West, 185.98 feet; South 12 deg., 43 min., 28 sec, East, 136.13 feet to a point on the North right-of-way boundary of Main Street and to a point on curve; thence Southwesterly, 45.21 feet along the arc of a curve concave to the Southeasterly, having a radius of 1817.6 feet (ch. = 45.21 feet; ch. brg. = South 77 deg., 05 min., 17 sec, west) to a point on the South boundary of the Northwest 1/4 of the Southeast 1/4 of said Section 9; thence North 89 deg., 35 min., 22 sec, West along said South boundary, 3.60 feet; thence North 00 deg., 50 min., 49 sec, West, 378.48 feet; thence North 89 deg., 35 min., 22 sec, West, 172.68 feet; thence South 00 deg., 50 min., 49 sec, East 191.96 feet; thence South 88 deg., 02 min., 24 sec, West, 528.45 feet; thence North 00 deg., 09 min., 58 sec, West, 90.0 feet; thence North 55 deg., 34 min., 58 sec;, West, 250.10 feet to a point on the Easterly right-of-way line of U.S. Highway 301; thence North 34 deg,, 21 min., 34 sec, East along said right-of-way line, 137.34 feet; thence North 55 deg., 23 min., 34 sec., West along said right-of-way line, 18.0 feet; thence North 34 deg., 21 min., 38 sec, East along said right-of-way line, 391.81 feet; thence South 55 deg., 34 min., 42 sec, East, 150.0 feet; thence North 34 deg., 28 min., 58 sec, East, 202.21 feet; thence South 89 deg., 47 min., 16 sec, East, 311.47 feet; thence South 89 deg., 49 min., 00 sec, East, 338.6 feet to the Point of Beginning.
TOGETHER WITH that property referenced in Official Records Book 8683, Page 1197, of the Public Records of Hillsborough County, Florida, as lying between the Southerly boundary line of the lands described in Official Records Book 8159, Page 1375, and the North right-of-way line of MAIN STREET, being more particularly described as follows:
A portion of the Northeast and Northwest 1/4's of the Southeast 1/4 of Section 9, Township 28 South, Range 20 East,Hillsborough County, Florida,being.more particularly described as follows:
COMMENCE at the Northeast corner of the Northeast 1/4 of the Southeast 1/4 of said Section 9; thence N. 89 deg. 49 min. 00 sec, W., along the North boundary of said Northeast 1/4 of the Southeast 1/4, 332.06 feet; thence S. 00 deg. 01 min. 33 sec W., 396.19 feet; thence N. 89 deg., 49 min., 00 sec. W., 878.56 feet; thence S. 18 deg. 11 min. 00 sec. W., 196.0 feet; thence S. 34 deg. 49 min. 00 sec E., 194.00 feet; thence S. 39 deg. 06 min. 05 sec W., 346.91 feet, thence S. 23 deg. 48 min. 38 sec W., 185.98 feet; thence S 12 deg. 43 min, 28 sec, E., 136.13 feet to the POINT OF BEGINNING, said point being on a non-tangent curve concave to the Southeast having a radius of 1,817.60 feet; thence SOUTHWESTERLY, 45.21 feet along said curve through a central angle of 01 deg. 25 min, 32 sec. (chord bears S. 77 deg. 05 min. 17 sec W., 45.21 feet) to a point on the South boundary of the Northwest 1/4 of the Southeast 1/4 of said Section 9; thence N. 89 deg. 35 min. 22 sec. W., along said South boundary line 3.60 feet; thence S. 00 deg. 54 min. 59 sec. E., 0.67 feet to the Northerly maintained right-of-way line of MAIN STREET; thence N. 89 deg. 05 min. 01 sec E., 47.68 feet along said maintained right-of-way line; thence N. 00 deg. 54 min., 59 sec W., 9.48 feet to the POINT OF BEGINNING.
LESS AND EXCEPT
Description: POND AREA
A portion of the Northeast quarter of the Southeast quarter of Section 9, Township 28 South, Range 20 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at the Northeast corner of the Northeast quarter of the Southeast quarter of said Section 9, thence N 89 deg., 49 min., 00 sec, W., 332.06 feet along the Northerly boundary line of the Northeast quarter of the Southeast quarter of said Section 9; thence S 00 deg., 01 min., 33 sec.,E., 396.19 feet; thence N 89 deg., 49 min., 00 sec, W., 878.56 feet to the POINT OF BEGINNING; thence S18 deg., 11 min., 00 sec, W., 196.00 feet; thence S 34 deg., 46 min., 00 sec, E., 194.00 feet; thence S 39 deg., 06 min., 05 sec, W., 70.93 feet; thence N 34 deg., 46 min., 51 sec, W., 240.38 feet; thence N 00 deg., 05 min., 27 sec, E., 203.61 feet; thence S 89 deg., 49 min., 00 sec, E., 132.07 feet to the POINT OF BEGINNING.
Together with all the improvements, hereditaments and appurtenances thereunto appertaining, as far as they may belong to or be used in connection with the occupancy of any building on the said land, or that may be erected thereon.
Together with all right, title and interest, including any after-acquired right, title and interest, and including any right of use or occupancy, in and to (a) all easements, rights of way, or any lands occupied by streets, ways, alleys, passages, sewer rights, water courses, water rights and powers, and public places adjoining said land, and any other interests in property constituting appurtenances to the property, or which hereafter shall in any way belong, relate or be appurtenant thereto and (b) all hereditaments, gas, oil, minerals, and easements, of every nature whatsoever, located in or on said land and all other rights and privileges thereunto belonging or appertaining and all extensions, additions, improvements, betterments, renewals, substitutions and replacements to, or of any of the rights and interests described in subparagraphs (a) and (b) above.
Together with all fixtures, machinery, equipment, accessions thereto, and appurtenances of every nature whatsoever located in, on or attached to, and used or intended to be used in connection with, or with the operation of the property, and all extensions, additions, improvements, betterments, renewals, substitutions, and replacements to or of any of the foregoing.
Together with
All rights, title and interest of Big Toy Storage Holding Company, LLC(“Debtor;”) in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other material now or hereafter on the property described above (herein referred to as “Property”) or under or above the same or any part or parcel thereof.
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the Property and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon or under the Property or any part thereof and used or usable in connection with any present or future operation of the Property and now owned or hereafter acquired by Debtor together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein; together with all proceeds, additions and accessions thereto and replacements thereof.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over, and upon the Property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer liners, including mains, laterals, manholes and appurtenances.
All paving for streets, roads, walkways or entranceways now or hereafter owned by Debtor and which are now or hereafter located on the Property or any part or parcel thereof.
All of Debtor's interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by Debtor during the life of the security agreements or any extension or renewal thereof, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or deposits and advance rentals.
Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Property described above.
All of the right, title and interest of the Debtor in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property described above or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
All of the right, title and interest of the Debtor in and to any trade names, names of businesses, or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Property.
All of Debtor's interest in all utility security deposits or bonds on the Property or any part or parcel thereof.
All contracts and contract rights, general intangibles and accounts receivables now or hereafter owned or entered into by Debtor in connection with development, construction upon or operation of the Property.
Together with
(i) All equipment, including all accessions, thereto, and all manufacturer's warranties, parts or tools therefor;
(ii) All goods, including all fixtures and timber to be cut, located or situated on the real property;
(iii) All general intangibles, including all payment intangibles, copyrights, trademarks, patents, tradenames, tax refunds, company records (paper and electronic), rights under equipment leases, warranties, software licenses.
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 2:00 P.M. on the 20 day of March, 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: February 17, 2012.
PAT FRANK
Clerk of Court
(Seal) By: Francisco R. Hernandez
As Deputy Clerk
Mark D. Hildreth, Esq.
P.O. Box 49948
Sarasota, FL 34230
Feb. 24; Mar. 2, 2012 12-0651H