12-2883H

FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE no. 08-CA-30229
DIVISION: K
MICHAEL J. SMYTH, AS
TRUSTEE OF THE ABSA ULTRA TRUST DATED MAY 18, 2001,
Plaintiff, vs.
A & M MORTGAGE CORP., a Florida corporation, and JUAN J. MOREJON, Individually,
Defendants.
TO: UNKNOWN BENEFICIARIES OF THE OSCAR ALVAREZ, JR. FAMILY TRUST DATED MARCH 15, 1988
ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, OR OTHER CLAIMANTS.
YOU ARE NOTIFIED that an action to foreclose a mortgage on the following property in Hillsborough County, Florida:
SEE LEGAL DESCRIPTION OF REAL PROPERTY ATTACHED HERETO AS EXHIBIT “A ”
EXHIBIT “A”
LEGAL DESCRIPTION
Lots 1, 2 and 3, Block 5, LOS CIEN, according to the map or plat thereof recorded in Plat Book 4, Page 71, of the Public Records of Hillsborough County, Florida.
(Parcel I.D. No. 176980-0000/A-10-29-18-40X-000005-00001.0))
AND
Lots 22 and 23, Block 5, LOS CIEN SUBDIVISION, according to the map or plat thereof recorded in Plat Book 4, Page 71, of the Public Records of Hillsborough County, Florida.
(Parcel I.D. No. 176998-0000/A-10-29-18-40X-000005-00022.0)
SEE LEGAL DESCRIPTION OF REAL PROPERTY ATTACHED HERETO AS EXHIBIT “B ”
LEGAL DESCRIPTION
EXHIBIT “B”
All rights, title and interest of Mortgagor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other material now or hereafter on the property described in Exhibit “A” (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 Mortgagor; together with all building materials and equipment now or hereafter delivered to the property and intended to be installed thereof; 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 Mortgagor 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 entrance ways now or hereafter owned by Mortgagor and which are now or hereafter located on the property or any part or parcel thereof.
All of the Mortgagor'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 Mortgagor 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 alternation of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the property described in Exhibit “A” or in this exhibit.
All of the right, title and interest of Mortgagor 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 the security agreements, and all proceeds or sums payable for the loss of or damage to (a) the property described in Exhibit “A” 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 Mortgagor 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 Exhibit “A” property.
All of Mortgagor's interest in all utility security deposits or bonds on the Exhibit “A” 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 Mortgagor in connection with development, construction upon or operation of the property.
All commissions, money, deposits, certificates of deposit, letters of credit, documents, instruments, chattel paper, accounts, and general intangibles as such terms from time to time are defined in the Uniform Commercial Code as adopted by the State of Florida (the “Uniform Commercial Code”), in any manner related to the construction, use, operation, sale, conversion or other disposition (voluntary or involuntary) on the Exhibit “A” Property, Land, Appurtenances, Improvements, Tangible Property or Rents, including all construction plans and specifications, architectural plans, engineering plans and specifications, permits, governmental or quasi-governmental approvals, licenses, developer rights, vested rights under any Planned Unit Development or Development of Regional Impact or other project, zoning, or land use approval, insurance policies, rights of action and other choses-in-action.
has been filed against you and you are required to serve a copy of your written defenses within 30 days after the first publication of, if any, on John R. Durham, III, LUTZ, BOBO, TELFAIR, DUNHAM & GABEL, Plaintiff's attorney, whose address is Two North Tamiami Trail, Suite 500, Sarasota, FL 34236, and file the original with this Court either before service on Plaintiff's attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the Complaint or petition. Respond Date to Attorney: August 20, 2012
This Notice shall be published once a week for two consecutive weeks in the Gulf Coast Business Review.
If you are a person with a disability who needs an accommodation, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation please contact the ADA Coordinator within seven working days of the date the service is needed; if you are hearing or voice impaired, call 711.
WITNESS my hand and the seal of the court on this 13 day of July, 2012.
PAT FRANK
Clerk of the Circuit Court
(Court Seal) By: Sarah Brown
Deputy Clerk
John R. Durham, III,
LUTZ, BOBO, TELFAIR,
DUNHAM & GABEL
Plaintiff's attorney
Two North Tamiami Trail, Suite 500 Sarasota, FL 34236
July 20, 27, 2012 12-2883H