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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 51-2012-CA-001796-WS
SUNTRUST BANK, a Georgia
banking corporation,
Plaintiff, vs.
BRITCO, LLC, a Florida limited liability company, and PASCO
EXECUTIVE CENTER
ASSOCIATION, INC., a Florida
not-for-profit corporation,
Defendants.
Notice is hereby given that pursuant to a Final Summary Judgment of Foreclosure entered in the above entitled cause on May 17, 2012, in the Circuit Court of Pasco County, Florida, Paul S. O'Neil, Clerk of the Circuit Court will sell the property located in Pasco County, Florida described as:
SEE EXHIBIT “A”
EXHIBIT “A”
Lots 1, 2, 3, 9 and 10, Pasco Executive Center, according to the map or plat thereof, as recorded in Plat Book 24, Pages 83 and 84, of the Public Records of Pasco County, Florida; LESS the West 11.7 feet of said Lot 3; AND LESS Lots 9 and 10.
TOGETHER WITH:
All rights, title and interest of Borrower in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements 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 inventory, furnishing, furniture, machinery, apparatus, equipment, fitting, fixtures, whether actually or constructively attached to the Property and including all trade, domestic and ornamental fixtures 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 an now owned or hereafter acquired by Borrower, including, but without limited the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing; lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces, oil burners or units thereof; appliances; air-cooling and air conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades, awnings; screens; storm doors and windows; stoves, wall beds; refrigerators; attached cabinets; partitions, ducts and compressors; rugs and carpets; draperies; together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass, doors flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment, together with all additions and accessions thereto and replacements thereof.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Borrower 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 lines, including mains, laterals, manholes and appurtenances and all prepaid impact fees relating thereto.
All paving for streets, road, walkways or entrance way now or hereafter owned by Borrower and which are now or hereafter located on the Property or any part or parcel thereof.
All of Borrower's interest as lessor in and to all leases, contracts or rental arrangements of the Property, or any part hereof, heretofore made and entered into, and in and to all leases, contracts or rental arrangements hereafter made and entered into by Borrower during the life of the security agreements or any extension or renewal thereof, together with all rents and payments lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security 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 or in this Exhibit.
All of the right, title and interest of the Borrower 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, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or any part of the Property.
All contracts and contract rights of Borrower arising from contracts entered into in connection with development, construction upon or operation of the Property, including all impact fees prepaid.
All furniture, furnishing, appliances and equipment and all other tangible personal property now or hereafter owned or acquired by the Borrower or now or hereafter located or installed at or in any other improvement on the Property or elsewhere at or on the Property, together with all accessories and parts now attached to or used in connection with any such Property or which may hereafter at any time be placed in or added thereto and also any and all replacements and proceeds of any such Property.
The foregoing Collateral includes, but is not limited to:
(a) All attachments, accessions, accessories, tools, parts, supplies, increases, and additions to and all replacements of and substitutions for any property described above.
(b) All products and produce of any of the property described above.
(c) All accounts, contract rights, general intangibles, instruments, rents, monies, revenues, issues, profits, payments, deposits, and all other rights, arising out of a sale, lease, trade, exchange or other disposition of any of the property described above.
(d) All proceeds (including insurance proceeds) from the sale, destruction, loss, condemnation or other disposition of any of the property described above.
(e) All proceeds, refunds or rebates from the cancellation of any insurance policies or any of the property described above or from any warranty, service, disability or credit insurance product or policy for Borrower, for the benefit of Borrower or for any of the property described above.
(f) All records and data relating to any of the property described above, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of Borrower's right, title and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media.
(g) All heretofore or hereafter vacated alleys and streets abutting the said land and all riparian and littoral rights, rents, royalties, mineral, oil and gas rights and profits, water, water rights and water stock, water and sewer systems appurtenant to the said Property, including, but not limited to, all pipes, valves, fittings, manholes, sewers, pumps, liftstations and all equipment appurtenant thereto.
All future advances, including, but not limited to, those issued in connection with letters of credit, are included.
at public sale, to the highest and best bidder for cash, at www.pasco.realforeclose.com, beginning at 11:00 a.m. on June 18, 2012.
Any person claiming an interest in the surplus funds 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.
Dated: May 22, 2012
In accordance with the Americans With Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact Dade City (352) 521-4274, Ext. 8110; New Port Richey (727) 847-8100; TDD 1-800-955-8771 via Florida Relay Service; no later than seven (7) days prior to any proceeding.
For the Court:
Patrick M. Mosley, Esq.
Fla. Bar No. 0033735
Phelps Dunbar, LLP
100 South Ashley Drive
Suite 1900
Tampa, FL 33602
Telephone: (813) 472-7550 Attorneys for Plaintiff
June 1, 8, 2012 12-1814P