12-2122P

FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
REF #: 2012-CA-000574 WS UCN: 512012CA000574XXXXWS
Division J2
STANCORP MORTGAGE
INVESTORS, LLC, an Oregon limited liability company,
Plaintiff(s), v.
ALTERNATIVE CAR WASH, INC., a Michigan corporation; and
UNKNOWN TENANT,
Defendant(s).
NOTICE IS HEREBY GIVEN pursuant to a Summary Final Judgment of Foreclosure dated June 12, 2012 and entered in Case No. 51-2012-CA-000574 WS of the Circuit Court for Pasco County, Florida, I will sell to the highest and best bidder for cash, online at www.pasco.realforeclose.com, on the 12th day of July, 2012, at 11:00 a.m. the following described property as set forth in said Uniform Final Judgment of Foreclosure:
SEE ATTACHED EXHIBIT “A” AND EXHIBIT “B”
EXHIBIT “A”
The real and personal property involved in this suit comprises the real property located at 7200 State Road 52, in Bayonet Point, Pasco County, Florida legally described in Exhibit “B” attached hereto and by this reference incorporated herein (the “Real Property”), together with all personal property (including without limitation, the rents, incomes, issues, profits, revenues, royalties, rights and benefits arising out of the Real Property) as described in that certain “Mortgage, Assignment of Rents, Security Agreement and Fixture Filing,” which was recorded at O.R. Book 6231, Page 796, et seq., of the Public Records of Pasco County, Florida (the “Records”), as modified by that certain “Modification Agreement” recorded at O.R. Book 8039, Page 1543, et seq., of the Records, and as further modified by unrecorded letter agreements (collectively, the “Mortgage”), together with all now owned or hereafter acquired contract rights, rents, leases and guaranties of tenant performance under leases, now or hereafter existing for the use and occupation of the Real Property and the personal property of Borrower located in or upon, pertaining to, or used or useful in connection with, any part of the Real Property or the buildings and improvements now or hereafter erected thereon, or the business conducted thereon or therefrom, together with:
All of Borrower's right, title and interest in and to the following, whether now existing or hereafter acquired: (a) all rents, income, contract rights, issues and profits now due or which may become due under or by virtue of any lease, rental agreement or other contract, whether written or oral, for the use or occupancy of the Real Property, or any part thereof, together with all tenant security deposits; (b) all buildings and improvements now or hereafter erected thereon and all appurtenances, easements, rights in party walls, water and water rights, pumps and pumping plants and all shares of stock evidencing the same; (c) all fixtures and property now or hereafter attached to or used in the operation of the Real Property, including but not limited to machinery, equipment, appliances and fixtures for generating or distributing air, water, heat, electricity, light, fuel or refrigeration, or for ventilating or sanitary purposes or for the exclusion of vermin or insects, or for the removal of dust, refuse or garbage, all wallbeds, wallsafes, built-in furniture and installations, shelving, lockers, partitions, door stops, vaults, elevators, dumbwaiters, awnings, window shades, venetian blinds, light fixtures, fire hoses and brackets and boxes for same, fire sprinklers, alarm systems, drapery rods and brackets, screens, linoleum, carpets, plumbing, laundry tubs and trays, ice boxes, refrigerators, heating units, stoves, water heaters, incinerators, communication systems and all installations for which any such building is specifically designed; (d) all awards, compensation and settlements in lieu thereof made as a result of the taking by power of eminent domain of the whole or any part of the Real Property; (e) all trade names by which all or any part of the Real Property is known, any books and records relating to the use and operation of all or any portion of the Real Property, all present and future plans and specifications and contracts relevant to the design, construction, management or inspection of any construction of any improvements on the Real Property and all present and future licenses, permits, approvals and agreements with or from any municipal corporation, county, state or other governmental or quasi-governmental entity relevant to the development, improvement or use of all or any portion of the Real Property; and (f) all rights of Borrower in and to any escrow or withhold agreements, surety bonds, warranties, management contracts, leasing or sales agreements with any real estate agents or brokers, and service contracts with any entity, which are in any way relevant to the development, improvement, leasing, sale or use of the Real Property or any personal property located thereon; whether now or hereafter installed having been declared to be a part of the realty; and all the estate, interest or other claim or demand, including insurance, in law as well as in equity, which Borrower now has or may hereafter acquire, in and to the aforesaid property; the specific enumerations herein not excluding the general. The Real Property and all of the foregoing shall constitute the “Property”; and all replacements, substitutions and accessions thereof.
EXHIBIT “B”
Part of Tract 21 of the Port Richey Land Company's Subdivision of Section 10, Township 25 South, Range 16 East, Pasco County, Florida, as recorded in Plat Book 1, Page 61, of the Public Records of Pasco County, Florida, known as Lots Five (5) and Six (6) and legally described as follows:
Commence at the Northwest corner of Section 10, thence run East along the North boundary of Section 10, a distance of 979.17 feet for a Point of Beginning; thence continue East 60 feet, thence South 200 feet, thence West 60 feet, thence North 200 feet to the Point of Beginning. LESS any portion thereof lying within 50 feet of the centerline of State Road No. 52 as it is now constructed (being known as Lot 5). AND Less and Except that part taken by Order of Taking recorded in Official Records Book 2009, Page 1626.
AND
Commence at the Northwest corner of said Section 10, thence run East along the North boundary of Section 10, a distance of 1039.17 feet for a Point of Beginning; thence continue East 60 feet; thence South 200 feet; thence West 60 feet; thence North 200 feet to the Point of Beginning. LESS any portion thereof lying within 50 feet of the centerline of State Road No. 52 as it is now constructed. (Being known as Lot 6) And LESS that certain portion of land as described in Order of Taking which was filed in Official Records Book 2009, Page 1626, said lands being described as follows: Commencing at a nail and disc “R.L.S. 1233” marking the Northwest corner of the Northwest 1/4 of said Section 10; thence South 89°44'53” East along the North line of said Northwest 1/4 a distance of 1099.05 feet; thence South 00°07'17” East 49.80 feet to the existing South R/W line of S.R. 52 for a Point of Beginning; thence North 89°45'34” West along South R/W line a distance of 119.96 feet; thence South 00°05'21” East 27.18 feet; thence South 89°44'53” East 119.98 feet, thence North 00°07'17” West 27.20 feet to the Point of Beginning. LESS existing right of way.
AND
A portion of Tract 21 of Port Richey Land Company Subdivision of Section 10, Township 25 South, Range 16 East, as recorded in Plat Book 1, Pages 60 and 61, Public Records of Pasco County, Florida, being further described as follows:
Commence at the Northwest corner of the Northwest 1/4 of said Section 10, run thence South 89°44'53” East along the North boundary of said Northwest 1/4, a distance of 859.17 feet, run thence South 00°05'07” West, a distance of 77.00 feet to a point on the South right-of-way line of State Road 52, run thence South 89°44'53” East, along said right-of-way a distance of 116.50 feet to the Point of Beginning, continue thence South 89°44'53” East along said right-of-way line a distance of 3.50 feet to a point on the West boundary of that certain parcel of land described in Official Records Book 1843, Page 1242, Public Records of Pasco County, Florida; run thence South 00°15'07” West, along said Westerly boundary a distance of 123.00 feet to the Southwest corner of said parcel; run thence North 89°44'53” West, a distance of 3.50 feet; run thence North 00°15'07” East, a distance of 123.00 feet to a Point of Beginning.
**ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (60) DAYS AFTER THE SALE. **
In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact the individual or agency sending this notice no later than seven (7) days prior to the proceeding. If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
Lori V. Vaughan
Trenam, Kemker, Scharf,
Barkin, Frye O'Neill
& Mullis, P.A.
Post Office Box 1102
Tampa, FL 33601
Telephone (813) 223-7474
Attorneys for Plaintiff
June 22, 29, 2012 12-2122P