12-0753H

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO. 2011-CA-009927 Div. G
BANK OF AMERICA, N.A., a
national banking association,
Plaintiff, v.
S-B PROPERTIES NO. 3, LLC, a
Florida limited liability company,
S-B PROPERTIES NO. 7, LLC,
a Florida limited liability company,
DAVID S. COIA, an individual,
DANIEL L. VIETTO, an individual, and JOHN and JANE DOE, together with all other unknown tenants in possession
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Final Summary Judgment of Foreclosure rendered on February 23, 2012, in that certain cause pending in the Circuit Court in and for Hillsborough County, Florida, wherein BANK OF AMERICA, N.A., a national banking association, is Plaintiff, and granted against the Defendants, S-B PROPERTIES NO. 3, LLC, a Florida limited liability company, S-B PROPERTIES NO. 7, LLC, a Florida limited liability company, and JOHN and JANE DOE, together with all other unknown tenants in possession, in Case No. 2011-CA-009927-Division G, Pat Frank, Clerk of the Court of the aforesaid Court, will at March 28, 2012 @ 2:00 pm, offer for sale and sell to the highest bidder for cash at the courthouse located at the Hillsborough County Clerk of Court, 800 E. Twiggs, Rooms 201 - 202, Tampa, Florida 33602, the following described real and personal property, situate and being in Hillsborough County, Florida, more particularly described in the following:
REAL PROPERTY
SEE ATTACHED EXHIBIT A
PERSONAL PROPERTY
SEE ATTACHED EXHIBIT B
*To be published in the Gulf Coast Business Review*
Parcel 1:
A tract of land in Section 25, Township 28 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows:
Commence at the Southeast corner of the Northeast 1/4 of said Section 25 and go N.89°12'19” W., a distance of 2528.14 feet along the East-West centerline of said Section 25 (the centerline of State Road No. 580 Right-of-Way) thence N.00°19'13”W., a distance of 71.17 feet to a point on the North right-of-way line of state road No. 580 as it is now established; thence continue N.0°19'13” W., a distance of 254.08 feet for a point of beginning; thence continue N.0°19'13”W., a distance of 84.76 feet; thence S.89°12'19”E., a distance of 550.00 feet; thence N.0°19'13”W., a distance of 71.31 feet; thence N.89°16'22”W. a distance of 705.67 feet; thence S.00°43'38”W., a distance of 145.40 feet; thence N.89°16'22”W. a distance of 255.57 feet to the Easterly right-of-way line of Overcash Drive as shown on the plat of Ranchwood Estates recorded in Plat Book 70, Page 5, 6 and 7 of the Public Records of Pinellas County, Florida; thence along the said Easterly right-of-way line a distance of 10.40 feet along the arc of a curve to the right, said curve having a radius of 300.00 feet and a chord of 10.40 feet which bears S.15°14'37”E., thence parallel with the South boundary line of said Ranchwood Estates S.89°16'22”E., a distance of 411.24 feet to the Point of Beginning.
Together with reciprocal, perpetual and non-exclusive easements for (i) drainage as set forth in that certain Drainage Agreement dated March 15, 1985, and recorded in O.R. Book 6031, Page 409, as amended and restated in O.R. Book 9929, Page 2305, Public Records of Pinellas County, Florida; (ii) ingress and egress as set forth in that certain Ingress and Egress Agreement dated March 15, 1985, and recorded in O.R. Book 6031, Page 414, Public Records of Pinellas County, Florida; and (iii) parking as set forth in that certain Cross Parking Agreement dated March 15, 1985, and recorded in O.R. Book 6031, Page 419, Public Records of Pinellas County, Florida.
And together with reciprocal, perpetual and non-exclusive easements for access, ingress, egress, drainage and utilities as set forth in that certain Declaration of Easements, Covenants, Conditions and Restrictions dated February 28, 1997, as recorded in O.R. Book 9642, Page 1196, Public Records of Pinellas County, Florida.
Parcel 2:
A portion of Lots 10, 11, 12, 13, 14, 17, 18, 19, 20 and 21, Block 1 and a portion of the vacated alley lying in Block 1 of the Revised Plat of Sperry Groves Estates as shown on the plat recorded in Plat Book 21, Page 62, Public Records of Hillsborough County, Florida being further described as follows:
Commence at the Southwest corner of said Lot 17; thence run along the West boundary line of said Lot 17, North 0°53'05” West, a distance of 70.00 feet for a point of beginning; thence continue along the West boundary line of said Lots 17 and 14, North 0°53'05” West, a distance of 191.44 feet to the South right-of-way line of Hillsborough Avenue (S.R. 600); thence along the said South right-of-way line, North 88°57'49” East, a distance of 228.54 feet; thence South 0°59'41” East, a distance of 28.50 feet; thence South 17°06'10” East, a distance of 55.18 feet; thence South 00°59'41” East, a distance of 110.09 feet; thence South 89°00'19” West, a distance of 244.22 feet to the Point of Beginning.
Together with easements for ingress, egress and drainage as set forth in that certain Declaration of Easements, Covenants, Conditions and Restrictions recorded in O.R. Book 7800, Page 386, Public Records of Hillsborough County, Florida.
Name of Debtors: S-B PROPERTIES NO. 3, LLC, a Florida limited liability company and S-B PROPERTIES NO. 7, LLC, a Florida limited liability company, jointly and severally
Item No. 4:
All of Debtor's right, title and interest now or hereafter acquired in and to:
All “Personalty” meaning all personal property of any kind or nature whatsoever; whether tangible or intangible and whether now owned or hereafter acquired, in which Debtor now has or hereafter acquires an interest and which is used in the construction of, or is placed upon, or is derived from or used in connection with the maintenance, use, occupancy or enjoyment of, the Property, including (a) the Accessories; (b) the Accounts; (c) all franchise, license, management or other agreements with respect to the operation of the Real Property or the business conducted therein (provided all of such agreements shall be subordinate to the Deed of Trust, and Secured Party shall have no responsibility for the performance of Debtor's obligations thereunder) and till all general intangibles (including payment intangibles, trademarks, trade names, goodwill, software and symbols) related to the Real Property or the operation thereof; (d) all sewer and water taps, appurtenant water stock or water rights, allocations and agreements for utilities, bonds, letters of credit, permits, certificates, licenses, guaranties, warranties, causes of action, judgments, Claims, profits, security deposits, utility deposits, and all rebates or refunds of fees, Taxes, assessments, charges or deposits paid to any Governmental Authority related to the Real Property or the operation thereof; (e) all of Debtor's rights and interests under all Swap Contracts, including all rights to the payment of money from Secured Party (or its affiliate) under any Swap Contract and all accounts, deposit accounts and general intangibles, including payment intangibles, described in any Swap Contract; (f) all insurance policies held by Debtor with respect to the Property or Debtor's operation thereof; and (g) all money, instruments and documents (whether tangible or electronic) arising from or by virtue of any transactions related to the Property, and all deposits and deposit accounts of Debtor with Secured Party related to the Property, including any such deposit account from which Debtor may from time to time authorize Secured Party to debit and/or credit payments due with respect to the Loan; together with all Additions to and Proceeds of all of the foregoing.
All “Condemnation Awards” meaning any and all judgments, awards of damages (including severance and consequential damages), payments, proceeds, settlements, amounts paid for a taking in lieu of Condemnation, or other compensation heretofore or hereafter made, including interest thereon, and the right to receive the same, as a result of, or in connection with, any Condemnation or threatened Condemnation.
All “Insurance Proceeds” meaning the insurance claims under and the proceeds of any and all policies of insurance covering the Property or any part thereof, including all returned and unearned premiums with respect to any insurance relating to such Property, in each case whether now or hereafter existing or arising.
All “Design and Construction Documents” meaning collectively, (a) all contracts for services to be rendered, work to be performed or materials to be supplied in the development of the Land or the construction or repair of Improvements, including all agreements with architects, engineers or contractors for such services, work or materials; (b) all plans, drawings and specifications for the development of the Land or the construction or repair of Improvements; (c) all permits, licenses, variances and other rights or approvals issued by or obtained from any Governmental Authority or other Person in connection with the development of the Land or the construction or repair of Improvements; and (d) all amendments of or supplements to any of the foregoing.
All “Contracts of Sale” meaning all contracts for the sale of all or any part of the Property or any interest therein, whether now in existence or hereafter executed.
All “Refinancing Commitments” meaning all commitments from or other agreements with any Person providing for the financing of the Property, some or all of the process of which are intended to be used for the repayment of all or a portion of the Loan.
All “Leases” meaning all leases, license agreements and other occupancy or use agreements (whether oral or written) now or hereafter existing, which cover or relate to the Property or any part thereof, together with all options therefore, amendments thereto and renewals, modifications and guaranties thereof, including any cash or security deposited under the Leases to secure performance by the tenants of their obligations under the Leases, whether such cash or security is to be held until the expiration of the terms of the Leases or applied to one or more of the installments of rent coming due thereunder.
All “Rents” meaning all of the rents, royalties, issues, profits, revenues, earnings, income and other benefits of the Property, or arising from the use or enjoyment of the Property, including all such amounts paid under or arising from any of the Leases and all fees, charges, accounts or other payments for the use or occupancy of rooms or other public facilities within the Real Property.
All substitutions, replacements, additions, accessions, and proceeds for or to any of the foregoing property described herein.
Capitalized terms used above without definition have the meanings given them in the Mortgage, Assignments of Rents, Security Agreement and Fixture Filing (the “Deed of Trust”) dated as of even date herewith, given by Debtor, as Grantor, for the benefit of Secured Party, as Beneficiary, and recorded in the Official Records of Hillsborough and Pinellas Counties, State of Florida. The real property encumbered by the Deed of Trust, and on which the personal property described herein is located (other than as described hereinabove), is described on Exhibit A attached hereto.
EXHIBIT A
Parcel 1:
A tract of land in Section 25, Township 28 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows:
Commence at the Southeast corner of the Northeast 1/4 of said Section 25 and go N.89°12'19” W., a distance of 2528.14 feet along the East-West centerline of said Section 25 (the centerline of State Road No. 580 Right-of-Way) thence N.00°19'13”W., a distance of 71.17 feet to a point on the North right-of-way line of state road No. 580 as it is now established; thence continue N.0°19'13” W., a distance of 254.08 feet for a point of beginning; thence continue N.0°19'13”W., a distance of 84.76 feet; thence S.89°12'19”E., a distance of 550.00 feet; thence N.0°19'13”W., a distance of 71.31 feet; thence N.89°16'22”W. a distance of 705.67 feet; thence S.00°43'38”W., a distance of 145.40 feet; thence N.89°16'22”W. a distance of 255.57 feet to the Easterly right-of-way line of Overcash Drive as shown on the plat of Ranchwood Estates recorded in Plat Book 70, Page 5, 6 and 7 of the Public Records of Pinellas County, Florida; thence along the said Easterly right-of-way line a distance of 10.40 feet along the arc of a curve to the right, said curve having a radius of 300.00 feet and a chord of 10.40 feet which bears S.15°14'37”E., thence parallel with the South boundary line of said Ranchwood Estates S.89°16'22”E., a distance of 411.24 feet to the Point of Beginning.
Together with reciprocal, perpetual and non-exclusive easements for (i) drainage as set forth in that certain Drainage Agreement dated March 15, 1985, and recorded in O.R. Book 6031, Page 409, as amended and restated in O.R. Book 9929, Page 2305, Public Records of Pinellas County, Florida; (ii) ingress and egress as set forth in that certain Ingress and Egress Agreement dated March 15, 1985, and recorded in O.R. Book 6031, Page 414, Public Records of Pinellas County, Florida; and (iii) parking as set forth in that certain Cross Parking Agreement dated March 15, 1985, and recorded in O.R. Book 6031, Page 419, Public Records of Pinellas County, Florida.
And together with reciprocal, perpetual and non-exclusive easements for access, ingress, egress, drainage and utilities as set forth in that certain Declaration of Easements, Covenants, Conditions and Restrictions dated February 28, 1997, as recorded in O.R. Book 9642, Page 1196, Public Records of Pinellas County, Florida.
Parcel 2:
A portion of Lots 10, 11, 12, 13, 14, 17, 18, 19, 20 and 21, Block 1 and a portion of the vacated alley lying in Block 1 of the Revised Plat of Sperry Groves Estates as shown on the plat recorded in Plat Book 21, Page 62, Public Records of Hillsborough County, Florida being further described as follows:
Commence at the Southwest corner of said Lot 17; thence run along the West boundary line of said Lot 17, North 0°53'05” West, a distance of 70.00 feet for a point of beginning; thence continue along the West boundary line of said Lots 17 and 14, North 0°53'05” West, a distance of 191.44 feet to the South right-of-way line of Hillsborough Avenue (S.R. 600); thence along the said South right-of-way line, North 88°57'49” East, a distance of 228.54 feet; thence South 0°59'41” East, a distance of 28.50 feet; thence South 17°06'10” East, a distance of 55.18 feet; thence South 00°59'41” East, a distance of 110.09 feet; thence South 89°00'19” West, a distance of 244.22 feet to the Point of Beginning.
Together with easements of ingress, egress and drainage as set forth in that certain Declaration of Easements, Covenants, Conditions and Restrictions recorded in O.R. Book 7800, Page 386, Public Records of Hillsborough County, Florida.
Said sale will be made pursuant to and in order to satisfy the terms of said Final Summary Judgment of Foreclosure.
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.
NOTICE OF AMERICANS WITH DISABILITIES ACT OF 1990
Administrative Order No. 97-3
If you are a person with a disability who needs any accommodation in order to participate in a court 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, Room 604, Tampa, Florida 33602, (813) 272-7040, at least seven (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 this 29 day of February, 2012.
PAT FRANK
Clerk of the Court
(SEAL) By: Alexis De La Rosa
As Deputy Clerk
Attorneys for Movant:
Denise D. Dell-Powell, Esq.
Florida Bar Number: 0890472
Christopher S. Linde, Esq.
Florida Bar Number: 0026396
Burr & Forman LLP
200 S. Orange Avenue, Suite 800
Orlando, FL 32801
Phone: (407) 540-6600
Fax: (407) 540-6601
35717 v1
March 9, 16, 2012 12-0753H