12-0842H

FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.
2011-CA-006589 Division J
ORIX CAPITAL MARKETS, LLC, AS SPECIAL SERVICER FOR WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF BANC OF
AMERICA COMMERCIAL MORTGAGE INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-4,
Plaintiff, vs.
NEW TAMPA HOSPITALITY GROUP, LLC, a Florida limited liability company; and NORTH PALMS VILLAGE MASTER
ASSOCIATION, INC., a Florida non-profit corporation,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure dated February 28, 2012, entered in Case No. Case No. 2011-CA-006589 (J) , in the Circuit Court of the 13th Judicial Circuit in and for Hillsborough County, Florida, wherein ORIX CAPITAL MARKETS, LLC, AS SPECIAL SERVICER FOR WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF BANC OF AMERICA COMMERCIAL MORTGAGE INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-4, is the Plaintiff, and NEW TAMPA HOSPITALITY GROUP, LLC, a Florida limited liability company; and NORTH PALMS VILLAGE MASTER ASSOCIATION, INC., a Florida non-profit corporation, are the Defendants, I will sell to the highest and best bidder for cash except as set forth hereinafter, on April 5, 2012, at 10 AM, at the Hillsborough County Courthouse, Room 201/202, 2nd Floor, of the George E. Edgecomb Building, 800 East Twiggs Street, Tampa, Florida 33602, the following described property situated in Hillsborough County, as set forth in said Final Judgment, to wit:
SEE COMPOSITE EXHIBIT “A” and EXHIBIT “A-1”
ATTACHED HERETO AND MADE A PART HEREOF
COMPOSITE
EXHIBIT “A”
Mortgaged Property
All of New Tampa Hospitality Group, LLC's estate, right, title and interest in, to, under or derived from any and all of the following described property, whether now owned or hereafter acquired (collectively, the “Mortgaged Property”):
(A) That certain real property situated in the County of Hillsborough, State of Florida, more particularly described on Exhibit A-1 attached hereto (the “Land”);
(B) All appurtenances, easements, rights-of-way, water and water rights, pumps, pipes, flumes and ditches and ditch rights, water stock, ditch and/or reservoir stock or interests, royalties, development rights and credits, air rights, minerals, oil rights and gas rights, now or later used or useful in connection with, appurtenant to or related to the Land;
(C) All buildings, structures, facilities, other improvements and fixtures now or hereafter located on the Land;
(D) All apparatus, equipment, machinery and appliances and all accessions thereto and renewals and replacements thereof and substitutions therefor used in the operation or occupancy of the Land, it being intended by the parties that all such items shall be conclusively considered to be a part of the Land, whether or not attached or affixed to the Land;
(E) All land lying in the right-of-way of any street, road, avenue, alley or right-of-way opened, proposed or vacated, and all sidewalks, strips and gores of land adjacent to or used in connection with the Land;
(F) All additions and accretions to the property described above;
(G) All licenses, authorizations, certificates, variances, consents, approvals and other permits now or hereafter pertaining to the Land and all estate, right, title and interest of Mortgagor in, to, under or derived from all trade names or business names relating to the Land or the present or future development, construction, operation or use of the Land; and
(H) All proceeds of any of the foregoing.
As used in this Exhibit, “Borrower” refers to Defendant, New Tampa Hospitality Group, LLC, a Florida limited liability company.
Exhibit “A-1”
Legal Description
Lot 4, of NORTH PALMS VILLAGE PHASE 4, according to the map or plat thereof recorded in Plat Book 84, Page 3, of the Public Records of Hillsborough County, Florida.
TOGETHER WITH that certain Non-Exclusive Easement for ingress and egress for the benefit of the above described parcel as set forth in instrument recoded in Official Records Book 9314, Page 1430, of the Public Records of Hillsborough County, Florida.
TOGETHER WITH easement for the benefit of the above described parcel as set forth in Underground Sewer Line Easement and Agreement recorded in Official Records Book 13006, Page 553, of the Public Records of Hillsborough County, Florida.
TOGETHER WITH easements for the benefit of the above described parcel as created by and set forth in that certain Master Declaration of Covenants, Conditions, Restrictions and Easements for North Palms Village recorded in Official Records Book 8534, Page 118, amended and/or supplemented by instruments recorded in Official Records Book 8764, Page 1444, Official Records book 9043, Page 1534 and Official Records Book 9263, Page 1114; all of the Public Records of Hillsborough County, Florida.
Property Address: 17301 Dona Michelle Drive, Tampa, Florida 33647
MIADOCS 6084992 2
Property Address: 17301 Dona Michelle Drive, Tampa, Florida 33647.
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.
AMERICANS WITH DISABILITIES ACT (ADA) NOTICE
*In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs a special accommodation to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. To request such accommodation, please contact ADA Coordinator within seven (7) working days of the date the service is needed at 813-276-8100, Ext. 4205. If hearing or voice impaired call 711, or (TDD) (800) 955-8771, or (800) 955-8770 (V), via Florida Relay Service, or by email: [email protected]
DATED THIS 08 day of March, 2012.
PAT FRANK,
Clerk Of Court,
Hillsborough County, Florida
(SEAL) By: Glendaly Martinez
Deputy Clerk
Lee D. Mackson, Esq.
SHUTTS & BOWEN LLP
201 S. Biscayne Blvd., Suite 1500
Miami, FL 33131
March 16, 23, 2012 12-0842H