12-1029H

FIRST INSERTION
NOTICE of sale
in the circuit court FOR THE thirteenth judicial circuit in and for hillsborough county, FLORIDA
CIVIL DIVISION
Case No. 10-CA-018420
Division F
FANNIE MAE,
Plaintiff, vs.
RUBIO INVESTMENT
PROPERTIES, LLC, a Florida
limited liability company, EDWARD M. RUBIO and CARYN M. RUBIO,
Defendants.
Notice is hereby given that, pursuant to the Order or Final Judgment entered on March 7, 2012 in this cause in the Circuit Court of Hillsborough County, Florida. I will sell the property situated in Hillsborough County, Florida, described as:
SEE ATTACHED
EXHIBITS “A” AND “B”
EXHIBIT A
All that certain plot, piece, or parcel of land with the buildings and improvements now thereon or hereafter erected, situate, lying, and being in the City of Tampa, County of Hillsborough, State of Florida, said plot of land being more particularly bounded and described as follows:
PARCEL A
A tract BEGINNING at a point on the East right-of-way line of Dale Mabry Highway 22.0 feet South of the North boundary of the SE 1/4 of Section 9, Township 30 South, Range 18 East, Hillsborough County, Florida, thence continue South along said right-of-way line 93.0 feet, thence East 200.0 feet, thence North 93.0 feet, thence West 200.0 feet to the point of BEGINNING. Subject to right-of-way to the State of Florida by instrument recorded at Official Records Book 3257, Page 770, Public Records of Hillsborough County, Florida.
PARCEL B
A tract BEGINNING at a point on the East right-of-way line of Dale Mabry Highway 185.0 feet South of the North boundary of the SE 1/4 of Section 9, Township 30 South, Range 18 East, Hillsborough County, Florida, thence continue South along said right-of-way line 100.0 feet, thence East 200.0 feet, thence North 100.0 feet, thence West 200.0 feet to the point of BEGINNING. Subject to right-of-way for Dale Mabry Highway.
PARCEL C
A tract BEGINNING at a point on the East right-of-way line of Dale Mabry Highway 285.0 feet South of the North boundary of the SE 1/4 of Section 9, Township 30 South, Range 18 East, Hillsborough County, Florida, thence continue South along said right-of-way line 100.0 feet, thence East 200.0 feet, thence North 100.0 feet, thence West 200.0 feet to the point of BEGINNING. Subject to right-of-way for Dale Mabry Highway.
TOGETHER with all right, title and interest of, in and to any streets and roads abutting the above described premises.
SAID PREMISES being known as and by the street numbers 3729 West Wallace Avenue; 3729 West Tyson Avenue; and 3730 West Tyson Avenue, Tampa, Florida 33611 and also known as Folio # 132494-0000.
Exhibit B
All of Borrower's present and future right, title and interest in and to all of the following:1
(1) the Land;
(2) the Improvements;
(3) the Fixtures;
(4) the Personalty;
(5) all current and future rights, including air rights, development rights, zoning rights and other similar rights or interests, easements, tenements, rights-of-way, strips and gores of land, streets, alleys, roads, sewer rights, waters, watercourses, and appurtenances related to or benefiting the Land or the Improvements, or both, and all rights-of-way, streets, alleys and roads which may have been or may in the future be vacated;
(6) all proceeds paid or to be paid by any insurer of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property, whether or not Borrower obtained the insurance pursuant to Lender's requirement;
(7) all awards, payments and other compensation made or to be made by any municipal, state or federal authority with respect of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property, including any awards or settlements resulting from condemnation proceedings or the total or partial taking of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property under the power of eminent domain or otherwise and including any conveyance in lieu thereof;
(8) all contracts, options and other agreements for the sale of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property entered into by Borrower now or in the future, including cash or securities deposited to secure performance by parties of their obligations;
(9) all proceeds from the conversion, voluntary or involuntary, of any of the above into cash or liquidated claims, and the right to collect such proceeds;
(10) all Rents and Leases;
(11) all earnings, royalties, accounts receivable, issues and profits from the Land, the Improvements or any other part of the Mortgaged Property, and all undisbursed proceeds of the loan secured by this Instrument and, if Borrower is a cooperative housing corporation, maintenance charges or assessments payable by shareholders or residents;
1 All capitalized terms are defined in the Multifamily Mortgage, Assignment of Rents, and Security Instrument (the “Mortgage”) dated May 25, 2005 and recorded on May 25, 2005, in the Official Records of Hillsborough County, Florida at Book 15046, Page 1002.
(12) all Imposition Deposits;
(13) all refunds or rebates of Impositions by any municipal, state or federal authority or insurance company (other than refunds applicable to periods before the real property tax year in which this Instrument is dated),
(14) all tenant security deposits which have not been forfeited by any tenant under any Lease; and
(15) all names under or by which any of the above Mortgaged Property may be operated or known, and all trademarks, trade names, and goodwill relating to any of the Mortgaged Property.
at public sale, to the highest and best bidder, for cash, at the George E. Edgecomb Courthouse, 2nd Floor, Room 202, 800 East Twiggs Street, Tampa, FL 33602, at 10:00 A.M on April 11, 2012. Any person claiming an interest in the surplus from the sale, if any, other than the property owners as of the date of the lis pendens must file a claim within 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 court Administration at telephone number (813) 276-8100, not 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.
Dated: March 19, 2012
PAT FRANK
As Clerk of the Court
By: Glendaly Martinez
Deputy Clerk
SAXON, GILMORE,
CARRAWAY & GIBBONS, P.A.
201 E. Kennedy Blvd., Suite 600
Tampa, FL 33602
Phone (813) 314-4500
March 23, 30, 2012 12-1029H