12-1458P

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
GENERAL JURISDICTION
DIVISION
CASE NO. 2010-CA-11254
DIVISION: K
QUALITY PROPERTIES ASSET
MANAGEMENT COMPANY, an
Illinois corporation, as successor in
interest by assignment of Bank of
America, N.A., a national banking
association,
Plaintiff, vs.
D & T FUNDING GROUP LLP, a
Florida limited liability partnership,
et. al.,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Uniform Final Judgment of Foreclosure entered in the above-styled cause in the Circuit Court of Hillsborough County, Florida, I will sell the following property situated in Hillsborough, Pinellas and Pasco Counties, Florida, described as:
SEE EXHIBIT “A” ATTACHED HERETO
AND BY REFERENCE MADE A PART HEREOF
LEGAL DESCRIPTION OF THE PROPERTY
“EXHIBIT A”
PARCEL 1:
Lots 3 and 21, Bella Casa, according to the map of plat thereof recorded in Plat Book 107, Page 285, of the public records of Hillsborough County, Florida.
PARCEL 2: (INTENTIONALLY OMITTED)
PARCEL 3: (INTENTIONALLY OMITTED)
PARCEL 4: (INTENTIONALLY OMITTED)
PARCEL 5: (INTENTIONALLY OMITTED)
PARCEL 6: (INTENTIONALLY OMITTED)
PARCEL 7:
Lot 13, Block 10, Mirabay Phase 3C-2, according to the map of plat thereof recorded in Plat Book 104, Page 166, of the public records of Hillsborough County, Florida.
PARCEL 8: (INTENTIONALLY OMITTED)
PARCEL 9: (INTENTIONALLY OMITTED)
PARCEL 10:
Lot 9, Block 1, Wellington Manor Phase 2, according to the map of plat thereof recorded in Plat Book 95, Page 13, of the public records of Hillsborough County, Florida.
PARCEL 11:
Lots 1 and 9, Estuary of Mobbly Bay, according to the map of plat thereof recorded in Plat Book 121, Page 19, of the public records of Pinellas County, Florida.
PARCEL 12: (INTENTIONALLY OMITTED)
PARCEL 13: (INTENTIONALLY OMITTED)
PARCEL 14:
Lot 14, Block 6, Tree Tops North Phase 2A, according to the map of plat thereof recorded in Plat Book 103, Page 48, of the public records of Hillsborough County, Florida
PARCEL 15:
TRACT “A”
From the Northwest corner of the NW 1/4 of Section 11, Township 26 South, Range 18 East, Pasco County, Florida, run S 00°25'21'' W. , along the Section line, 329.225 feet; thence N 89°38'44” E, along the North boundary of the S ½ of the N ½ of the NW 1/4 of the NW 1/4, 25.00 feet to the Point of Beginning; continue thence N 89°38'44” E. , 1283.18 feet to the East boundary of the NW 1/4 of the NW 1/4; thence S 00°21'00'' W., 664.58 feet; thence S 89°54'53” W., 654.48 feet; thence N 00°23'10” E., 96.52 feet; thence S 89°38'44” W., 629.45 feet; thence N 00°25'21” E., 565.00 feet to the Point of Beginning.
TRACT “B”
From the Northwest corner of the NW 1/4 of Section 11 , Township 26 South, Range 18 East, Pasco County, Florida, run S 00°25'21'' W., along the Section line, 894.225 feet; thence N 89°38'44” E., 25.00 feet to the Point of Beginning; thence S 00°25'21” W. , 615.40 feet; thence S 34°50'20” E., parallel to and 100 feet from the center line of the S.C.L. Railroad, 428.10 feet; thence N 45°17'39” E., 382.01 feet; thence S 42°14'13” E., 40.04 feet; thence N 16°10' E., 316.87 feet; thence N 00°23'10” E., 427.28 feet; thence S 89°38'44” W, 629.45 feet to the Point of Beginning.
TRACT “C”
Commence at the Southwest corner of the NW 1/4 of the NW 1/4 of Section 11, Township 26 South, Range 18 East, Pasco County, Florida; thence run S 89°57'04” E. , a distance of 25.00 feet along the South line of the NW 1/4 of the NW 1/4 of said Section 11; thence run S 00°25'21” W., a distance of 192.55 feet to the Point of Beginning, thence run N 00°25'21” E., a distance of 86.61 feet; thence run S 34°50'20” E., a distance of 490.12 feet; thence continue S 34°50'20” E. a distance of 40 feet, more or less, to a point on the Southeasterly right-of-way line of Drexel Road; thence run Southeasterly a distance of 100.75 feet more or less, to an iron pipe located at the intersection of the Southeastern and Southwestern right-of-way lines of Drexel Road; thence run Northwesterly along the Southwestern right-of-way line of Drexel Road a distance of 450.00 feet, more or less, to an iron pipe on the Western line of said Section 11 lying 243.64 feet South of the Southwest corner of the NW 1/4 of the NW 1/4 of said Section 11; and thence run Northeasterly to the Point of Beginning.
collectively, Parcels 1 through 15 above being referred to as the “Land.”
TOGETHER WITH AND LIMITED TO ALL TENEMENTS, HEREDITAMENTS, EASEMENTS AND OTHER ITEMS OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ALL OTHER RIGHTS OF ANY NATURE WHATSOEVER APPURTENANT OR RELATING TO THE “LAND,” ALL OF WHICH ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
All of the following now owned and held or acquired by D & T Funding Group, LLP (“D & T”), and HBH Management, Inc., Hannah Bartoletta Homes, Inc., Hannah-Bartoletta Construction, Inc., Hannah-Bartoletta Enterprises, Inc., and HB Prime Sites IV, LLC (“Approved Borrowers”) related to the Land, and the benefit of all related tenements, hereditaments, easements and other rights of any nature whatsoever, if any, appurtenant to the Land, the benefit of all rights-of-way, strips and gores of land, streets, alleys, passages, drainage rights, sanitary sewer and potable water rights, storm water drainage rights, rights of ingress and egress to the Land and all adjoining property, and any improvements now or hereafter located on any such real property interests, water rights and powers, oil, gas, mineral and riparian and littoral rights, whether now existing or hereafter arising, together with the reversion or reversions, remainder or remainders, incomes and profits of any of the foregoing related to the Land;
All rights to payment of a monetary obligation, whether or not earned by performance, for property that has been or is to be sold;
All machinery, equipment, fixtures, and other property used in or purchased for business, together with all increases, parts, fittings, accessories, repair, equipment, and special tools now or later affixed to or used in connection with the foregoing property, all transferable rights to the licenses and warrants (express or implied) received from the sellers and manufacturers of the foregoing property, all related claims, credits, setoffs, and other rights of recovery; all fixtures and articles of personal property now or hereafter owned and forming a part of or used in connection with the Land, including, but without limitation, any and all air conditioners, antennae, appliances, apparatus, awnings, basins, bathtubs, bidets, boilers, bookcases; cabinets, carpets, computer hardware and software used in the operation of the real property above-described, coolers, curtains, dehumidifiers, disposals, doors, drapes, dryers, ducts, dynamos, elevators, engines, equipment, escalators, exercise equipment, fans, fittings, floor coverings, furnaces, furnishings, furniture, hardware, heaters, humidifiers, incinerators, lighting, machinery, motors, ovens, pipes, plumbing, pumps, radiators, ranges, recreational facilities, refrigerators, screens, security systems, shades, shelving, sinks, sprinklers, stokers, stoves, toilets, ventilators, wall coverings, washers, windows, window coverings, wiring, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are or shall be attached to the real property above-described or the improvements thereon in any manner; all of the aforesaid property owned by D & T and Approved Borrowers placed on the Land or the improvements thereon, being deemed to be fixtures, a part of the realty, and security for the indebtedness owed to Bank of America, N.A., or its assignee (“Lender”);
All mortgage documents and loan documents executed by D & T, Approved Borrowers or the Affiliated Entities related to the Land, including but not limited to all plans, surveys, appraisals, construction documents, transferable governmental authorizations and development rights (but not the obligations), all engineer's contracts, and all architect contracts.
All inventory of whatever kind or nature and wherever located, including supplies, packaging, raw materials, goods in transit, work in process, materials used or consumed or to be used or consumed in business or in the processing, packaging, or shipping of same, all finished goods, and all property, the sale or lease of which has given rise to and that has been returned to or repossessed or stopped in transit, and all warranties and related claims, credits, setoffs, and other rights of recovery with respect to any of the foregoing;
All books and records (including, without limitation, customer lists, credit files, magnetic, digital and laser tapes and disks, electronic and computer storage media, computer programs, print-outs, and other computer materials and records) pertaining to any of the personal property, collateral and intangibles herein above described; and
All proceeds, products, parts, replacements, or accessories to, and substitutions for, the foregoing property including, without limitation, proceeds of and unearned premiums with respect to insurance policies insuring any of the foregoing.
at public sale, to the highest and best bidder for cash, on the 2nd Floor at the George E. Edgecombe Courthouse Building, Room 201/202, located at 800 East Twiggs Street, Tampa, Florida, at 10:00 a.m. on June 1, 2012.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK OF COURT NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS 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 STREET, ROOM 604, TAMPA, FLORIDA 33602, (813) 272-7040, AT LEAST 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 25 day of April, 2012.
PAT FRANK
Clerk of the Circuit Court
Hillsborough County, Florida
(SEAL) By: Darrell Morning
Deputy Clerk
May 4, 11, 2012 12-1458P