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FIRST INSERTION
NOTICE of sale
in the circuit court of
the THIRTEENTH judicial circuit in and for
hillsborough county, florida
CIVIL division
CASE NO.
2012-CA-002376 - DIV. L
FOUNDATION CAPITAL
RESOURCES, INC., a Georgia corporation,
Plaintiff, vs.
IGLESIA DE DIOS FARO DE
RESTAURACION IN TAMPA,
INC., a Florida nonprofit
corporation, et al, and
UNKNOWN TENANTS,
Defendants.
Notice is hereby given that, pursuant to the Uniform Final Judgment of Foreclosure entered April 18, 2012, entered in this cause in the Circuit Court of Hillsborough County, Florida, I will sell the property situated in Hillsborough County, Florida, described as:
REAL PROPERTY
See Exhibit “A” Attached Hereto
PERSONAL PROPERTY
EXHIBIT “A”
LEGAL DESCRIPTION
Lots 23 and 24, Block 49, REVISED MAP OF MACFARLANE'S ADDITIONS TO WEST TAMPA, according to the map or plat thereof, as recorded in Plat Book 3, Page 30, of the Public Records of Hillsborough County, Florida.
THE FOLLOWING DESCRIBED PERSONAL PROPERTY OWNED BY IGLESIA DE DIOS GARO DE RESTAURACION IN TAMPA, INC., A FLORIDA NONPROFIT CORPORATION, WHEREVER LOCATED, AS FOLLOWS:
See Exhibit “B” Attached Hereto
EXHIBIT “B”
DESCRIPTION OF
COLLATERAL
(a) All buildings, structures and improvements of every nature whatsoever now or hereafter situated on the land as described in Exhibit “A” (“Property”), and all fixtures, machinery, equipment, building materials, appliances and goods of every nature now or hereafter located on or upon, or intended to be used in connection with, the Land or the improvements thereon, including, but not by way of limitation, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light; and all elevators and related machinery and equipment; all plumbing; and all personal property and fixtures of every kind and character now or at any time hereafter located in or upon the Land or the improvements thereon, of which may now or hereafter be used or obtained in connection therewith, including, without limitation, fixtures, machinery, equipment, appliances, vehicles (excluding Debtor's personal automobiles, if any), building supplies and materials, books and records, chattels, inventory, accounts, farm products, consumer goods, general intangibles and personal property of every kind and nature whatsoever now or hereafter owned by Debtor and located in, on or about, or used or intended to be used with or in connection with the use, operation or enjoyment of the Land or any improvements thereon, including all extensions, additions, improvements, betterments, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest of Debtor in any such fixtures, machinery, equipment, appliances, vehicles and personal property subject to or covered by any prior security agreement, conditionally sales contract, chattel mortgage or similar lien or claim, together with the benefit of any deposit or payments now or hereafter made by Debtor or on behalf of Debtor, all trade names, trademarks, service marks, logos and goodwill related thereto which in any way now or hereafter belong, relate or appertain to the Land or any improvements thereon or any part thereof or are now or hereafter acquired by Debtor; and all inventory, accounts, chattel paper, documents, equipment, fixtures, farm products, consumer goods and general intangibles constituting proceeds acquired with cash proceeds of any of the property described herein, and all other interests of every kind and character in all of the real, personal, intangible and mixed properties described herein which Debtor may now own or at any time hereafter acquire, all of which are hereby declared and shall be deemed to be fixtures and accessions to the Land and a part of the Land as between the parties hereto and all persons claiming by, through or under them.
(b) All of the interest of Debtor in all easements, rights-of-way, licenses, operating agreements, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, oil and gas and other minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions and remainders, whatsoever, in any way belonging, relating or appertaining to the Land or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now or hereafter acquired by Debtor.
(c) All income (but not limited to, all revenues, pledges, income, gifts, donations and offerings from whatever sources owned by Debtor), rents issues, royalties, profits, revenues and other benefits of the Land from time to time accruing, all payments under leases or tenancies, proceeds of insurance, condemnation awards and payments and all payments on account of oil and gas and other mineral leases, working interests, production payments, royalties, overriding royalties, rents, delay rents, operating interest, participating interests and other such entitlements, and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Debtor of, in and to the same (hereinafter collectively referred to as the “Revenues”); reserving only the right to Debtor to collect the Revenues as provided in the Deed of Trust, Assignment of Leases and Rents and Security Agreement executed by Debtor in favor of Secured Party.
(d) All construction or development contracts, subcontracts, architectural agreements, labor, material and payment bonds, and plans and specifications relating, to the construction of improvements on the Land including, without limitation (i) any engineering or architectural agreements entered into with respect to the design and other engineering or architectural services; (ii) the plans and specifications for the construction of said improvements prepared by any engineer or architect; and (iii) any agreements entered into with contractors, suppliers, materialmen or laborers with respect to construction of improvements on the Land.
(e) If applicable, any and all management, agreements, or other correspondence entered into by and between Debtor and third parties for the management of the collateral secured hereby.
(f) Together with any and all additional items of personal property, furnishings, fixtures, equipment, furniture, trade fixtures, and other items of property not heretofore referenced above, including any and all musical instruments, pews, chairs, pulpits, podiums, desks, office furniture, classroom furnishings and materials, dormitory furniture, furnishing and materials, computer equipment and all other items used in connection with the operation of the premises as a college and for related college functions.
at public sale, to the highest and best bidder, for cash, on the 2ND FLOOR OF THE GEORGE E. EDGECOMB BUILDING, ROOM 201/202, located at 800 EAST TWIGGS STREET, in TAMPA, Florida, in accordance with Section 45.031, Florida Statutes, at 2:00 P.M. on June 7, 2012.
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.
If you are a person with a disability who needs an accommodation, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation please contact the ADA Coordinator within seven working days of the date the service is needed; if you are hearing or voice impaired, call 711.
DATED this 23 day of April, 2012.
PAT FRANK,
Clerk of the Circuit Court
(SEAL) By: Jenny Alvarez
Deputy Clerk
THOMAS H. MCLAIN, JR., Esq.
P.O. Box 387
St. Petersburg, FL 33731
341849
May 4, 11, 2012 12-1586H