12-1723H

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO.: 11-CA-10732
DIVISION: H
WELLS FARGO BANK, N.A, as successor-by-merger to Wachovia Bank , N.A.,
Plaintiff, vs.
KENNEDY PLAZA, LLC, a Florida limited liability company; and
UNKNOWN TENANTS/
SPOUSES/ OWNERS IN
POSSESSION
Defendants
NOTICE IS HEREBY GIVEN that, pursuant to a Final Judgment entered in the above-styled cause in the Circuit Court of Hillsborough County, Florida, I shall hold a sale of the subject property described as:
See Exhibit A attached hereto and made a part hereof by reference as is fully set forth herein for legal description.
Exhibit “A”
Property Legal Description
Part of Lot 11 of Hesperides Subdivision, according to the map or plat thereof recorded in Plat Book 2, Page 84, Public Records of Hillsborough County, Florida, described as follows: From a Point of Beginning which is the point of intersection of the Southerly right-of-way line of J. F. Kennedy Boulevard (State Road No. 60) and the West boundary of the East 140.0 feet of said Lot 11, run South, parallel to the East boundary of said Lot 11, a distance of 200.0 feet; run thence East, parallel to the Southerly right-of-way line of J. F. Kennedy Boulevard, a distance of 140.0 feet to a point on the East boundary of said Lot 11; run thence North along said East boundary of Lot 11, a distance of 184.0 feet; run thence along the right-of-way of said J. F. Kennedy Boulevard the following courses and distances: West a distance of 14.0 feet; North a distance of 16.0 feet; West a distance of 84.20 feet; South a distance of 16.0 feet; West a distance of 10.0 feet; North a distance of 16.0 feet; West a distance of 31.80 feet to the Point of Beginning.
Together with any and all right, title and interest of Kennedy Plaza, LLC in and to that portion of South Ward Street vacated by the City of Tampa per Ordinance No. 2007-233 recorded in Official Records Book 18290 at Page 1143 of the Public Records of Hillsborough County, Florida
And together with the following:
1. All fixtures, machinery, equipment and other articles of personal or mixed property, belonging to Debtor, at any time now or hereafter installed in, attached to or situated in or upon the real property described above (the “Real Estate”), or the buildings and Improvements now or hereafter erected thereon (the “Improvements”), or used or intended to be used in connection with the Real Estate, or In the operation of the buildings and improvements, plant, business or dwelling situate thereon, whether or not such personal or mixed property Is or shall be affixed thereto, and all replacements, substitutions and proceeds of the foregoing (collectively, the “Service Equipment”), including without limitation: (i) all appliances, furniture and furnishings; all articles of interior decoration, floor, wall and window coverings; all office, restaurant, bar, kitchen and laundry fixtures, utensils, appliances and equipment; all supplies, tools and accessories; all storm and screen windows, shutters, doors, decorations, awnings, shades, blinds, signs, trees, shrubbery and other plantings; (ii) all building service fixtures, machinery and equipment of any kind whatsoever; all lighting, heating, ventilating, air conditioning, refrigerating, sprinkling, plumbing, security, irrigating, cleaning, incinerating, waste disposal, . communications, alarm, fire prevention and extinguishing systems, fixtures, apparatus, machinery and equipment; all elevators, escalators, lifts, cranes, hoists and platforms; all pipes, conduits, pumps, boilers, tanks, motors, engines, furnaces and compressors; all dynamos, transformers and generators; (iii) all building materials, building machinery and building equipment delivered on site to the Real Estate during the course of, or in connection with any construction or repair or renovation of the buildings and Improvements: (iv) all parts, fittings, accessories, accessions, substitutions and replacements therefore and thereof; and (v) all files, books, ledgers, reports and records relating to any of the foregoing.
2. All leases, subleases, tenancies, licenses, occupancy agreements or agreements to lease all or any portion of the Real Estate, Improvements or Service Equipment and all extensions, renewals, amendments, modifications and replacements thereof, and any options, rights of first refusal or guarantees relating thereto (collectively, the “Leases”); all rents, income, receipts, revenues, security deposits, escrow accounts, reserves, Issues, profits, awards and payments of any kind payable under the Leases or otherwise arising from the Real Estate, Improvements or Service Equipment, including, without limitation, minimum rents, additional rents, percentage rents, parking, maintenance and deficiency rents (collectively, the “Rents”); all of the following personal property (collectively, the “Contracts”): all accounts, general intangibles and contract rights (including any right to payment thereunder, whether or not earned by performance) of any nature relating to the Real Estate, Improvements or Service Equipment, or the use, occupancy, maintenance, construction, repair, or operation thereof; all management agreements, franchise agreements, utility agreements and deposits, building service contracts, maintenance contracts, construction contracts and architect's agreements; all maps, plans, surveys and specifications; all warranties and guaranties; all permits. licenses and approvals; and all insurance policies, books of account and other documents, of whatever kind or character, relating to the use, construction upon, occupancy, leasing, sale or operation of the Real Estate, Improvements or Service Equipment.
3. All awards or payments, including interest thereon, made pursuant to condemnation or eminent domain proceedings with respect to the Real Estate.
4. All policies of property, hazard, rent loss, risk and all other types of insurance covering the Real Estate and the items described In Paragraphs 1 through 3 above, together with any and all extensions and replacements thereof, and any and all rights thereunder, and any and all rights of subrogation.
5. All proceeds of any of the items described in Paragraphs 1 through 4 above, which shall include whatever is received upon the use, lease, sale, exchange, transfer, collection or other utilization or any disposition or conversion of any of the Real Estate, Improvements, Service Equipment, Leases, Rents and Contracts, voluntary or involuntary, whether cash or non-cash, including proceeds of insurance and condemnation awards, rental or lease payments, accounts, chattel paper, instruments, documents, contract rights, general intangibles, equipment and inventory.
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 ON June 14th, 2012 AT 10:00 A.M.
The highest bidder shall immediately post with the Clerk, a deposit equal to 5% of the final bid. The deposit must be cash or cashier's check payable to the Clerk of the Circuit Court. Final payment must be made on or before 5:00 p.m. of the date of the sale by cash or cashier's check.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT AT 813-276-8100 EXT. 4733 WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT BAY AREA LEGAL SERVICES, 829 W. DR. MARTIN LUTHER KING BOULEVARD, 2ND FLOOR, TAMPA, FLORIDA, 33603-3336, TELEPHONE NUMBER, 813-232-1343, TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT THE HILLSBOROUGH COUNTY BAR ASSOCIATION REFERRAL SERVICE AT 813-221-7780 FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE
ATTN.: 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 St., 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 on May 03, 2012.
PAT FRANK
As Clerk of the Court
(Court Seal) By: Felicia Patterson
As Deputy Clerk
May 11, 18, 2012 12-1723H