12-4795H

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 12-CA-004464
Division: H
EVERBANK, a federal savings bank,
Plaintiff, v.
BAVARO PINECREST, LLC, a Florida limited liability company;
VITO BAVARO, Individually;
THEODORA BAVARO,
Individually; BB LIQUIDATING INC., a Delaware corporation,
f/k/a BLOCKBUSTER INC., a
Delaware corporation; BELSLEY CONSTRUCTION, INC.; and
UNKNOWN TENANTS/SPOUSES/OWNERS IN POSSESSION n/k/a FIRE AND ICE PAWN, INC.,
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, the Clerk of Court shall hold a sale of the subject property situate in Hillsborough County, Florida, 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”
LEGAL DESCRIPTION
That portion of the South 1/2 of Section 6, Township 30 South, Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
From the South 1/4 corner of said Section 6 as a point of reference; thence North 00° 47' 14” East, 256.83 feet along the West line of said Southwest 1/4 of the Southeast 1/4 of Section 6, to the Easterly right-of-way line of Lithia-Pinecrest Road (State Road S-640); thence continue along said Easterly right-of-way North 37° 50' 13” West, 91.93 feet to a point of curvature; thence along the arc of a curve to the left, radius 11,509.16 feet, arc 101.27 feet, chord North 38° 05' 21” West 101.27 feet; thence leaving said Easterly right-of-way line North 51° 44' 01” East, 13.62 feet to the point of beginning; thence North 39° 51' 54” West 238.64 feet; thence North 12° 00' 12” East, 30.96 feet to the Easterly right-at-way line of realigned Miller Road; thence along said Easterly right-of-way line, North 50° 22' 36” East, 214.33 feet to a point of curvature; thence along the arc of a curve to the left, radius 412.00 feet, arc 81.46 feet, chord North 44°42' 44” East, 81.33 feet; thence leaving said Easterly right-of-way line, South 50° 57' 08” East, 47.08 feet; thence South 51° 09' 51” West 124.42 feet; thence South 38° 50' 09” East, 80.06 feet; thence South 33° 53' 11” West, 171.03 feet; thence South 38° 44' 35” East, 93.71 feet; thence South 51° 44' 01” West, 36.85 feet to the point of beginning.
TOGETHER WITH easement for ingress and egress as set forth in that certain Declaration of Restrictions and Grant at Easements recorded in O.R. Book 8212, page 1495, as amended in O. R. Book 8331, page 1043; O.R. Book 8745, page 310 and O.R. Book 9767, page 1550, all of the Public Records of Hillsborough County. Florida.
Together with collateral described as follows:
All rights, title and interest of Borrowers in and to the following Collateral which in any manner whatsoever is located on or arising out of Borrowers' ownership of the property described herein.
.
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon or under the property or any part thereof and usd or usable in connection with any present or future operation of the property and now owned or hereafter acquired by Borrowers, including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment, engines, pipes, pumps, tanks, motors, conduits, switchboards, plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus, boilers, ranges, furnaces, oil burners or units thereof, appliances, air cooling and air conditioning apparatus, vacuum cleaning systems, elevators, escalators, shades, awnings; screens, storm doors and windows, stoves, wall beds, refrigerators, attached cabinets, partitions, ducts and compressors, rugs and carpets, draperies, furniture and furnishings, together with all building materials and equipment now or hereafter delivered to the property and intended to be installed therein, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails,. sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all proceeds, additions. and accessions thereto and replacements thereof.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Borrowers which are now or hereafter located by, over and upon the property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All paving for streets, roads. walkways or entrance ways now or hereafter .owned by Borrowers and which are now or hereafter located on the property or any part or parcel thereof.
All of Borrowers' interest as lessor in and to all leases or rental arrangements of the property or any part thereof, heretofore made and entered into, and in and to all leases rental arrangements hereafter made and entered into by Borrowers, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.
Any and all awards or payments, including interest thereon and the right to receive the same, as a result of (a) the exercise at the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of or decrease in the value of the property described herein.
All of the right, title and interest of the Borrowers in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the property described herein, or (b) rents, revenues, income, profits or proceeds from the sale of any portion of the said properties described herein.
All Contract rights of Borrowers arising from contracts entered into in connection with development, construction upon or operation of the said property, including, but not limited to, all deposits held by or on behalf of the Borrowers, and all management, franchise, and service agreements related to the business now or hereafter conducted by the Borrowers on the Property.
All of the right, title and interest of the Borrowers in and to any trade names, names of businesses, or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the property.
All of Borrowers' interest in all utility security deposits or bonds on the property herein or any part or parcel thereof.
All licenses, permits, approvals, certificates and agreements with or from all boards, agencies, departments, governmental or otherwise, relating directly or indirectly to the ownership, use, operation and maintenance of the premises, or the development or construction of improvements on the Premises, whether heretofore or hereafter issued or executed.
All contracts, subcontracts, agreements, service agreements, warranties and purchase orders which have heretofore been or will hereinafter be executed by or on behalf of the Borrowers, or which have been assigned to Borrowers, in connection with the use, operation and maintenance of the Premises, or the development or construction of improvement on the Premises, including but not limited to those specific agreements listed below.
Any and all plans and specifications, drawings, blueprints or other instruments or matter prepared by or for Borrowers in connection with the Premises, and any and all additions and/or modifications thereto.
All contracts and agreements which have heretofore been or will hereafter be executed by or on behalf of Borrowers in connection with the sale of any portion of the property described herein.
Together with all instruments, documents, accounts, receipts, chattel papers and general business intangibles relating to or arising from the foregoing collateral and all cash and 'non-cash proceeds and products thereof.
at public sale, to the highest and best bidder, for cash, on December 6, 2012, beginning at 10:00 A.M., by electronic sale, at www.hillsborough.realforeclose.com, in accordance with section 45.031, Florida Statutes.
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.
Any person claiming an interest in surplus from the sale, if any, other than the property owner as of the date of the Lis Pendens must file a claim within sixty (60) days after the sale.
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 October 29, 2012.
TIRSO M. CARREJA, JR., Esq.
Florida Bar Number: 0090816
FOWLER WHITE BOGGS P.A.
501 E. Kennedy Blvd.
Suite 1700
Tampa, FL 33602
Tel.: (813) 228-7411
Fax: (813) 229-8313
[email protected]
Attorneys for Plaintiff
November 2, 9, 2012 12-4795H