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FIRST INSERTION
NOTICE OF SALE
IN THE circuit COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, state of FLORIDA
CIVIL DIVISION
CASE NO.: 12-CA-003427
DIVISION: H
JUDGE: Bernard C. Silver
AMERICAN MOMENTUM BANK,
Plaintiff, v.
AMATA CORPORATIONS, INC., et al.,
Defendants.
NOTICE IS GIVEN that pursuant to the Uniform Final Judgment of Foreclosure and For Re-Establishment of Lost Note entered in this action on September 27, 2012, in favor of Plaintiff, American Momentum Bank, the Clerk of Court will sell to the highest and best bidder or bidders for cash at http://www.hillsborough.realforeclosure.com at 10:00 A.M. on November 29, 2012, the following described property: See attached EXHIBIT A (the “Property”).
EXHIBIT A -
LEGAL DESCRIPTION
Parcel I
For a Point of Beginning, Commence at the Northeast corner of the N.E. 1/4 of the N.W. 1/4 of Section 15, Township 29 South, Range 22 East, Hillsborough County, Florida, said Point of Reference being a found square headed bolt lying N 88°34'15” E, a distance of 1330.58 feet from the Northwest corner of the N.E. 1/4 of the N.W.1/4 of said Section 15 and a found railroad spike; thence S00°16'13”E, along the East boundary of the N.E. 1/4 of the N.W. 1/4 of said Section 15, a distance of 1327.41 to the Southeast corner of the N.E. 1/4 of the N.W. 1/4 of said Section 15, a found 3 inch diameter iron pipe; thence N 88°33'30”E, along the North boundary of the S.W 1/4 of the N.E. 1/4 of said Section 15, a distance of 710.00 feet to a point lying S 88°33'30” W, a distance of 616.95 feet from the Northeast comer of the S.W. 1/4 of the N.E. 1/4 of said Section 15, a found iron rod #4417, and the Point of Beginning; thence continue N 88°33'30” E, a distance of 616.95 feet to the Northeast corner of the S.W. 1/4 of the N.E. 1/4 of said Section 15, and a found iron rod #4417; thence N 88°33'30” E, along the North boundary of the S.E. 1/4 of the N.E. 1/4 of said Section 15, a distance of 1325.22 feet to the Northeast corner of the S.E. 1/4 of the N.E. 1/4 of said Section 15, a found 1 inch iron pipe; thence S 00°32'41” W, along the East boundary of the S.E. 1/4 of the N.E. 1/4 of said Section 15, a distance of 303.35 feet to a found 1 inch iron pipe; thence S 88°33'30” W, parallel with the North boundary of the S.E. 1/4 of the N.E. 1/4 of said Section 15, a distance of 661.63 feet to a point on the East boundary of the West 1/2 of the S.E. 1/4 of the N.E. 1/4 of said Section 15; thence S 00°21 '35” W, along said East boundary, a distance of 1023.51 feet to the Northeast corner of the N.W. 1/4 of the N.E. 1/4 of the S.E. 1/4 of said Section 15, a set iron rod lying S 88°31'49” W, a distance of 658.33 feet from the Southeast corner of the S.E. 1/4 of the N.E. 1/4 of said Section 15; thence S 00°08'34” W, a distance of 662.51 feet to the Southeast corner of the N.W. 1/4 of the N.E. 1/4 of the S.E. 1/4 of said Section 15; thence S 88°35'27” W, a distance of 657.62 feet to the Southwest corner of the N.W. 1/4 of the N.E. 1/4 of the S.E. 1/4 of said Section 15, to a point lying N 00°04'58” E, a distance of 661.80 feet from the Southwest corner of the N.E. 1/4 of the S.E. 1/4 of said Section 15, a found railroad spike; thence N 00°04'58” E, a distance of 661.80 feet to the Southeast corner of the S.W. 1/4 of the N.E. 1/4 of said Section 15, a found iron rod #4417; thence S 88°31'49” W, along the South boundary of the S.W. 1/4 of the N.E. 1/4 of said Section 15, a distance of 656.67 feet to a found iron rod #4417 lying N 88°31 '49” E, a distance of 660.00 feet from the Southwest corner of the S.W. 1/4 of the N.E. 1/4 of said Section 15, a found iron rod; thence N 00°16'13” W, parallel with the West boundary of the S.W. 1/4 of the N.E. 1/4 of said Section 15, a distance of 663.54 feet to a found iron rod #4417; thence N 88°32'40” E, a distance of 50.00 feet to a found iron rod #4417; thence N 00°16'13” W, parallel with said West boundary, a distance of 663.53 feet to the Point of Beginning, LESS maintained right-of-way for Smith-Ryals Road.
Parcel II
The West 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 15, Township 29 South, Range 22 East, lying and being in Hillsborough County, Florida, LESS right of way for Trapnell Road.
Including the following:
(A) All of the land (the “Land”) in Hillsborough County, Florida, described above, and made a part hereof, to have and to hold the same, together with all rights, privileges, tenements, hereditaments, rights-of-way, easements, appendages, projections appurtenances, water rights (including riparian and littoral rights), streets, ways, alleys, strips and gores of land now or hereafter in anyway belonging “ to, adjoining, appurtenant to, crossing, or pertaining to the Land.
(B) All buildings, betterments, structures, improvements and fixtures of any nature now or hereafter constructed or located, in whole or in part, on the Land, regardless of whether physically affixed thereto or now or hereafter severed or capable of severance from the Land (collectively, the ''Improvements”).
(C) All tangible property (collectively, the “Equipment”) now or hereafter owned by the Mortgagor and now or hereafter located at, affixed to, placed upon or used in connection with the Land or the Improvements. The Equipment includes, without limitation, the following: (l) all machinery, equipment, appliances, fixtures, conduits and systems for generating or distributing air, water, heat, air conditioning, electricity, light, fuel or refrigeration, or for ventilating or sanitary purposes, or for the exclusion of vermin or insects, or for the removal of dust, refuse, sewage or garbage, or for, fire prevention or extinguishing; (2) all elevators, escalators, lifts and dumbwaiters; (3) all motors, engines, generators, compressors, pumps, lift stations, tanks, boilers, water heaters, furnaces and incinerators; (4) all furniture, furnishings, fixtures, appliances, installations, partitions, projection systems, shelving, cabinets, lockers, vaults and wall safes; (5) all carpets, carpeting, rugs, underpadding, linoleum, tiles, mirrors, wall coverings, windows, storm doors, awnings, canopies, shades, screens, blinds, draperies and related hardware, chandeliers and light fixtures; (6) all plumbing, sinks, basins, toilets, faucets, pipes, sprinklers, disposals, laundry appliances and equipment, and kitchen appliances and equipment; (7) all alarm safety, electronic, telephone, music, entertainment and communications equipment and systems; (8) all janitorial, maintenance, cleaning, window washing, vacuuming, landscaping, pool and recreational equipment, and supplies; (9) all storage tanks (including, without limitation, underground storage tanks) together with pipes, lines and other equipment associated therewith; and (10) any other items of property, wherever kept or stored, if acquired by the Mortgagor with the intent of incorporating them in or using them in connection with the Land or the Improvements.
(D) All rights of the Mortgagor and to all awards or payments, including interest thereon and the right to receive the same, growing out of or resulting from any exercise of the power of eminent domain (including the taking of all or any part of the Land or the Improvements), or any alteration of the grade of any street upon which the Land abuts or any other injury to, taking of, or decrease in the value of the Land or the Improvements or any part thereof.
(E) All rights of the Mortgagor in and to any hazard, casualty, liability, or other insurance policy carried for the benefit of the Mortgagor or the Mortgagee with respect to the Improvements or the Equipment, including without limitation any unearned premiums and all insurance proceeds or sums payable in lieu of or as compensation for any loss of or damage to all or any portion of the Improvements or the Equipment.
(F) All rights of the Mortgagor in and to all supplies and building materials delivered to or located upon the Land or elsewhere and used or usable in connection with the construction or refurbishing of the Improvements or the Equipment.
(G) All rights of the Mortgagor in, to, under, by virtue of, arising from or growing out of any and all present or future contracts, instruments, accounts, insurance policies, permits, licenses, trade names, plans, specifications, appraisals, reports, paid fees, choses-in-action, subdivision restrictions or declarations or general intangibles whatsoever now or hereafter dealing with, affecting or concerning the Land, the Improvements or the Equipment or any portion thereof or interest therein including, without limitation, the following: (1) all contracts, plans, specifications and permits for or related to the Land or its development or the construction or refurbishing of the Improvements; (2) all agreements for the provision of utilities (including any reservation of capacity for utilities) to the Land or Improvements; (3) all payment, performance or other bonds; (4) all contracts, option agreements, right of first refusal agreements and other agreements now existing or hereafter made for the sale by the Mortgagor of all or any portion of the Land or the Improvements, including any deposits paid by any purchasers (howsoever such deposits may beheld) and any proceeds of such contacts and
agreements, including any purchase-money notes and mortgages made by such purchasers; and (5) any declaration of condominium, restrictions, covenants, easements or similar documents now or hereafter recorded against the title to all or any portion of the Land.
(H) All rents, income, issues and profits of the Land, the Improvements and other property subject to this Mortgage (collectively, the “Rents”), and all leases, subleases, tenancies, licenses, franchises and occupancy agreements of any nature whatsoever now or hereafter affecting the Land” or the Improvements (collectively, the “Leases”), together with all guaranties of the Leases and all security deposits and prepaid rents under the Leases.
(I) All proceeds (and proceeds of proceeds), products, replacements, additions, betterments, extensions, improvements, substitutions, renewals and accessions of or to any of the foregoing.
Any person claiming an interest in the surplus, if any, from the judicial sale of the Property, other than the Property owner, as of the date of the Notice of Lis Pendens, must file a claim within sixty (60) days after the judicial sale of the Property.
In accordance with Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the ADA Coordinator, not later than five days prior to the proceeding at the Hillsborough County Courthouse, 800 East Twiggs Street, Tampa, Florida 33602-3549, Telephone: (813) 276-8100 x4205. If hearing impaired, call 711.
SHUMAKER, LOOP &
KENDRICK, LLP
By: TAMMY N. GIROUX, Esq.
(FL Bar No. 999938)
Bank of America Plaza
101 East Kennedy Boulevard -
Suite 2800
Tampa, FL 33602
Telephone: (813) 229-7600
Facsimile: (813) 229-1660
Primary E-mail: [email protected]
Secondary E-mail:
[email protected]
Counsel for Plaintiff, American
Momentum Bank
#1523159v1
October 12, 19, 2012 12-4271H