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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.: 11-CA-010276
SUPERIOR BANK, N.A.
Plaintiff, v.
MDG B STREET TOWN HOMES, LLC, a Florida limited liability
company; David S. Hendrix, as Trustee of the Samuel I. Morin
Irrevocable Trust; BAY CITIES BANK, a Florida corporation; JOHN DOE AS UNKNOWN
TENANT; JOHN DOE AS
UNKNOWN PARTY IN
POSSESSION; and ANY AND ALL OTHERS CLAIMING BY, THROUGH OR UNDER SAID DEFENDANTS,
Defendants.
Notice is hereby given that, pursuant to the Uniform Final Judgment of Foreclosure entered in this cause on October 8, 2012, the undersigned will sell the property situated in Hillsborough County, Florida, described as:
Lots 3 through 7, Block 3, FULLER'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book 1, Page 68, public records of Hillsborough County, Florida; TOGETHER WITH the North 1/2 of the vacated alley lying South of and adjacent to said lots, and as vacated and abandoned by Ordinance No. 2006-249, recorded October 23, 2006, in Official Records Book 17095, Page 1485, of the public records of Hillsborough County, Florida.
(the “Property”)
Along with the Personal Property Collateral as described on the UCCs as defined in the Complaint and as described on Exhibit “A” attached hereto.
(the “Personal Property Collateral”)
EXHIBIT A
DESCRIPTION OF
COLLATERAL
(a) All buildings, structures, and improvements of every nature whatsoever (the “Improvements”) now or hereafter situated on the real property described in Exhibit B (the “Land”), and all fixtures, fittings, building materials, machinery, equipment, furniture and furnishings and personal property of every nature whatsoever now or hereafter owned by the Debtor and used or intended to be used in connection with the operation of said Land and Improvements, including all extensions, additions, improvements, betterments, renewals, substitutions and replacements to any of the foregoing, whether such fixtures, fittings, building materials, machinery, equipment, furniture, furnishings and personal property are actually located on or adjacent to the Land or not and whether in storage or otherwise wheresoever the same may be located;
(b) All accounts (as presently or hereafter defined in the Florida Uniform Commercial Code), general intangibles, goods, contracts and contract rights relating to the Land and the Improvements, whether now owned or existing or hereafter created, acquired or arising, including without limitation, all construction contracts, architectural services contracts, management contracts, leasing agent contracts, purchase and sales contracts, put or other option contracts, and all other contracts and agreements relating to the construction of improvements on, or the operation, management and sale of all or any part of the Land and Improvements;;
(c) Together with all easements, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, and all estates, leases, rights, titles, interest, privileges, liberties, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to the Land and the improvements now or hereafter located thereon, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now or hereafter acquired by the Debtor, and the reversion and reversions, remainder and remainders, rents, issues, profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of the Debtor of, in and to the same, including but not limited to:
(i) All rents, fees, royalties, profits, issues and revenues of the Land and the Improvements from time to time accruing, whether under leases or tenancies now existing or hereafter created; and
(ii) All judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the Land, Improvements or Collateral, or any part thereof, under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Land, Improvements or Collateral, or any part thereof, or to any rights appurtenant thereto, including any award for change of grade or streets. Secured Party is hereby authorized on behalf and in the name of Debtor to execute and deliver valid acquittances for, and appeal from, any such judgments or awards. Secured Party may apply all such sums or any part thereof so received, after the payment of all its expenses, including costs and reasonable attorney's fees actually incurred by Secured Party, on any of the indebtedness secured hereby in such manner as it elects, or at its option, the entire amount or any part thereof so received may be released.
(d) Any and all licenses, development permits, building permits, utility supply agreements, sewer and water discharge permits and agreements, and other licenses, permits and agreements relating to the use, development, construction, occupancy and operation of the Land and the Improvements, whether now or hereafter issued or executed, and all modifications, amendments, replacements or re-issuances of the foregoing;
(e) Any and all pre-construction, post-construction and other contracts for the purchase and sale of town home units to be constructed by Debtor on the Land, now existing or hereafter arising or executed and delivered, together with all security/earnest money deposits (including, without limitation, letters of credit and renewals or replacements thereof) paid or delivered pursuant to such contracts (collectively, the “Sales Contracts”), provided, that Secured Party shall have no security interest in the security/earnest money deposits (whether in the form of cash or letter of credit, or the cash proceeds of any such letters of credit) paid or delivered in connection with the Sales Contracts until such time, if ever, as such deposits are delivered to or for the account of Debtor pursuant to the terms of the Sales Contracts and the laws of the State of Florida; and provided, further, that immediately upon such time as such deposits are delivered to or for the account of Debtor, the Secured Party's security interest hereunder shall attach without further act or deed;
(f) All cash and non-cash proceeds and all products of any of the foregoing items or types of property described in (a) - (e) above, including, but not limited to, all insurance, contract and tort proceeds and claims, and including all inventory, accounts, chattel paper, documents, instruments, equipment, fixtures, consumer goods and general intangibles acquired with cash proceeds of any of the foregoing items or types of property described in (a) - (e) above.
Record Owner of Real Estate: Debtor MDG B Street Town Homes, LLC, a Florida limited liability company
EXHIBIT B
Description of Real Property
Lots 3, 4, 5, and the East 1/2 of Lot 6, and the West 1/2 of Lot 6 and all of Lot 7, Block 3, FULLER'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 1, Page 68, Public Records of Hillsborough County, Florida; Together with North 1/2 of the vacated alley. lying south of and adjacent to said lots, and as vacated and abandoned by Ordinance No. 2006-249, recorded October 23, 2006 in Official Records Book 17095, Page 1485, Public Records Hillsborough County, Florida.
at public sale, to the highest and best bidder, for cash, on November 29, 2012, at 10:00 a.m., by electronic sale at http://www.hillsborough.realforeclose.com.
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.
Dated: October 22, 2012
If you are a person with a disability who needs an accommodation in order to access court facilities or participate in a court proceeding, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation, please contact Court Administration at least 7 days before your scheduled court appearance, or immediately upon receiving a notification of a scheduled court proceeding if the time before the scheduled appearance is less than 7 days. Complete the Request for Accommodations Form and submit to 800 E. Twiggs Street, Room 604, Tampa, FL 33602. ADA Coordination Help Line (813) 272-7040; Hearing Impaired Line 1-800-955-8771; Voice Impaired Line 1-800-955-8770.
J. MARTIN KNAUST, Esq.
Florida Bar No. 84396
Primary: [email protected]
Secondary:
[email protected]
and
L. GEOFFREY YOUNG, ESQ.
Florida Bar No. 188763
Primary: [email protected]
Secondary: [email protected]
ADAMS AND REESE LLP
150 Second Avenue North, Suite 1700
St. Petersburg, FL 33701
Telephone: (727) 502-8296
Facsimile: (727) 502-8950
Attorney for Plaintiff
25654361
Oct. 26; Nov. 2, 2012 12-4624H