12-3868H

FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 12 014518
DIVISION J
CADENCE BANK, N.A.,
Plaintiff, v.
MEDPARK DEVELOPMENT - BIG BEND, LLC, a Florida limited
liability company; ABDONEY ENTERPRISES, LTD., n/k/a ABDONEY ENTERPRISES, LLLP, a Florida limited liability limited partnership; REBECCA ABDONEY, an individual; MICHAEL
ABDONEY, an individual; KERRY BOROSH, an individual; TYLER D. REIBER, an individual; BIG BEND PROFESSIONAL PARK OWNERS' ASSOCIATION, INC., a Florida
not-for-profit corporation; JOHN DOE AS UNKNOWN TENANT #1; JOHN DOE AS UNKNOWN TENANT #2; JOHN DOE AS UNKNOWN TENANT #3; JOHN DOE AS UNKNOWN TENANT #4; JOHN DOE AS UNKNOWN
TENANT #5; and ANY AND ALL OTHERS CLAIMING BY, THROUGH OR UNDER SAID DEFENDANTS,
Defendants.
TO: JOHN DOE AS UNKNOWN TENANT #1; JOHN DOE AS UNKNOWN TENANT #2; JOHN DOE AS UNKNOWN TENANT #3; JOHN DOE AS UNKNOWN TENANT #4; JOHN DOE AS UNKNOWN TENANT #5; and ANY AND ALL OTHERS CLAIMING BY, THROUGH OR UNDER SAID DEFENDANTS
Addresess Unknown
YOU ARE NOTIFIED that an action has been filed against you by Plaintiff, CADENCE BANK, N.A., seeking foreclosure of the real property described on Exhibit “A” attached hereto and the personal property described on Exhibit “B” attached hereto, and you are required to serve a copy of a written defense, if any, to L. Geoffrey Young, Esquire, [email protected], and/or J. Martin Knaust, Esquire, [email protected], Adams and Reese LLP, 150 Second Avenue North, 17th Floor, St. Petersburg, Florida 33701, telephone 727-502-8250, Attorneys for Plaintiff, with 30 days of the first date of publication of this notice, ad file the original with the clerk of this court, either before service on Plaintiff's attorneys or immediately thereafter; otherwise a default will be entered against you for the relief demanded in Plaintiff's Complaint. Respond Date to Attorney: October 22, 2012
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Hillsborough, STATE OF FL, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGES 89 AND 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1,224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 8; THENCE LEAVING SAID LINE, N.00°03'17”E., 248.00 FEET; THENCE N.00°03'03”E., 179.22 FEET; THENCE N.56°46'39”E., 216.21 FEET; THENCE NORTH, 706.24 FEET; THENCE WEST, 32.12 FEET TO THE POINT OF BEGINNING; THENCE WEST, 30.42 FEET; THENCE N.00°01'28”W., 582.55 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 800.00 FEET; THENCE EASTERLY ALONG SAID CURVE 34.94 FEET THROUGH A CENTRAL ANGLE OF 02°30'09” (CHORD BEARING S.77°19'50”E. 34.94 FEET); THENCE S.00°20'33”W., 574.89 FEET TO THE POINT OF BEGINNING.
PARCEL 2
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGES 89 AND 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1,224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 8; THENCE LEAVING SAID LINE, N.00°03'17”E., 248.00 FEET TO THE POINT OF BEGINNING; THENCE N.89°56'43”W., 89.50 FEET; THENCE N.00°03'17”E., 120.49 FEET; THENCE N.56°46'39”E., 107.04 FEET; THENCE S.00°03'03”W., 179.22 FEET TO THE POINT OF BEGINNING.
PARCEL 3A
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGES 89 AND 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1,224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 8; THENCE LEAVING SAID LINE, N.00°03'17”E., 248.00 FEET; THENCE N.00°03'03”E., 123.89 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE, N.00°03'03”E., 55.33 feet; THENCE N.56°46'39”E., 216.21 FEET; THENCE NORTH, 706.24 FEET; THENCE WEST, 32.12 FEET; THENCE N.00°20'33”E., 574.89 FEET TO THE NORTHERLY BOUNDARY OF SAID LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2 AND TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 800.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 1,062.99 FEET THROUGH A CENTRAL ANGLE OF 76°07'51” (CHORD BEARING S.38°00'49”E. 986.50 FEET); THENCE S.00°03'17”W., 677.66 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY OF LOT 1, N.89°59'59”W., 759.12 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH EASEMENTS FOR INGRESS, EGRESS, DRAINAGE, AND UTILITIES PURSUANT TO THAT CERTAIN RECIPROCAL EASEMENT AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 12695, PAGE 1826, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA.
PARCEL 1, PARCEL 2 and PARCEL 3A, ABOVE ARE ALSO COLLECTIVELY DESCRIBED AS:
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGES 89 AND 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1,224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 8; THENCE LEAVING SAID LINE, N.00°03'17”E., 248.00 FEET TO THE POINT OF BEGINNING SAID POINT LOCATED ON THE WESTERLY BOUNDARY OF LOT 1 OF SAID SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1 ; N.89°56'43”W., 89.50 FEET; THENCE N.00°03'17”E., 120.49 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY, N.56°46'39”E., 323.25 FEET; THENCE NORTH, 706.24 FEET; THENCE WEST, 62.54 FEET; THENCE N.00°01'28”W., 582.55 FEET TO THE NORTHERLY BOUNDARY OF SAID LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2 AND TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 800.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 1,097.98 FEET THROUGH A CENTRAL ANGLE OF 78°38'13” (CHORD BEARING S.39°15'52”E. 1,013.81 FEET); THENCE S.00°03'17”W., 677.66 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY OF LOT 1, N.89°59'59”W., 759.11 FEET; THENCE S.00°03'03”W., 123.89 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT BUILDINGS 1 SUITES A AND B, 2A, 5, 3, 8, 10, 12, 13, 15 AND 16, AS MORE PARTICULARLY DESCRIBED IN PARTIAL RELEASES OF MORTGAGE LIEN RECORDED IN OFFICIAL RECORDS BOOK 18522, PAGE 891, OFFICIAL RECORDS BOOK 18524, PAGE 203, OFFICIAL RECORDS BOOK 18535, PAGE 805, OFFICIAL RECORDS BOOK 18535, PAGE 807, OFFICIAL RECORDS BOOK 18557, PAGE 399, OFFICIAL RECORDS BOOK 18579, PAGE 208, OFFICIAL RECORDS BOOK 18936, PAGE 440 AND OFFICIAL RECORDS BOOK 18936, PAGE 442; AND AS DESCRIBED IN SPECIAL WARRANTY DEEDS RECORDED IN OFFICIAL RECORDS BOOK 18971, PAGE 735, OFFICIAL RECORDS BOOK 19028, PAGE 1994 AND OFFICIAL RECORDS BOOK 19635, PAGE 1569, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BUILDING 12 (NET AREA)
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGE 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 8; THENCE N.00°03'17”E., 90.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) N.00°03'17”E., 158.00 FEET; 2) N.89°56'43”W., 89.50 FEET; 3) N.00°03'17”E., 120.49 FEET; THENCE N.56°46'39”E., 323.25 FEET; THENCE NORTH, A DISTANCE OF 82.65 FEET; THENCE S.89°45'35”E., A DISTANCE OF 158.94 FEET TO THE NORTHWEST BUILDING CORNER, AT THE INSIDE FACE OF BLOCK, FOR A POINT OF BEGINNING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) N.89°41'15”E., 58.66 FEET; 2) S.00°18'45”E., 88.66 FEET; 3) S.89°41'15”W., 58.66 FEET; 4) N.00°18'45”W., 88.66 FEET TO THE POINT OF BEGINNING.
BUILDING 16 (NET AREA)
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGE 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 8; THENCE N.00°03'17”E., 90.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) N.00°03'17”E., 158.00 FEET; 2) N.89°56'43”W., 89.50 FEET; 3) N.00°03'17”E., 120.49 FEET; THENCE N.56°46'39”E., 323.25 FEET; THENCE NORTH, A DISTANCE OF 513.62 FEET; THENCE S.87°42'05”E., A DISTANCE OF 16.62 FEET TO THE NORTHWEST BUILDING CORNER, AT THE INSIDE FACE OF BLOCK, FOR A POINT OF BEGINNING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) N.89°42'33”E., 58.66 FEET; 2) S.00°17'27”E., 88.66 FEET; 3) S.89°42'33”W., 58.66 FEET; 4) N.00°17'27”W., 88.66 FEET TO THE POINT OF BEGINNING.
BUILDING 1 - SUITE B (NET AREA)
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGE 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 8; THENCE N.00°03'17”E., 90.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) N.00°03'17”E., 158.00 FEET; 2) N.89°56'43”W., 89.50 FEET; 3) N.00°03'17”E., 120.49 FEET; THENCE N.56°46'39”E., 323.25 FEET; THENCE S.89°20'33”E., A DISTANCE OF 487.24 FEET TO THE NORTHWEST BUILDING CORNER, AT THE INSIDE FACE OF BLOCK FOR A POINT OF BEGINNING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1) N.89°42'39”E., 58.66 FEET; 2) S.00°17'21”E., 44.33 FEET TO THE CENTERLINE OF A FIREWALL; THENCE ALONG THE CENTERLINE OF SAID FIREWALL, S.89°42'39”W., A DISTANCE OF 58.66 FEET TO THE INSIDE FACE OF SAID BUILDING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, N.00°17'21”W., A DISTANCE OF 44.33 FEET TO THE POINT OF BEGINNING.
BUILDING 15 - SUITE B (NET AREA)
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGE 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 8; THENCE N.00°03'17”E., 90.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) N.00°03'17”E., 158.00 FEET; 2) N.89°56'43”W., 89.50 FEET; 3) N.00°03'17”E., 120.49 FEET; THENCE N.56°46'39”E., a distance of 323.25 FEET; THENCE NORTH, A DISTANCE OF 343.64 FEET; THENCE S.87°49'01”E., A DISTANCE OF 17.50 FEET TO THE NORTHWEST BUILDING CORNER, AT THE INSIDE FACE OF BLOCK, FOR A POINT OF BEGINNING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1) N.89°41'53”E., 58.66 FEET; 2) S.00°18'07”E., 29.33 FEET TO A CENTERLINE OF A FIREWALL; THENCE ALONG THE CENTERLINE OF SAID FIREWALL, S.89°41'53”W., A DISTANCE OF 58.66 FEET TO THE INSIDE FACE OF SAID BUILDING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, N.00°18'07”W., A DISTANCE OF 29.33 FEET TO THE POINT OF BEGINNING.
BUILDING 13 (NET AREA)
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGE 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 8; THENCE N.00°03'17”E., 90.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) N.00°03'17”E., 158.00 FEET; 2) N.89°56'43”W., 89.50 FEET; 3) N.00°03'17”E., 120.49 FEET; THENCE N.56°46'39”E., 323.25 FEET; THENCE S.83°33'07”E., A DISTANCE OF 19.25 FEET TO THE NORTHWEST BUILDING CORNER, AT THE INSIDE FACE OF BLOCK, FOR A POINT OF BEGINNING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) N.89°40'08”E., 58.66 FEET; 2) S.00°19'52”E., 88.66 FEET; 3) S.89°40'08”W., 58.66 FEET; 4) N.00°19'52”W., 88.66 FEET TO THE POINT OF BEGINNING.
BUILDING 1 - SUITE A (NET AREA)
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGE 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 8; THENCE N.00°03'17”E., 90.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) N.00°03'17”E., 158.00 FEET; 2) N.89°56'43”W., 89.50 FEET; 3) N.00°03'17”E., 120.49 FEET; THENCE N.56°46'39”E., 323.25 FEET; THENCE S.89°20'33”E., A DISTANCE OF 487.24 FEET TO THE NORTHWEST BUILDING CORNER, AT THE INSIDE FACE OF BLOCK; THENCE ALONG THE INSIDE FACE OF SAID BUILDING S.00°17'21”E., a distance of 44.33 FEET TO THE CENTERLINE OF A FIREWALL FOR A POINT OF BEGINNING; THENCE ALONG THE CENTERLINE OF SAID FIREWALL, N.89°42'39”E., A DISTANCE OF 58.66 FEET TO THE INSIDE FACE OF SAID BUILDING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) S.00°17'21”E., 44.33 FEET; 2) S.89°42'39”W., 58.66 FEET; 3) N.00°17'21”W., 44.33 FEET TO THE POINT OF BEGINNING.
BUILDING 8 - SUITE B (NET AREA)
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGE 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 8; THENCE N.00°03'17”E., 90.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) N.00°03'17”E., 158.00 FEET; 2) N.89°56'43”W., 89.50 FEET; 3) N.00°03'17”E., 120.49 FEET; THENCE N.56°46'39”E., 323.25 FEET; THENCE NORTH, A DISTANCE OF 428.71 FEET; THENCE S.89°53'20”E., A DISTANCE OF 345.35 FEET TO THE NORTHWEST BUILDING CORNER, AT THE INSIDE FACE OF BLOCK FOR A POINT OF BEGINNING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1) EAST, 58.66 FEET; 2) SOUTH, 33.33 FEET TO THE CENTERLINE OF A FIREWALL; THENCE ALONG THE CENTERLINE OF SAID FIREWALL, WEST, A DISTANCE OF 58.66 FEET TO THE INSIDE FACE OF SAID BUILDING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, NORTH, A DISTANCE OF 33.33 FEET TO THE POINT OF BEGINNING.
BUILDING 2A (NET AREA)
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGE 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 8; THENCE N.00°03'17”E., 90.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) N.00°03'17”E., 158.00 FEET; 2) N.89°56'43”W., 89.50 FEET; 3) N.00°03'17”E., 120.49 FEET; THENCE N.56°46'39”E., 323.25 FEET; THENCE NORTH, A DISTANCE OF 170.76 FEET; THENCE S.89°55'17”E., A DISTANCE OF 486.27 FEET TO THE NORTHWEST BUILDING CORNER, AT THE INSIDE FACE OF BLOCK; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, S.00°19'01”E., A DISTANCE OF 44.70 FEET TO THE CENTERLINE OF A FIREWALL FOR A POINT OF BEGINNING; THENCE ALONG THE CENTERLINE OF SAID FIREWALL, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) N.89°40'59”E., 11.41 FEET; 2) N.00°19'01”W., 6.50 FEET; 3) N.89°40'59”E., 47.25 FEET TO THE INSIDE FACE OF SAID BUILDING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) S.00°19'01”E., 50.46 FEET; 2) S.89°40'59”W., 58.66 FEET; 3) N.00°19'01”W., 43.96 FEET TO THE POINT OF BEGINNING.
BUILDING 10 (NET AREA)
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGE 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 8; THENCE N.00°03'17”E., 90.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) N.00°03'17”E., 158.00 FEET; 2) N.89°56'43”W., 89.50 FEET; 3) N.00°03'17”E., 120.49 FEET; THENCE N.56°46'39”E., 323.25 FEET; THENCE NORTH, A DISTANCE OF 428.71 FEET; THENCE S.89°36'34”E., A DISTANCE OF 157.12 FEET TO THE NORTHWEST BUILDING CORNER, AT THE INSIDE FACE OF BLOCK, FOR A POINT BEGINNING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) N.89°39'52”E., 58.66 FEET; 2) S.00°20'08”E., 88.66 feet; 3) S.89°39'52”W., 58.66 FEET; 4) N.00°20'08”W., 88.66 TO THE POINT OF BEGINNING.
BUILDING 5 (NET AREA)
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGE 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 8; THENCE N.00°03'17”E., 90.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) N.00°03'17”E., 158.00 FEET; 2) N.89°56'43”W., 89.50 FEET; 3) N.00°03'17”E., 120.49 FEET; THENCE N.56°46'39”E., a distance of 323.25 FEET; THENCE S.79°59'59”E., A DISTANCE OF 197.92 FEET TO THE NORTHWEST BUILDING CORNER, AT THE INSIDE FACE OF BLOCK, FOR A POINT BEGINNING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) N.89°43'11”E., 173.66 FEET; 2) S.00°16'49”E., 62.66; 3) S.89°43'11”W., 173.66 FEET; 4) N.00°16'49”W., 62.66 TO THE POINT OF BEGINNING.
BUILDING 3 - SUITE A (NET AREA)
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGES 89 and 90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 31 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE S.89°56'43”E., 1224.67 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 8; THENCE N.00°03'17”E., 90.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) N.00°03'17”E., 158.00 FEET; 2) N.89°56'43”W., 89.50 FEET; 3) N.00°03'17”E., 120.49 FEET; THENCE N.56°46'39”E., 323.25 FEET; THENCE NORTH, A DISTANCE OF 343.67 FEET; THENCE S.89°55'17”E., A DISTANCE OF 485.42 FEET TO THE NORTHWEST BUILDING CORNER, AT THE INSIDE FACE OF BLOCK; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, S.00°17'14”E., A DISTANCE OF 44.33 FEET TO A CENTERLINE OF A FIREWALL FOR A POINT OF BEGINNING; THENCE ALONG THE CENTERLINE OF SAID FIREWALL, N.89°42'46”E., A DISTANCE OF 58.66 FEET TO THE INSIDE FACE OF SAID BUILDING; THENCE ALONG THE INSIDE FACE OF SAID BUILDING, THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) S.00°17'14”E., 44.33 FEET; 2) S.89°42'46”W., 58.66 FEET; 3) N.00°17'14”W., 44.33 FEET TO THE POINT OF BEGINNING.
ALSO LESS AND EXCEPT AS DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 19935, PAGE 698, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 1, SUMMERFIELD CROSSINGS COMMERCIAL PHASE 2, AS RECORDED IN PLAT BOOK 104, PAGES 89-90, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE S.89°50'50”E., 1043.58 FEET ALONG THE NORTHERLY BOUNDARY OF LINE OF SAID LOT 1, TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 800.00 FEET; THENCE SOUTHEASTERLY, 412.84 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°34'04”, (CHORD BEARS S. 75°03'48”E., 408.28 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHEASTERLY, 204.44 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°38'30”, (CHORD BEARS S.52°57'32”E., 203.88 FEET); THENCE S.45°10'36”W., 96.40 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 55.00 FEET; THENCE SOUTHWESTERLY, 69.25 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 72°08'39”, (CHORD BEARS S.07°53'39”W., 64.77 FEET); THENCE S.51°16'45”W., 128.22 FEET; THENCE N.52°31'22”W., 163.94 FEET; THENCE N.31°34'38”E., 276.28 FEET TO THE POINT OF BEGINNING.
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 not or hereafter owned by the Debtor and used or intended to be used in connection with or 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 UCC), general intangibles, goods, contracts and contract rights relating to the Land and 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, waters, water courses, water rights and powers, and all estates, leases, subleases, licenses, rights, titles, interest, privileges, liberties, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned 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 Improvements from time to time accruing, whether under leases or tenancies now existing or hereafter created or otherwise, or under any other agreement or license for the use, occupancy or possession of all or any part of the Land and Improvements, whether written or verbal, now existing hereafter created; and
(ii) All judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking for 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 licensees, permits and agreements relating to the use, development, construction, occupancy and operation of the Land and 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, option contracts and other contracts for the purchase and sale of real property interests in the building improvements to be constructed by Borrower 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”);
(f) All proceeds and all products of an of the following 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) - (c) above.
Debtor hereby grants Secured Party a security interest in the foregoing.
Record Owner of Real Estate: Debtor - MedPark Development - Big Bend, LLC
DEBTOR:
MEDPARK DEVELOPMENT - BIG BEND, LLC,
a Florida limited liability company
By: REIBER HOLDINGS, LLC,
a Florida limited liability company, its General Manager/Member
By: Tyler D. Reiber
its Managing Member
If you are a person with a disability who needs any accommodation to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the court Administrator at (863) 534-4686 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 this 13 day September, 2012.
PAT FRANK
Clerk of Circuit Court
Hillsborough County, Florida
(SEAL) By: Sarah A. Brown
Deputy Clerk
Attorneys for Plaintiff:
L. Geoffrey Young, Esq.
Florida Bar No. 0188763
Primary Address:
[email protected]
Secondary Address:
[email protected]
J. Martin Knaust
Florida Bar No. 84396
Primary Address:
[email protected]
Secondary Address:
[email protected]
ADAMS AND REESE LLP
150 Second Avenue North, 17th Floor
St. Petersburg, FL 33701
Telephone: (727) 502-8250
Fascimile: (727) 502-8950
Attorneys for Plaintiff
25557933
September 21, 28, 2012 12-3868H