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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 11-000238-CI011
TD BANK, N.A., AS SUCCESSOR BY MERGER TO CAROLINA FIRST BANK AND ITS
MERCANTILE BANK DIVISION,
Plaintiff, vs.
SOUTHERN INDUSTRIAL SUPPLY CORPORATION, JACK HEHENBERGER, HOLLY
HEHENBERGER, THE FINE FAMILY IRREVOCABLE TRUST UTD AUGUST 28, 1998, WILLIAM B. FINE, STATE OF FLORIDA DEPARTMENT OF REVENUE, and UNITED STATES OF AMERICA DEPARTMENT OF THE
TREASURY,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure dated July 18, 2013 entered in Case No. 52-2011-000238-CI of the Circuit Court for Pinellas County, Florida, I will sell to the highest and best bidder for cash online at www.pinellas.realforeclose.com, on the 26th day of August, 2013, at 10:00 a.m. the following described property as set forth in said Uniform Final Judgment of Foreclosure:
The real and personal property involved in this suit comprises the real property located in Pinellas County, Florida described below and by this reference incorporated herein (the “Land”), together with all buildings and improvements now or hereafter erected thereon (collectively, the “Property”), and the personal property (including without limitation, the rents, incomes, issues, profits, revenues, royalties, rights and benefits arising out of the Property) described in: (i) Commercial Mortgage by SOUTHERN INDUSTRIAL SUPPLY CORPORATION, a Florida corporation (“Borrower”) to SunTrust Bank, and recorded in O.R. Book 12977 at Page 1907, as assigned by Assignment of Rents, Leases, Contracts, Accounts Receivable, Accounts and Deposit Accounts, in favor of Mercantile Bank, recorded in O.R. Book 14381 at Page 88 (the “Assignment”), and modified, amended and restated by Amended and Restated Mortgage and recorded in O.R. Book 14381 at Page 67 (as assigned and modified, the “Mortgage”); (ii) Security Agreement given by Borrower dated on or about May 31, 2005; (iii) UCC-1 Financing Statement recorded in O.R. Book 12977 at Page 1920, as assigned to Lender by Assignment and by UCC-3 Financing Statement recorded in O.R. Book 14381 at Page 104, and continued by a UCC-3 Financing Statement recorded in O.R. Book 16877 at Page 1703; and (iv) Assignment of Rents, Leases, Contracts, Accounts Receivable, Accounts and Deposit Accounts in favor of Mercantile Bank recorded in O.R. Book 14381 at Page 88, all of the Public Records of Pinellas County, Florida, including, without limitation, the following personal property:
All and singular the tenements, hereditaments and appurtenances and all structures, buildings and improvements of every kind and description now or hereafter on said land, and all heretofore or hereafter vacated alleys and streets abutting the said land, and all riparian and littoral rights, easements, rights, rents, royalties, mineral, oil and gas rights and profits, water, water rights and water stock appurtenant to the said land, and all fixtures, machinery, equipment, building materials, appliances and goods of every nature whatsoever now or hereafter located in, or on, or used, or intended to be used in connection with the said land, improvements and appurtenances including, but not limited to, those for the purposes of supplying or distributing heating, cooking, electricity, gas, water, air and light; and all elevators and related machinery and equipment, plumbing, bath tubs, water heaters, sinks, and other plumbing fixtures, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains, carpet, attached floor covering, furniture, antennae, trees and plants, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the real property covered by the Mortgage.
Together with all tangible and intangible personal property of the Borrower located on or incident to the Property or used in the operation of the business located in the Property, however arising or created, and whether now existing or hereafter arising, existing or created, and the proceeds thereof.
Together with all rents, issues, income, profits and all accounts receivable generated through the use by Borrower or others of the Property encumbered by the Mortgage, including any such rents, issues, income, profits and all accounts receivable of any business activity conducted by Borrower on or through the use of such Property; and the proceeds of all of the foregoing, including but not limited to: (a) all present and future rents, issues, profits and income from the Property, and each and every part and parcel thereof, and also all present and future tight, title and interest of the Borrower under and by virtue of each and every franchise, license, permit, lease, contract for deed or purchase and sale agreement, or any other document or contractual right, written or verbal, covering any part or parcel of the Property, whether now or hereafter made, and any and all amendments to or modifications, extensions or renewals thereof and all proceeds thereof; (b) all present and future rents, issues, profits, income, accounts, accounts receivable and the proceeds thereof of any business activity conducted on or through the use of the Property; (c) all bank accounts and deposit accounts into which any of the proceeds of the foregoing are deposited; (d) proceeds of alt the foregoing; and (e) all present and future restrictive covenant agreements in favor of Borrower involving the Property or Borrower's business operation at the Property.
Together with all of the following described property and Borrower's rights, title and interest in such property whether now or hereafter existing or now owned or hereafter acquired by Borrower and wheresoever located: All monies or instruments pertaining to the Property; all accessions, accessories, additions, amendments, attachments, modifications, replacements and substitutions to any of the above, all proceeds and products of any of the above, all policies of insurance pertaining to the Property; and all books and records pertaining to any of the above.
Together with all inventory, chattel paper, accounts, equipment and general intangibles, whether any of the foregoing is owned now or acquired later, all accessions, additions, replacements, and substitutions relating to any of the foregoing, all records of any kind relating to any of the foregoing, all proceeds relating to any of the foregoing (including insurance, general intangibles and other accounts proceeds)
Lots 2, 3, 4, 5, 6, 23, 24, and 25, Block 11, Colfax City Subdivision, according to the plat thereof, as recorded in Plat Book 8, Page 15, of the Public Records of Pinellas County, Florida.
TOGETHER WITH:
The North 20 feet of the vacated North 20 feet of 27th Avenue North adjacent to Lots 23, 24, and 25, Block 11, Colfax City, according to the map or plat thereof, as recorded in Plat Book 8, Page 15, of the Public Records of Pinellas County, Florida per Official Records Book 12409, Page 2032, of the public records of Pinellas County, Florida.
**ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (60) DAYS AFTER THE SALE. **
In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact the individual or agency sending this notice no later than seven (7) days prior to the proceeding. If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
NATHAN A. CARNEY
Florida Bar No. 0487491
[email protected] //
[email protected]
TRENAM, KEMKER,
SCHARF, BARKIN,
FRYE, O'NEILL & MULLIS, P.A.
101 East Kennedy Boulevard,
Suite 2700
Tampa, Florida 33602
Tel: (813) 223-7474;
Fax: (813) 227-0476
Attorneys for Plaintiff
August 9, 16, 2013 13-08262