13-08966

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
REF #:13-002626-CI
UCN: 522013CA002626XXCICI
AMERITAS LIFE INSURANCE CORP., a Nebraska corporation
Plaintiff(s), v.
SCARRITT MOTORS, INC., a Florida corporation, FRANK M. SCARRITT, JR., BRANCH
BANKING AND TRUST
COMPANY, a North Carolina
banking corporation, and
CENTRAL BANK, a Florida
banking corporation,
Defendant(s).
NOTICE IS HEREBY GIVEN that pursuant to a Uniform Final Judgment of Foreclosure entered in the above-styled cause in the Circuit Court of Pinellas County, Florida, the Clerk of the Circuit Court will sell the following property situated in Pinellas County, Florida, described as:
SEE EXHIBIT “A” ATTACHED HERETO AND
BY REFERENCE
INCORPORATED HEREIN
EXHIBIT “A”
Legal Description of Property
THAT PART OF THE SE 1/4 AND THE SW 1/4 OF SECTION 25, TOWNSHIP 30 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, INCLUDING PORTIONS OF FARMS 43, 44, AND 45, IN THE SOUTH 1/2 OF SAID SECTION 25, PINELLAS FARMS, AS RECORDED IN PLAT BOOK 7, PAGES 4 AND 5, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NE CORNER OF THE SW 1/4 OF SECTION 25, TOWNSHIP 30 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA: THENCE S. 0 DEGREES 25' 01''W., ALONG THE EAST BOUNDARY OF SAID SW 1/4, A DISTANCE OF 1420.19 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE CURVE OF PARK BOULEVARD (C.R. 694) ACCORDING TO O.R. 4323, PAGE 1036, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND THE POINT OF BEGINNING; SAID CURVE BEING CONCAVE NORTHERLY, HAVING A RADIUS QF 22,973.30 FEET; THENCE ALONG THE ARC OF SAID RIGHT OF WAY LINE CURVE, A CHORD BEARING AND DISTANCE OF S 88 DEGREES 47' 00'' E., 15.00 FEET TO A POINT ON THE WEST BOUNDARY OF FARM 43 IN THE SE 1/4 OF SAID SECTION 25, PINELLAS FARMS AS RECORDED IN PLAT BOOK 7, PAGES 4 AND 5, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART; THENCE S. 0 DEGREES 25' 01” W., ALONG SAID WEST BOUNDARY 15.00 FEET FROM AND PARALLEL WITH THE WEST BOUNDARY OF SAID SE 1/4, A DISTANCE OF 145.52 FEET; THENCE N.89 DEGREES 34' 59” W., 15.00 FEET TO A POINT ON THE WEST BOUNDARY OF SAID SE 1/4; THENCE S. 0 DEGREES 25' 01” W., ALONG SAID WEST BOUNDARY, 58.54 FEET TO A POINT ON SAID RIGHT OF WAY LINE; THENCE S. 14 DEGREES 47' 14” W., ALONG SAID RIGHT OFWAY LINE 18.54 FEET; THENCE S. 75 DEGREES 12' 46” E., ALONG SAID RIGHT OF WAY LINE 4.75 FEET TO A POINT ON THE WEST BOUNDARY OF SAID SE 1/4;THENCE S. 0 DEGREES 25' 01” W., ALONG SAID WEST BOUNDARY 3.84 FEET; THENCE S. 89 DEGREES 34' 59” E., 15.00 FEET TO A POINT ON THE WEST BOUNDARY OF SAID FARM 43; THENCE S. 75 DEGREES 12' 46” E., ALONG SAID RIGHT OF WAY LINE, 71.44 FEET TO A POINT ON A CURVE THAT IS CONCAVE EASTERLY, HAVING A RADIUS OF 1,000.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, A CHORD BEARING AND DISTANCE OF S. 11 DEGREES 02' 04” W., 36.99 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE THAT IS CONCAVE WESTERLY, HAVING A RADIUS OF 400.00 FEET;THENCE ALONG THE ARC OF SAID CURVE, A CHORD BEARING AND DISTANCE OF S. 18 DEGREES 49' 28” W., 123.07 FEET; THENCE N. 89 DEGREES 38' 40” W., 23.52 FEET TO A POINT ON THE WEST BOUNDARY OF SAID FARM 43 THAT IS N. 0 DEGREES 25' 01' E., 233.04 FEET FROM THE SW CORNER OF SAID FARM 43; THENCE N. 89 DEGREES 34' 59” W., 15.00 FEET TO A POINT ON THE WEST BOUNDARY OF SAID SE 1/4 AND THE EAST BOUNDARY OF SAID SW 1/4;THENCE S. 0 DEGREES 25' 01” W., ALONG SAID EAST BOUNDARY, 1.69 FEET; THENCE N. 89 DEGREES 34' 59” W., 15.00 FEET TO A POINT ON THE EAST BOUNDARY OF FARM 44, IN SAID SW 1/4 SAID PINELLAS FARMS, SAID POINT BEING ON A CURVE THAT IS CONCAVE NORTHERLY, HAVING A RADIUS OF 23,373.30 FEET; THENCE ALONG THE ARC OF SAID CURVE, A CHORD BEARING AND DISTANCE OF N. 88 DEGREES 19' 49” W., 335.74 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.87 DEGREES 55' 08” W., 423.54 FEET TO A POINT ON A CURVE THAT IS CONCAVE WESTERLY HAVING A RADIUS OF 455.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, A CHORD BEARING AND DISTANCE OF N. 14 DEGREES 12' 35” E., 191.20 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N. 2 DEGREES 04' 52” E.,188.07 FEET TO THE POINT OF CURVATURE OF A CURVE THAT IS CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, A CHORD BEARING AND DISTANCE OF N. 47 DEGREES 04' 52” E., 35.36 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF SAID PARK BOULEVARD, ACCORDING TO O.R. 4323, PAGE 1036, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S. 87 DEGREES 55' 08” E., ALONG SAID RIGHT OFWAY LINE, 55.00 FEET FROM AND PARALLEL WITH THE NORTH BOUNDARY OF THE SE 1/4 OF SAID SW 1/4, A DISTANCE OF 358.37 FEET TO THE POINT OF CURVATURE OF A CURVE THAT IS CONCAVE NORTHERLY, HAVING A RADIUS OF 22,973.30 FEET;THENCE ALONG THE ARC OF SAID RIGHT OFWAY LINE CURVE, A CHORD BEARING AND DISTANCE OF S. 88 DEGREES 19' 23” E., 324.12 FEET TO A POINT ON THE EAST BOUNDARY OF SAID FARM 44; THENCE CONTINUE ALONG THE ARC OF SAID RIGHT OF WAY LINE CURVE, A CHORD BEARING AND DISTANCE OF S. 88 DEGREES 44' 46” E., 15.00 FEET TO THE POINT OF BEGINNING. ALL BEING IN THE SE 1/4 AND THE SW 1/4 OF SECTION 25, TOWNSHIP 30 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA.
TOGETHER WITH NON-EXCLUSIVE EASEMENT RIGHT FOR STORM DRAINAGE CREATED BY THAT CERTAIN CROSS EASEMENT FOR UTILITIES AND STORM DRAINAGE RECORDED IN O.R. BOOK 6646, AT PAGE 527, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
AND
TOGETHER WITH NON-EXCLUSIVE EASEMENT RIGHTS FOR INGRESS, EGRESS AND THE PARKING OF MOTOR VEHICLES, FOR OPERATION OF A LIFT STATION AND FOR MAINTENANCE OF A WALL CREATED BY THAT CERTAIN NON-EXCLUSIVE EASEMENT AGREEMENT FOR INGRESS AND EGRESS, PARKING SEWER LIFT STATION AND WALL RECORDED IN O.R. BOOK 6646, AT PAGE 536, AS AMENDED BY ADDENDUM TO NON-EXCLUSIVE EASEMENT AGREEMENT FOR INGRESS AND EGRESS PARKING SEWER LIFT STATION AND WALL RECORDED IN O.R. BOOK 6842, AT PAGE 660, AS AMENDED BY SECOND ADDENDUM TO NON-EXCLUSIVE EASEMENT AGREEMENT FOR INGRESS AND EGRESS, PARKING SEWER LIFT STATION AND WALL RECORDED IN O.R. BOOK 6991, AT PAGE 1188, AS FURTHER AMENDED BY THIRD ADDENDUM TO NON-EXCLUSIVE EASEMENT AGREEMENT FOR INGRESS AND EGRESS, PARKING SEWER LIFT STATION AND WALL RECORDED IN O.R. BOOK 8274, AT PAGE 1343, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
TOGETHER WITH:
A. All oil, gas and mineral rights, all appurtenances, reversions, remainders, water, water stock and water rights and water right applications, pumps and pumping plants, pipes, flumes and ditches thereunto appertaining, all rights to the use of water as well as all rights in ditches for the irrigation of said Property, and all shares of stock evidencing such rights, together with any and all appurtenances to the Property, including without limitation, all development rights and credits and/or air rights;
B. All easements and rights of way appurtenant thereto and all of the estate, right, title, interest, claim and demand whatsoever of Scarritt Motors, Inc. (“Borrower”) in the Property, either at law or in equity;
C. All structures, buildings and improvements of every kind and description located or placed on the Property (“Improvements”) and all building materials and supplies on the Property or located in the Improvements;
D. All machinery, appliances, apparatus, equipment and fixtures located in, upon or under the Property or the Improvements, or any part thereof, and used or usable, in connection with any present or future operation thereof, and all additions thereto and replacements therefor (the “Fixtures”), which Fixtures shall include all articles of personal property, furniture and furnishings which are so related to the Property (whether such items are leased, owned absolutely or subject to any title retaining or security instrument, or otherwise used or possessed, but excluding those items owned by tenants in accordance with their leases), including, without limiting the generality of the foregoing, all electric wiring, heating, cooling, air-conditioning, ventilating, refrigerating, plumbing, generating, power, lighting, laundry, maintenance, incinerating, lifting, cleaning, fire prevention and extinguishing, security and access control, cooking, gas, electric, and communication fixtures, equipment, and apparatus, ventilating apparatus, awnings, screen doors, screens, venetian blinds, alarm systems, safety and life support systems, all engines, motors, conduits, pipes, pumps, tanks, ducts, compressors, boilers, water heaters and furnaces, gas and oil tanks, appliances, all ranges, stoves, ovens, disposers, refrigerators, and other appliances, all escalators and elevators, all cabinets, partitions, mantels, built-in mirrors, window shades, blinds, screens, awnings, storm doors, windows and sash, and all equipment installed in or used upon said premises by Borrower and used or for use therein or thereon; provided, however, that trade fixtures, motor vehicles or other personal property of any tenant installed or otherwise located on the Property shall not be included, and Plaintiff has no security interest in any motor vehicles or equipment used to service or repair motor vehicles located on the Property (“Auto Dealership Assets”);
E. All articles of personal property and any additions to, substitutions for, changes in or replacements of the whole or part thereof, placed in or affixed to the above Property and Improvements and used on or in connection with the use, enjoyment, occupancy or operation of the Property or the Improvements, or any portion thereof, and owned by the Borrower or in which Borrower has an interest, whether or not the same shall have or would have become a part of said Property by attachment thereto, including, without limitation, all furniture, furnishings, window shades, blinds, draperies, all carpeting, and under-padding, and all furnishings of public spaces, halls and lobbies and all shrubbery and plants, and such other goods, equipment and personal property, and all maintenance and other such equipment as is usually furnished by landlords in renting retail business and commercial office space or warehouse space (the “Personal Property”);
F. All of the rents, revenues, deposits, royalties, issues, income and profits (the “Rents and Profits”) of the Property and the Improvements, or arising from the use or enjoyment of all or any portion thereof or from any lease, license, concession, occupancy agreement or other agreement pertaining to the use of all or any part of the Property (the “Leases”), and all right, title and interest of Borrower in and to all present and future Leases of the Property or of the Improvements, including without limitation all cash or security deposits, securities, advance rentals, and deposits or payments of similar nature deposited to secure performance by tenants, lessees or licensees, as applicable, of their obligations and together with all guaranties of tenants' or occupants' performance thereunder;
G. All rights, causes of action, demands and claims with the Borrower is or may be entitled to assert in Bankruptcy Court, or otherwise, by reason of the termination, rejection or breach of any Lease of any portion of the Property;
H. All shares of stock or other evidence of ownership of any part of the Property that is owned by Borrower in common with others, and all documents or membership in any owners' or members' association or similar group having responsibility for managing or operating any part of the Property;
I. All present and future contracts and policies of insurance which insure the Property or any building, structures, or Improvements thereon, or any such Fixtures or Personal Property, against casualties and theft, and all proceeds and rights thereto which may be or become payable by virtue of any such insurance contracts or policies;
J. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including without limitation, proceeds of insurance and condemnation awards;
K. All other or greater rights and interests of every nature in the Property, the Improvements, the Fixtures and Personal Property and in the possession or use thereof and income therefrom owned by Borrower; and
L. All products and proceeds of all of the foregoing.
LESS AND EXCEPT, and Plaintiff claims no interest in and specifically excludes from the personalty to be foreclosed in Exhibit “A,” that certain itemized equipment as described on Exhibit “A” of that certain UCC-1 Financing Statement filed with the Florida Secured Transaction Registry on March 14, 2008, under Filing No. 200807858186 (the “BB&T UCC 1”), and further claims no interest in and specifically excludes from the personalty to be foreclosed those certain equipment items numbered 1-13 as described on Exhibit “A” of that certain UCC-1 Financing Statement recorded on March 23, 2010, as recorded in Official Records Book 16863, Page 1004, of the public records of Pinellas County, Florida, and as filed with the Florida Secured Transaction Registry on March 24, 2010, under Filing No. 201002215232 (the “Central Bank UCC-1”) UCC-1 Financing Statement filed with the Florida Secured Transaction Registry on March 14, 2008, under Filing No. 200807858186 (the “BB&T UCC-1”).
at public sale, to the highest and best bidder, for cash, on October 1, 2013, at 10:00 o'clock a.m., or as soon as possible thereafter, in an online sale at www.pinellas.realforeclose.com, after having first given notice as required by Section 45.031, Florida Statutes.
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 SIXTY (60) DAYS AFTER THE SALE.
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 Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 500, Clearwater, FL 33756, (727) 464-4880 (V) 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 impaired call 711. The Court does not provide transportation and cannot accommodate for this service. Persons with disabilities needing transportation to court should contact their local public transportation providers for information regarding transportation services.
DATED on August 9, 2013.
ALICE R. HUNEYCUTT, ESQUIRE
Florida Bar No. 293105
STEARNS WEAVER MILLER WEISSLER ALHADEFF &
SITTERSON, P.A. 401 E. Jackson Street, Suite 2200
Tampa, Florida 33602
Telephone: (813) 222-5028
Facsimile: (813) 222-5089
E-mail:
[email protected]
[email protected]
Attorneys for Plaintiff
Aug. 30; Sept. 6, 2013 13-08966

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