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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILSBOROUGH COUNTY, FLORIDA
Case No. 13-CA-12448
Div. A
LENOX MORTGAGE XX, LLC,
Plaintiff, v.
ALAFIA APARTMENTS COMPLEX
LLC and CUMBEY AND FAIR, INC.,
Defendants.
NOTICE is hereby given that, pursuant to a Uniform Final Judgment of Foreclosure entered November 4, 2013, in Case Number 13-CA-012448 in the Circuit Court of Hillsborough County, Florida, the Clerk shall offer for sale the property situate in Hillsborough County, Florida, described as:
PARCEL 1
PHASE 2
PRESERVE AT ALAFIA
SECTION 19, TOWNSHIP 30 SOUTH, RANGE 20 EAST
HILLSBOROUGH COUNTY, FLORIDA
A PORTION OF SECTION 19, TOWNSHIP 30 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 30 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA: THENCE N.89°43'35”E, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, 1738.79 FEET; THENCE S.00°18'12”E., 147.58 FEET TO A CURVE CONCAVE NORTH-WESTERLY HAVING A RADIUS OF 17.00 FEET: THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 26.70 FEET THROUGH A CENTRAL ANGLE OF 90Ëš00'00” (CHORD BEARING S.44Ëš41'47”W., 24.04 FEET); THENCE S.89°41'48”W., 48.54 FEET TO A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 108.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 50.42 FEET THROUGH A CENTRAL ANGLE OF 26°44'48” (CHORD BEARING S.76°19'24”W., 49.96 FEET); THENCE S.62°57'00”W., 20.27 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 110.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 68.90 FEET THROUGH A CENTRAL ANGLE OF 35°53'13” (CHORD BEARING N.71°57'32”W., 67.78 FEET); THENCE N.89°54'08”W., 599.09 FEET TO A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 76.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 59.49 FEET THROUGH A CENTRAL ANGLE OF 44°50'56” (CHORD BEARING S.67°40'24”W., 57.98 FEET); THENCE S.45°14'56”W., 182.48 FEET TO A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 174.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 44.27 FEET THROUGH A CENTRAL ANGLE OF 14°34'40” (CHORD BEARING S.52°32'17”W., 44.15 FEET); THENCE S.59°49'37”W., 623.78 FEET TO A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 200.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 202.80 FEET THROUGH A CENTRAL ANGLE OF 58Ëš05'55” (CHORD BEARING S.88Ëš52'34”W., 194.22 FEET) TO A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 70.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 157.03 FEET THROUGH A CENTRAL ANGLE OF 128Ëš31'52” (CHORD BEARING S.53°39'35”W., 126.11 FEET); THENCE NON-TANGENT S.89°50'13”W., 303.87 FEET TO THE EAST LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 9742, PAGE 290 (MODIFIED IN O.R. BOOK 10798, PAGES 751-752) OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY; THENCE ALONG SAID PARCEL THE FOLLOWING FOUR (4) CALLS: (1) N.02°18'37”W., 314.63 FEET; (2) N.00°40'38”E., 409.16 FEET; (3) S.89°43'57”W., 249.22 FEET; (4) N.01°55'11”W., 46.11 FEET, MORE OR LESS TO THE WATERS OF THE ALAFIA RIVER; THENCE NORTHEASTERLY ALONG SAID WATERS, A DISTANCE OF 1034 FEET, MORE OR LESS TO THE POINT OF INTERSECTION OF SAID WATERS EDGE AND THE EASTERLY LINE OF THE WEST ½ OF SAID SECTION 19; THENCE S.00°41'10”W., ALONG SAID EAST LINE, A DISTANCE OF 800 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
TRACT D
PRESERVE AT ALAFIA
SECTION 19, TOWNSHIP 30 SOUTH, RANGE 20 EAST
HILLSBOROUGH COUNTY, FLORIDA
A PORTION OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 30 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 30 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE N.89°43'35”E., ALONG THE NORTH LINE OF THE SOUTHEAST ¼ OF SAID SECTION 19, 2284.48 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF GIBSONTON DRIVE AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 93-A (1-75) MAP SECTION 10075-2404 (RIGHT-OF-WAY WIDTH VARIES) SAID POINT LYING ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1197.92 FEET; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) CALLS: (1) SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 232.66 FEET THROUGH A CENTRAL ANGLE OF 11°07'41” (CHORD BEARING S.69°14'33”W., 232.30 FEET); (2) S.63°40'03”W., 317.06 FEET TO A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 5769.58 FEET; (3) SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 67.75 FEET THROUGH A CENTRAL ANGLE OF 00°40'22” (CHORD BEARING S.63°20'19”W., 67.75 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 35.28 FEET THROUGH A CENTRAL ANGLE OF 00°21'01” (CHORD BEARING S.62°49'37”W., 35.28 FEET) TO A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 38.99 FEET THROUGH A CENTRAL ANGLE OF 89°21'27” (CHORD BEARING N.72°40'10”., 35.16 FEET); THENCE N.27°59'27”W., 24.50 FEET; THENCE N.62°00'33”E., 60.00 FEET; THENCE S.27°59'27”E., 50.00 FEET TO THE POINT OF BEGINNING.
TRACT E
PRESERVE AT ALAFIA
SECTION 19, TOWNSHIP 30 SOUTH, RANGE 20 EAST
HILLSBOROUGH COUNTY, FLORIDA
A PORTION OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 30 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 30 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA: THENCE N.89°43'35”E., ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, 1738.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH LINE, N.89°43'35”E., 545.69 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF GIBSONTON DRIVE AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 93-A (1-75) MAP SECTION 10075-2404 (RIGHT-OF-WAY WIDTH VARIES) SAID POINT LYING ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1197.92 FEET; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY CURVE 222.66 FEET THROUGH A CENTRAL ANGLE OF 10°38'59” (CHORD BEARING S.69°28'54”W., 222.34 FEET): THENCE NON-TANGENT N.26°19'17”W., 74.50 FEET; THENCE S.89°43'35”W., 304.37 FEET; THENCE N.00°18'12”W., 10.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2
TRACT A
TOGETHER WITH AND SUBJECT TO A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DEFINED IN AND SET FORTH IN TEMPORARY EASEMENT AND AGREEMENT BETWEEN ALAFIA COMMERCIAL COMPLEX, LLC, AND ALAFIA APARTMENTS COMPLEX, LLC RECORDED IN OFFICIAL RECORDS BOOK 19204, PAGE 1087, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OVER “TRACT A” AS DESCRIBED AS:
A PORTION OF THE SOUTH 1/2 OF SECTION 19, TOWNSHIP 30 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 30 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA: THENCE S.00°43'28”W., ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19, 650.13 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 70.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 0.53 FEET THROUGH A CENTRAL ANGLE OF 00°26'04” (CHORD BEARING S.62°17'27”E., 0.53 FEET) TO A REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 200.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 202.80 FEET THROUGH A CENTRAL ANGLE OF 58°05'55” (CHORD BEARING N.88°52'34”E., 194.22 FEET); THENCE N.59°49'37”E 623.78 FEET TO A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 174.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 44.27 FEET THROUGH A CENTRAL ANGLE OF 14°34'40” (CHORD BEARING N.52°32'17”E., 44.15 FEET); THENCE N.45°14'56”E., 182.48 FEET TO A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 76.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 59.49 FEET THROUGH A CENTRAL ANGLE OF 44°50'56” (CHORD BEARING N.67°40'24”E., 57.98 FEET); THENCE S.89°54'08”E., 599.09 FEET TO A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 110.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 118.86 FEET THROUGH A CENTRAL ANGLE OF 61°54'41” (CHORD BEARING S.58°56'48”E., 113.16 FEET); THENCE S.27°59'27”E., 37.44 FEET TO A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 38.99 FEET THROUGH A CENTRAL ANGLE OF 89°21'27” (CHORD BEARING S.72Ëš40'10”E., 35.16 FEET) TO THE NORTHERLY RIGHT-OF-WAY LINE OF GIBSONTON DRIVE AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 93-A (1-75) MAP SECTION 10075-2404 (RIGHT-OF-WAY WIDTH VARIES) SAID POINT LYING ON A NON-TANGENT CURVE SOUTHEASTERLY HAVING A RADIUS OF 5769.58 FEET; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY CURVE 129.44 FEET THROUGH A CENTRAL ANGLE OF 01°17'08” (CHORD BEARING S.62°00'33”W., 129.44 FEET) TO A POINT OF CUSP WITH A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 38.99 FEET THROUGH A CENTRAL ANGLE OF 89°21 '27” (CHORD BEARING N.16°41'16”., 35.16 FEET); THENCE N.27°59'27”W., 57.19 FEET TO A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 50.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 54.03 FEET THROUGH A CENTRAL ANGLE OF 61°54'41” (CHORD BEARING N.58°56'48”W., 51.44 FEET) THENCE N.89°54'08”W., 582.06 FEET; THENCE S.45°14'57”W., 192.38 FEET TO A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 226.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 34.14 FEET THROUGH A CENTRAL ANGLE OF 08°39'14” (CHORD BEARING S.49°34'33”W., 34.10 FEET) TO A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 35.23 FEET THROUGH A CENTRAL ANGLE OF 80°44'41” (CHORD BEARING S.13°31'51”W., 32.39 FEET); THENCE S.26°50'30”E., 266.62 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 89.41 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 69.43 FEET THROUGH A CENTRAL ANGLE OF 44°29'33” (CHORD BEARING S.81°50'23”W., 67.70 FEET); THENCE S.59°49'37”W., 39.48 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 37.82 FEET THROUGH A CENTRAL ANGLE OF 86°40'07” (CHORD BEARING N.16°29'34”E., 34.31 FEET); THENCE N.26°50'30”W., 213.36 FEET TO A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 40.72 FEET THROUGH A CENTRAL ANGLE OF 93°19'53” (CHORD BEARING N. 73°30'27”W., 36.37 FEET); THENCE S.59°49'37”W., 507.68 FEET TO A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 416.00 FEET; THENCE ALONG THE ARC OF SAID CURVE 151.15 FEET THROUGH A CENTRAL ANGLE OF 20°49'03” (CHORD BEARING S.70°14'08”W., 150.32 FEET) TO A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 200.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 88.98 FEET THROUGH A CENTRAL ANGLE OF 25°29'31” (CHORD BEARING S.67°53'53”W., 88.25 FEET TO A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 70.00 FEET; THENCE WESTERLY, NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE 296.07 FEET THROUGH A CENTRAL ANGLE OF 242°20'19” (CHORD BEARING N.03°40'42”W., 119.79 FEET TO THE POINT OF BEGINNING.
Together with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and all fixtures, including but not limited to all gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating, incinerating, laundry, air-conditioning equipment, steam and hot-water boilers, stoves, ranges, elevators and motors, bathtubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantels, refrigerating plant and refrigerators, whether mechanical or otherwise, cooking apparatus and appurtenances, furniture, shades, awnings, screens, blinds and other furnishings; and
Together with all rents, issues, proceeds, and profits accruing and to accrue from said premises, all of which are included within the foregoing description and the habendum thereof; also all articles of personal property now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the lands herein described which are necessary to the complete and comfortable use and occupancy of such building for the purposes for which they were or are to be erected, including all goods, chattels, and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals and replacements thereof or articles in substitution therefor, whether or not the same are or shall be attached to said building or buildings in any manner.
Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, and the revision and reversions, remainder and remainders, rents, issues, and profits thereof, and also all the estate, right, title, interest, homestead, dower and right of dower, separate estate, possession, claim and demand whatsoever of Alafia Apartments Complex LLC (“Mortgagor”, “Borrower” or “Debtor”) in and to the same, and every part thereof, with the appurtenances, and every part and parcel thereof.
Together with the following
1. Fixtures All property which is attached to the land or the improvements located thereon so as to constitute a fixture, including: machinery, equipment, engines, motors, boilers, compressors, incinerators, installed building materials; systems and equipment for the purpose of supplying or distributing heating, cooling, electricity, gas, water, air, or light; antennas, cable wiring and conduits used in connection with radio, television, security, fire prevention, or fire detection or otherwise used to carry electronic signals; telephone and communication systems and equipment; elevators and related machinery and equipment; fire detection, prevention and extinguishing systems and apparatus; security and access control systems and apparatus; piping, tubing and plumbing equipment and fixtures; water heaters, ranges, stoves, ovens, microwave ovens, refrigerators, dishwashers, garbage disposers, washers, dryers and other appliances; light fixtures, awnings, storm windows and storm doors; pictures, screens, blinds, shades, draperies, curtains and curtain rods; mirrors, cabinets, mantles, paneling, rugs, floor and wall coverings; fences, trees and plants; swimming pools; and exercise equipment.
2. Leases All present and future leases, subleases, licenses, concessions or grants or other possessory interest now or hereafter in force, whether oral or written, covering or affecting the mortgaged property, or any portion of the mortgage property (including proprietary leases or occupancy agreements if the Debtor is a cooperative housing corporation), and all modifications, extensions or renewals thereof.
3. Personalty All equipment, inventory, work-in-progress, finished, general intangibles which are now used or in the future may be used in connection with the ownership, management and operation of the land and the improvements or are located on the land or in the improvements, including furniture, furnishings, machinery, building materials, appliances, goods, supplies, tools, books, records (whether in written or electronic form), computer equipment (hardware and software) and other tangible personal property (other than fixtures) which are now or in the future used in connection with the ownership, management or operation of the land or the improvements or are located on the land or in the improvements, and any operating agreements relating to the land or the improvements, and any surveys, plans and specifications, warranties and contracts for architectural, engineering and construction services relating to the land or the improvements, and all other intangible property and rights relating to the operation of, or used in connection with, the land or the improvements, including all governmental licenses and permits relating to any activities on the land or the mortgaged property.
4. Rights All current and future rights, including air rights, development rights, zoning rights and other similar rights or interests, easements, tenements, rights-of-way, strips and gores of land, streets, alleys, roads, waters, watercourses, and appurtenances related to or benefitting the land or the improvements or both, and all rights-of-way, streets, alleys and roads which may have been or in the future may be vacated.
5. Insurance Proceeds All proceeds paid or to be paid by any insurer of the land, the improvements and the fixtures or any other part of the mortgaged property, whether or not the Borrower obtained the insurance pursuant to a requirement of the lender.
6. Awards All judgments, awards of damages (including but not limited to severance and consequential damages), payments, proceeds, settlements or other compensation, and the right to receive the same, heretofore or hereinafter made by any municipal, state or federal authority, including interest thereon, and the right to receive the same with respect to the land, the improvements, the fixtures, the personalty or any other part of the mortgage property, including any awards or settlements resulting from: (i) any taking of the mortgaged property or any part thereof by the exercise of the power of condemnation or eminent domain, or police power, (ii) any change or alteration of the grade of any street, or (iii) any other injury or decrease in the value of the mortgaged property or any part thereof (including but not limited to destruction or decrease in value by fire or other casualty).
7. Contracts All contracts, options and other agreements for the sale of the land, the improvements, the fixtures, the personalty or any other part of the mortgaged property entered into by the Debtor now or in the future, including cash or securities or other security deposited to secure performance by the parties of their obligations, and all construction contracts, architectural and engineering agreements and management contracts now or in the future existing pertaining to the construction, development, repair, operation, ownership, equipping or management of the mortgaged property.
8. Property Documents All architectural, engineering and similar plans, specifications, drawings, reports, surveys, plats, permits, sewer taps and allocations, agreements for utility services, bonds, warranties, guarantees, architectural, engineering, construction and management agreements and the like pertaining to the construction, development, repair, operation, management and maintenance of the mortgaged property.
9. Proceeds All payments, proceeds, settlements or other compensation from the conversion, voluntary or involuntary, of any of the above into cash or liquidated claims, and the right to collect such proceeds.
10. Receipts All rents, earnings, revenues, royalties, charges, accounts receivable, issues and profits from the ownership, operation or management of the land, the improvements or any other part of the mortgaged property, and all undisbursed proceeds of the loan secured by this instrument, and if the Borrower is a cooperative housing corporation, maintenance charges or assessments payable by shareholders, members or residents.
11. Imposition Deposits All deposits made by the Borrower to the Lender on the day monthly installments of principal or interest, or both, are due under the Note secured by the mortgaged property, that is an additional amount sufficient to accumulate with the Lender the entire sum required to pay, when due, (1) any water and sewer charges which, if not paid, could result in a lien on all or part of the mortgaged property, (ii) the premiums for fire and other hazard insurance, rent loss insurance and such other insurance as the Lender may require under the terms of the security agreement, (iii) taxes, and (iv) amounts for other charges and expenses which the lender at any time reasonably deems necessary to protect the lender's interests.
12. Refunds All refunds or rebates of impositions by any municipal, state or federal authority or insurance company (other than refunds applicable to periods before the real property tax year in which the mortgage securing the note is dated)
13. Tenant Security Deposits All tenant security deposits which have not been forfeited by any tenant under any lease.
14. Names, Trademarks and Goodwill All names under or by which any of the mortgaged property may be operated or known, and all trademarks, trade names, and goodwill relating to any of the mortgaged property.
15. Books and Records All of the records and books of account now or hereinafter maintained by or on behalf of the Debtor and/or its agents and employees in connection with the mortgaged property.
16. Funds and Accounts All estate, right, title and interest, if any, of the Debtor in and to all of the following funds and accounts and investments of funds and accounts:
(a) All accounts receivable to which the Debtor is now entitled or to which it may be entitled at any future time.
(b) All cash refunds and escrows maintained with, required by or under the control of the lender in connection with the mortgaged property including, without limitation: cash and/or residential receipts; and all escrows (as applicable) for operating deficits, debt service reserves, interest rate differential, minor movable equipment, change orders, demolition, off-site construction, latent defects, and repairs; and any other funds and accounts now or in the future held by the lender and its successors and assigns.
(c) Any cash escrow funds and any and all funds, securities, instruments, documents and other property which are at any time paid to, deposited with, under the control of, or in the possession of the secured party, or any of its agents, branches, affiliates, correspondents or others acting on its behalf.
(d) The interest of the Debtor in and to any and all funds created or established and held by the trustee pursuant to any indenture of trust or similar instrument authorizing the issuance of bonds or notes for purpose of financing the project locate upon the property.
(e) All bank accounts, certificates of deposit, letters of credit, securities, the mortgaged property; and every renewal or replacement thereof or articles in substitution therefor, whether or not the same are now or hereafter attached to the mortgaged property in any manner; all except for any right, title or interest therein owned by any tenant.
17. Proceeds Proceeds, products, returns, additions, accessions, accretions, component parts, replacements and substitutions of and to any and all of the above.
Property Address: 9711 Alafia Preserve Ave., Riverview, FL
at Public Sale, to the highest and best bidder for cash, foreclosure sale conducted via the internet: www.hillsborough.realforeclose.com, at 10:00 am on the 23rd day of December, 2013.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
The 13th Judicial Circuit of Florida is in full compliance with the Americans with Disabilities Act (ADA) which requires that all public services and facilities be as reasonably accessible to persons with disabilities as those without disabilities.
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 the Administrative Office of the Court within two working days of the date the service is needed: Complete the Request for Accommodations Form and submit to 800 E. Twiggs Street, Room 604 Tampa, FL 33602. Please review FAQ's for answers to many questions.
You may contact the Administrative Office of the Courts ADA Coordinator by letter, telephone or e-mail.
Administrative Office of the Courts
Attention: ADA Coordinator
800 E. Twiggs Street,
Tampa, FL 33602
Phone: 813-272-7040
Hearing Impaired: 1-800-955-8771
Voice impaired: 1-800-955-8770
e-mail: [email protected].
Dated: November 8, 2013.
By Mark D. Hildreth
Florida Bar No. 454893
SHUMAKER, LOOP
& KENDRICK, LLP
240 South Pineapple Avenue
Post Office Box 49948
Sarasota, Florida 34230-6948
(941) 366-6660
(941) 366-3999 Facsimile
Attorneys for Plaintiff
Primary E-mail:
[email protected]
Secondary E-mail:
[email protected]
SLK_SAR: #237154v1
A66690-160700
November 15, 22, 2013 13-10125H