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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.: 11-004819
Division: I
STONEGATE BANK, a Florida banking corporation,
Plaintiff, vs.
EXECUTIVE MORTGAGE & INVESTMENTS, INC., a Florida corporation; CURTIS A. DAVIS,
an individual; RUDOLPH V. WESLEY, III, an individual; JAMES FLANDERS, an individual;
WILLIAM CRESCENZO, an individual; STATE OF FLORIDA, DEPARTMENT OF REVENUE;
STATE OF FLORIDA; AMERICAN EXPRESS BANK, FSB; UNKNOWN TENANT #1 a/k/a
REGINALD BAILEY, an individual; UNKNOWN TENANT #2 a/k/a ARTHUR SPIKE, an individual;
and UNKNOWN TENANT #3 a/k/a LAURA STUTZMAN, an individual,
Defendants.
Notice is hereby given that pursuant to an Amended Uniform Final Summary Judgment of Foreclosure entered in the above entitled cause in the Circuit Court of Hillsborough County, Florida, Pat Frank, Clerk of the Circuit Court will sell the property located in Hillsborough County, Florida described as:
SEE EXHIBIT “A”
(Executive Mortgaged Property)
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
Parcel I
Lots 13 and 15, Willis Estates Subdivision, according to the plat thereof, recorded in Plat Book 4, Page 35, of the public records of Pasco County, Florida.
Also being described as follows:
Commence at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of Section 13, Township 26 South, Range 18 East, Pasco County, Florida; thence Northerly along 1/2 Section Line, 1162.30 feet for Point of Beginning, being the Southwest corner of vacated Tract 13, of Willis Estates, according to the map or plat thereof, as recorded in Plat Book 4, Page 35; thence continue Northerly along the 1/2 Section line, 311.50 feet to the Northwest corner of vacated Tract 15 of said Subdivision; thence Easterly along the North boundary of said Tract 15, 680.00 feet to the Westerly right of way line of School Road; thence Southeasterly along right of way, 315.18 feet, more or less, to the Southeast corner of said Tract 13; thence Westerly along the South boundary 728.00 feet to the Point of Beginning. Said Tracts 13 and 15, vacated as per Board of County Commissioners Resolution 385-196, f/k/a Lots 13 and 15, Willis Estates, according to the plat thereof, as recorded in Plat Book 4, Page 35, of the public records of Pasco County, Florida.
Parcel II
Lot 13, and the West 1/2 of closed alley abutting thereon and Less the drainage easement to the State of Florida per O.R. Book 3307, Page 1111, Block 2, Spitler Park Unit No. 1, according to the plat thereof, recorded in Plat Book 23, Page 49, public records of Hillsborough County, Florida.
Parcel III
Lot 14, and the West 1/2 of closed alley abutting thereon and Less the drainage easement to the State of Florida per O.R. Book 3307, Page 1111, Block 2, Spitler Park Unit No. 1, according to the plat thereof, recorded in Plat Book 23, Page 49, public records of Hillsborough County, Florida.
Parcel IV
Lot 15, and the West 1/2 of closed alley abutting thereon, Block 2, Spitler Park Unit No. 1, according to the plat thereof, recorded in Plat Book 23, Page 49, public records of Hillsborough County, Florida.
Parcel V
Lots 11 and 12, together with the West 1/2 of closed alley abutting thereon, Block 2, Spitler Park Unit No. 1, according to the plat thereof, recorded in Plat Book 23, Page 49, public records of Hillsborough County, Florida.
Parcel VI
The North 53.6 feet of Lots 23 and 24, Block 5, of Belevedere Park Subdivision, according to the plat thereof, recorded in Plat Book 22, Pages 44A and 44B, public records of Hillsborough County, Florida, Less the West 4 feet of Lot 24, for road right of way.
Parcel VII
Lot 6 and the East 12 feet of Lot 7, Block 13, Gandy Boulevard Park, according to the plat thereof, as recorded in Plat Book 21 Page 22, of the public records of Hillsborough County, Florida.
TOGETHER WITH:
The following property now or hereafter acquired or owned by Executive Mortgage & Investments, Inc. (Debtor or Borrower):
All rights, title and interest of Borrower in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other implements now or hereafter on the Property described above (hereinafter referred to as “Property”) or under or above the same or any part or parcel thereof.
All machinery, apparatus, equipment, fitting, fixtures, structures whether actually or constructively attached to the property and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon or under the Property and now owned or hereafter acquired by Borrower, including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces, oil burners or units thereof; appliances, air-cooling and air conditioning apparatus; vacuum cleaning systems; elevators, escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishing; together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass, doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all additions and accessions thereto and replacements thereof.
All of the water, sanitary and stormwater sewer systems now or hereafter owned by the Debtor which are no or hereafter located by, over, and upon the Property or any part thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Property or any part or parcel thereof.
All of Debtor's interest as lessor or lessee in and to all leases or rental arrangements of the Property, or any part thereof, heretofore made and entered into, and in and to al leases or rental arrangements hereafter made and entered into by Debtor during the life of the security agreements or any extension or renewal thereof, together with all rents and payments in lieu of rents, together with any and all guarantees rental arrangements and including all present and future security deposits and advance rentals.
Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Property described above or in this Exhibit.
All of the right, title and interest of the Debtor in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of the security agreement, and all proceeds or sums payable for the loss of or damage to (a) the Property described above or herein: or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property; or (c) any deposits or advance rents under any contracts for the sale of or leases of the Property.
All contracts and contract rights of Debtor arising from contracts including the Mortgage and Loan Agreement between Debtor and Secured Party, entered into in connection with development, construction upon sale or operation of the Property, including deposits, escrow accounts and reserves.
All of Debtor's rights to any fictitious or other names or trade names, logos or trademarks used in conjunction with the said real and personal property.
All furniture, furnishings, appliances and equipment and all other tangible personal property now or hereafter owned or acquired by the Debtor and now or hereafter located or installed at or in any improvement on the Property or elsewhere at or on the Property, together with all accessories and parts now attached to or used in connection with any such Property or which may hereafter at any time be placed in or added thereto and also any and all replacements and proceeds of any such Property.
Any property or other thing of value acquired with or paid for by any advance pursuant to the Mortgage between Debtor and Secured Party.
All plans, specifications, building permits, certificates of occupancy, approvals, licenses, permits or certificates from governmental authorities, advertising materials, inquiries from perspective purchasers, commitments for permanent financing, surveys, subcontracts relating to the improvement or sale of the Property.
All of the rents, issues and profits of and from the Property not hereinabove provided.
at public sale, to the highest and best bidder for cash, at www.hillsborough.realforeclose.com, beginning at 10:00 a.m. on November 14, 2013.
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 Public Information Dept., Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext 8110 (V) in Dade City, 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: September 26, 2013
For the Court:
R. Travis Santos
Florida Bar No. 0077075
HILL, WARD & HENDERSON, P.A.
101 East Kennedy Boulevard,
Suite 3700
Tampa, Florida 33601
Telephone: (813) 221-3900
Facsimile: (813) 221-2900
E-Mail: [email protected]
Attorneys for Plaintiff, Stonegate Bank
October 4, 11, 2013 13-04188P