13-09212H

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
CIVIL DIVISION
Case No.: 10-CA-007088
Division: C
GE COMMERCIAL FINANCE BUSINESS PROPERTY CORPORATION, a Delaware corporation,
Plaintiff, vs.
MAPMS, LLC, a Florida limited liability company; KEARNEY CONSTRUCTION CO., LLC, a Florida limited liability company; KEARNEY DEVELOPMENT COMPANY, INC., a Florida corporation; MADISON PARK OF COMMERCE PROPERTY OWNERS ASSOCIATION, INC., a Florida non-profit corporation; MADISON INDUSTRIAL PARK PROPERTY OWNERS ASSOCIATION, INC., a Florida non-profit corporation; KEARNEY CONSTRUCTION COMPANY, INC., a Florida corporation; FLORIDA TRUCKING CO., INC., a Florida corporation; FLORIDA SOIL CEMENT, LLC, a Florida limited liability company; FLORIDA FUEL TRANSPORTERS, LLC, a Florida limited liability company; FLORIDA EQUIPMENT COMPANY, LLC, a Florida limited liability company; AVT EQUIPMENT, LLC, a Florida limited liability company; K & S SITE CONSTRUCTION, INC., a Florida corporation; JOHN DOE I; JANE DOE I; JOHN DOE II; JANE DOE II; JOHN DOE III; and JANE DOE III,
Defendants.
Notice is hereby given that, pursuant to the Uniform Final Judgment of Foreclosure entered in this cause on October 2, 2013, Pat Frank, Clerk of the Circuit Court, Hillsborough County, Florida, will sell the real property situated in Hillsborough County, Florida described in Exhibit “A” attached hereto and the personal property owned by Defendant, MAPMS, LLC, as described in Exhibit “B” attached hereto, for CASH, online at the following website: http://www.hillsborough.realforeclose.com , beginning at 10:00 A.M. on November 19, 2013 at public sale to the highest and best bidder.
All bidders hereby take notice pursuant to paragraph 17 of the Uniform Final Judgment of Foreclosure entered in this cause on October 2, 2013 the sale of the property is subject to the removal of those certain furniture, fixtures, equipment and personal property, located at the subject real property, as described in those certain Uniform Commercial Code Financing Statements, as filed with the Florida Secured Transaction Registry under filing numbers 200705352836, 200706065059, 200706065040 and 201207281466 and that certain Uniform Commercial Code Financing Statement recorded as instrument # 2012226416 in O.R. Book 21212, beginning at Page 381 of the Official Records of Hillsborough County, Florida and any other personal property owned by other third parties that includes vehicles and small tools still occupying only the special use building located at the back of the subject real property at any time within ninety (90) business days of the date of the Uniform Final Judgment of Foreclosure.
EXHIBIT “A”
(5115 Joanne Kearney Boulevard, Tampa, Hillsborough County, Florida)
Legal Description:
Parcel 1:
Lot 1, MADISON PARK OF COMMERCE, according to the plat thereof recorded in Plat Book 109, page 229, of the public records of Hillsborough County, Florida.
Parcel 2:
Non-exclusive easements for the benefit of Parcel 1 as created by the Declaration of Covenants, Conditions and Restrictions of Madison Park of Commerce recorded in Official Records Book 16339, at page 1688, of the public records of Hillsborough County, Florida, for vehicular and pedestrian ingress and egress, drainage flow, retention and detention and sanitary sewer system, over, under and across the lands set forth therein.
Parcel 3:
Permanent, non-exclusive easement for the benefit of Parcel 1 as created by that certain Drainage Easement Agreement recorded in Official Records Book 16108, at page 1795, of the public records of Hillsborough County, Florida, for stormwater and effluent drainage flow and retention.
Parcel 4:
Non-exclusive easement for the benefit of Parcel 1 as created by the Parking Easement Agreement between Deneb LLC, and MAPMS, LLC, dated December 29, 2006, and recorded in Official Records Book 17324, page 1148, of the public records of Hillsborough County, Florida, for vehicular parking, over, under and across the land described as follows:
A PORTION OF LOT 38 MADISON INDUSTRIAL PARK ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 109, PAGE 141, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 38 THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 38 NORTH 89Ëš 27' 55" WEST FOR 22.00 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 00Ëš 02' 35" EAST FOR 1692.37 FEET; THENCE SOUTH 89Ëš 57' 25" EAST FOR 22.00 FEET TO THE NORTHWEST CORNER OF LOT 1 MADISON PARK OF COMMERCE AS RECORDED IN PLAT BOOK 109, PAGE 229, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; THENCE ALONG THE COMMON BOUNDARY BETWEEN SAID LOT 1 ON THE EAST AND SAID LOT 38 ON THE WEST SOUTH 00Ëš 02' 35" WEST FOR 1692.56 FEET TO THE POINT OF BEGINNING.
EXHIBIT B
This Statement covers the following types of collateral (“Collateral”) now owned or hereafter acquired by Debtor:
a. All buildings, structures, improvements, parking areas, landscaping, equipment, fixtures, goods and articles of personal property now or hereafter erected on, attached to, or used or adapted for use in the operation of the real property described on Exhibit A attached hereto (the “Premises”); including but without being limited to, all heating, air conditioning and incinerating apparatus and equipment; all boilers, engines, motors, dynamos, generating equipment, piping and plumbing fixtures, water heaters, ranges, cooking apparatus and mechanical kitchen equipment, refrigerators, freezers, cooling, ventilating, sprinkling and vacuum cleaning systems, fire extinguishing apparatus, gas and electric fixtures, carpeting, floor coverings, under padding, elevators, escalators, partitions, mantels, built-in mirrors, window shades, blinds, draperies, screens, storm sash, awnings, signs, furnishings of public spaces, halls and lobbies, and shrubbery and plants, and including also all interest of any owner of the Premises in any of such items hereafter at any time acquired under conditional sale contract, chattel mortgage or other title retaining or security instrument, all of which property mentioned in this clause (a) shall be deemed part of the realty constituting the Premises and not severable wholly or in part without material injury to the freehold of the Premises (all of the foregoing together with replacements and additions thereto are referred to herein as “Improvements”); and
b. All compensation, awards, damages, rights of action and proceeds, including interest thereon and/or the proceeds of any policies of insurance therefor, arising out of or relating to a (i) taking or damaging of the Premises or Improvements thereon by reason of any public or private improvement, condemnation proceeding (including change of grade), sale or transfer in lieu of condemnation, or fire, earthquake or other casualty, or (ii) any injury to or decrease in the value of the Premises or the Improvements for any reason whatsoever;
c. Return premiums or other payments upon any insurance any time provided for the benefit of or naming Secured Party, and refunds or rebates of taxes or assessments on the Premises;
d. All the right, title and interest of Debtor in, to and under all written and oral leases and rental agreements (including extensions, renewals and subleases; all of the foregoing shall be referred to collectively herein as the “Leases”) now or hereafter affecting the Premises including, without limitation, all rents, issues, profits and other revenues and income therefrom and from the renting, leasing or bailment of Improvements and equipment, all guaranties of tenants' performance under the Leases, and all rights and claims of any kind that Debtor may have against any tenant under the Leases or in connection with the termination or rejection of the Leases in a bankruptcy or insolvency proceeding; and the leasehold estate in the event this Instrument is on a leasehold;
e. Plans, specifications, contracts and agreements relating to the design or construction of the Improvements; Debtor's rights under any payment, performance, or other bond in connection with the design or construction of the improvements; all landscaping and construction materials, supplies, and equipment used or to be used or consumed in connection with construction of the Improvements, whether stored on the Premises or at some other location; and contracts, agreements, and purchase orders with contractors, subcontractors, suppliers, and material men incidental to the design or construction of the Improvements;
f. All contracts, accounts, rights, claims or causes of action pertaining to or affecting the Premises or the Improvements, including, without limitation, all options or contracts to acquire other property for use in connection with operation or development of the Premises or Improvements, management contracts, service or supply contracts, deposits, bank accounts, general intangibles (including without limitation trademarks, trade names and symbols), permits, licenses, franchises and certificates, and all commitments or agreements, now or hereafter in existence, intended by the obligor thereof to provide Debtor with proceeds to satisfy the loan evidenced hereby or improve the Premises or Improvements, and the right to receive all proceeds due under such commitments or agreements including refundable deposits and fees (the term “general intangibles” as used in this paragraph shall have the meaning given such term in the Uniform Commercial Code - Secured Transactions of the state where the Premises is located);
g. All books, records, surveys, reports and other documents related to the Premises, the Improvements, the Leases, or other items of collateral described herein; and
h. All additions, accessions, replacements, substitutions, proceeds and products of the real and personal property, tangible and intangible, described herein.
All of the foregoing described collateral is exclusive of any furniture, furnishings or trade fixtures owned and supplied by tenants of the Premises.
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 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 ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs St., Room 604, Tampa, Florida 33602, (813) 272-7040, 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.
Rabian M. Brooks III, Esq.
Florida Bar No. 0136182
Primary Email:
[email protected]
Secondary Email:
[email protected]
[email protected]
Thompson & Brooks
412 E. Madison Street, Suite 900
Tampa, Florida 33602
Telephone: (813) 387-1821
Telecopier: (813) 387-1824
Attorneys for the Plaintiff
October 18, 25, 2013 13-09212H

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