13-08099H

FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
Case No. 13-CA-010887
Division D
WELLS FARGO BANK, N.A., a national banking association,
Plaintiff, v.
LITHIA OAKS BUSINESS
CENTER, L.L.C. a/k/a LITHIA OAKS BUSINESS CENTER, LLC, a Florida limited liability company; NATHAN J. VACCARO, JR., an individual; ALTHEA VACCARO, an individual; JOHN DOE AS UNKNOWN TENANT #1; JOHN DOE AS UNKNOWN TENANT #2; JOHN DOE AS UNKNOWN TENANT #3; JOHN DOE AS UNKNOWN TENANT #4; JOHN DOE AS UNKNOWN TENANT #5; JOHN DOE AS UNKNOWN TENANT #6; JOHN DOE AS UNKNOWN TENANT #7; JOHN DOE AS UNKNOWN TENANT #8; JOHN DOE AS UNKNOWN TENANT #9; JOHN DOE AS UNKNOWN TENANT #10; JOHN DOE AS UNKNOWN TENANT #11; JOHN DOE AS UNKNOWN TENANT #12; JOHN DOE AS UNKNOWN TENANT #13; JOHN DOE AS UNKNOWN TENANT #14; JOHN DOE AS UNKNOWN TENANT #15; JOHN DOE AS UNKNOWN TENANT #16; JOHN DOE AS UNKNOWN PARTY IN POSSESSION; and ANY AND ALL OTHERS CLAIMING BY, THROUGH OR UNDER SAID DEFENDANTS,
Defendants.
TO: ANY AND ALL OTHERS CLAIMING BY, THROUGH OR UNDER SAID DEFENDANTS
(Addresses Unknown)
YOU ARE NOTIFIED that an action has been filed by Plaintiff, WELLS FARGO BANK, N.A., a national banking association, seeking foreclosure of the following real and personal property:
REAL PROPERTY
PARCEL I:
BEGIN AT INTERSECTION OF THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 29 SOUTH, RANGE 20 EAST, WITH THE EAST LINE OF LITHIA PAVED ROAD AND RUN THENCE EAST 209 FEET, THENCE SOUTHEASTERLY AND PARALLEL WITH THE EAST LINE OF PUBLIC ROAD 104.5 FEET, THENCE WEST 209 FEET, AND THENCE NORTHWESTERLY ALONG SAID EAST LINE OF PUBLIC ROAD TO POINT OF BEGINNING, ALL LYING AND BEING IN HILLSBOROUGH COUNTY, FLORIDA.
LESS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE NORTH 89°53'41” WEST ALONG THE NORTH LINE OF THE SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, 603.02 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 00°17'11” EAST, 10.54 FEET, THENCE SOUTH 33°41'40” EAST, 83.72 FEET; THENCE NORTH 89°53'41” WEST, 25.05 FEET, THENCE NORTH 33°25'18” WEST, 87.52 FEET, THENCE NORTH 00°06'28” WEST, 7.16 FEET; THENCE SOUTH 89°53'41” EAST, 26.77 FEET TO THE POINT OF BEGINNING, LESS MAINTAINED RIGHT OF WAY.
AND
PARCEL II:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 29 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA, RUN THENCE SOUTH 0°01” WEST 195.16 FEET ALONG THE EAST BOUNDARY OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, THENCE SOUTH 84°09” WEST, 496.61 FEET, THENCE NORTH 33°00' WEST 200.53 FEET, THENCE SOUTH 89°04” EAST 209 FEET, PARALLEL TO THE NORTH BOUNDARY OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, THENCE NORTH 33°00' WEST 104.5 FEET TO SAID NORTH BOUNDARY, THENCE EAST ALONG THE NORTH BOUNDARY OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 TO THE POINT OF BEGINNING, LESS RIGHT OF WAY FOR LITHIA PINECREST ROAD.
LESS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE SOUTH 00°07'05” WEST, 195.15 FEET; THENCE SOUTH 84°00'55” WEST, 444.92 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 84°00'55” WEST, 51.70 FEET TO THE SURVEY BASELINE OF LITHIA PINECREST ROAD; THENCE NORTH 33°25'18” WEST, 198.81 FEET; THENCE SOUTH 89°53'41” EAST, 55.04 FEET; THENCE SOUTH 33°25'18” EAST, 195.81 FEET TO THE POINT OF BEGINNING, LESS MAINTAINED RIGHT OF WAY.
LESS AND EXCEPTING FROM THE ABOVE TWO PARCELS THAT PART OF:
BEGIN AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, SECTION 26, TOWNSHIP 29 SOUTH, RANGE 20 EAST; THENCE RUN ALONG SAID EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, S 00°02'59” W, A DISTANCE OF 194.85 FEET; THENCE RUN S 84°09'00” W, A DISTANCE OF 444.92 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF LITHIA PINECREST ROAD; THENCE RUN ALONG SAID RIGHT OF WAY LINE THE FOLLOWING (4) FOUR COURSES; N 33°17'13” W, A DISTANCE OF 192.23 FEET; N 89°45'36” W, A DISTANCE OF 8.86 FEET; N 33°51'51” W, A DISTANCE OF 82.20 FEET; N 00°27'22” W, A DISTANCE OF 10.54 FEET TO A POINT LYING ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, SAID SECTION 26, TOWNSHIP 29 SOUTH, RANGE 20 EAST; THENCE RUN ALONG SAID NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, N 89°56'08” E, A DISTANCE OF 603.02 FEET TO THE POINT OF BEGINNING.
LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE; COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE S 89°56'08” W, ALONG THE NORTH LINE OF THE SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, 600.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 33°17'14” EAST, ALONG A LINE THAT IS 53.50 FEET NORTHEASTERLY OF AND PARALLEL WITH THE BASELINE OF SURVEY AS SHOWN ON “HILLSBOROUGH COUNTY” RIGHT OF WAY MAP OF LITHIA PINECREST ROAD AND BRYAN ROAD PROJECT NO. 92-02-R DATED MAY, 1998, A DISTANCE OF 286.54 FEET TO THE POINT OF TERMINUS.
PARCELS I AND II ALSO DESCRIBED AS:
LEGAL DESCRIPTION (BY SURVEYOR):
BEGIN AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, SECTION 26, TOWNSHIP 29 SOUTH, RANGE 20 EAST; THENCE RUN ALONG SAID EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, S 00°02'59” W, A DISTANCE OF 194.85 FEET; THENCE RUN S 84°09'00” W, A DISTANCE OF 444.92 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF LITHIA PINECREST ROAD; THENCE RUN ALONG SAID RIGHT OF WAY LINE THE FOLLOWING (4) FOUR COURSES; N 33°17'13” W, A DISTANCE 192.23 FEET; N 89°45'36” W, A DISTANCE OF 8.86 FEET; N 33°51'51” W, A DISTANCE OF 82.20 FEET; N 00°27'22” W, A DISTANCE OF 10.54 FEET, TO A POINT LYING ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 SAID SECTION 26, TOWNSHIP 29 SOUTH, RANGE 20 EAST; THENCE RUN ALONG SAID NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, N 89°56'08” E, A DISTANCE OF 603.02 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPTING FROM THE ABOVE PARCEL THAT PART OF:
BEGIN AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, SECTION 26, TOWNSHIP 29 SOUTH, RANGE 20 EAST; THENCE RUN ALONG SAID EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, S 00°02'59” W, A DISTANCE OF 194.85 FEET; THENCE RUN S 84°09'00” W, A DISTANCE OF 444.92 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF LITHIA PINECREST ROAD; THENCE RUN ALONG SAID RIGHT OF WAY LINE THE FOLLOWING (4) FOUR COURSES; N 33°17'13” W, A DISTANCE OF 192.23 FEET; N 89°45'36” W, A DISTANCE OF 8.86 FEET; N 33°51'51” W, A DISTANCE OF 82.20 FEET; N 00°27'22” W, A DISTANCE OF 10.54 FEET, TO A POINT LYING ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, SAID SECTION 26, TOWNSHIP 29 SOUTH, RANGE 20 EAST; THENCE RUN ALONG SAID NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, N 89°56'08” E, A DISTANCE OF 603.02 FEET TO THE POINT OF BEGINNING.
LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE S89°56'08”W, ALONG THE NORTH LINE OF THE SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, 600.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 33°17'14” EAST, ALONG A LINE THAT IS 53.50 FEET NORTHEASTERLY OF AND PARALLEL WITH THE BASELINE OF SURVEY AS SHOWN ON “HILLSBOROUGH COUNTY” RIGHT OF WAY MAP OF LITHIA PINECREST ROAD AND BRYAN ROAD PROJECT NO. 92-02-R DATED MAY, 1998, A DISTANCE OF 286.54 FEET TO THE POINT OF TERMINUS.
PERSONAL PROPERTY
“Personal Property” shall mean the following, now owned or hereafter acquired by Mortgagor, and all accessories, attachments, additions, replacements, substitutes, products, proceeds, and accessions thereto or thereof: (i) all property, personal or other-wise, at any time attached to or incorporated into or used in or about the Land and/or Improvements, including, without limitation, all fixtures, building materials, inventory, furniture, appliances, furnishings, goods, equipment, and machinery and all other tangible personal property affixed, attached or related to such property or used in connection therewith; (ii) all accounts, deposit accounts, inventory, instruments, chattel paper, documents, consumer goods, insurance proceeds, surveys, plans and specifications, drawings, permits, licenses, warranties, guaranties, deposits, prepaid expenses, contract rights, and general intangibles now, or hereafter related to, any of the Land and/or Improvements; (iii) all Rents and Leases; (iv) all other income or revenues of any kind now or hereafter derived from the operation of the Land and/or the Improvements, including without limitation overnight or other room rental charges, service fees and charges, and other fees for the use of all or any portion of the Mortgaged Property or any facilities thereon, or services provided thereon or therein, (v) all general intangibles relating to the development or use of the Land and/or Improvements, including but not limited to all governmental permits relating to construction on the Land and/or, all names under or by which the Land and/or Improvements may at any time be operated or known, and all rights to carry on the business under any such names or any variant thereof, and all trademarks and goodwill in any way relating to the Land and/or Improvements; (vi) all water rights relating to the Land and/or Improvements that is owned by Mortgagor in common with others, and all documents of membership in any owners' or members' association or similar group having responsibility for managing or operating any part of the Land and/or Improvements; and (vii) all proceeds and claims arising on account of any damage to or taking of the Land and/or Improvements or any part thereof, and all causes of action and recovery for any loss or diminution in the value of the Land and/or Improvements or any Rents relating to the Real Estate and all proceeds, loss payments and premium refunds which may become payable with respect to such insurance policies.
has been filed against you and you are required to serve a copy of a written defense, if any, to J. Martin Knaust, Esquire or L. Geoffrey Young, Esq., Plaintiff's attorney, whose address is 150 Second Avenue North, 17th Floor, St. Petersburg, Florida 33701, within 30 days from the date of this Notice, and file the original with the Clerk of this Court, either before service on Plaintiff's attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in Plaintiff's Complaint.
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 Court Administration at least 7 days before your scheduled court appearance, or immediately upon receiving a notification of a scheduled court proceeding if the time before the scheduled appearance is less than 7 days. Complete the Request for Accommodations Form and submit to 800 E. Twiggs Street, Room 604, Tampa, FL 33602. ADA Coordination Help Line (813) 272-7040; Hearing Impaired Line 1-800-955-8771; Voice Impaired Line 1-800-955-8770.
Dated this 28 day of August, 2013.
(SEAL) PAT FRANK,
CLERK OF COURT
HILLSBOROUGH COUNTY,
FLORIDA
By: Sarah A. Brown
DEPUTY CLERK
Attorneys for Plaintiff:
J. Martin Knaust
Florida Bar No. 84396
ADAMS AND REESE LLP
150 Second Avenue North, 17th Floor
St. Petersburg, FL 33701
(727) 502-8250/Fax: (727) 502-8950
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September 6, 13, 2013 13-08099H

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