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FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA
CASE: 2009-04844-CI-21
CAPITAL RESOURCES OF FLORIDA LLC,
Plaintiff, v.
BLUE TARPON HOTELS L.C., et. al.,
Defendants.
TO: THE FORMULA BLUE TARPON HOTELS LC, and JOINT VENTURE BUYERS OF THE FORMULA BLUE TARPON HOTELS LC, as identified in the Memorandum of Property Interest recorded in O.R. Book 15990, Page 1020, Public Records of Pinellas County, Florida; and ALL PARTIES HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED
YOU ARE HEREBY NOTIFIED that a Fourth Amended Complaint has been filed against you seeking to foreclose a mortgage and security interests by the plaintiff, CAPITAL RESOURCES OF FLORIDA LLC, a Florida limited liability company, on the following described property in Pinellas County:
SEE LEGAL DESCRIPTION
ATTACHED AS EXHIBITS A AND B
Exhibit A
The North 250 feet of the following described parcel:
Tract 49 and 50, Less the North 540 feet of each and Less also that portion of Tract 49, within the right of way of the Gulf Coast Highway (U.S. Highway 19) of Tampa & Tarpon Springs Land Company Subdivision, of Section 18, Township 27 South, Range 16 East, according to the plat thereof, as recorded in Plat Book 1, Page 116, in public records of Hillsborough County, Florida, of which Pinellas County was formerly a part and being more particularly described as follows: To find the Point of Beginning, begin at a concrete monument set by Pinellas County at the center of Section 18, Township 27 South, Range 16 East, Pinellas County, Florida and thence run along the centerline of U.S. Highway 19 (State Route 55, a 200 foot right of way) South 00Ëš 03' 04'' East, a distance of 540.00 feet to a point; thence leave said centerline and run North 89Ëš50' 38'' West, a distance of 100 feet to a concrete monument found on the Western right of way of U.S. Highway #19, which concrete monument is the True Point of Beginning; from said True Point of Beginning; thence running along the Western right of way of U.S. Highway 19, South 00Ëš 03' 04'' East, a distance of 250 feet to an iron rod; thence leaving said right of way and running North 89Ëš50' 38'' W., a distance of 766.27 feet to an iron rod; thence running North 00Ëš 12' 43'' West, a distance of 250 feet to an iron rod set; thence running South 89Ëš50' 38'' East, a distance of 766.97 feet to a concrete monument on the Western right of way of U.S. Highway #19 and the Point of Beginning.
Exhibit B
All and singular the tenements, hereditaments and appurtenances and all structures, buildings and improvements of every kind and description now or hereafter on said land, and all heretofore or hereafter vacated alleys and streets abutting the said land, and all riparian and littoral rights, easements, rights, rents, royalties, mineral, oil and gas rights and profits, water, water rights and water stock appurtenant to the said land, and all fixtures, machinery, equipment, building material, appliances and goods of every nature whatsoever now or hereafter located in, or on, or used, or intended to be used in connection with the said land, improvements and appurtenances including, but not limited to those for the purposes of supplying or distributing heating, cooking, electricity, gas, water, air and light; and all elevators and relaxed machinery and equipment, plumbing, bath tubs, water heaters, sinks, and other plumbing fixtures, rangers, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains, carpet, attached floor covering, furniture, antennae, trees and plants, all of which including replacement and additions thereto.
Further together with all rents, issues, income, profits and all accounts receivable generated through the use by Borrower or others of the real or personal property encumbered by the Mortgage, including any such rents, issues, income, profits and all accounts receivable of any business activity conducted by Borrower on or through the use of such property, and the proceeds of all of the foregoing.
You are required to serve a copy of your written defenses and/or objections, if any, on the plaintiff's attorney, Steven H. Weinberger, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP, 911 Chesnut St., Post Office Box 1368, Clearwater, FL 33757, [email protected], on or before MARCH 24, 2014, a date which is within thirty (30) days after the first publication of this Notice in the BUSINESS OBSERVER and to file the original with the Clerk of this Court, Pinellas County Courthouse, 315 Court Street, Clearwater, FL 33756, either before service on the plaintiff's attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the Complaint.
“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. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD) 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.”
DATED: FEB 17, 2014.
KEN BURKE
CLERK CIRCUIT COURT
315 Court Street Clearwater,
Pinellas County, FL 33756-5165
By: Elizabeth Gonzalez F
Deputy Clerk
Steven H. Weinberger, Esq.,
Johnson, Pope, Bokor,
Ruppel & Burns, LLP,
911 Chestnut St.,
Post Office Box 1368
Clearwater, FL 33757
[email protected] 1593313v.4
February 21, 28, 2014 14-01642N