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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.: 2011-CA-003349
BRANCH BANKING AND TRUST COMPANY, a North Carolina
banking corporation, as successor in interest to Colonial Bank,
Plaintiff, v.
METROPOLIS DEVELOPERS, INC., a Dissolved Florida corporation; FORD B. SMITH, individually and MARIA E. GARCIA SMITH, individually, jointly and severally,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the “Amended Final Judgment on Counts I and II of the Supplemental Complaint (To Include Foreclosure Sale Date Only”) (the “Final Judgment”), entered on May 20, 2014, in the above-styled action, in the Thirteenth Judicial Circuit Court, in and for Hillsborough County, Florida, the Clerk of Hillsborough County, Florida, will sell the property situated in Hillsborough County, Florida, as described below, to the highest bidder, for cash, online at www.hillsborough.realforeclose.com, on July 8, 2014, at 10:00 a.m.:
SEE ATTACHED EXHIBIT
EXHIBIT “A”
Real Property
PARCEL I
Location: 5620 W. Waters Avenue, Tampa, Florida
Owner: Metropolis Developers, Inc., a Florida corporation
Description: Restaurant Parcel
A Tract of land lying in the Northwest quarter of the Northeast quarter of Section 30, Township 28 South, Range 18 East, lying and being in Hillsborough County, Florida, lying West of the West right of way boundary of Channel “G”, more particularly described as follows:
Commence at the Northwest corner of the Northwest quarter of the Northeast quarter of stated Section 30, thence South 89Ëš53'10" East (assumed bearing) a distance of 250.0 feet, thence South 00Ëš06'20" West, a distance of 46.88 feet, thence South 89Ëš52'12" East along South right of way boundary of Waters Avenue (State Road No. 584) a distance of 495.75 feet for a Point of Beginning, thence continue South 89Ëš52'12" East along the South right of way boundary of Waters Avenue a distance of 183.52 feet thence South 00Ëš31'52" West, a distance of 201.44 feet to a point on the West right of way boundary of Channel “G”, and a point of curvature; thence along the stated West boundary of Channel “G”, 82.68 feet Southwesterly on the arc of a curve to the right having a radius of 1257.69 feet, and a central angle of 03Ëš46'00", (chord bearing S.02Ëš24'50"W.-82.67 feet); thence S.89Ëš52'09" W., 178.17 feet, thence N.00Ëš00'04"W., 284.84 feet to the Point of Beginning.
Together with an Ingress, Egress and Access Easement and Parking Easement and a non-exclusive Lift Station Easement and Drainage Pond and Retention Easement as granted in Cross-Easement Agreement recorded in Official Record Book 11294, page 662 of the public records of Hillsborough County, Florida.
together with all improvements, tenements, hereditaments and appurtenances pertaining thereto.
Personal Property
This Financing Statement covers the following types and items of property: all goods, fixtures, equipment, inventory, accounts, accounts receivable, contract rights, commissions, choses in action, money, general intangibles, documents, instruments and chattel paper and all other property of whatever nature now or hereafter located on the real property described in Exhibit A attached to this Financing Statement and made a part hereof or used in connection with, arising in connection with or otherwise related to the real property described in Exhibit A attached to this Financing Statement and made a part hereof, wherever located, now in existence or hereafter created or acquired, and such real property, and all proceeds (including insurance proceeds); products, substitutions, accessions, additions, replacements, renewals, modifications, and extensions thereof, including, without limitation, the real and personal property described below and all proceeds thereof:
(a) all leasehold estate, and all right, title and interest of Debtor in and to all leases or subleases covering the real property described on Exhibit A attached to this Financing Statement or any portion thereof, or any guarantees of such leases or subleases, now or hereafter existing or entered into, and all right, title and interest of Debtor thereunder, including, without limitation, all cash or security deposits, advance rentals, and deposits of payments of similar nature;
(b) all right, title and interest of Debtor in and to all options to purchase or lease the real property described on Exhibit A attached to this Financing Statement or any portion thereof or interests therein, and any greater estate in the real property described on Exhibit A attached to this Financing Statement owned or hereafter acquired;
(c) all easements, streets, ways, alleys, rights-of-way and rights used in connection therewith or as a means of access thereto, and all tenements, hereditaments and appurtenances thereof and thereto, and all water rights;
(d) any and all buildings, structures and improvements now or hereafter erected thereon, including, but not limited to the fixtures, attachments, appliances, equipment, machinery, and other articles attached to said buildings, structures and improvements;
(e) all fixtures, appliances, machinery, equipment, furniture, furnishings and articles of personal property of Debtor now or hereafter affixed to, placed upon or used in connection with the operation of the real property described on Exhibit A attached to this Financing Statement, all gas, steam, electric, water and other heating, cooking, refrigerating, lighting, plumbing, ventilating, irrigating and power systems, machines, appliances, fixtures, and appurtenances which are nor or may hereafter pertain or be used with, in or on the real property described on Exhibit A attached to this Financing Statement, even though they may be detached or detachable and all building improvement and construction materials supplies and equipment hereafter delivered to said land contemplating installation or use in the constructions thereon and all rights and interests of Debtor in building permits and architectural plans and specifications relating to contemplated constructions or improvements on said real property described on Exhibit A attached to this Financing Statement and all rights and interests of Debtor in present or future mortgage loan commitments pertaining to any of said real property described on Exhibit A attached to this Financing Statement or improvements thereon;
(f) all awards and proceeds of condemnation for the real property described on Exhibit A attached to this Financing Statement or any part thereof to which Debtor is entitled for any taking of all or any part of the real property described on Exhibit A attached to this Financing Statement by condemnation or exercise of the right of eminent domain. All such awards and condemnation proceeds are hereby assigned to Secured Party and the Secured Party is hereby authorized, subject to the provisions contained in the mortgage, by and between the Debtor and the Secured Party, to apply such awards and condemnation proceeds or any part thereof, after deducting therefrom any expenses incurred by the Secured Party in the collection or handling thereof, toward the payment, in full or in part, of the note made by the Debtor to the order of the Secured Party, notwithstanding the fact that the amount owing thereon may not then be due and payable;
(g) all rents, issues and profits of the real property described on Exhibit A attached to this Financing Statement and all the estate, right, title and interest of every nature whatsoever of the Debtor in and to the same;
(h) all accounts (including contract rights) and general intangibles pertaining to or arising from or in connection with all or any part of the real property described on Exhibit A attached to this Financing Statement; and
(i) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing items.
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 an accommodation, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation please contact the ADA Coordinator within seven working days of the date the service is needed; if you are hearing or voice impaired, call 711.
STEPHENIE BIERNACKI ANTHONY, ESQUIRE
Florida Bar Number: 0127299
[email protected]
ANTHONY & PARTNERS, LLC
201 N. Franklin Street, Suite 2800
Tampa, Florida 33602
Telephone: (813) 273-5616/
Facsimile: (813) 221-4113
Attorneys for the Bank
June 6, 13, 2014 14-04006H