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FIRST INSERTION
FOURTH AMENDED NOTICE OF SALE ON COMPLAINT
IN THE CIRCUIT COURT
OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO: 10-012935-CI
MERCANTILE BANK, a division of Carolina First Bank,
Plaintiff, v.
SPARKLING COURT, LLC, a Florida limited liability company; LEGACY GROUP
DEVELOPMENT, LLC, a Florida limited liability company;
FLORIDA CONSTRUCTION
SERVICES, INC., a Florida
corporation; MICHAEL R. SHEEKS, individually and SOPHIA SHEEKS, individually, jointly and severally,
Defendants.
NOTICE IS HEREBY GIVEN that the Clerk of the Circuit Court for Pinellas County, Florida, under and pursuant to the Uniform Final Judgment of Foreclosure heretofore entered on the 9th day of February, 2011 and the Order Rescheduling Foreclosure Sale entered on the 30th day of April, 2014, in that certain cause pending in the Circuit Court of the Sixth Judicial Circuit, in and for Pinellas County, Florida, being Civil Action No. 10-012935-CI, in which the Plaintiff is TD BANK, N.A., as successor by merger to Mercantile Bank, a division of Carolina First Bank (“TD Bank”), and the Defendants are SPARKLING COURT, LLC, a Florida limited liability company (“Sparkling Court”); LEGACY GROUP DEVELOPMENT, LLC, a Florida limited liability company (“Legacy Group”); FLORIDA CONSTRUCTION SERVICES, INC., a Florida corporation (“Florida Construction”); MICHAEL R. SHEEKS, individually (“Michael”) and SOPHIA SHEEKS, individually (“Sophia”), jointly and severally, and under and pursuant to the terms of the said Uniform Final Judgment of Foreclosure will offer for sale at www.pinellas.realforeclose.com, the Clerk's website for on-line auctions in accordance with Chapter 45 Florida Statutes, on the 30th day of July, 2014, at the hour of 10:00 a.m. in the morning, the same being a legal sales day and the hour a legal hour of sale, the real and personal property situated in Pinellas County, Florida and legally described as follows:
Real Property
The North 171.00 Feet, less the East 223.00 feet, of Block H, DUNEDIN ISLES ADDITION, as recorded in Plat Book 37, Pages 16 and 17, of the Public Records of Pinellas County, Florida.
together with all improvements, fixtures, equipment, machinery, tenements, hereditaments and appurtenances pertaining thereto.
Personal Property
All inventory, any and all Debtor's instruments, documents, and other writings of any type, all of Debtor's general intangible property, machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the Mortgaged Premises, as defined and described below, and including all trade, domestic and ornamental fixtures now or hereafter located in, upon or under the Mortgaged Premises or any part thereof and used or usable in connection with any present or future operation of the Mortgaged Premises and now owned or hereafter acquired by Debtors, 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; all building materials and equipment now or hereafter delivered to the Mortgaged Premises and intended to be installed therein, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipes, 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 storm sewer systems now or hereafter owned by the Debtors which are now or hereafter located by, over, and upon the Mortgaged Premises or any part and parcel 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 Mortgaged Premises or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Mortgaged Premises or any part or parcel thereof; all of Debtor's interest as lessor in and to all leases or rental arrangements of the Mortgaged Premises, or any part thereof, heretofore made and entered into, and in and to all 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 of such leases or 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 Mortgaged Premises; all of the right, title and interest of the Debtor in and to all unearned premiums accrued, accruing or to accrue personal property now or hereafter owned or acquired by the Debtors or now or hereafter located or installed at or in any other improvement on the Mortgaged Premises or elsewhere at or on the Mortgaged Premises, 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.
under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements securing the Note, and all proceeds or sums payable for the loss of or damage to (i) the Mortgaged Premises or (ii) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or any part of the Mortgaged Premises; All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon or operation of the Mortgaged Premises; all furniture, furnishings, appliances and equipment and all other tangible Any and all accounts and other rights of Debtor to the payment for goods sold or leased or for services rendered whether or not earned by performance, contract rights, book debts, checks, notes, drafts, instruments, chattel paper, acceptances, and any and all amounts due to Debtor from a factor or other forms of obligations and receivables, now existing or hereafter arising out of the business of Debtor.
LEGAL DESCRIPTION-
MORTGAGED PREMISES
The North 171.00 feet, less the East 223.00 feet, of Block H, DUNEDIN ISLES ADDITION, as recorded in Plat Book 37, Pages 16 and 17, of the Public Records of Pinellas County, Florida.
The property aforesaid, together with all improvements, buildings, fixtures, tenements, hereditaments and appurtenances thereto belonging, or in anywise appertaining, is being sold to satisfy TD Bank's claims under said Judgment.
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.
NOTIFICATION
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 this 1st day of May, 2014.
JOHN M. BRENNAN
Florida Bar No.: 297951
Primary E-Mail Address:
[email protected]
Secondary E-Mail Address:
[email protected]
[email protected]
GrayRobinson, P.A.
301 East Pine Street, Suite 1400
Orlando, Florida 32802
Phone: (407) 843-8880
Fax: (407) 244-5690
Attorneys for Plaintiff,
TD BANK, N.A., as successor by merger to Mercantile Bank, a division of Carolina First Bank
May 9, 16, 2014 14-04403N