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FIRST INSERTION
NOTICE OF SALE
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
Case No. 8:14-CV-00167-CEH-TGW
FIFTH THIRD BANK, an Ohio banking corporation, successor by merger to FIFTH THIRD BANK, a Michigan banking corporation,
Plaintiff, vs.
MHA 6401, LLC, a Florida limited liability company, et. al.,
Defendants.
Pursuant to that certain Order Granting Motion for Appointment of Special Master for Foreclosure Sale entered November 18, 2014 and Final Judgment of Foreclosure entered November 7, 2014, (the “Judgment”) the property described in Exhibit A attached hereto, shall be sold by Suzy Tate, Special Master, to the highest bidder at public sale on December 16, 2014 at 11:00 a.m. at the front steps of the Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa, FL 33602, although the Special Master may move the location of the sale to another location at the Sam M. Gibbons United States Courthouse by announcing a change at the commencement of the sale.
EXHIBIT A
ALL that certain piece, parcel or tract of land in which the Mortgagor has a fee simple interest situate in the County of Hillsborough State of Florida (hereinafter called the “Land”), and more particularly described in Exhibit “A” attached hereto and by this express reference incorporated herein;
TOGETHER WITH all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures, machinery, equipment, furniture and other personal property of every nature whatsoever now or hereafter owned by the Mortgagor and located in, on, or used or intended to be used in connection with or with the operation of the Land, buildings, structures or other improvements, betterments, and all renewals and replacements to any of the foregoing; and all of the right, title and interest of the Mortgagor in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim, together with the benefit of any deposits or payments now or hereafter made by the Mortgagor or on Mortgagor's behalf;
TOGETHER WITH all easements, rights of way, strips and gores of land, streets, ways, alleys, passages, sewer rights, rights, titles, interests, privileges, liberties, tenements, hereditaments, appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Mortgagor, and the reversion and reversions, remainder and remainders, rents, issues, profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law as well as in equity, of Mortgagor of, in and to the same, including but not limited to, all judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the Mortgaged Property or any part thereof under the power of eminent domain, the alteration of the grade of any street, or for any damage (whether caused by such taking or otherwise) to the Mortgaged Property or any part thereof, or to any rights appurtenant thereto, and all proceeds of any sales or other dispositions of the Mortgaged Property or any part thereof:
TOGETHER WITH all rents, royalties, issues, profits, revenue, income and other benefits from the Mortgaged Property to be applied against the indebtedness secured hereby, provided however, that permission is hereby given to Mortgagor so long as no default has occurred hereunder, to collect, receive, take, use and enjoy such rents, royalties, issues, profits, revenue, income, licenses, foreclosures, concessions and other benefits as they become due and payable, but not in advance thereof, The foregoing assignment shall be fully operative without any further action on the part or either party and Mortgagee shall be entitled, at its option, upon the occurrence of a default hereunder, to receive all rents, royalties, issues, profits, revenue, income and other benefits from the Mortgaged Property, whether or not Mortgagee takes possession of the Mortgaged Property. Upon any such notice of default hereunder, the permission hereby given by Mortgagee to Mortgagor to collect such rents, royalties, issues, profits, revenue, income and other benefits from the Mortgaged Property shall terminate, and such permission shall not be reinstated upon a cure of the default without Mortgagee's specific written consent. Mortgagee's exercise of any rights under this paragraph and the application of any such rents, royalties, issues, profits, revenue, income or other benefits to such indebtedness shall not cure or waive any default or notice of default hereunder, or invalidate any act done pursuant hereto, but shall be cumulative, and in addition to, all other rights and remedies available to Mortgagee;
TOGETHER WITH all right, title and interest of Mortgagor in and to any and all leases now or hereafter on or affecting the Mortgaged Property, together with all security therefor and all monies payable thereunder, subject, however, to the conditional permission hereinabove given by Mortgagee to Mortgagor to collect the rentals under such leases. The foregoing assignment of any lease shall not be deemed to impose upon Mortgagee any of the obligations or duties of Mortgagor as provided in any such lease, and Mortgagor agrees to fully perform all obligations of the lessor under all such leases. Upon Mortgagee's request. Mortgagor shall deliver to Mortgagee a list of all leases covered by the foregoing assignment and as any such lease shall expire or terminate, or as any new lease shall be made. Mortgagor shall so notify Mortgagee, so that Mortgagee at all times shall have a current list of all leases affecting the Mortgaged Property. Mortgagee shall have the right, at any time and from the time, to notify any lessee of the rights of Mortgagee as provided by this paragraph. From time to time, upon request of Mortgagee, Mortgagor shall specifically assign to Mortgagee, as additional security hereunder, by an assignment in writing in a form or forms approved by Mortgagee, all right, title and interest of Mortgagor in and to any and all leases now or hereafter on or affecting the Mortgaged Property, together with all security therefor and all monies payable- thereunder, subject to the conditional permission hereinabove given to Mortgagor to collect the rentals under any such [ease. Mortgagor shall also execute and deliver to Mortgagee any notification, financing statement, or other document reasonably required by Mortgagee to perfect the foregoing assignment as to any such lease;
This instrument constitutes an absolute and present assignment of the rents, royalties, issues, profits, revenue, income, and other benefits from the Mortgaged Property, subject, however, to the conditional permission given by Mortgagee to Mortgagor to collect, receive, take, use and enjoy the same as provided hereinabove; provided, further, that the existence or exercise of such right of Mortgagor shall not operate to subordinate this assignment to any subsequent assignment, in whole or in part, by Mortagor, and any such subsequent assignment by Mortgagor shall be subject to the rights of Mortgagee hereunder;
TOGETHER WITH a security interest in (i) all property, equipment and fixtures affixed to or located on the Mortgaged Property, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property; (ii) all articles of personal property and all materials delivered to the Mortgaged Property for the use and operation of Mortgaged Property or for use in any construction being conducted thereon, and owned by Mortgagor; (iii) and all contract rights, including construction contracts, service contracts, advertising contracts, purchase orders, equipment leases, all other contract rights associated with the Mortgaged Property, general intangibles, actions and rights of action, all deposits, prepaid expenses, permits, licenses, including all rights to insurance proceeds; (iv) all right, title and interest of the Mortgagor in all tradenames and trademarks hereinafter used in connection with the use of the Mortgaged Property; and, (v) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing. Mortgagor (Debtor) hereby grants to Mortgagee (Creditor) a security interest in all fixtures, rights in action and personal property described herein.
The land referred to herein below is situated in the County of Hillsborough, State of Florida, and is described as follows:
PARCEL 1
FROM THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 28 SOUTH, RANGE 17 EAST, HILLSBOROUGH COUNTY, FLORIDA; RUN THENCE NORTH 00 DEGREES 03124” WEST, A DISTANCE OF 52.60 FEET ALONG THE EAST BOUNDARY OF SAID SECTION 24; THENCE RUN NORTH 89 DEGREES 37158” WEST, DISTANCE OF 72.00 FEET, ALONG THE NORTH RIGHT-OF-WAY LINE OF WATERS AVENUE (STATE ROAD 584) TO THE POINT OF BEGINNING: THENCE CONTINUING NORTH SAID RIGHT-OF-WAY LINE, RUN NORTH 89 DEGREES 37158” WEST, ALONG SAID RIGHT-OF-WAY LINE OF WATERS AVENUE, A DISTANCE OF 294.88 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, RUN SOUTH 00 DEGREES 22102” WEST, A DISTANCE OF 5.00 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, RUN NORTH 89 DEGREES 37158” WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 106.90 FEET; THENCE RUN NORTH 00 DEGREES 03124” WEST, A DISTANCE OF 380.04 FEET; THENCE RUN NORTH 59 DEGREES 56'36” EAST, A DISTANCE OF 463.97 FEET; THENCE RUN SOUTH 00 DEGREES 03124” EAST, A DISTANCE OF 610.00 FEET, ALONG A LINE 72.00 FEET WEST AND PARALLEL TO THE EAST BOUNDARY OF SAID SECTION 24, TO THE POINT OF BEGINNING:
LESS THE FOLLOWING DESCRIBED LAND:
FROM THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 28 SOUTH, RANGE 17 EAST, HILLSBOROUGH COUNTY FLORIDA; RUN THENCE NORTH 00 DEGREES 03124” WEST, A DISTANCE OF 52.60 FEET ALONG THE EAST BOUNDARY OF SAID SECTION 24; THENCE RUN NORTH 89 DEGREES 37158” WEST, A DISTANCE OF 323.78 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF WATERS AVENUE (STATE ROAD 584) TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, RUN NORTH 89 DEGREES 3758” WEST, A DISTANCE OF 43.10 FEET; THENCE RUN SOUTH 00 DEGREES 22102” WEST, A DISTANCE OF 5.00 FEET; THENCE CONTINUING ALONG THE NORTH RIGHT-OF-WAY LINE RUN NORTH 89 DEGREES 37'58” WEST, A DISTANCE OF 106.90 FEET; THENCE RUN NORTH 00 DEGREES 03124” WEST, A DISTANCE OF 150.00 FEET, ALONG THE EAST RIGHT-OF-WAY LINE OF TWELVE OAKS BOULEVARD, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE PLAT OF CAMEO VILLAS, UNIT NO. 1, AS RECORDED IN PLAT BOOK 48, PAGE 87, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; THENCE RUN SOUTH 89 DEGREES 37'58” EAST, A DISTANCE OF 150.00 FEET; THENCE RUN SOUTH 00 DEGREES 03124” EAST, A DISTANCE OF 145.00 FEET TO THE POINT OF BEGINNING.
AND LESS THE FOLLOWING DESCRIBED LAND:
FROM THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 28 SOUTH, RANGE 17 EAST, HILLSBOROUGH COUNTY, FLORIDA; RUN THENCE NORTH 00 DEGREES 57'12” EAST, ALONG THE EAST BOUNDARY OF THE SOUTHEAST 1/4 OF SAID SECTION 24, A DISTANCE OF 52.60 FEET TO THE NORTH RIGHT-OF-WAY UNE OF WATERS AVENUE. (ESTATE PROJECT 1077-250); THENCE RUN NORTH 88 DEGREES 42'42” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 72.00 FEET, TO THE WEST BOUNDARY OF A DEEDED RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORD BOOK 2571, PAGE 669, ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88 DEGREES 42'42”, WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 251.23 FEET; THENCE RUN NORTH 00 DEGREES 55106” EAST, A DISTANCE OF 24.09 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CIRCULAR CURVE CONCAVE TO THE NORM; THENCE RUN ALONG SAID ARC OF SAID CURVE, HAVING A RADIUS OF 77,575.83 FEET, A CENTER ANGLE OF 00 DEGREES 1110811, AN ARC DISTANCE OF 251.24 FEET, A CHORD BEARING SOUTH 88 DEGREES 53126” EAST, A CHORD DISTANCE OF 251.24 FEET TO THE END OF SAID CURVE, ALSO BEING A POINT ON THE WEST BOUNDARY OF SAID DEEDED RIGHT-OF-WAY; THENCE RUN SOUTH 00 DEGREES 57112” WEST, ALONG SAID WEST BOUNDARY AND PARALLEL WITH SAID EAST BOUNDARY, SECTION 24, A DISTANCE OF 24.87 FEET, TO THE POINT OF BEGINNING.
ALSO LESS THE FOLLOWING DESCRIBED LAND:
FROM ME SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 28 SOUTH, RANGE 17 EAST, HILLSBOROUGH COUNTY, FLORIDA; RUN THENCE NORTH 00 DEGREES 03124” WEST, A DISTANCE OF 52.60 FEET ALONG THE EAST BOUNDARY OF SAID SECTION 24, TO THE OLD NORTH RIGHT-OF-WAY LINE OF WATERS AVENUE; THENCE RUN NORTH 89 DEGREES 37'58” WEST, ALONG SAID OLD NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 72.00 FEET; THENCE NORTH 00 DEGREES 03124” WEST, A DISTANCE OF 24.87 FEET, TO A POINT ON THE NEW NORTH RIGHT-OF-WAY LINE OF WATERS AVENUE AND THE POINT OF BEGINNING; THENCE ALONG THE NEW NORTH RIGHT-OF-WAY LONG, ALONG A NON-TANGENT CURVE, CONCAVE TO THE NORTH HAVING A RADIUS OF 77,758.83 FEET THROUGH A CENTER ANGLE OF 00 DEGREES 091531, A CHORD BEARING OF NORTH 89 DEGREES 49'06” WEST, AND A CHORD DISTANCE OF 222.84 FEET; THENCE RUN NORTH 02 DEGREES 10116” EAST, A DISTANCE OF 126.74 FEET THENCE RUN NORTH 20 DEGREES 00'32” EAST, A DISTANCE OF 49.77 FEET; THENCE RUN NORTH 00 DEGREES 0546” WEST, A DISTANCE OF 5.07 FEET; THENCE RUN NORTH 89 DEGREES 58141” EAST, A DISTANCE OF 200.84 FEET; THENCE RUN SOUTH 00 DEGREES 0324” EAST, A DISTANCE OF 179.27 FEET TO THE POINT OF BEGINNING.
PARCEL 2
TOGETHER WITH ALL THE EASEMENT RIGHTS AND BENEFITS AS SET FOR THAT CERTAIN MUTUAL EASEMENT FOR INGRESS AND EGRESS BY AND BETWEEN FRANK'S NURSERY & CRAFTS, INC. AND C. A. Y., OIL ENTERPRISES, INC. RECORDED SEPTEMBER 25, 1985, IN OFFICIAL RECORD BOOK 4646, PAGE 1322, OF THE PUBLIC RECORD OF HILLSBOROUGH COUNTY, FLORIDA.
ALSO DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 28 SOUTH, RANGE 17 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE RUN NORTH 00 DEGREES 0324” WEST, ALONG THE EAST BOUNDARY OF SAID SECTION 24, A DISTANCE OF 52.60 FEET TO THE OLD NORTH RIGHT-OF-WAY LINE OF WATERS AVENUE; THENCE RUN NORTH 89 DEGREES 37'58” WEST, ALONG SAID OLD NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 72.00 FEET; THENCE RUN NORTH 00 DEGREES 03124” WEST, A DISTANCE OF 204.14 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 89 DEGREES 58141” WEST, A DISTANCE OF 200.84 FEET; THENCE RUN SOUTH 00 DEGREES 05'46” EAST, A DISTANCE OF 5.07 FEET; THENCE RUN SOUTH 20 DEGREES 0032” WEST, A DISTANCE OF 49.77 FEET; THENCE RUN SOUTH 02 DEGREES 1016” WEST, A DISTANCE OF 126.74 FEET, TO A POINT ON THE NEW NORTH RIGHT-OF-WAY LINE OF WATERS AVENUE, SAID POINT ALSO BEING IN A CURVE HAVING A RADIUS OF 77,575.83 FEET, CONCAVE TO THE NORTH; THENCE RUN WESTERLY ALONG SAID NEW RIGHT-OF-WAY LINE AND WITH SAID CURVE A DISTANCE OF 28.98 FEET (CHORD BEARING AND DISTANCE OF NORTH 89 DEGREES 43'39” WEST: A DISTANCE OF 28.98 FEET); THENCE RUN NORTH 00 DEGREES 03'24” WEST, A DISTANCE OF 120.91 FEET; THENCE RUN NORTH 89 DEGREES 37'58” WEST, A DISTANCE OF 150.00 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF TWELVE OAKS BOULEVARD; THENCE RUN NORTH 00 DEGREES 03'24” WEST, WITH SAID EAST RIGHT-OF-WAY LINE, DISTANCE OF 230.04 FEET TO AN ANGLE POINT; THENCE RUN NORTH 59 DEGREES 5636” EAST WITH THE SOUTHEAST RIGHT-OF-WAY LINE OF TWELVE OAKS BOULEVARD, A DISTANCE OF 463.97 FEET; THENCE RUN SOUTH 00 DEGREES 0324” EAST, A DISTANCE OF 405.86 FEET, TO THE POINT OF BEGINNING.
*Mortgagor in this exhibit shall mean MHA 6401, LLC. Mortgagee in this exhibit shall mean Fifth Third Bank.
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.
Dated this 19th day of November, 2014.
Mark J. Wolfson, Esq.
Respectfully Submitted,
FOLEY & LARDNER LLP
100 North Tampa Street, Suite 2700
Tampa, FL 33602-5810
Telephone: (813) 229.2300
Facsimile: (813) 221.4210
Primary email: [email protected]
Secondary email: [email protected]
Attorneys for Plaintiff
Nov. 21, 28; Dec. 5, 12, 2014 14-08447H