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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-00139T-CEH-TGW
FIFTH THIRD BANK, an Ohio banking corporation, successor by merger to FIFTH THIRD BANK, a Michigan banking corporation,
Plaintiff, vs.
MHA 8680, LLC, a Florida limited liability company, MHA 1906 LLC, MHA 6401, LLC, INDEPENDENT BEAUTY AND BARBER SUPPLY, INC., MANHATTAN BEAUTY SCHOOL, INC., ROBERT E. VALDEZ, SR., ROBERT E. VALDEZ, JR., YVONNE VALDEZ, U.S. SMALL BUSINESS ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF REVENUE, XYZ CORPORATION, JOHN DOE AND JANE DOE,
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 1 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 1
The land referred to herein below is situated in the County of Pinellas, State of Florida, and is described as follows:
Parcel I:
A portion of Farm 46 lying in the Southwest 1/4 of Section 25, Township 30 South, Range 15 East, as shown by the plat of Pinellas Farms, recorded in Plat Book 7, Pages 4 and 5, public records of Hillsborough County, of which Pinellas County was formerly a part, said portion being more particularly described as follows:
Commence at the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of Section 25, Township 30 South, Range 15 East, and run South 00°16'57” West 55.00 feet along the West line of said Section 25 to a point of the southerly right-of-way line of Park Boulevard; thence run South 87°55'56” East along said right-of-way line 968.13 feet to the Point of Beginning; thence run South 00°28'14” West a distance of 500.00 feet; thence run South 87°55'56” East a distance of 130.00 feet; thence run North 00°28'14” East a distance of 500.00 feet; thence run North 87°55'56” West a distance of 130.00 feet to the Point of Beginning.
Parcel II:
Ten foot wide non-exclusive easement for sanitary sewer and subsurface utilities of which the Easterly 3' is to be utilized for drainage purposes, said easement being more particularly described as follows:
Commence at the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of Section 25, Township 30 South, Range 15 East and run South 00°16'57” West 55.00 feet along the West line of said Section 25 to a point on the southerly right-of-way line of Park Boulevard; thence run South 87°55'56” East along said right-of-way line 1098.13 feet; thence run South 00°28'14” West a distance of 500.00 feet to the Point of Beginning of 10.00 easement; thence continue South 00°28'14” West 317.87 feet to a point on the Northerly right of way line of Starkey Road (Park Street extension); thence by a non-tangent curve to the right having a radius of 1325.40 feet, a central angle of 00°26'17”, a chord bearing North 74°48'51” West 10.34 feet, run an arc distance of 10.34 feet; thence run North 00°28'14” East a distance of 315.52 feet to a point on a line 500.00 feet South of and parallel to the southerly right-of-way line of said Park Boulevard; thence along said parallel line run South 87°55'56” East a distance of 10.00 feet to the Point of Beginning.
All of the above lying and being in Pinellas County, Florida.
Together with all fixtures, machinery, equipment, and other articles of real, personal or mixed property attached to, situate or installed in or upon, or used in the operation or maintenance thereof, the real property commonly known as 8680 Park Boulevard, Seminole, Florida 33777, (the “Land”) and described above wherein the record owner is the Debtor, or any buildings or improvements situated thereon, whether or not such real, personal or mixed property is or shall be affixed to the Land: (ii) all building materials, building machinery and building equipment delivered on site to the Land during the course of, or in connection with, any construction, repair or renovation of the buildings and improvements situated or to be situated thereon (iii) all leases, licenses or occupancy agreements of all or any part of the Land and all extensions, renewals, and modifications thereof, and any options, rights of first refusal, or guarantees relating thereto; all rents, income, revenues, security deposits, issues, profits, awards and payments of any kind payable under the leases or otherwise arising from the Land; (iv) all contract rights, accounts receivable and general intangibles relating to the Land or the use, occupancy, maintenance, construction, repair or operation thereof; all management agreements, franchise agreements, utility agreements, and deposits; all maps, plans, surveys, and specifications; all warranties and guaranties; all permits, licenses and approvals; and all insurance policies; and (v) all proceeds of any of the above-described property, whether cash or non-cash, and including insurance proceeds and condemnation awards; and all replacements, substitutions and accessions thereof.
“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 19th day of November, 2014.
Respectfully Submitted,
Mark J. Wolfson, Esq.
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
4832-1367-9392.1
Nov. 21, 28; Dec. 5, 12, 2014 14-11272N