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NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT
POLK COUNTY, FLORIDA
CIRCUIT CIVIL CASE NO.
53-2010CA-002251-0000-00
CHANDALAR, LLC
Plaintiff, v.
CREATIVE CHOICE HOMES XII, LTD, a Florida limited partnership; CREATIVE CHOICE HOMES, INC., a Florida corporation; CHADWELL SUPPLY, INC., a Florida corporation; HIGHLAND FLOOR COVERING, INC., a Florida corporation; JANE DOE AS UNKNOWN TENANT; JOHN DOE AS UNKNOWN TENANT; and ALL OTHER PARTIES CLAIMING BY,
THROUGH OR UNDER THE SAID DEFENDANTS,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order Granting Plaintiff's Motion to Cancel and Reschedule Foreclosure Sale For a Date on or After January 7, 2016, dated December 3, 2015, and the Agreed Final Judgment of Foreclosure dated December 9, 2013, (collectively, the “Orders”) and entered in Case No. 53-2010CA-002251-0000-00, of the Circuit Court for Polk County, Florida, Stacy M. Butterfield, CPA, the Clerk of the Circuit Court, will sell to the highest and best bidder for cash at public sale by an electronic online auction sale at http://www.polk.realforeclose.com, on January 11, 2016, at 10:00 a.m., the following described property as set forth in said Orders:
See attached Exhibit A
EXHIBIT A
The Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 36, Township 29 South, Range 27 East, said land lying and being in Polk County, Florida; LESS AND EXCEPT the 37 foot right-of-way for Burns Avenue.
Together with (a) all related easements, hereditaments, appurtenances, rights, licenses and privileges; (b) all buildings and improvements now or later situated under, upon or over any of the above described land; (c) all the rents, issues, profits, revenues, accounts and general intangibles arising from the above described land, or relating to any business conducted by the Borrower on it, under present or future leases, licenses or otherwise; (d) all machinery, equipment, goods, fixtures and articles of personal property of every kind and nature (other than Household Goods, as defined in the Uniform Commercial Code, unless such goods were purchased with the proceeds of any loan specifically referenced as being secured by the Mortgage), now or later located upon the above described land and useable in connection with any present or future operation on the land (individually and collectively the “equipment”) including, without limit, all lighting, heating, cooling, ventilating, air-conditioning, incinerating, refrigerating, plumbing, sprinkling, communicating and electrical systems, and all general intangibles, including without limit software, acquired or used in connection therewith. All equipment shall for the purposes of the Mortgage, unless Mortgagee shall otherwise elect, be deemed conclusively to be real estate and mortgage under the Mortgage; (e) all “as-extracted” collateral”; and (f) all awards or payments, and interest on them, made with respect to the Premises as a result of (i) any eminent domain proceeding, (ii) any street grade alteration, (iii) any loss of or damage to any building or other improvement, (iv) any other injury to or decrease in the value of the Premises, (v) any refund due on account of the payment of real estate taxes, assessments or other charges levied against the Premises or (vi) any refund of utility deposits or right to any tenant deposit.
**ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (60) DAYS AFTER THE SALE. **
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 Office of the Court Administrator, (863) 534-4690, within two (2) working days of your receipt of this (describe notice); if you are hearing or voice impaired, call TDD (863) 534-7777 or Florida Relay Service 711.
Dated: December 8, 2015
Respectfully submitted,
W. Keith Fendrick
W. Keith Fendrick, Esq.
Florida Bar No. 0612154
e-mail: [email protected]
HOLLAND & KNIGHT LLP
100 N. Tampa St., Suite 4100
Tampa, FL 33602
Phone: 813-227-8500
Fax: 813-229-0134
Counsel for Plaintiff
#38005205_v1
December 11, 18, 2015 15-01076K