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AMENDED NOTICE OF
FORECLOSURE SALE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
Case No.: 8:12-cv-00317-JDW-TGW
MFC REAL ESTATE LLC,
Plaintiff vs.
BLACK HORSE VENTURES LIMITED PARTNERSHIP, a Florida limited partnership; NICHOLAS FLASKAY, an individual; CHEVAL GOLF CLUB, LLC, a Florida limited liability company; CHEVAL PROPERTY OWNERS' ASSOCIATION, INC., a Florida non profit corporation; FLORIDA DEPARTMENT OF REVENUE; CHENEY BROS. INC., a Florida corporation; ALTO CONSTRUCTION CO., INC., a Florida corporation; LKJ MANAGEMENT SERVICES LLC, and ARC DEVELOPMENT, INC., a Florida corporation;
Pursuant to that certain Order Appointing a Special Master for Foreclosure Sale entered July 24, 2013 and Final Judgment of Foreclosure entered July 24, 2013 (Dkt. 91), as amended by this Court's Order dated December 30, 2013 and entered on December 31, 2013 (Dkt. 95) and this Court's Order dated and entered on August 17, 2015 (Dkt. 103), (collectively the “Judgment”), the property described in Exhibits A & B attached hereto, shall be sold by Suzy Tate, Special Master, to the highest bidder at public sale on November 13, 2015 at 10:00 a.m. at the front door 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”
EXHIBIT “A-1”
A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION 9, TOWNSHIP 27 SOUTH, RANGE 18 EAST, HILLSBOROUGH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 9, TOWNSHIP 27 SOUTH, RANGE 18 EAST; THENCE NORTH 00°36'16” EAST, ALONG THE EAST BOUNDARY OF SAID SECTION 9, A DISTANCE OF 1394.85 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 9 ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 89°22'13” WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 00°36'16” EAST PARALLEL WITH THE EAST BOUNDARY OF SAID SECTION 9, A DISTANCE OF 501.74 FEET; THENCE NORTH 89°56'03” WEST A DISTANCE OF 132.13 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF CHEVAL BOULEVARD PER PLAT BOOK 51, PAGE 59 IN THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; THENCE ALONG A CURVE TO THE RIGHT ALONG SAID RIGHT-OF-WAY LINE WITH AN ARC DISTANCE OF 540.70 FEET, HAVING A RADIUS OF 990.00 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 00°34'14” EAST, 534.01 FEET; THENCE SOUTH 89°56'03” EAST A DISTANCE OF 146.19 FEET; THENCE NORTH 00°36'18” EAST, ALONG THE EAST BOUNDARY OF SAID SECTION 9, 32.01 FEET TO THE POINT OF BEGINNING.
PARCEL “B”
A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 27 SOUTH, RANGE 18 EAST, HILLSBOROUGH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHERLY RIGHT OF WAY LINE OF CHEVAL BOULEVARD, SAID POINT BEING THE SOUTHEAST CORNER OF LOT 9, BLOCK 1, CHEVAL LAKE CLUB VILLAS, ACCORDING TO THE MAP OR PLAT AS RECORDED IN PLAT BOOK 70, PAGE 6, IN THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; THENCE ALONG SAID RIGHT OF WAY LINE ALONG A CURVE TO THE RIGHT WITH AN ARC DISTANCE OF 116.61 FEET HAVING A RADIUS OF 530.00 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 37°29'58” EAST, 116.09 FEET TO THE POINT OF BEGINNING; THENCE NORTH 58°37'31” EAST A DISTANCE OF 97.04 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE ALONG AN ARC DISTANCE OF 96.98 FEET, HAVING A RADIUS OF 278.00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 68°37'10” EAST, 96.49 FEET; THENCE NORTH 78°36'49” EAST, A DISTANCE OF 29.13 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE ALONG AN ARC DISTANCE OF 48.00 FEET, HAVING A RADIUS OF 47.00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 49°21'12” EAST, 45.94 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE RIGHT; THENCE ALONG AN ARC DISTANCE OF 77.07 FEET, HAVING A RADIUS OF 103.00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 41°31'43” EAST, 75.28 FEET; THENCE NORTH 62°57'51” EAST, A DISTANCE OF 13.63 FEET; THENCE NORTH 13°35'37” EAST, A DISTANCE OF 90.54 FEET; THENCE NORTH 09°50'05” EAST, A DISTANCE OF 186.07 FEET; THENCE NORTH 02°37'54” WEST A DISTANCE OF 112.34 FEET; THENCE NORTH 15°59'25” WEST, A DISTANCE OF 54.60 FEET; THENCE NORTH 74°00'35” EAST, A DISTANCE OF 276.28 FEET; THENCE SOUTH 15°59'25” EAST A DISTANCE OF 465.39 FEET; THENCE SOUTH 58°00'35” WEST A DISTANCE OF 732.93 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF CHEVAL BOULEVARD; THENCE ALONG SAID RIGHT OF WAY LINE NORTHWESTERLY, 149.12 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 470.00 FEET, A CHORD BEARING AND DISTANCE OF NORTH 37°34'04” WEST A DISTANCE OF 148.50 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE LEFT; THENCE ALONG SAID RIGHT-OF-WAY LINE ALONG AN ARC DISTANCE OF 25.29 FEET HAVING A RADIUS OF 530.00 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 29°50'43” WEST 25.28 FEET, TO THE POINT OF BEGINNING.
Exhibit “B”
(See attached Description)
EXHIBIT B
“Borrower” refers to Black Horse Ventures Limited Partnership.
“Secured Party” refers to MFC Real Estate, LLC.
“Property” refers to the real property described in Exhibit A.
“Improvements” refers to all buildings, structures and other improvements now or hereafter located on the Property or offsite in connection with any such property.
Fixtures. All Equipment now owned, or the ownership of which is hereafter acquired, by Borrower which is so related to the Land and Improvements forming part of the Property that it is deemed fixtures or real property under the law of the particular state in which the Equipment is located, including, without limitation, all building or construction materials intended for construction, reconstruction, alteration or repair of or installation on the property, construction equipment, appliances, machinery, plant equipment, fittings, apparatuses, fixtures and other items now or hereafter attached to, installed in or used in connection with (temporarily or permanently) any of the Improvements or the Land, including, but not limited to, engines, devices for the operation of pumps, pipes, plumbing, call and sprinkler systems, fire extinguishing apparatuses and equipment, heating, ventilating, incinerating, electrical, air conditioning and air cooling equipment and systems; gas and electric machinery, appurtenances and equipment, pollution control equipment, security systems, disposals, dishwashers, refrigerators and ranges, recreational equipment and facilities of all kinds, and water, gas, electrical, storm and sanitary sewer facilities, utility lines and equipment (whether owned individually or jointly with others, and, if owned jointly, to the extent of Borrower's interest therein) and all other utilities whether or not situated in easements, all water tanks, water supply, water power sites, fuel stations, fuel tanks, fuel supply, and all other structures, together with all accessions, appurtenances, additions, replacements, betterments and substitutions for any of the foregoing and the proceeds thereof (collectively, the “Fixtures”);
Equipment. All “equipment,” as such term is defined in Article 9 of the Uniform Commercial Code (as hereinafter defined), now owned or hereafter acquired by Borrower, which is used at or in connection with the Improvements or the Land or is located thereon or therein (including, but not limited to, all machinery, equipment, furnishings, and electronic data processing and other office equipment now owned or hereafter acquired by Borrower and any and all additions, substitutions and replacements of any of the foregoing), together with all attachments, components, parts, equipment and accessories installed thereon or affixed thereto (collectively, the “Equipment”). Notwithstanding the foregoing, Equipment shall not include any property belonging to contractors or subcontractors except to the extent that Borrower shall have any right or interest therein; and
Personal Property. All furniture, furnishings, objects of art, machinery, goods, tools, supplies, appliances, general intangibles, contract rights, accounts, accounts receivable, franchises, licenses, certificates and permits, and all other personal property of any kind or character whatsoever as defined in and subject to the provisions of the Uniform Commercial Code (as hereinafter defined), whether tangible or intangible, other than Fixtures, which are now or hereafter owed by Borrower and which are located within or about the Land and the Improvements, together with all accessories, replacements and substitutions thereto or therefor and the proceeds thereof (collectively, the “Personal Property”), and the right, title, and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the “Uniform Commercial Code”), superior in lien to the lien of this Mortgage and all proceeds and products of the above.
If you are a person with a disability who needs an accomodation in order to access court facilities or participate in a court proceeding, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation, please contact Court Administration at least 7 days before your scheduled court appearance, or immediately upon receiving a notification of a scheduled court proceeding if the time before the scheduled appearance is less than 7 days. Complete the Request for Accommodations Form and submit to 800 E. Twiggs Street, Room 604, Tampa, FL 33602. ADA Coordination Help Line (813)272-7040; Hearing Impaired Line 1-800-955-8771; Voice Impaired Line 1-800-955-8770.
Respectfully Submitted,
Suzy Tate, Esq. Special Master
Suzy Tate, P.A.
14502 N. Dale Mabry Hwy, Ste 200
Tampa, FL 33618
([email protected])
671551
Oct. 16, 23, 30; Nov. 6, 2015 15-06299H