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NOTICE OF ACTION - PROPERTY
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA
GENERAL CIVIL DIVISION
CASE NO. 16-CA-002479
DIVISION: 07
LLOYDS BANK plc, f/k/a LLOYDS TSB BANK plc, a United Kingdom public limited company,
Plaintiff, vs.
ROBERT TULLY a/k/a ROY TULLY, UNKNOWN SPOUSE OF ROBERT TULLY a/k/a ROY TULLY, if any, HIGHLANDS RESERVE HOMEOWNERS ASSOCIATION, INC., a Florida
non-profit corporation, JOE G. TEDDER in his capacity as POLK COUNTY TAX COLLECTOR, and JOHN DOE AND JANE DOE AS UNKNOWN TENANTS,
Defendants.
TO: UNKNOWN SPOUSE OF ROBERT TULLY a/k/a ROY TULLY, if any,
YOU ARE NOTIFIED that an action to foreclose a mortgage and security interest on the following real property, and the personal property, intangibles and other collateral affixed to, associated with, or relating thereto, located in Polk County, Florida, described as:
Lot 1, Phase 4, HIGHLANDS RESERVE, PHASES 2 AND 4, according to the Plat thereof, as recorded in Plat Book 110, Pages 49 through 54, inclusive, of the Public Records of Polk County, Florida,
TOGETHER WITH all and singular the tenements, hereditaments, easements, appurtenances, passages, waters, water courses, riparian rights, other rights, liberties and privileges thereof or in any way now or hereafter appertaining, including, but not limited to, all right, title and interest of TULLY (the “Borrower”) in and to the land lying in the streets and roads in front of and adjoining or adjacent to said premises; any other claim at law or in equity as well as any after acquired, tilled, franchise or license and the reversion and reversions and remainder and remainders thereof;
TOGETHER with all buildings and improvements of every kind and description now or hereafter erected or placed thereon together with all rents, issues and profits which may arise or may be had from any portion of all of the premises, and all materials intended for construction, reconstruction, alteration and repairs of such improvements now or hereafter erected thereon, all of which materials shall be deemed to be included within the premises immediately upon the delivery thereof to the premises;
TOGETHER with all fixtures, chattels and articles of personal property now or hereafter owned by Borrower and attached to or used in connection with said premises, including but not limited to furnaces, boilers, oil burners, radiators and piping, coal stokers, plumbing and bathroom fixtures, refrigeration, air conditioning and sprinkler systems, washtubs, sinks, gas and electric fixtures, stoves, ranges, awnings, screens, window shades, elevators, motors, dynamos, refrigerators, kitchen cabinets, incinerators, plants and shrubbery and all other equipment and machinery, appliances, fittings and fixtures of every kind in or used in the operation of the buildings standing on said premises, together with any and all renewals and replacements thereof and additions thereto, whether or not the same are or shall be attached to said land or buildings in any manner, it being the intent that all of the aforesaid property owned by the Borrower and placed by him on the premises shall, so far as permitted by law, be deemed to be affixed to the realty and covered by the Mortgage;
TOGETHER with all awards heretofore and hereafter made to the Borrower for taking by eminent domain the whole or any part of said premises or any easement therein, including any awards for changes of grade of streets, which said awards are hereby assigned to the Plaintiff, who is hereby authorized to collect and receive the proceeds of such awards and to give property receipts and acquittances therefore, and to apply the same toward the payment of the mortgage debt;
and for other relief, has been filed against you and you are required to serve a copy of your written defenses, if any, to this action on the Plaintiff's attorney, whose name and address is JOHN N. MURATIDES, ESQUIRE, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Post Office Box 3299, Tampa, Florida 33601, Telephone: (813) 223-4800, within thirty (30) days after the first publication of this Notice of Action - Property, and to file the original with the Clerk of this Court either before service on Plaintiff's attorney or immediately thereafter; otherwise, a default will be entered against you for the relief demanded in the Complaint. Default Date: 3/11/17
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 February 2, 2017.
Stacy M. Butterfield,
Clerk of the Circuit Court, Polk County
By: Taylor Pittman
Clerk
THIS INSTRUMENT PREPARED BY:
JOHN N. MURATIDES, ESQ.
STEARNS WEAVER MILLER WEISSLER ALHADEFF
& SITTERSON, P.A.
Attorneys for Plaintiff
401 East Jackson Street,
Suite 2200 (33602)
Post Office Box 3299
Tampa, Florida 33601
Primary:
[email protected]
Secondary: [email protected]
Telephone: (813) 223-4800
Facsimile: (813) 222-5089
#5490725 v1
February 10, 17, 2017 17-00222K