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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 17-CA-001818
Division: F
DTT ACQUISITION GROUP, LLC, a Florida limited liability company,
Plaintiff, vs.
FUEL INVESTMENTS & DEVELOPMENT, LLC, a Florida limited liability company; HERMES
CAPITAL, LLC, an Illinois limited liability company; NATIONWIDE LIFE INSURANCE COMPANY, an Ohio corporation; JOEL BREWER,
an individual; SHAUKA CHOWDHARI, an individual; ANTONINA CHOWDHARI, an
individual; THE CITY OF TAMPA, FLORIDA, a municipality; and STATE OF FLORIDA,
DEPARTMENT OF REVENUE
Defendants.
Notice is hereby given that pursuant to a Uniform Final Judgment of Foreclosure entered on May 24, 2017, in the above entitled cause in the Circuit Court of Hillsborough County, Florida, Pat Frank, Clerk of the Circuit Court will sell the property located in Hillsborough County, Florida described as:
SEE EXHIBIT “A”
EXHIBIT “A”
Parcel 1:
Lots 11 and 14, Block 103, Hendry & Knights Map of the Garrison, according to the map or plat thereof, as recorded in Plat Book 2, Page 73, of the Public Records of Hillsborough County, Florida.
AND
That part of Lot 10, Block 103, Hendry & Knights Map of the Garrison, according to the map or plat thereof, as recorded in Plat Book 2, Page 73, of the Public Records of Hillsborough County, Florida, described as follows: Beginning at the Southwest corner of said Lot 10, run thence North 21°02'42” West, 9.97 feet, along the Franklin Street boundary of said Lot 10, to the Southerly right-of-way line of the South Crosstown Expressway; thence North 70°50'37” East, 100.05 feet, along said Southerly right-of-way line (limited access), to the Easterly boundary of said Lot 10; thence South 21°02'42” East, 6.76 feet to the Southeast corner of the said Lot 10; thence South 69°00'18” West, 100 feet, along the Southerly boundary of said Lot 10, to the Point of Beginning.
Together with the West 1/2 of that certain alley vacated by Ordinance No. 2005-232, recorded in Official Records Book 15456, Page 574, amended by Ordinance No. 2005-290, recorded in Official Records Book 15683, Page 1032, of the Public Records of Hillsborough County, Florida, that is abutting on the East.
Parcel 2:
Lots 12, 13, 16 and the South 1.7 feet of Lot 9, Block 103, Hendry & Knights Map of the Garrison, according to the map or plat thereof, as recorded in Plat Book 2, Page 73, of the Public Records of Hillsborough County, Florida.
Together with the East 1/2 of that certain alley vacated by Ordinance No. 2005-232, recorded in Official Records Book 15456, Page 574, amended by Ordinance No. 2005-290, recorded in Official Records Book 15683, Page 1032, of the Public Records of Hillsborough County, Florida, that is abutting on the West.
Parcel 3:
The North 30 feet of Lot 15, Block 103, Hendry & Knights Map of the Garrison, according to the map or plat thereof, as recorded in Plat Book 2, Page 73, of the Public Records of Hillsborough County, Florida.
Together with the West 1/2 of that certain alley vacated by Ordinance No. 2005-232, recorded in Official Records Book 15456, Page 574, amended by Ordinance No. 2005-290, recorded in Official Records Book 15683, Page 1032, of the Public Records of Hillsborough County, Florida, that is abutting on the East.
Parcel 4:
The South 20 feet of Lot 15, and ALL of Lot 18, Block 103, Hendry & Knights Map of the Garrison, according to the map or plat thereof, as recorded in Plat Book 2, Page 73, of the Public Records of Hillsborough County, Florida.
Together with the West 1/2 of that certain alley vacated by Ordinance No. 2005-232, recorded in Official Records Book 15456, Page 574, amended by Ordinance No. 2005-290, recorded in Official Records Book 15683, Page 1032, of the Public Records of Hillsborough County, Florida, that is abutting on the East.
Parcel 5:
Lot 17, Block 103, Hendry & Knights Map of the Garrison, according to the map or plat thereof, as recorded in Plat Book 2, Page 73, of the Public Records of Hillsborough County, Florida.
Together with the East 1/2 of that certain alley vacated by Ordinance No. 2005-232, recorded in Official Records Book 15456, Page 574, amended by Ordinance No. 2005-290, recorded in Official Records Book 15683, Page 1032, of the Public Records of Hillsborough County, Florida, that is abutting on the West.
TOGETHER WITH ALL OF DEBTOR'S PRESENT AND FUTURE RIGHT, TITLE AND INTEREST IN AND TO ALL OF THE PROPERTY MORE PARTICULARLY DESCRIBED ON EXHIBIT “B” ATTACHED HERETO
EXHIBIT “B”
All of Debtor's present and future right, title and interest in and to all of the following:
(1) All of the following which are used now or in the future in connection with the ownership, management or operation of the real property described in Exhibit “A” and/or the improvements on such real property (the “Property”): machinery, equipment, engines, boilers, incinerators, installed building materials; systems and equipment for the purpose of supplying or distributing heating, cooling, electricity, gas, water, air, or light; antennas, cable, wiring and conduits used in connection with radio, television, security, fire prevention, or fire detection or otherwise used to carry electronic signals; telephone systems and equipment; elevators and related machinery and equipment; fire detection, prevention and extinguishing systems and apparatus; security and access control systems and apparatus; plumbing systems; water heaters, light fixtures, awnings, storm windows and storm doors; pictures, screens, blinds, shades, and wall coverings; fences, trees and plants; (any of the foregoing that arc so attached to the Property as to constitute fixtures under applicable law are referred to below as the “Fixtures”);
(2) All furniture, furnishings, equipment, machinery, building materials, appliances, goods, supplies, tools, books, records (whether in written or electronic form), computer equipment (hardware and software) and other tangible personal property (other than Fixtures) which are used now or in the future in connection with the ownership, management or operation of the Property or arc located on the Property, and any operating agreements relating to the Property, and any surveys, plans and specifications and contracts for architectural, engineering and construction services relating to the Property and all other intangible property and rights relating to the operation of, or used in connection with, the Property, including all governmental permits relating to any activities on the Property (the “Personalty”);
(3) All current and future rights, including air rights, development rights, zoning rights and other similar rights or interests, casements, tenements, rights-of-way, strips and gores of land, streets, alleys, roads, sewer rights, waters, watercourses, and appurtenances related to or benefiting the Property, and all rights-of-way, streets, alleys and roads which may have been or may in the future be vacated;
(4) All proceeds paid or to be paid by any insurer of the Property, the Fixtures, the Personalty or any other item listed in this Exhibit “B”;
(5) All awards, payments and other compensation made or to be made by any municipal, state or federal authority with respect to the Property, the Fixtures, the Personalty or any other item listed in this Exhibit “B”, including any awards or settlements resulting from condemnation proceedings or the total or partial taking of the Property, the Fixtures, the Personalty or any other item listed in this Exhibit “B” under the power of eminent domain or otherwise and including any conveyance in lieu thereof;
(6) All contracts, options and other agreements for the sale of the Property, the Fixtures, the Personalty or any other item listed in this Exhibit “B” entered into by Debtor now or in the future, including cash or securities deposited to secure performance by parties of their obligations;
(7) All present and future leases, subleases, licenses, concessions or grants or other possessory interests now or hereafter in force, whether oral or written, covering or affecting the Property, or any portion of the Property (including proprietary leases or occupancy agreements if Debtor is a cooperative housing corporation), and all modifications, extensions or renewals (the “Leases”);
(8) All earnings, royalties, accounts receivable (including accounts receivable for all rents, revenues and other income of the Property), issues and profits from the Property, or any other item listed in this Exhibit “B”, and all undisbursed proceeds of the loan secured by the security interests to which this financing statement relates and, if Debtor is a cooperative housing corporation, maintenance charges or assessments payable by shareholders or residents;
(9) An refunds (her than real property tax refunds applicable to periods before the real property tax year in which the loan secured by the security interests to which this financing statement relates was made) or rebates of (a) water and sewer charges, (b) premiums for fire and other hazard insurance, rent loss insurance and any other insurance required by Secured Party, (c) taxes, assessments, vault rentals, and (d) other charges or expenses required by Secured Party to protect the Property, to prevent the imposition of liens on the Property, or otherwise to protect Secured Party's interests (collectively, the “Impositions”) by any municipal, state or federal authority or insurance company;
(10) All tenant security deposits which have not been forfeited by any tenant under any Lease;
(11) All funds on deposit pursuant to any separate agreement between Debtor and Secured Party for the purpose of establishing replacement reserves for the Property, establishing a fund to assure the completion of repairs or improvements specified in that agreement, or assuring reduction of the outstanding principal balance of the Indebtedness if the occupancy of or income from the Property does not increase to a level specified in that agreement, or any other agreement or agreements between Borrower and Lender which provide for the establishment of any other fund, reserve or account;
(12) All names under or by which the Property or any part of it may be operated or known, and all trademarks, trade names, and goodwill relating to any of the Property or any part of it; and
(13) All proceeds from the conversion, voluntary or involuntary, of any of the above into cash or liquidated claims, and the right to collect such proceeds.
(14) All of Debtor's right, title and interest in and to all personal property used in connection with the Mortgaged Property.
at public sale, to the highest and best bidder for cash, at www.hillsborough.realforeclose.com, beginning at 10:00 a.m. on June 28, 2017.
In accordance with the Americans With Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact court Administration at telephone number (813) 276-8100, not later than seven (7) days prior to the proceeding. If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
Dated: June 2, 2017
For the Court:
Patrick M. Mosley, Esq.
Florida Bar No. 0033735
HILL, WARD & HENDERSON, P.A.
101 East Kennedy Boulevard,
Suite 3700
Tampa, Florida 33602
Telephone: (813) 221-3900
Facsimile: (813) 221-2900
E-Mail: [email protected]
Attorneys for Plaintiff, DTT
Acquisition Group, LLC
June 9, 16, 2017 17-02560H