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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT
IN AND FOR POLK COUNTY, FLORIDA
CASE NO.: 2010-CA-2978
BRANCH BANKING AND TRUST COMPANY, a North Carolina corporation, Assignee of FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for COLONIAL BANK, f/k/a COLONIAL BANK, N.A.
Plaintiff, v.
SIEGFRIED K. HOLZ, M.D., P.A, et al.,
Defendants.
NOTICE is hereby given that pursuant to the Amended Final Judgment of Foreclosure as to Defendants, SIEGFRIED K. HOLZ, M.D., P.A. (“P.A.”), SIEGFRIED K. HOLZ (“S. Holz”) and LUCINDA M. HOLZ (“L. Holz”) (collectively, the “Defendants”), jointly and severally, entered in this cause on July 2, 2018, pending in the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida, Case No.: 2010-CA-2978, the Clerk of the Circuit Court will sell the real and personal property located in Polk County, Florida, as more particularly described in Exhibits “A,” “B,” and “C,” attached hereto and incorporated herein by reference, in accordance with section 45.031, Florida Statutes, at public sale to the highest bidder, or bidders, for cash, except as set forth hereinafter at 10:00 a.m. (EST), on the 7th day of August, 2018, in Polk County, Florida in accordance with Section 45.031, Florida Statutes, online at www.polk.realforeclose.com.
EXHIBIT A
A tract of land being a part of Lot l , Block 47-A, Revised Map of Southland Subdivision, as recorded in Plat Book 9, Page 4, of the public records of Hillsborough County, Florida, being more particularly described as follows:
For a point of reference commence at the intersection of the South right of way line of San Miguel Street with the Northwesterly right of way line of Henderson Boulevard, both as now established, said point being at right angle and 40 feet from the centerline of Henderson Boulevard; run thence with the Northwesterly right of way line of Henderson Boulevard, South 45 degrees 02 minutes 30 seconds West, 230.00 feet for a Point of Beginning; continue thence with said Northwesterly right of way line, South 45 degrees 02 minutes 30 seconds West, 70.00 feet; thence North 44 degrees 57 minutes 30 seconds West, 122.45 feet; thence North 45 degrees 02 minutes 30 seconds East, 177.37 feet to the Southerly right of way line of San Miguel Street; thence with said right of way line East 28.30 feet; thence South 45 degrees 02 minutes 30 seconds West, 57.00 feet; thence South 00 degrees 01 minutes 02 seconds West, 99.63 feet; thence South 44 degrees 57 minutes 20 seconds East, 32.00 feet to the Point of Beginning.
EXHIBIT B
Parcel I
Beginning at the Northwest comer of Lot 6, Block 1, of Skyland Heights, as recorded in Plat Book 20, Page 54, public records of Polk County, Florida, run thence S. 08 degrees 57 minutes 47 seconds East, along the West line of Lot 6, a distance of 25.0 feet to a point on the North lie of the South 1/2 of Lot 6, being the Point of Beginning; continue thence S. 08 degrees 57 minutes 47 seconds East a distance of 75.16 feet, run thence N. 83 degrees 19 minutes 51 seconds East, a distance of 53.29 feet, run thence S. 08 degrees 54 minutes 53 seconds East, a distance of 3.79 feet, run thence N. 83 degrees 03 minutes 48 seconds East, a distance of 12.00 feet, run thence N. 09 degrees 04 minutes 20 seconds West, a distance of 4.33 feet, run thence N. 82 degrees 17 minutes 05 seconds East, a distance of 4.21 feet, run thence N. 89 degrees 56 minutes 00 seconds East, a distance of 31.07 feet; run thence N. 08 degrees 57 minutes 47 seconds West, a distance of 66.40 feet, to the North line of the South 1/2 of said Lot 6, run thence S. 89 degrees 56 minutes 00 seconds West, along the North line a distance of 101.35 feet to the Point of Beginning.
Parcel II
The South 1/2 of Lot 6 and all of Lots 7 and 8, in Block 1, of Skyland Heights, as recorded in Plat Book 20, Page 54, in the public records of Polk County, Florida.
LESS AND EXCEPT
Beginning at the Northwest comer of Lot 6, Block l, of Skyland Heights, as recorded in Plat Book 20, Page 54, public records of Polk County, Florida, run thence S. 08 degrees 57 minutes 47 seconds East, along the West line of Lot 6, a distance of 25.0 feet to a point on the North lie of the South 1/2 of Lot 6, being the Point of Beginning; continue thence S. 08 degrees 57 minutes 47 seconds East a distance of 75.16 feet, run thence N. 83 degrees 19 minutes 51 seconds East, a distance of 53.29 feet, run thence S. 08 degrees 54 minutes 53 seconds East, a distance of 3.79 feet, run thence N. 83 degrees 03 minutes 48 seconds East, a distance of 12.00 feet, run thence N. 09 degrees 04 minutes 20 seconds West, a distance of 4.33 feet, run thence N. 82 degrees 17 minutes 05 seconds East, a distance of 4.21 feet, run thence N. 89 degrees 56 minutes 00 seconds East, a distance of 31.07 feet; run thence N. 08 degrees 57 minutes 47 seconds West, a distance of 66.40 feet, to the North line of the South 1/2 of said Lot 6, run thence S. 89 degrees 56 minutes 00 seconds West, along the North line a distance of 101.35 feet to the Point of Beginning.
AND LESS AND EXCEPT AND ALSO RESERVING the right to cross over and park on that portion of said South 1/2 of Lot 6 and all of said Lots 7 and 8 being described as all land lying Easterly of a line extending North 08 degrees 57 minutes 47 seconds West and South 08 degrees 57 minutes 47 seconds East from the following Point of Beginning; Commence at the Northwest comer of Lot 6, Block 1, of Sky land Heights, as recorded in Plat Book 20, Page 54 of the public records of Polk County, Florida; run thence S. 08 degrees 57 minutes 47 seconds East along the West line of Lot 6, a distance of 25.00 feet to a point on the North line of the South 1/2 of Lot 6; continue thence S. 08 degrees 57 minutes 47 seconds East, a distance of 75.16 feet; run thence N. 83 degrees 19 minutes 51 seconds East a distance of 53.29 feet; run thence S. 08 degrees 54 minutes 53 seconds East, a distance of 3.79 feet; run thence N. 83 degrees 03 minutes 48 seconds East, a distance of 12.00 feet; run thence N. 09 degrees 04 minutes 20 seconds West, a distance of 4.33 feet; run thence N. 82 degrees 17 minutes 05 seconds East, a distance of 4.21 foot, run thence N. 89 degrees 56 minutes 00 seconds East, a distance of 31.07 feet for the Point of Beginning.
EXHIBIT C
COLLATERAL DESCRIPTION
(1) Hitachi Airis 0.3T Open Permanent Magnet System, Serial No. A-255, including Fast Scanning Package, MR Angiography Package, Extra Large HS/MR Quad Flex Body Coil, Quad Cervical Spine Coil, Quad Pelvis Coil, Bilateral TMJ Coil, Music Interface, Merge File Server and Network Interface, 3M Dryview Laser Imager, Hitachi Airis 0.3T Open Permanent Magnet Upgrade (Airis to Airis II) for Hitachi Airis Open Permanent Magnet, Echo Planar Imaging & Diffusion-Weighted Imaging, and (1) FAT SEP (Fat/Water Separation) provided by Hitachi Medical Systems America, Inc.
(1) Refurbished 1997/97 GE Hispeed Advantage RP/2x High Resolution Whole Body Corrupted
Tomography Scanner including Spiral and Helical Scanning Technology, GE Hispeed X-ray Tube, 2X Series Software Upgrade, Operators Console, Patient Table, Hilight Solid State Detectors, Large 70 CM Gantry Aperture, 60 Second Helical, I Second Scan, Fast Cycle Reconstruction Processor, 3D Software, 36 kW Generator, Magnetic Disk Drive and Optical Disk Drive.
(1) Bennett X-Ray Medical System including X-Ray Tube, Collimator, Cables, Tube Stand, Table (4-way top with bucky and grid), Wall Stand with Bucky Grid, X-Ray Film Processor, Lead Apron, Lead Gloves, Safe Light, Film Bin, 2-Bank Illuminator, Cassettes, Accessories and Dark Room Equipment; (1) Hologic QDR 4500C Elite Fan Bean X-Ray Bone Densitometer, Serial No. 48525C, including QDR Operating Software, Hologic QDR Bone Mineral Spine Phantom and Operation Manual.
(1) Hitachi AIRIS II 0.3T Open Permanent magnet System including: Fast Scanning Package and MR Angiography, Extra Large HS/MR Quad Flex Body Coil, Quad Cervical Spine Coil, TMJ Coil, Dicom 3.0, Kodak DryView Laser-Single Input, Music Interface, Xp Computer Upgrade including Diffusion weighted imaging and Fat/Water Separation if and when available, HMSA will deinstall and reinstall existing MRP 5000 in Dr. Holz' Lakeland Site, $3,000.00 Marketing Allowance to customer when HMSA has been paid in full, Large HsfMR Quad Flex Body Coil, MRP-5000 Quad Knee Coil, Quad Cervical Spine Coil, TOGETHER WITH ALL PARTS, ACCESSORIES, ATTACHMENTS, ACCESSIONS, ADDITIONS, REPLACEMENTS, AND SUBSTITUTIONS INCORPORATED THEREIN OR AFFIXED OR ATTACHED THERETO AND ANY AND ALL PROCEEDS OF THE FOREGOING INCLUDING, WITHOUT LIMITATION, INSURANCE RECOVERIES.
(1) Hitachi Airis 0.3T Open Permanent Magnet System, Serial No. A-255, including Fast scanning Package, MR Angiography Package, Extra Large HS/MR Quad Flex Body Coil, Quad Cervical Spine Coil, Quad Pelvis Coil, Bilateral TMJ Coil, Music Interface, Merge File Server and Network Interface, 3M Dryview Laser Imager, Hitachi Airis 0.3T Open Permanent Magnet Upgrade (Airis to Airis II) for Hitachi Airis Open Permanent Magnet, Echo Planar Imaging & Diffusion-Weighted Imaging, and (1) FATSEP (Fat/Water Separation) provided by Hitachi Medical Systems America, Inc.
(1) Kodak DryView 8700 Laser Imager Plus, (1) X-Ray Medical System, (2) Six Bank Illuminator Unit; (1) Two Bank Illuminator Unit; (2) Single Bank Illuminator; (1) 24” X 16” Lead Glass and Frame; (1) Galen Base Station (Apple Power Macintosh G4 Series); (1) Multiple Galen Base Station; (3) DICOMlink Software for Galen; (2) 20” Color Monitors; (1) Software Support Contract - First System; (3) Software Support Contract - Additional System; Huff Construction Services leasehold improvements under the Sun City Center Contract including, but not limited to, plans, concrete, cabinets, framing, finish wood, roof, doors, door frames, hardware, glass, stucco, drywall, metal framing, acoustical ceiling, flooring, carpets, toilet accessories, RF shielding, plumbing, HV AC, electrical, ceramic tiles, lead drywall and lead X-ray window.
ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF THE LIS PENDENS MUST FILE A CLAIM WITHIN 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, 255 N. Broadway Avenue, Bartow, Florida 33830,(863) 534-4686, 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.
/s/ Jeffrey S. Elkins, Esq.
BRIAN M. JONES, Esquire
Florida Bar No. 714739
Primary e-mail: [email protected]
JEFFREY S. ELKINS, Esquire
Primary e-mail:
[email protected]
Secondary e-mail:
[email protected]
Florida Bar No. 0043775
SHUTTS & BOWEN LLP
300 South Orange Avenue, Suite 1600
Orlando, Florida 32801
Telephone: (407) 835-6805
Facsimile: (407) 849-7297
Attorneys for Plaintiff
July 13, 20, 2018 18-01231K