-
-
Loading
Loading
NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF
THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR
HILLSBOROUGH COUNTY, FLORIDA
Case No.: 2019-CA-010938
IBERIABANK, a Louisiana
state-chartered bank,
Plaintiff, v.
MVR HOLDINGS REALTY, LLC, a Florida limited liability company; ALMOST HOME PET RESORT AND K-9 WORKS, LLC, a Florida
limited liability company; RACHEL ROSS, an individual; RACHEL ROSS, as personal representative of the estate of Mark V. Ross;
ELIZABETH P. HICKA, an individual; AQUA FINANCE, INC.,
a Wisconsin corporation,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure entered on March 23, 2020 and the Order Rescheduling Foreclosure Sale entered on August 13, 2020, in Case No. 2019-CA-010938, in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, that Pat Frank, Clerk of Court, will sell to the highest and best bidder for cash online at https://www. hillsborough.realforeclose.com on October 13, 2020 at the hour of 10:00 a.m. EDT, the property described as follows:
See Exhibit A attached hereto.
Exhibit A
The North ¼ of the Southeast ¼ of the Southeast ¼ of the Northeast ¼ of Section 19, Township 29 South, Range 21 East, LESS road right of way, lying and being in Hillsborough County, Florida.
(the “Land” or “Mortgaged Property”)
Together with:
I. All personal property rights of any kind whatsoever, whether tangible or intangible, described in that certain mortgage of even date herewith from the Debtor (as Mortgagor), as identified hereinabove, in favor of the Secured Party (as Mortgagee), as identified hereinabove, encumbering the Land, including, but not limited to, the following:
A. All buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all machinery, fixtures, attachments, appliances, equipment, furniture, vehicles and other personal property of every nature whatsoever now or hereafter owned by the MVR Holdings Realty, LLC (the “Debtor”) and located in, on, or used or intended to be used in connection with or with the use or operation of the Land, buildings, structures or other improvements, including all extensions, additions, improvements, betterments, renewals, and
replacements to any of the foregoing; and all of the right, title and interest of the Debtor in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by the Debtor or on its behalf.
B. All easements, rights of way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Debtor, and the reversion and reversions, remainder and remainders, rents, issues, profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law as well as in equity, of Debtor of, in and to the same, including, but not limited to all judgments, payments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the Mortgaged Property or any part thereof under the power of eminent domain, the alteration of the grade of any street, or for any damage (whether caused by such taking or otherwise), to the Mortgaged Property or any part thereof, or to any appurtenance thereto, and all proceeds of any sales or other dispositions of the Mortgaged Property or any part thereof.
C. Any monies escrowed for taxes, insurance or other charges in any way belonging, relating or appertaining to any of the property herein described or any part thereof.
D. All rents, royalties, issues, profits, revenue, income and other benefits from the Mortgaged Property.
E. All right, title and interest of Debtor in and to any and all leases, subleases, guaranties of leases and subleases, permits, licenses, public and/or private approvals, contracts, franchises or certificates covering the property or any portion thereof, now or hereafter on or affecting the Mortgaged Property, together with all security therefor and all monies payable thereunder, including, without limitation, all cash or security deposits, advance rentals, and deposits or payments of similar nature.
II. All (i) property, tools, furniture, fixtures, furnishings, vehicles, appliances, inventory equipment, machinery, goods and all other tangible personal property affixed to or located on the Mortgaged Property and owned by Debtor; (ii) articles of personal property and all materials delivered to the Land for the use and operation of any of the property herein described or for use in any construction being conducted thereon; (iii) contract rights, and benefits of Debtor relating to any of the property herein described, including, without limitation, agreements and contracts of sale, construction contracts, service contracts, advertising contracts, purchase orders, equipment leases, rights arising under any performance or payment bonds, and all other contract rights associated with the Land; (iv) all general intangibles, actions and rights of action; (v) deposits, prepaid expenses, permits, licenses, surveys, architectural and engineering plans, drawings and specifications; (vi) rights to insurance proceeds and prepaid insurance premiums, and the proceeds of any permanent loan commitment now existing or hereafter executed by Debtor; (vii) goods, instruments, documents, chattel paper, accounts, contract rights and general intangibles (as such terms are defined in the Uniform Commercial Code) now or hereafter located on, used in connection with, or the development or operation of, or arising from any use of or from any business operated on any of the property described herein; (viii) right, title and interest of the Debtor in all patents, service marks, copyrights, tradenames, designs and trademarks now or hereafter used in connection with, or in connection with the use of, any of the property described herein; and (ix) proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing.
III. All after-acquired personal property rights attached to or used in the operation of any property described herein or any part thereof.
IV. All accounts and accounts receivable as defined in the Uniform Commercial Code, as enacted in the State of Florida.
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 an accommodation 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 theRequest for Accommodations Formand submit to800 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.
Dated August 18, 2020.
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, PC
200 South Orange Avenue, Suite 2900
Post Office Box 1549
Orlando, Florida 32802-1549
(Telephone) 407-422-6600
COUNSEL FOR PLAINTIFF,
IBERIABANK
By: /s/ Zachary J. Bancroft
Zachary J. Bancroft
Florida Bar No. 0145068
[email protected]
[email protected]
[email protected]
4821-5774-9960
August 21, 28, 2020 20-02679H