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NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA
CIVIL DIVISION
Case No. 2019-CA-003895
CITY NATIONAL BANK OF FLORIDA,
Plaintiff, v.
TIGER WH LLC, a Florida limited liability company, TIGER PETROLEUM FL LLC, a Florida limited liability company, TIGER LOGISTICS LLC, a Florida limited liability company, FLORIDA PETROLEUM SERVICES, INC., a Florida corporation, HARRIS CULVERT INC., a Florida corporation, JUBILEE THREE SONS, LLC, a Florida limited liability company, 7 ELEVEN, INC., a Texas corporation, KENNETH WOOD, individually, and JUSTIN SAVERIN, individually,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Final Judgment of foreclosure dated September 14, 2020, and entered in Case No. 2019-CA-003895 of the Circuit Court of the TENTH Judicial Circuit in and for POLK COUNTY, Florida, wherein CITY NATIONAL BANK OF FLORIDA, is Plaintiff and TIGER WH LLC, a Florida limited liability company; TIGER PETROLEUM FL LLC, a Florida limited liability company; TIGER LOGISTICS LLC, a Florida limited liability company; FLORIDA PETROLEUM SERVICES, INC., a Florida corporation; HARRIS CULVERT INC., a Florida Corporation; JUBILEE THREE SONS, LLC, a Florida limited company, 7 ELEVEN, INC., a Texas corporation, KENNETH WOOD, individually; and JUSTIN SAVERIN, individually are Defendants. The Clerk will sell to the highest and best bidder for cash at a public sale, on November 13, 2020 beginning at 10:00 A.M. conducted electronically via https://www.polk. realforeclose.com/, after given notice as required by section 45.031 of Florida Statutes, the described property as set forth in said Final Judgment, to wit:
ALL OF BLOCK 1 (LOTS 1 THROUGH 13, INCLUSIVE) OF SOUTHHAVEN-UNIT 3, AS RECORDED IN PLAT BOOK 32, PAGE 19, PUBLIC RECORDS OF POLK COUNTY, FLORIDA; LESS ADDITIONAL ROAD RIGHT OF WAY ON THE NORTH FOR STATE ROAD 655 AND LESS ADDITIONAL ROAD RIGHT OF WAY ON THE EAST FOR U.S. HIGHWAY 17.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE WESTERLY MOST CORNER OF LOT 10, BLOCK 1, SOUTHAVENUNIT 3, AS RECORDED IN PLAT BOOK 32, PAGE 19, PUBLIC RECORDS OF POLK COUNTY, FLORIDA; THENCE RUN ALONG THE WESTERLY LINE OF SAID BLOCK 1 (ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF THE SEABOARD COASTLINE RAILROAD) THE FOLLOWING THREE COURSES: NORTH 45°08'10” EAST 75.73 FEET; THENCE NORTH 00°24'50” WEST 70.04 FEET; THENCE NORTH 45°08'10” EAST 104.56 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 655 AS ESTABLISHED ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 16030- 2544; THENCE ALONG SAID RIGHT OF WAY SOUTH 38°03'21” EAST 284.17 FEET TO THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 17, AS ESTABLISHED ON SAID RIGHT OF WAY MAP SECTION 16030-2544; THENCE SOUTH 04°02'51” WEST ALONG SAID RIGHT OF WAY 52.97 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY SOUTH 47°19'05” WEST 155.71 FEET TO THE SOUTH LINE OF AFORESAID BLOCK 1 AND THE NORTH RIGHT OF WAY LINE OF 1ST AVENUE; THENCE NORTH 44°51'57” WEST ALONG SAID LINE 261.05 FEET TO THE POINT OF BEGINNING.
(commonly known as 101 US Highway 17 South, Winter Haven, Florida) and certain personal property described as:
“Personal Property” shall mean the following, now owned or hereafter acquired by Mortgagor, and all accessories, attachments, additions, replacements, substitutes, products, proceeds, and accessions thereto or thereof: (i) all property, personal or otherwise, at any time attached to or incorporated into or used in or about the Land and/or Improvements, including, without limitation, all fixtures, building materials, inventory, furniture, appliances, furnishings, goods, equipment, crops now sown and/or growing in the future, and machinery and all other tangible personal property affixed, attached or related to such property or used in connection therewith; (ii) all accounts, deposit accounts, inventory, instruments, chattel paper, documents, consumer goods, insurance proceeds, surveys, plans and specifications, drawings, permits, licenses, warranties, guaranties, deposits, prepaid expenses, contract rights, and general intangibles now, or hereafter related to, any of the Land and/or Improvements; (iii) all Rents and Leases; (iv) all other income or revenues of any kind now or hereafter derived from the operation of the Land and/or the Improvements, including without limitation overnight or other room rental charges, service fees and charges, and other fees for the use of all or any portion of the Mortgaged Property or any facilities thereon, or services provided thereon or therein; (v) all general intangibles relating to the development or use of the Land and/or Improvements, including but not limited to all governmental permits, impact fees, concurrency reservation fees, plans and specifications, options, governmental approvals, permits, development rights, impact fee credits of any kind, water and sewer taps and sewer tap credits, concurrency determinations, certificates of concurrency, and capacity reservation fees and other exactions relating to development of or construction on the Land and all names under or by which the Land and/or Improvements may at any time be operated or known, all development rights which shall include but not be limited to the rights as the developer and declarant under any covenants and/or restrictions affecting the Land and all rights to carry on the business under any such names or any variant thereof, and all trademarks and goodwill in any way relating to the Land and/or Improvements; (vi) all water rights relating to the Land and/or Improvements that is owned by Mortgagor in common with others, and all documents of membership in any owners' or members' association or similar group having responsibility for managing or operating any part of the Land and/or Improvements; and (vii) all proceeds and claims arising on account of any damage to or taking of the Land and/or Improvements or any part thereof, and all causes of action and recovery for any loss or diminution in the value of the Land and/or Improvements and all rights of the Mortgagor under any policy or policies of insurance covering the Land and/or Improvements or any Rents relating to the Land and/or Improvements and all proceeds, loss payments and premium refunds which may become payable with respect to such insurance policies
Any person claiming interest in the surplus funds from the sale, if any, other than the property owner as of the date of the lis pendens must file a claim within sixty (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.
DATED on October 2, 2020
/s/ Lauren G. Raines
Lauren G. Raines, Esquire
Florida Bar No. 11896
Bradley Arant Boult Cummings LLP
100 N. Tampa Street, Suite 2200
Tampa, FL 33602
Phone: (813) 559-5500
Facsimile: (813) 229-5946
Primary email: [email protected]
Secondary email:
[email protected]
Counsel for Plaintiff
02537-13600 692808 v3
October 9, 16, 2020 20-01315K