-
-
Loading
Loading
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 20-CA-006704
Division: C
RH FL 4, LLC, an Oregon limited liability company,
Plaintiff, vs.
CAR COLLECTION OF TAMPA, INC., a Florida corporation; SILVIO LOUIS LLOVIO, an individual; DIANA V. LLOVIO, an individual;
UNITED STATES OF AMERICA; JANE/JOHN DOE #1, fictitious names representing unknown
tenants in possession of 6857 North Dale Mabry Highway, Tampa, Florida; JANE/JOHN DOE #2,
fictitious names representing unknown tenants in possession of 6822 N. Sterling Avenue, Tampa,
Florida; JANE/JOHN DOE #3, fictitious names representing unknown tenants in possession of 6824 N. Sterling Avenue, Tampa, Florida; JANE/JOHN DOE #4, fictitious names representing unknown tenants in possession of 3710 W. Sligh Avenue, Tampa, Florida; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT
TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED,
Defendants.
NOTICE is hereby given that, pursuant to the Uniform Final Judgment of Foreclosure entered on February 26, 2021 in the above-referenced matter pending in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, the Clerk of this Court will sell the following described property situated in Hillsborough County, Florida:
Lot 1 through 6, inclusive and Lots 47 through 52, inclusive, all in Block 9, of Lake View Park Subdivision, according to the plat thereof, as recorded in Plat Book 12, Page 31, Public Records of Hillsborough County, Florida; Less right-of-way for Dale Mabry Highway (State Road 587).
Together with the following Property:
All of Debtor's right, title and interest in the foregoing Realty and the following property which is located upon, used in connection with, or otherwise belonging to Debtor, or relating to the Realty described above:
(A) Appurtenances. The benefit of all easements, privileges, hereditaments and other rights of any nature whatsoever, if any, appurtenant to the Realty or the
Improvements, or both, the benefit of all rights-of-way, strips and gores of land, streets, alleys, passages, drainage rights, sewer rights, rights of ingress and egress to the Realty and all adjoining property, and any improvements now or hereafter located thereon, water rights and powers, oil, gas, mineral and riparian rights, whether now existing or hereafter arising, together with the reversion or reversions, remainder or remainders, rents, issues, incomes and profits of any of the foregoing (the “Appurtenances”).
(B) Improvements. All buildings, structures, betterments and other improvements of any nature, now or hereafter situated in whole or in part upon the Realty or the Appurtenances, regardless of whether physically affixed thereto or severed or capable of severance therefrom (the “Improvements”).
(C) Tangible Property. All of Debtor's right, title and interest, if any, in and to all fixtures, equipment and tangible personal property of any nature whatsoever that is now or hereafter (i) attached or affixed to the Realty or the Improvements, or both, or (ii) situated upon or about the Realty or the Improvements, or both, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (iii) regardless of where situated, if used, usable or
intended to be used in connection with any present or future use or operation of or upon the Realty. The foregoing includes: all inventory, vehicles now owned or hereafter acquired, all heating, air conditioning, lighting, incinerating and power equipment, all engines, compressors, pipes, pumps, tanks, motors, conduits, wiring, and switchboards; all plumbing, lifting, cleaning, fire prevention, fire
extinguishing, refrigerating, ventilating, and communication apparatus; all boilers, furnaces, oil burners, vacuum cleaning systems, elevators and escalators, all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets, and partitions: all rugs, draperies and carpets; al1 laundry equipment; all building materials, all furniture, furnishings, office equipment; and office supplies; and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing. The items of property encumbered by this paragraph are jointly and severa11y called the “Tangible Property” in this Financing Statement.
(D) Rents and Incomes. All rents, issues, incomes and profits in any manner arising from the Realty, Improvements or Tangible Property, or any combination, including Debtor's interest in and to all leases, licenses, franchises and concessions of or relating to all or any portion of the Realty. Improvements or Tangible Property, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations; but reserving to Debtor in the manner provided by this Financing Statement or the Mortgage the right to collect and retain all such rents, issues, incomes and profits until Debtor's default under the Mortgage. The items of property encumbered by this subparagraph are jointly and severally called the “Rents” in this Financing Statement.
(E) Secondary Financing. All of Debtor's right, power and privilege to further encumber (except in favor of the Secured Party) any of the Realty described in this paragraph for debt, it being intended by this provision to divest Debtor of the power to encumber or to grant a security interest to any person or entity except Secured Party in any of the Realty as security for the performance of an obligation.
(F) Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the Realty into cash or other liquidated claims, or that are otherwise payable for injury to or the taking or requisitioning of any such Realty, including all insurance and condemnation proceeds as provided in this Financing Statement or the Mortgage.
(G) Contract Rights and Accounts. All of Debtor's right, title and interest in and to Synovus Bank Savings Accounts owned by Debtor, and any and all contracts, written or oral, express or implied, now existing or hereafter entered into or arising, in any matter related to the improvement, use, operation, sale, conversion or other disposition of any interest in the Realty, Appurtenances, Improvements, Tangible Property or the Rents, or any combination, including any and all deposits, prepaid items, and payments due and to become due thereunder; and including all maintenance contracts, construction contracts, service contracts, purchase orders and equipment leases entered into between Debtor and any third parties and including any written or oral agreement or agreements, now existing or hereafter entered into between Debtor and any other person or entity pertaining or relating to the purchase of all or any of the Realty; but reserving to Debtor the use and benefit of all such contracts, deposits, prepaid items, payments and proceeds unless and until Debtor defaults under this Financing Statement or the Mortgage. Notwithstanding the foregoing, Secured Party will not be bound by any of Debtor's obligations under any of the foregoing contracts unless and until Secured Party elects to assume them in writing.
(H) Name. All right, title and interest of Debtor in and to all trade names now or hereafter used in connection with the operation of the Realty and Improvements.
(I) Other Intangibles. All contract rights, goods, inventory, comm1ss1ons, money, documents, instruments, chattel paper, accounts, and general intangibles, as such terms from time to time are defined in the Florida Uniform Commercial Code, in any manner related to the use, operation, sale, conversion or other disposition (voluntary or involuntary) of the Realty, Appurtenances, Improvements, Tangible Property or Rents, including all permits, licenses, insurance policies, rights of action and other chooses in action and further including all rights to funds of Debtor on deposit with Secured Party. The portion of the property encumbered by this Financing Statement or the Mortgage that from time to time consists of intangible personal property, except for the Rents, is
sometimes called the “1ntangib1e Col1ateral” in this Financing Statement or the Mortgage.
(K) All other estates, easements, interests, rights and titles which Debtor now has, or at any time hereafter acquires, in and to the Realty, the Improvements, the Personal Property, and all property which is used or useful in connection therewith, including without limitation (i) all proceeds payable in lieu of or as compensation for loss or damage to any of the foregoing; (ii) all awards for a taking or for degradation of value in any eminent domain proceeding involving any of the foregoing; and (iii) the proceeds of any and all insurance (including without limitation, title insurance) covering the Realty, the Improvements, the Personal Property, and any of the foregoing; and
(L) To the extent not already inc1uded in the foregoing, all contract rights, construction contracts, architect's contracts, engineering contracts, rights under developer's agreements and DRIs, and other similar development rights acquired by Debtor in respect of the Realty constituting personal property collateral.
For Informational Purposes Only:
Property Address: 6857 North Dale Mabry Highway, Tampa, FL 33614
at public sale, to the highest and best bidder, for cash, on May 25, 2021, beginning at 10:00 a.m., via the internet at www.hillsborough.realforeclose.com.
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.
AMERICANS WITH DISABILITIES ACT. 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 Court's ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs St., Room 604, Tampa, Florida 33602, (813) 272-7040, 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/ Lara Roeske Fernandez
LARA ROESKE FERNANDEZ
Florida Bar No.: 0088500
[email protected]
TRENAM, KEMKER, SCHARF,
BARKIN, FRYE, O'NEILL
& MULLIS, P.A.
101 East Kennedy Boulevard,
Suite 2700
Tampa, Florida 33602
Tel: (813) 223-7474 |
Fax: (813) 229-6553
Attorneys for RH FL 4, LLC
May 7, 14, 2021 21-01389H