NOTICE OF FORECLOSURE SALE CONDUCTED BY SPECIAL MASTER IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO.: 23-CA-011608
G1G2, LLC, a Georgia limited liability company,
CHANNELSIDE SELF STORAGE, LLC, a Florida limited liability company; MITCHELL F. COOKE, an individual; TYLER F. COOKE, an individual; WILLIAM OKVIST, an individual; MITCHELL F. COOKE and WILLIAM OKVIST, as CO-TRUSTEES of the MITCHELL F. COOKE FAMILY TRUST II; TYLER F. COOKE and JEFFREY MOTLEY, JR., as CO-TRUSTEES of the
TYLER F. COOKE FAMILY TRUST; and UNKNOWN TENANT(S), Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Summary Final Judgment of Foreclosure (the “Judgment”), dated October 26, 2023, issued in that certain action styled G1G2, LLC, a Georgia limited liability company, v. CHANNELSIDE SELF STORAGE, LLC, a Florida limited liability company; MITCHELL F. COOKE, an individual; TYLER F. COOKE, an individual; WILLIAM OKVIST, an individual; MITCHELL F. COOKE and WILLIAM OKVIST, as CO-TRUSTEES of the MITCHELL F. COOKE FAMILY TRUST II; TYLER F. COOKE and JEFFREY MOTLEY, JR., as CO-TRUSTEES of the TYLER F. COOKE FAMILY TRUST; and UNKNOWN TENANT(S), Case No. 23CA-011608 (the “Case”), pending in the Circuit Court in and for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, where G1G2, LLC, a Georgia limited liability company (“Plaintiff” or “G1G2” or “Lender”) is the Plaintiff, where CHANNELSIDE SELF STORAGE, LLC, a Florida limited liability company (“Channelside”); MITCHELL F. COOKE, an individual
(“M. Cooke”); TYLER F. COOKE, an individual (“T. Cooke”); WILLIAM OKVIST, an individual (“Okvist”); MITCHELL F. COOKE and WILLIAM OKVIST, as CO-TRUSTEES of the MITCHELL F. COOKE FAMILY TRUST II (the “Mitchell Trust”); and TYLER F. COOKE and JEFFREY MOTLEY, JR., as CO-TRUSTEES of the TYLER F. COOKE FAMILY TRUST (“Tyler Trust”, and collectively with M. Cooke, T. Cooke, Okvist, and the Mitchell Trust, “Guarantors”, and the Guarantors, collectively with Channelside, “Defendants”) are the Defendants, where Jon Barber, of Soldnow, LLC d/b/a Tranzon Driggers was appointed as Special Master pursuant to the Judgment, to sell by public auction on December 20, 2023, at 11:00 a.m. (the “Sale”) to the highest bidder for cash at Bush Ross, P.A., 1801 N. Highland Avenue, Tampa, Florida 33601, and pursuant to the Judgment and the provisions of sections 45.031, Florida Statutes, the following described real property situate and being in Hillsborough County, Florida (collectively, the “Property”), to-wit:
Lots 12, 13, 14 and 15, Block 12, INTER-STATE INVESTMENT CO’S PLAT NO. 4, according to plat thereof as recorded in Plat Book 12, Page 52, of the Public Records of Hillsborough County, Florida. and
That part of the West 1/2 of Lot 16, Block 12, INTER-STATE INVESTMENT CO’S PLAT NO. 4 according to the map or plat thereof as recorded in Plat Book 12, Page 52, of the Public Records of Hillsborough County, Florida, being more particularly described as follows:
BEGIN at the Northwest corner of said Lot 16; thence on the North boundary of said Lot 16, North 88 degrees 30 minutes 10 seconds East, a distance of 13.01 feet to a point on the centerline of said Lot 16; thence on said centerline, South 03 degrees 47 minutes 32 seconds East, a distance of 249.54 feet to a point on the Easterly extension of the South boundary of Lot 12 of said Block 12; thence on said Easterly extension, South 88 degrees 49 minutes 54 seconds West, a distance of 13.01 feet to the Southeast corner of said Lot 12; thence on the West boundary of said Lot 16, North 03 degrees 47 minutes 32 seconds West, a distance of 249.47 feet to the POINT OF BEGINNING. and
That part of the East 1/2 of Lot 16, Block 12, INTER-STATE INVESTMENT CO’S PLAT NO 4. according to the map or plat thereof as recorded in Plat Book 12, Page 52, of the Public Records of Hillsborough County, Florida, being more particularly described as follows:
BEGIN at the Northeast corner of said Lot 16; thence on the East boundary of said Lot 16, South 03 degrees 43 minutes 09 seconds East, a distance of 99.99 feet to the Southwest corner of Lot 1 of said Block 12; thence on the Westerly extension of the South boundary of said Lot I, South 88 degrees 55 minutes 37 seconds West, a distance of 12.99 feet to a point on the centerline of said Lot 16; thence on said centerline. North 03 degrees 47 minutes 32 seconds West, a distance of 99.90 feet to a point on the North boundary of said Lot 16; thence on said North boundary North 88 degrees 30 minutes 10 seconds East, a distance of 13.12 feet to the POINT OF BEGINNING.
Said Sale will be made pursuant to an order to satisfy the terms of said Judgment.
The Sale will also be posted on www. tranzon.com/DG1378 (website). On the date of the Sale, bids may be submitted at Bush Ross, P.A., 1801 North Highland Avenue, Tampa, FL 33601 or accepted via telephone and/or electronically by a designated agent at the Sale.
Pursuant to the Judgment, Plaintiff shall be entitled to credit bid up to the amount of the Judgment, plus interest, any additional expenses incurred by Plaintiff after the entry of the Judgment and any additional attorney fees and costs filed by affidavit prior to the Sale.
All third party bidders shall be required to present to the Special Master a certified check, in the amount of $250,000.00, payable to Bush Ross, P.A., as the deposit amount to qualify and participate in bidding at the foreclosure auction sale (the “Bid Deposit”). To the extent that the Lender elects to participate in the foreclosure auction sale, the Lender shall not be required to pay a Bid Deposit.
A reserve or minimum bid price for the sale shall be $6,000,000.00. The Special Master is appointed to maximize the sale price of the Property and is imbued with the discretion to determine if the auction sale will result in a bid that fairly represents the value of the Property. In exercising this discretion, the Special Master may postpone the sale at any time up until the selection of a successful winning bidder of the auction sale. Should the Special Master elect to postpone the sale after it is published, the reserve price may be lowered or eliminated by agreement of Plaintiff and Special Master, and the Special Master may reset the sale without further order of the Court, provided that the subsequent sale date is at least twenty-one (21) days from the date of the postponement and that the Special Master gives notice of the new sale date pursuant to section 45.031(2), Florida Statutes.
Any successful third-party bidder (the “Winning Bidder”) at the foreclosure auction sale shall present to the Special Master proof of payment of the Bid Deposit. The Special Master shall present the Certificate of Sale to the Clerk, and the Clerk shall file and date stamp the Certificate of Sale. The Bid Deposit shall be applied to the sale price at the time of payment. The objection period for the sale shall end fourteen (14) days after the Certificate of Sale is filed or after the tender of the balance of the sale price to Bush Ross by the Winning Bidder, whichever occurs later. The balance of the sale price shall be paid to by the Winning Bidder within twenty-one (21) days of the sale, via certified check made payable to Bush Ross. If the balance is not paid within twenty-one (21) days of the sale, the Winning Bidder forfeits the Bid Deposit, and the original sale shall be deemed void. Without further order of the Court, the Special Master may conduct a subsequent sale, re-advertising the sale as provided in section 45.031(2), Florida Statutes, and paying all costs of the subsequent sale from the Bid Deposit, without further application to or approval by the Court. Any remaining funds from the Bid Deposit shall be applied toward the judgment. Upon the issuance of the certificate of title to the successful bidder, any Bid Deposit shall be refunded by Bush Ross to any unsuccessful bidder.
In addition to the balance of the sale price, the Winning Bidder shall also pay to the Special Master by certified check within twenty-one (21) days of the sale: a ten percent (10%) buyer’s premium (the “Premium”) on the purchase price, which shall be allocated with (i) eight percent (8%) to Tranzon Driggers for its sale commission and (ii) two percent (2%) to a broker representing the Winning Bidder or to Plaintiff if the Winning Bidder is not represented by a broker. If the Lender is the successful bidder, the Lender shall not be required to pay the Premium and shall instead pay a sale fee of $50,000.00 (the “Sale Fee”) to the Special Master. The Certificate of Title shall not be issued until the Premium or the Sale Fee, as applicable, is paid in full. Plaintiff shall advance all subsequent required costs of this action. Except for the fee of the Clerk as provided in section 45.035, Florida Statutes, publishing costs supported by an affidavit, reimbursement, or credit for such costs shall be by court order based upon a written motion and adjudication at a hearing with notice. If a third party bidder is the Winning Bidder, the third party Winning Bidder must pay the documentary stamps attached to the certificate of title in addition to the bid amount.
Before being permitted to bid at the Sale, all third-party bidders shall (i) present proof to the Master that they are able to comply with the bid deposit requirement, or otherwise shall not be allowed to bid, and (ii) acknowledge and agree to provide Master any documents required of Plaintiff for Plaintiff to comply with certain regulatory requirements that may include, but are not necessarily limited to: Executive Order No. 13224, effective September 24, 2001, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56, the laws comprising or implementing the Bank Secrecy Act, the Foreign Corrupt Practices Act, as jointly enforced by the United States Justice Department and the Securities and Exchange Commission, and the laws administered by the United States Treasury Department’s Office of Foreign Assets Control (as any of the foregoing orders or laws may from time to time be amended, renewed, extended, or replaced). No bid deposit shall be required of the Plaintiff, except to the extent that its bid exceeds the total amount of the payoff, plus interest, additional expenses and any additional attorney fees and costs incurred by Plaintiff after entry of the Judgment entered in the Case. Should the highest bidder at the Sale fail to tender the full bid amount plus the Expenses in a timely manner, their deposit shall be forfeited and applied to the balance due and owing under the Judgment, and the Property shall be sold to the next highest bidder timely tendering said next highest bidder’s full bid amount, plus the Expenses upon notification of same to the next highest bidder, without the necessity of any further sale or advertising, or Plaintiff may, upon a motion be entitled to have the Sale of the Property set aside and deemed void and the Sale may be rescheduled pursuant to the terms of the Judgment. The purchaser at the Sale shall pay for and be responsible for affixing to the Special Master’s Deed any recording fees and documentary stamps or taxes imposed upon the recordation of the Special Master’s Deed plus any closing costs or taxes due and owing on the Property in accordance with any state, county, or local laws.
The sale shall be subject to confirmation by order of the Court as further provided in the Judgment.
NOTICE PROVIDED PURSUANT TO AMENDMENT §45.031, FLORIDA STATUTES (2013):
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN SIXTY (60) DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF COURT LISTED BELOW WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
Dated: November 27, 2023
/s/ Kathleen L. DiSanto
Kathleen L. DiSanto email@example.com
Florida Bar No. 58512
BUSH ROSS, P.A.
1801 N. Highland Ave.
Tampa, FL 33601-3913
(813) 224-9255 (telephone)
(813) 223-9620 (facsimile)
Attorneys for Plaintiff, G1G2, LLC December 1, 8, 2023 23-03622H
Observer Media Group