14-04719P
CLERK’S NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PASCO COUNTY, FLORIDA
CASE NO.: 51-2009-CA-004005-ES
AmT CADC VENTURE, LLC, a
Delaware limited liability company, formerly known as AmTrust CADC VENTURE, LLC, a Delaware limited liability company,
Plaintiff, vs.
COUNTRY WALK DEVELOPERS, LLC, a Florida limited liability company; COUNTRY WALK SALES, LLC, a Florida limited liability company; RICHARD A. PUZZITIELLO, SR.; GEOFFREY C. WEBER, AS CO-TRUSTEE OF THE COUNTRY WALK TRUST U/A/D MARCH 1, 2006; ANDREW J. LYNN, AS CO-TRUSTEE OF THE COUNTRY WALK TRUST U/A/D MARCH 1, 2006; COUNTRY
WALK HOMEOWNERS’ ASSOCIATION, INC., a Florida
not-for-profit corporation;
COUNTRY WALK VILLAS HOMEOWNER’S ASSOCIATION, INC., a Florida not-for-profit corporation; JEFFREY ROGERS; if alive, or if dead, their unknown spouses, heirs, devisees, grantees, creditors and all parties claiming interest by, through, under or against a defendant named in this action, and all persons having or claiming to have any right, title or interest in the property herein described, and XYZ CORPORATION, Unknown Tenant, and JOHN DOE and JANE DOE, Unknown Tenants,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Uniform Final Judgment of Foreclosure dated the 25th day of August, 2014 and entered in Case Number: 51-2009-CA-004005-ES in the Circuit Court of the Sixth Judicial Circuit, Pasco County, Florida, PAULA S. O’NEIL, Clerk of the above-entitled Court, will sell to the highest and best bidder, or bidders, for cash, online via the Internet at http://www.pasco.realforeclose.com at 11:00 a.m. ET on the 13th day of October, 2014 the real and personal property described as follows and as set forth in said Uniform Final Judgment of Foreclosure situate in Pasco County, Florida:
PARCEL 1:
Lots 79 through 82, inclusive, COUNTRY WALK INCREMENT B PHASE 2, according to the plat thereof recorded in Plat Book 57, Pages 30 through 33, inclusive, of the Public Records of Pasco County, Florida.
PARCEL 2:
Lot 41, inclusive, COUNTRY WALK INCREMENT E PHASE 1, according to the plat thereof recorded in Plat Book 55, Pages 75 through 83, inclusive, of the Public Records of Pasco County, Florida.
PARCEL 3:
Lots 48 and 49, inclusive, and 130 through 132, inclusive, COUNTRY WALK INCREMENT E PHASE 2, according to the plat thereof recorded in Plat Book 59, Pages 96 through 102, inclusive, of the Public Records of Pasco County, Florida.
SUBJECT TO declarations, covenants, conditions, easements, restrictions, and reservations of record.
TOGETHER WITH all easements, licenses, privileges, franchises, servitudes, tenements, hereditaments, and appurtenances belonging or in any way appertaining to the foregoing subject matter Property (“the Property”), including the following:
A. All rights of ingress and egress to the Property as provided and set forth in that certain Reciprocal Easement Agreement by and between Meadowwoods, Inc., a Florida corporation, and Wesley Chapel Lakes, Ltd. and Clearwater Bay Associates and Meadow Pointe Partnership dated March 31, 2000 and recorded April 6, 2000 in Official Records Book 4344, Page 128, of the Public Records of Pasco County, Florida, as amended by that certain unrecorded First Amendment to Reciprocal Easement Agreement dated January 13, 2003, and as further amended by Second Amendment to Reciprocal Easement Agreement and Assignment of Reciprocal Easement Agreement recorded April 2, 2003 in Official Records Book 5299, Page 655, of the Public Records of Pasco County, Florida, and as further amended by Third Amendment to Reciprocal Easement Agreement and Assignment of Reciprocal Easement Agreement recorded April 24, 2003 in Official Records Book 5329, Page 1298, of the Public Records of Pasco County, Florida; and as affected by Termination of Escrow Agreement recorded in Official Records Book 5753, Page 1320, of the Public Records of Pasco County, Florida.
B. All buildings, structures, additions, improvements, facilities, and fixtures now or hereafter located in, upon or under or based at, the Property.
C. All leases, rentals, revenues, payments, repayments, income, charges, moneys, issues and profits thereof, relating to the Property.
D. The proceeds from any insurance or condemnation award pertaining to the Property, or compensation in lieu thereof, including but not limited to any award or compensation for the alteration of the grade of any street or any other injury to or decrease in the value of the Property.
E. All of the Mortgagor’s right, title, interest, estate, claim or demand, either at law or in equity, in and to all architectural, engineering and similar plans, specifications, drawings, renderings, profiles, studies, shop drawings, reports, plats, permits, surveys, and the like, relating to or concerning the Property, and all sewer taps, permits and allocations, agreements for utilities, bonds, sureties and the like, relating to the Property or appurtenant facilities erected or to be erected upon or about the Property.
F. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, the proceeds of insurance.
G. All contracts and other agreements for the sale of any of the Property or any part thereof or interest therein now or hereafter entered into by Mortgagor, and all right, title and interest of Mortgagor thereunder, including, without limitation, all right, title and interest of Mortgagor in cash or securities deposited thereunder to secure performance by the contract purchasers of their obligations thereunder, and including, without limitation, the right to receive and collect the proceeds thereof.
H. All of Mortgagor’s rights, powers and privileges (but not the burdens and obligations) under any construction contract or architect’s (or engineer’s) agreement now or hereafter entered into by Mortgagor relating to the Property, and all bonds and surety agreements related thereto.
I. All contracts and other agreements, if any, relating to the sale, lease, brokerage, development, management, maintenance and/or operation of the Property (or of any part thereof or interest therein) or otherwise pertaining thereto.
J. All rights of Mortgagor under any commitment for any other loan secured by the Property or any part thereof or interest of Mortgagor therein.
K. All right, title and interest of Mortgagor in all tradenames, trademarks and/or servicemarks used in connection with the Property and all contract rights and contracts, general intangibles, actions and rights of action, deposits, prepaid expenses, permits, licenses owned by Mortgagor and used in connection with or related to the Property.
L. All machinery, apparatus, equipment, fittings, fixtures, inventory, appliances, furniture and articles of personal property of every kind and nature whatsoever, other than consumable goods, now or hereafter located in or upon the Property or any part thereof owned by Mortgagor and used or useable in connection with any present or future operation of the Property (herein collectively called “Equipment”), including, but without limiting the generality of the foregoing, all heating, lighting, laundry, incinerating, plumbing, lifting, cleaning, fire-prevention, fire-extinguishing, refrigerating, ventilating, communications, air-conditioning and air-cooling equipment or apparatus, engines, pipes, pumps, tanks, motors, conduits, switchboards, elevators, escalators, shades, awnings, screens, storm doors and windows, stoves, wall beds, refrigerators, attached cabinets, partitions, ducts and compressors, and all of the right, title and interest of the Mortgagor in and to any Equipment which may be subject to any conditional bill of sale, chattel mortgage or security interest superior to the lien or security interest established by the Mortgage.
M. All proceeds, additions, replacements, and substitutions of and to any of the foregoing, as they pertain to the Property.
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 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 Public Information Dept., Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext 8110 (V) in Dade City, 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 impaired call 711. The court does not provide transportation and cannot accommodate for this service. Persons with disabilities needing transportation to court should contact their local public transportation providers for information regarding transportation services.
DATED on September 9th, 2014.
Respectfully Submitted,
Kimberly Doud, Esquire
Florida Bar Number: 0523771
Attorney for Plaintiff
FOR THE COURT
BROAD AND CASSEL
390 North Orange Avenue
Suite 1400
Orlando, Florida 32801
Post Office Box 4961 (32802-4961)
Phone: (407) 839-4200
Fax: (407) 425-8377
4847-6676-8669.1
September 12, 19, 2014 14-04719P
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