11-1073P
NOTICE OF SALE
IN THE CIRCUIT COURT of
the sixth judicial circuit in and FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
Case No.:
51-2011-CA-00268-XXXX-WS
Division: J3
OLD HARBOR BANK, a Florida corporation,
Plaintiff, vs.
BBD SOFTWIND, LLC, a Florida limited liability company, BEN R. RIZZO, DAVID J. CANARELLI, and WILLIAM B. SHIRLEY,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the “Final Judgment on Verified Complaint,” entered in the above-styled action in the Sixth Judicial Circuit Court, in and for Pasco County, Florida, the Clerk of Pasco County will sell the property situated in Pasco County, Florida, as described on Exhibit “A” attached hereto, at a Public Sale, to the highest bidder, in an online sale accessed through the Clerk’s website at http://www.pasco.realforeclose.com, on June 13, 2011, at 11:00 a.m.:
COMPOSITE EXHIBIT “A”
The East 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 25, Township 24 South, Range 17 East, Pasco County, Florida; LESS the East 33.00 feet thereof for road Right-of-Way recorded in Official Records Book 51, Page 448 and LESS that portion of land conveyed by Warranty Deed to the Florida Department of Transportation in Official Records Book 3719, Pages 1537 and 1538, Public Records of Pasco County, Florida.
AND
The Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 25, Township 24 South, Range 17 East; LESS the Right-of-Way on the East, also LESS and except that portion described in Official Records Book 3703, Page 624, Public Records of Pasco County, Florida.
All of the above being more particularly described as follows:
A portion of the Northeast ¼ of Section 25, Township 24 South, Range 17 East, Pasco County, Florida being described as follows:
Commence at the Northeast corner of said Section 25, and run North 89°56’39” West along the North boundary line of said Section 25, 33.00 feet to the West right-of-way line of Softwind Lane for a POINT OF BEGINNING; thence, leaving the North boundary line of said Section 25, South 00°07’59” West, along the West right-of-way line of Softwind Lane, 1984.42 feet; thence, leaving said West right-of-way line, North 89°49’54” West, along the South boundary line of the Northeast ¼ of the Southeast ¼ of the Northeast ¼ of said Section 25, 626.63 feet to the West boundary line of the Northeast ¼ of the Southeast ¼ of the Northeast ¼ of said Section 25; thence, leaving said South boundary line, North 00°08’05” East, along said West boundary line of the Northeast ¼ of the Southeast ¼ of the Northeast ¼ of Section 25 and its extension, 1983.19 feet to the North boundary line of said Section 25; thence, South 89°56’39” East, along said North boundary line, 626.57 feet to the POINT OF BEGINNING.
All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the Property described in Exhibit “A” (herein referred to as “Property”) or under or above the same or any part or parcel thereof.
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the Property and including all trade, domestic and ornamental fixtures now or hereafter located in, upon or under the Property or any part thereof and used or usable in connection with any present or future operation of the Property and now owned or hereafter acquired by Debtor, including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces, oil burners or units thereof; appliances; air-cooling and air conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; store doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass, doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all additions and accessions thereto and replacements thereof.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over, and upon the Property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Property or any part or parcel thereof.
All of Debtor’s interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by Debtor during the life of the security agreements or any extension or renewal thereof, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.
Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Property described in Exhibit “A” or in this Exhibit.
All of the right, title and interest of the Debtor in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property described in Exhibit “A”, or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or any part of the Property.
All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon or operation of the Property.
All Debtor’s rights to any fictitious or other names or tradenames used in conjunction with the said real and personal property.
All accounts, instruments, documents, chattel paper, electronic chattel paper, deposit accounts, investment property, letter of credit rights, and general intangibles now owned or hereafter acquired.
All furniture, furnishings, appliances and equipment and all other tangible personal property now or hereafter owned or acquired by the Debtor or now or hereafter located or installed at or in any other improvement on the Property or elsewhere at or on the Property, together with all accessories and parts now attached to or used in connection with any such Property or which may hereafter at any time be placed in or added thereto and also any and all replacements and proceeds of any such Property.
All permits, agreements, approvals, and fees, including but not limited to all building permits, driveway and curb cut permits, all commitments for utilities, all construction contracts between Debtor and any contractor or subcontractor, together with any and all plans and specifications, and architectural drawings for any improvements to be constructed on the real estate herein described.
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.
In accordance with the Americans With Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact Dade City (352) 521-4274, Ext. 8110; New Port Richey (727) 847-8100; TDD 1-800-955-8771 via Florida Relay Service; no later than seven (7) days prior to any proceeding.
JOHN A. ANTHONY, Esq.
Florida Bar Number: 731013
STEPHENIE BIERNACKI
ANTHONY, Esq.
Florida Bar Number: 0127299
LYNN A. BRAUER, Esq.
Florida Bar Number: 0467420
ANTHONY & PARTNERS, LLC
201 North Franklin Street, Suite 2800
Tampa, Florida 33602
Telephone: (813) 273-5616
Telecopier: (813) 221-4113
Attorneys for Old Harbor Bank
May 27; June 3, 2011 11-1073P
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