11-1171P
THIRD AMENDED NOTICE OF SALE ON AMENDED COMPLAINT
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CASE NO:
51-2010-CA-005471-XXXX-WS
BRANCH BANKING AND TRUST COMPANY, a North Carolina
banking corporation, as successor in
interest to Colonial Bank, N.A.,
Plaintiff, v.
HRISTOS MALISSOVAS, a/k/a CHRIS MALISSOVAS,
individually and JOANNE
MALISSOVAS, individually, jointly and severally; ARISTIDIS
ZAMAKIS, as Trustee of Zamakis Family Revocable Trust Dated August 6, 2002 and STAVROULA ZAMAKIS, as Trustee of Zamakis Family Revocable Trust Dated August 6, 2002,
Defendants.
NOTICE IS HEREBY GIVEN that the Clerk of the Circuit Court for Pasco County, Florida, under and pursuant to the Uniform Final Judgment of Foreclosure heretofore entered on the 10th day of January, 2011, in that certain cause pending in the Circuit Court of the Sixth Judicial Circuit, in and for Pasco County, Florida, being Civil Action No. 51-2010-CA-005471-XXXX-WS, in which BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, as successor in interest to Colonial Bank, N.A. (“BB&T”) is the Plaintiff and HRISTOS MALISSOVAS, a/k/a CHRIS MALISSOVAS, individually (“Chris”) and JOANNE MALISSOVAS, individually (“Joanne”), jointly and severally, ARISTIDIS ZAMAKIS, as Trustee of Zamakis Family Revocable Trust Dated August 6, 2002 (“Aristidis”) and STAVROULA ZAMAKIS, as Trustee of Zamakis Family Revocable Trust Dated August 6, 2002 (“Stavroula”) are the Defendants, and under and pursuant to the terms of the said Final Judgment will offer for sale at public outcry to the highest and best bidder for cash, at http://www.pasco.realforeclose.com, the Clerk’s website for on-line auctions at 11:00 a.m. in accordance with Chapter 45 Florida Statutes, on the 6th day of July, 2011, the same being a legal sales day and the hour a legal hour of sale, the real and personal property situated in Pasco County, Florida and legally described as follows:
Real Property
Parcel “A”
The portion of the North 1/2 of Track 29 and the South 105 feet of Track 24, Section 10, Township 25 South, Range 16 East in accordance with the plat of the Port Richey Land Company’s Subdivision as recorded in Plat Book 1, Page 61 of the Public Records of Pasco County Florida, lying East of the Easterly right-of-way line of U.S. Highway No. 19 (S.R. No. 55) as now established, less the East 779.00 feet being further described as follows:
For a POINT OF REFERENCE, commence at the Southeast corner of said Tract 29; Thence North 0 degrees 12’07” West, along the Easterly boundary of said Tract 29, 164.85 feet to the Southerly boundary of the North 1/2 of said Tract 29; Thence South 89 degrees 59’56” West 779.00 feet along said Southerly boundary line to the POINT OF BEGINNING; Thence continue South 89 degrees 59’ 56” West, along said Southerly boundary 450.76 feet to a point on the Easterly right-of way line of U.S. Highway No. 19; Thence due North along said Easterly right-of-way line, 269.50 feet; Thence North 89 degrees 58’ 59” East 449.81 feet; Thence South 0 degrees 12’ 07” East, parallel with the Easterly boundary line of said Tract 29, 269.63 feet to the POINT OF BEGINNING; along with the rights to use a 60.00 foot ingress and egress easement described as follows: The West 60 feet of the North 225 feet of Tract 24 of Port Richey Land Company’s Subdivision of Section 10, Township 25 South, Range 16 East, as per plat thereof recorded in Plat Book 1, Page 61 of the Public Records of Pasco County, Florida, lying East of the Easterly right-of-way line of State Road No. 55 (U.S. Highway No. 19) as it is now established.
The South 30.00 feet of the above described Parcel “A” is subject to an easement for ingress and egress.
PARCEL “B”
That portion of the East 779.00 feet of the North 1/2 of Tract 29 and East 779.00 feet of the South 105 feet of Tract 24, Section 10, Township 25 South, Range 16 East in accordance with the plat of the Port Richey Land Company’s Subdivision as recorded in Plat Book 1, Page 61 of the Public Records of Pasco County, Florida, being further described as follows: For a POINT OF REFERENCE, commence at the Southeast corner of said Tract 29; Thence North 0 degrees 12’07” West, along the Easterly boundary line of said Tract 29, 164.85 feet to the Southerly boundary of the North 1/2 of said Tract 29 and the POINT OF BEGINNING; Thence South 89 degrees 59’56” West, along said Southerly boundary 779.00 feet; Thence North 0 degrees 12’07” West, 269.63 feet parallel with the Easterly boundary line of said Tract 29; Thence North 89 degrees 58’59” East 779.00 feet to a point on the Easterly boundary of said Tract 24; Thence South 0 degrees 12’07” East, along said Easterly boundary line and the Easterly boundary line of said Tract 29, 269.85 feet to the POINT OF BEGINNING; along with the perpetual rights to use and easement for ingress and egress over the South 30.00 feet of the North 1/2 of Tract 29 lying East of the Easterly right-of-way of said U.S. Highway No. 19 (S.R. No. 55) Less the East 100.00 feet.
The South 30.00 feet of the West 679.00 feet of the above described Parcel “B” is subject to an easement for ingress and egress.
Together with all improvements, tenements, hereditaments and appurtenances pertaining thereto.
Personal Property
Land. That certain tract of land described on the attached Exhibit A, the record owner of which is the Debtor (together with all Appurtenances, the “Land”).
Improvements. To the extent of the Debtor’s existing and future interests, all buildings and improvements of any kind erected or placed on the Land now or in the future, including the Fixtures, together with all existing and future appurtenant rights, privileges, easements, tenements, hereditaments, titles, reversions, remainders and other interests (collectively, the “Improvements”).
Leases. All leases, subleases, parking agreements, licenses, concessions, extensions, renewals and other agreements (whether written or oral, and whether presently effective or made in the future) through which the Debtor grants any possessory interest in and to, or any right to occupy or use, all or any part of the Real Property, and any related guaranties (collectively, the “Leases”).
Rents. All rents, income, receipts, issues, proceeds and profits and other benefits paid or payable for using, leasing, licensing, possessing, operating from or in, residing in, selling, mining, extracting minerals from, or otherwise enjoying the Real Property, whether presently existing or arising in the future, to which the Debtor may now or hereafter become entitled or may demand or claim from the commencement of the Indebtedness through the time of the satisfaction of all of the obligations under the Loan Documents (collectively, the “Rents”), including security deposits, amounts drawn under letters of credit securing tenant obligations, minimum rents, additional rents, parking revenues, deficiency rents, termination payments, space contraction payments, liquidated damages following default under a Lease, premiums payable by tenants upon their exercise of cancellation privileges, proceeds from lease guarantees, proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by destruction or damage to the Real Property, all rights and claims of any kind which the Debtor has or may in the future have against the tenants under the Leases, lease guarantors, or any subtenants or other occupants of the Real Property, all proceeds of any sale of the Real Property in violation of the loan Documents (as hereinafter defined), any future award granted the Debtor in any court proceeding involving any tenant in any bankruptcy, insolvency, or reorganization proceedings in any state or federal court, and any and all payments made by any tenant in lieu of rent.
Personal Property. All Account Collateral, Chattel Paper Collateral, Commercial Tort Claim Collateral, Deposit Account Collateral, Document Collateral, Equipment Collateral, Goods Collateral, General Intangible Collateral, Investment Property Collateral, Letter of Credit Collateral and Money Collateral and the accessions, additions, replacements, substitutions and Proceeds of any of the foregoing items of collateral (the “Personal Property”).
The property aforesaid, together with all improvements, buildings, fixtures, tenements, hereditaments and appurtenances thereto belonging, or in anywise appertaining, is being sold to satisfy BB&T’s claims under said Judgment.
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.
DATED this 7th day of June, 2011.
JOHN M. BRENNAN Florida Bar No. 0297951
GrayRobinson, P.A.
301 E. Pine Street, Suite 1400
Post Office Box 3068
Orlando, Florida 32802-3068
(407) 843-8880 Telephone
(407) 244-5690 Facsimile
Attorneys for Plaintiff,
BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, as successor in interest to Colonial Bank, N.A.
# 4057852 v1
June 10, 17, 2011 11-1171P
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