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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
Case No.: 2011-CA-7441
OLD HARBOR BANK,
Plaintiff, v.
GARY F. QUEEN, as Trustee under Land Trust No. 76, dated October 13, 2005, G Q DEVELOPMENT, LLC, a Florida limited liability
company, GARY F. QUEEN, as Trustee under Land Trust dated July 10, 1996, and Numbered 124,
GARY F. QUEEN, as Trustee of Land Trust 3rd Street dated July 23, 2006, Gary F. Queen, as Trustee
under Trust Agreement dated 3/19/97 known as Land Trust #737,
Lawrence E. Queen, Gary F. Queen and French W. Queen, Jr., as Trustees of The Lawrence E. Queen Trust Dated December 13, 1990, as amended, and CARROLLWOOD DEVELOPMENT CORP., a Florida corporation,
Defendants.
Notice is hereby given, pursuant to the Final Summary Judgment of Foreclosure entered in the above noted case, that I will sell the following property situated in Hillsborough County, Florida, described as:
SEE ATTACHED EXHIBIT “A” (“Legal Description”)
EXHIBIT “A”
LEGAL DESCRIPTION
TRACT A
THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 24 SOUTH, RANGE 18 EAST, LESS AND EXCEPT THE NORTH 40 FEET FOR ROAD, PASCO COUNTY, FLORIDA.
TRACT B
THAT PORTION OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 26 SOUTH, RANGE 16 EAST, PASCO COUNTY, FLORIDA, LYING SOUTH OF THE PITHLACHASCOTEE RIVER, LESS THE SOUTH 25.0 FEET THEREOF FOR PUBLIC ROAD RIGHT-OF-WAY.
TRACT C
A parcel of land located in the Southeast comer of Section 5, in the Southeast corner of Section 4, in the Northeast corner of Section 8, and in the Northwest corner of Section 9, Township 25 South, Range 17 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Southwest corner of said Section 8, Township 25 South, Range 17 East, and run South 89°28'57” East, a distance of 2,902.57 feet to a point; thence run North 02°32'46” East, a distance of 2,596.18 feet to a point; thence South 89°08'32” East, a distance of 1,495.00 feet to a point; thence North 02°32'46” East, a distance of 100.00 feet to the POINT OF BEGINNING, Thence continue North 02°32'46” East, a distance of 4,812.99 Feet to a point; thence run South 84°25'33” West, a distance of 283.60 feet to a point; thence run North 09°25'19” West, a distance of 500.25 feet to a point on the Southerly Right-of-Way line of State Road 52, also being a point on a curve; thence run Easterly along the arc of said curve to the right, a distance of 33.79 feet to the P.T. (said curve having a radius of 632.38 feet, a delta of 03°03'43”) a chord of 33.79 feet, bearing North 82°58'48” East; thence run North 84°25'33” East, a distance of 915.76 feet to a point; thence leaving said Right-of-Way run South 00°35'50” West, a distance of 983.99 feet to a point; thence run South 89°24'10” East, a distance of 699.42 feet to a point; thence run South 00°35'50” West, a distance of 2,203.85 feet to a point; thence run South 60°55'33” East, a distance of 51.83 feet to a point; thence run South 31°45'00” West, a distance of 1,160.07 feet to a point; thence run South 31°30'00” East, a distance of 275.00 feet to a point; thence run South 17°00'00” West, a distance of 210.00 feet to a point; Thence run South 48°45'00” West, a distance of 765.00 feet to a point; thence run South 38°00'00” West, a distance of 250.00 feet to a point; thence run South 84°30'01” West, a distance of 250.00 feet to the POINT OF BEGINNING.
LESS AND EXCEPT the following two (2) parcels of land conveyed to the State of Florida Department of Transportation by Warranty Deed recorded in Official Records Book 3266, Page 259, of the Public Records of Pasco County, Florida
Parcel 1:
That part of the East 1/2 of Section 5, Township 25 South, Range 17 East, Pasco County, Florida, being described as follows:
Commence at the Southeast Corner of the Northeast 1/4 of said Section 5; thence run North 00°36'03” West, along the East line of said Northeast 1/4, a distance of 141.42 feet to the existing South Right-of-Way line of State Road 52; thence run South 83°36'50” West along said Right-of-Way a distance of 104.80 feet to the POINT OF BEGINNING; thence run South 00°07'25” East, a distance of 27.16 feet; thence run South 83°36'50” West, a distance of 722.51 feet to a point on a curve concave Southeasterly having a radius of 2,536.50 feet and central angle of 04°59'31”; thence from a chord bearing South 81°07'04” West, run Southwesterly along the arc of said curve a distance of 221.00 feet; thence departing said curve run North10°14'13” West, a distance of 36.39 feet to a point on said Right-of-Way and a curve concave Southeasterly having a radius of 1,859.86 feet and central angle of 01°02'44”; thence from chord bearing North 83°05'28” East, run Northeasterly along said Right-of-Way and along the arc of said curve, a distance of 33.94 feet to a point of tangency; thence departing said curve run North 83°36'50” East, a distance of 914.70 feet to the POINT OF BEGINNING.
Parcel 2
That part of the East 1/2 of Section 5, Township 25 South, Range 17 East, Pasco County, Florida, being more described as follows:
Commence at the Southeast Corner of the Northeast 1/4 of said Section 5; thence run North 00°36'03” West along the East line of said Northeast 1/4, a distance of 141.42 feet to the existing South Right-of-Way line of State Road No. 52; thence run South 83°36'50” West, along said South Right-of-Way line, a distance of 758.24 feet; Thence South 10°14'13” East, a distance of 27.06 feet for a POINT OF BEGINNING; thence continue South 10°14'13” East, a distance of 341.17 feet; thence run South 79°45'47” West, a distance of 11.58 feet; thence run South 10°14'13” East, a distance of 168.29 feet; thence run South 83°36'39” West, a distance of 283.60 feet; thence run North 10°14'13” West, a distance of 500.61 feet to a point on a curve concave Southeasterly having a radius of 2,536.50 feet and a central angle of 04°59'31”; thence from a chord bearing of North 81°07'04” East, run Northeasterly along the arc of said curve a distance of 221.00 feet to the point of tangency; thence departing said curve run North 83°36'50” East, a distance of 73.84 feet to the POINT OF BEGINNING.
Also Less and Except that portion deeded to D.R. Horton, Inc., in Trustee Deed recorded in Official Records Book 6190, Page 74, of the Public Records of Pasco County, Florida.
TRACT D:
Lot 55, RUSKIN COLONY FARMS, a subdivision according to the plat thereof recorded at Plat Book 5, Page 63, in the Public Records of Hillsborough County, Florida. LESS the North 38.0 feet and the West 20.0 feet for road right-of-way and LESS the North 286.0 feet of the West 180.0 feet thereof.
TRACT E: Comprised of the following two (2) Parcels
PARCEL I:
All of MOORINGS AT POINT O'WOODS PHASE THREE, according to the plat thereof, as recorded in Plat Book 18, Page 89, of the Public Records of Citrus County, Florida; LESS AND EXCEPT Lots 1, 7, 15 and 25, thereof.
PARCEL II:
THE FOLLOWING DESCRIBED PARCEL D-E-F
Beginning at the Northwest corner of Lot 27, Village Green Unit No. 1, as recorded in Plat Book 8, Page 80, of the Public Records of Citrus County, Florida, run North 01°31'30” West 17.26 feet along the West line of the Southeast 1/4 of Section 2, Township 19 South, Range 20 East; thence run North 89°07'53” East, 660.04 feet; thence run North 01°31'30” West, 420.03 feet; thence run North 89°07'53” East, 665.03 feet along the North line of the Southeast 1/4 of said Section 2; thence run North 01°37'50” West 1315.52 feet along the West line of the Southeast 1/4 of the Northeast 1/4 of said Section 2; thence run North 88°53'39” East 1322.53 feet along the North line of the Southeast 1/4 of the Northeast 1/4 of said Section 2; thence run South 01°44'19” East 1321.03 feet along the East line of the Northeast 1/4 of said Section 2; thence run South 01°43'59” East 700.00 feet along the East line of the Southeast 1/4 of said Section 2; thence run South 83°00'00” West 900.00 feet; thence run North 71°00'00” West 261.00 feet; thence run South 60°00'00” West 386.83 feet; thence run South 30°00'00” West 165.00 feet; thence run along the Northerly boundary of said Village Green Unit No. 1, the following four courses North 74°34'19” West 69.34 feet, North 16°53'14” West 51.09 feet; Northerly 652.92 feet along the arc of a curve concave Southwesterly having a radius of 345.00 feet; a central angle of 108°25'58” and a chord of 559.75 feet that bears North 63°19'00” West; North 63°00'20” West 583.36 feet to the Point of Beginning;
LESS AND EXCEPT ALL OF THE MOORINGS AT POINT O' WOODS PHASE TWO, AS RECORDED IN PLAT BOOK 14, PAGES 127 THROUGH 130, PUBLIC RECORDS OF CITRUS COUNTY, FLORIDA;
AND LESS AND EXCEPT ALL OF MOORINGS AT POINT O'WOODS PHASE THREE RECORDED IN PLAT BOOK 18, PAGES 89 AND 90, PUBLIC RECORDS OF CITRUS COUNTY, FLORIDA;
AND LESS AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
Commence at the Northwest Corner of the Southeast 1/4 of Section 2, Township 19 South, Range 20 East, Citrus County, Florida; run North 89°07'53” East 660.04 feet along the North line of the Southeast 1/4 of said Section 2 to the Point of Beginning; thence continue North 89°07'53” East 107.18 feet along the North line of the Southeast 1/4 of said Section 2; thence run South 11°24'42” East 574.33 feet; thence run North 75°44'17” West 554.12 feet to a point on the South line of the North 420 feet of the Southeast 1/4 of said Section 2; thence run North 89°07'53” East 327.45 feet along the South line of the North 420 feet of the Southeast 1/4 of said Section 2; thence run North 01°31'30” West 420.03 feet along the East line of the West 660 feet of the Southeast 1/4 of said Section 2 to a Point of Beginning;
AND LESS AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
Begin at the Northwest corner of Village Green Unit No. 1, recorded in Plat Book 8, Page 80 in the Public Records of Citrus County, Florida; run North 01°31'30” West 17.26 feet along the West line of Southeast 1/4 of Section 2, Township 19 South, Range 20 East; thence run North 89°07'53” East 85.91 feet along the South line of the North 420 feet of the Southeast 1/4 of said Section 2; thence run South 26°59'40” West 55.32 feet to a point on the Northerly line of Lot 27 of said Village Green Unit No. 1; thence run North 63°00'20” West 67.71 feet along the Northerly line of said Lot 27 to the Point of Beginning;
AND LESS AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
Begin at the Southeast corner of Lot 16, Village Green Unit No, 1, recorded in Plat Book 8, Page 80 in the Public Records of Citrus County, Florida; run North 84°59'40” East 53.96 feet along an Easterly extension of the South line of said Lot 16; thence run North 32°30'45” East 183.22 feet; thence run North 61°03'20” East 402.29 feet; thence run South 73°01'10” East 152.91 feet to a point on the arc of a curve concave Easterly having a radius of 177.14 feet, a central angle of 18°00'46” and a chord that bears South 15°59'53” East run Southerly 55.69 feet along the arc of said curve to the Point of Tangency; thence run South 06°59'30” West 33.46 feet to a point on the Northerly line of The Moorings At Point O'Woods recorded in Plat Book 13, Pages 81-84, Public Records of Citrus County, Florida; thence run North 71°00'00” West 25.56 feet along said Northerly line; thence run North 06°59'30” East 28.14 feet to the P.C. of a curve, run Northerly 34.97 feet along the arc of a curve concave Easterly having a radius of 202.14 feet, a central angle of 9°54'40” and a chord that bears North 11°56'50” East; thence departing said curve run North 73°01'10” West 115.59 feet; thence run South 61°03'20” West 386.22 feet; thence run South 32°30'45” West 221.59 feet; thence run South 84°59'40” West 36.57 feet to a point on the Easterly line of said Village Green Unit No. 1; thence run North 16°53'14” West 51.09 feet along said line to the Point of Beginning.
PARCEL D-E-F IS ALSO DESCRIBED AS THE FOLLOWING:
Beginning at the Northwest corner of Lot 27, Village Green Unit No. 1, as recorded in Plat Book 8, Page 80, of the Public Records of Citrus County, Florida; run North 01°31'30” West 17.26 feet along the West line of the Southeast 1/4 of Section 2, Township 19 South, Range 20 East, thence run North 89°07'53” East 660.04 feet; thence run North 01°31'30” West 420.03 feet; thence run North 89°07'53” East 665.03 feet; along the North line of the Southeast 1/4 of said Section 2; thence run North 01°37'50” West 1315.52 feet along the West Line of the Southeast 1/4 of the Northeast 1/4 of said Section 2; thence run North 88°53'39” East 1322.53 feet along the North line of the Southeast 1/4 of the Northeast 1/4 of said Section 2; thence run South 01°44'19” East 1321.03 feet along the East line of the Northeast 1/4 of said Section 2; thence run South 01°43'59” East 700.00 feet along the East line of the Southeast 1/4 of said Section 2; thence run South 83°01'37” West 899.86 feet; thence run North 71°00'00” West 261.00 feet; thence South 60°00'00” West 386.83 feet; thence run South 30°00'00” West 165.00 feet; thence run along the Northerly boundary of said Village Green Unit No. 1, the following four courses: North 74°34'19” West 69.34 feet, North 16°53'14” West 51.09 feet; Northerly 652.92 feet along the arc of a curve concave Southwesterly having a radius of 345.00 feet, a central angle of 108°25'58” and a chord of 559.75 feet that bears North 63°22'40” West; North 63°00'20” West 583.36 feet to the Point of Beginning;
LESS AND EXCEPT ALL OF THE MOORINGS AT POINT O'WOODS, PHASE 2, AS RECORDED IN PLAT BOOK 14, PAGES 127 THROUGH 130, PUBLIC RECORDS OF CITRUS COUNTY, FLORIDA;
AND LESS AND EXCEPT ALL OF MOORINGS AT POINT O'WOODS PHASE THREE RECORDED IN PLAT BOOK 18, PAGES 89 AND 90, PUBLIC RECORDS OF CITRUS COUNTY, FLORIDA;
AND LESS AND EXCEPT PARCEL NO. 2 DESCRIBED AS FOLLOWS:
Commence at the Northwest corner of the Southeast 1/4 of Section 2, Township 19 South, Range 20 East, Citrus County, Florida; run North 89°07'53” East 660.04 feet along the North line of the Southeast 1/4 of said Section 2 to the Point of Beginning; thence continue North 89°07'53” East 107.18 feet along the North line of the Southeast 1/4 of said Section 2; thence run South 11°24'42” East 574.33 feet; thence run North 75°44'17” West 554.12 feet to a point on the South line of the North 420 feet of the Southeast 1/4 of said Section 2; thence run North 89°07'53” East 327.45 feet along the South line of the North 420 feet of the Southeast 1/4 of said Section 2; thence run North 01°31'30” West 420.03 feet along the East line of the West 660 feet of the Southeast 1/4 of said Section 2 to a Point of Beginning;
AND LESS AND EXCEPT PARCEL NO. 1 DESCRIBED AS FOLLOWS:
Begin at the Northwest corner of Village Green Unit No. 1, recorded in Plat Book 8, Page 80 in the Public Records of Citrus County, Florida; run North 01°31'30” West 17.26 feet along the West line of Southeast 1/4 of Section 2, Township 19 South, Range 20 East, thence run North 89°07'53” East 85.91 feet along the South line of the North 420 feet of the Southeast 1/4 of said Section 2; thence run South 26°59'40” West 55.32 feet to a point on the Northerly line of Lot 27 of said Village Green Unit No, 1; thence run North 63°00'20” West 67.71 feet along the Northerly line of said Lot 27 to the Point of Beginning;
AND LESS AND EXCEPT PARCEL NO. 3 DESCRIBED AS FOLLOWS:
Begin at the Southeast corner of Lot 16, Village Green Unit No. 1, recorded in Plat Book 8, Page 80 in the Public Records of Citrus County, Florida; run North 84°59'40” East 53.69 feet along an Easterly extension of the South line of said Lot 16; thence run North 32°30'45” East 183.45 feet; thence run North 61°03'20” East 403.17 feet; thence run South 73°01'10” East 152.91 feet to a point on the arc of a curve concave Easterly having a radius of 177.14 feet, a central angle of 18°00'46” and a chord that bears South 15°59'53” West run Southerly 55.69 feet along the arc of said curve to the Point of Tangency; thence run South 06°59'30” West 33.46 feet to a point on the Northerly line of The Moorings At Point O'Woods recorded in Plat Book 13, Pages 81-84, Public Records of Citrus County, Florida; thence run North 71°00'00” West 25.56 feet along said Northerly line; thence run North 06°59'30” East 28.14 feet to the P.C. of a curve, run Northerly 34.97 feet along the arc of a curve concave Easterly having a radius of 202.14 feet, a central angle of 9°54'40” and a chord that bears North 11°56'50” East; thence departing said curve run North 73°01'10” West 115.59 feet; thence run South 61°03'20” West 386.22 feet; thence run South 32°30'45” West 220.92 feet, thence run South 84°59'40” West 36.30 feet to a point on the Easterly line of said Village Green Unit No. 1; thence run North 16°53'14” West 51.09 feet along said line to the Point of Beginning.
at public sale, to the highest and best bidder for cash, at the Hillsborough County Courthouse,800 E. Twiggs Street, Tampa, Florida at 10:00 A.M., on November 29, 2011. The highest bidder shall immediately post with the Clerk, a deposit equal to 5% of the final bid, unless the final judgment states otherwise. The deposit must be paid immediately following the sale and is a non-refundable deposit. The balance of the bid, documentary stamp tax, Clerk's fee for holding the sale and the Registry of the Court fee must be made by 12:00 p.m. the next business day of the sale unless otherwise ordered by the Court. ALL MONEY PAID MUST BE IN CASH, OFFICIAL BANK CHECKS AND/OR CASHIER'S CHECK DRAWN ON A UNITED STATES BANK ONLY. CHECKS MUST BE PAYABLE TO: CLERK OF COURT. IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
If you are a person with a disability who needs an accommodation, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation please contact the ADA Coordinator within seven working days of the date the service is needed; if you are hearing or voice impaired, call 711.
Date: November 04, 2011
PAT FRANK
Clerk of the Circuit Court
(Court Seal) By: Jenny Alvarez
Deputy Clerk
Robert E. Messick, Esq.
Icard, Merrill, Cullis,
Timm, Furen & Ginsburg, P.A.
2033 Main Street, Suite 600
Sarasota, FL 34237
November 11, 18, 2011 11-3141H