11-1879P

FIRST INSERTION
NOTICE of sale
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO COUNTY, FLORIDA
CASE NO. 51-2010-CA-8326-WS
BANK OF AMERICA, NATIONAL ASSOCIATION, as successor by merger to LaSalle Bank National Association, as Trustee for the Registered Holders of Prudential Securities Secured Financing Corporation, Commercial Mortgage Pass-Through Certificates, Series 2003-PWR1, acting by and through its special servicer, C-III Asset Management LLC,
Plaintiff, vs.
BROOKLINE CENTRAL FLORIDA COMPANY, LLC, a Florida limited liability company; STROMMEN CENTRAL FLORIDA COMPANY I, LLC a Florida limited liability company; STROMMEN CENTRAL FLORIDA COMPANY II, LLC a Florida limited liability company; et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Stipulated Partial Summary Judgment of Foreclosure dated February 9, 2011, entered in Civil Case No. 51-2010-CA-8326-WS of the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, Florida wherein BANK OF AMERICA, NATIONAL ASSOCIATION, as successor by merger to LaSalle Bank National Association, as Trustee for the Registered Holders of Prudential Securities Secured Financing Corporation, Commercial Mortgage Pass-Through Certificates, Series 2003-PWR1, acting by and through its special servicer, C-III Asset Management LLC, is the Plaintiff and BROOKLINE CENTRAL FLORIDA COMPANY, LLC, a Florida limited liability company; STROMMEN CENTRAL FLORIDA COMPANY I, LLC, a Florida limited liability company; STROMMEN CENTRAL FLORIDA COMPANY II, LLC, a Florida limited liability company; WILLIAM B. YEOMANS, individually; PATRICK M. KILMARTIN, individually; WILLIAM T. OBEID, individually; CHRISTOPHER F. LAMACK, individually; DANTE A. MASSARO, individually; ANN E. STROMMEN, individually; and SCOTT J. STROMMEN, individually, the Defendants.
The Pasco County Clerk of Court will sell to the highest bidder for cash, via online foreclosure action at www.pasco.realforeclose.com, in accordance with Chapters 702 and 45 of the Florida Statutes, at 11:00 AM, on Wednesday, October 12, 2011, the following described property, as set forth in said Stipulated Partial Summary Judgment of Foreclosure, to wit:
SEE ATTACHED
EXHIBIT “A” and EXHIBIT “B”
Exhibit A
(Legal Description of the
Real Property)
PARCEL 1
A portion of the Northwest Quarter of Section 11, Township 25 South, Range 16 East, Pasco County, Florida, also being a portion of Tracts 4, 5, 12, 13 and 14 of PORT RICHEY LAND COMPANY'S SUBDIVISION, as shown on Plat recorded in Plat Book, 1, Pages 60 and 61 of the Public Records of said Pasco County, Florida, being more particularly described as follows:
Commence at the Northwest corner of the Northwest Quarter of said Section 11; thence run along the West boundary line of said Northwest Quarter of Section 11, South 00 degrees 39 minutes 19 seconds West, 891.11 feet; thence South 87 degrees 35 minutes 26 seconds East, 1072.58 feet to the POINT OF BEGINNING; thence run North 00 degrees 20 minutes 25 seconds East, 513.54 feet; thence North 89 degrees 39 minutes 35 seconds West 35.00 feet; thence North 00 degrees 20 minutes 25 seconds East, 256.27 feet to the Southerly right of way line of State Road No. 52, as now established; thence along said Southerly right of way line South 83 degrees 33 minutes 33 seconds East, 137.31 feet; thence continue along said Southerly right of way line, 114.06 feet along the arc of a 5829.70 foot radius curve concave to the Northeast, subtended by a chord distance of 114.05 feet which bears South 83 degrees 53 minutes 09 seconds East; thence South 00 degrees 20 minutes 25 seconds West, 447.50 feet; thence South 89 degrees 39 minutes 35 seconds East, 385.51 feet to the Westerly right of way line of La Madera Boulevard as now established; thence along said Westerly right of way line, 118.63 feet along the arc of a 446.48 foot radius curve concave to the Northeast, subtended by a chord distance of 118.28 feet which bears South 23 degrees 22 minutes 05.5 seconds East; thence continue along said Westerly right of way line, South 30 degrees 58 minutes 48 seconds East, 228.16 feet; thence continue along said Westerly right of way line 24.59 feet along the arc of a 636.43 foot radius curve concave to the Northeast, subtended by a chord distance of 24.59 feet which bears South 30 degrees 15 minutes 43 seconds East to the Northeast corner of Forestwood Unit One as shown on Plat recorded in Plat Book 23, Page 106, of the Public Records of Pasco County, Florida, thence along the Northerly boundary of said Forestwood Unit One and the Westerly extension thereof, North 87 degrees 35 minutes 28 seconds West 779.70 feet to the POINT OF BEGINNING.
TOGETHER WITH an easement for ingress and egress for parking areas, including all entrances, exists, driveways and walks in common with others over and across the following described property:
A parcel of land lying in the Northwest One Quarter of Section 11, Township 25 South, Range 16 East, Pasco County, Florida; the same being a portion of Tract 4 of PORT RICHEY LAND COMPANY, as shown on Plat recorded in Plat Book 1, Pages 60 and 61 of the Public Records of Pasco County, Florida, being more particularly described as follows:
Commence at the Northwest corner of the Northwest One Quarter of said Section 11; thence run South 00 degrees 39 minutes 19 seconds West 891.11 feet along the West boundary line of said Section 11; thence South 87 degrees 35 minutes 26 seconds East 450.12 feet; thence North 00 degrees 39 minutes 19 seconds East, 800.28 feet to point on the Southerly right of way line of State Road 52; thence along said Southerly right of way line 324.77 feet along the arc of a 5829.70 foot radius curve concave to the right, having central angle of 03 degrees 18 minutes 19 seconds, subtended by a chord distance of 324.72 feet which bears South 85 degrees 11 minutes 47 seconds East; thence continue along said Southerly right of way line South 83 degrees 33 minutes 33 seconds East 397.70 feet; thence 114.06 feet along the arc of a 5829.70 foot radius curve concave to the left, having a central angle of 01 degree 08 minutes 47 seconds, subtended by a chord distance of 114.05 feet, which bears South 83 degrees 53 minutes 09 seconds East to the POINT OF BEGINNING; thence continue along said Southerly right of way line, 238.24 feet along the arc of a 5829.70 foot radius curve concave to the left, having a central angle of 02 degrees 20 minutes 29.5 seconds, subtended by a chord distance of 238.23 feet, which bears South 85 degrees 37 minutes 02 seconds East; thence South 00 degrees 20 minutes 25 seconds West, 300.32 feet; thence South 87 degrees 39 minutes 25 seconds East, 130.45 feet; thence 127.48 feet along the arc of a 446.48 foot radius curve concave to the left having a central angle of 16 degrees 21 minutes 34 seconds, subtended by a chord distance of 127.05 feet which bears South 08 degrees 46 minutes 58 seconds East along the Westerly right of way line of La Madera Boulevard; thence North 89 degrees 39 minutes 35 seconds West 385.51 feet; thence North 00 degrees 20 minutes 25 seconds East, 447.51 feet to the POINT OF BEGINNING.
LESS THE FOLLOWING OUT PARCEL:
A portion of Tract 5, PORT RICHEY LAND COMPANY SUBDIVISION OF SECTION 11, TOWNSHIP 25 SOUTH, RANGE 16 EAST, as shown on Plat recorded in Plat Book 1, Pages 60 and 61, of the Public Records of Pasco County, Florida, being more particularly described as follows:
Commence at the Northwest corner of the Northwest Quarter of said Section 11; thence run along the West boundary line of said northwest Quarter of Section 11, South 00 degrees 39 minutes 19 seconds West, 891.11 feet; thence South 87 degrees 35 minutes 26 seconds East 1072.58 feet; thence run North 00 degrees 20 minutes 25 seconds East 513.54 feet; thence North 89 degrees 39 minutes 35 seconds West 35.00 feet; thence North 00 degrees 20 minutes 25 seconds East, 256.27 feet to the Southerly right of way line of State Road No. 52, as now established; thence along said Southerly right of way line South 83 degrees 33 minutes 33 seconds East 50.29 feet to the POINT OF BEGINNING; thence continue along said Southerly right of way line South 83 degrees 33 minutes 33 seconds East, 87.02 feet; thence 114.06 feet along the arc of a 5829.70 foot radius curve concaved to the Northeast, subtended by a chord distance of 114.05 feet which bears South 83 degrees 53 minutes 08 seconds East; thence departing from said Southerly right of way line South 00 degrees 20 minutes 25 seconds West 180.00 feet; thence North 89 degrees 39 minutes 35 seconds West, 200.00 feet; thence North 00 degrees 20 minutes 25 seconds East, 200.72 feet to the POINT OF BEGINNING.
PARCEL 2
FEE PARCEL
Lots 149 through 154 and the North 148.13 feet, more or less, of Lots 173 through 178, of Lakewood Villa and Additions, LESS AND EXCEPT the North 10 feet of Lots 149 through 152 and LESS AND EXCEPT the North 210.00 feet of Lots 153 and 154, as per Plat recorded in Plat Book 1, Page 6, of the Public Records of Highlands County, Florida, being more particularly described as follows:
Commence at the Northeast corner of Section 16; thence run South 89 degrees 47 minutes 47 seconds West and along the North line of said Section, a distance of 123.02 feet to a point on the West right of way line of U.S. Hwy. No. 27; thence South 0 degrees 03 minutes 29 seconds West and along said right of way line a distance of 230.00 feet for POINT OF BEGINNING; thence continue South 00 degrees 03 minutes 29 seconds West and along said right of way line a distance of 360.00 feet; thence South 89 degrees 47 minutes 47 seconds West, a distance of 619.28 feet; thence North 00 degrees 03 minutes 16 seconds West for a distance of 560.00 feet to a point on the South right of way line of Stryker Road; thence North 89 degrees 47 minutes 47 seconds East and along said right of way line a distance of 413.80 feet; thence South 00 degrees 00 minutes 04 seconds West a distance of 200.00 feet; thence North 89 degrees 47 minutes 47 seconds East a distance of 206.60 feet to the POINT OF BEGINNING.
LESS AND EXCEPT FUTURE PHASE AND OUT PARCEL 1 AS FOLLOWS:
FUTURE PHASE:
A portion of LAKEWOOD VILLA AND ADDITIONS as per Plat recorded in Plat Book 1, Page 6, of the Public Records of Highlands County, Florida, lying in Section 16, Township 33 South, Range 28 East, Highlands County, Florida, being more particularly described as follows:
Commence at the Northeast corner of Section 16; thence run South 89 degrees 47 minutes 47 seconds West and along the North line of said Section, a distance of 123.02 feet to a point on the West right of way line of U.S. Hwy 27; thence South 0 degrees 03 minutes 29 seconds West and along said right of way line a distance of 30.00 feet to a point on the South right of way line of Stryker Road; thence South 89 degrees 47 minutes 47 seconds West and along said right of way line a distance of 385.00 feet for POINT OF BEGINNING; thence South 0 degrees 03 minutes 29 seconds West, a distance of 215.01 feet; thence South 89 degrees 47 minutes 47 seconds West a distance of 190.00 feet; thence North 00 degrees 03 minutes 29 seconds East, a distance of 57.63 feet to a point on the arc of a curve concave to the Northeast; thence in a Northwesterly direction and along the arc of said curve to the right (curve having for its elements a radius of 20.00 feet, a central angle of 59 degrees 59 minutes 59 seconds and a chord bearing of North 29 degrees 56 minutes 30 seconds West) a distance of 20.94 feet to the Point of Tangency; thence North 0 degrees 03 minutes 29 seconds East a distance of 140.02 feet to a point on the South right of way line of Stryker Road; thence North 89 degrees 47 minutes 47 seconds East and along said right of way line a distance of 200.00 feet to POINT OF BEGINNING.
OUT PARCEL 1:
A portion of LAKEWOOD VILLA AND ADDITIONS as per Plat recorded in Plat Book 1, Page 6, of the Public Records of Highlands County, Florida, lying in Section 16, Township 33 South, Range 28 East, Highlands County, Florida, being more particularly described as follows:
Commence at the Northeast corner of Section 16; thence run South 89 degrees 47 minutes 47 seconds West and along the North line of said Section a distance of 123.02 feet to a point on the West right of way line of U.S. Hwy. No. 27; thence South 0 degrees 03 minutes 29 seconds West and along said right of way line of U.S. Hwy. No. 27, a distance of 400.00 feet for POINT OF BEGINNING; thence continue South 89 degrees 47 minutes 47 seconds West, a distance of 210.00 feet; thence South 00 degrees 03 minutes 29 seconds West a distance of 190.00 feet; thence North 89 degrees 47 minutes 47 seconds East a distance of 210.00 feet to a point on the West right of way line of U.S. Hwy. 27; thence North 00 degrees 03 minutes 29 seconds West and along said line a distance of 190.00 feet to the POINT OF BEGINNING.
ALSO LESS AND EXCEPT FROM SAID PARCEL 2:
That parcel described as Parcel 101 in that Order of taking by the State of Florida Department of Transportation in Order of Taking recorded July 20, 2005, in Official Records Book 1875, Page 1293, Public Records of Highlands County, Florida.
EASEMENTS:
TOGETHER WITH the easement rights of Cideco, Inc., under the following easements affecting the property described:
Driveway Easement and Agreement dated September 29, 1989 between Cideco, Inc. and Ben Hill Griffin, Inc., recorded January 29, 1990, in Official Records Book 1097, Page 490; as modified by Amendment to Driveway Easement and Agreement dated April 23, 1990, recorded May 3, 1990, in Official Records Book 1109, Page 250, in the Office of the Circuit Clerk of Highlands County, Florida, affecting the following described tract of land:
An easement being a portion of LAKEWOOD VILLA AND ADDITIONS as per Plat recorded in Plat Book 1, Page 6, of the Public Records of Highlands County, Florida, lying in Section 16, Township 33 South, Range 28 East, Highlands County, Florida, being more particularly described as follows:
Commence at the Northeast corner of Section 16; thence run South 89 degrees 47 minutes 47 seconds West along the North line of Section 16 for a distance of 123.02 feet to a point on the West right of way line of U.S. Highway 27; thence South 0 degrees 03 minutes 29 seconds West and along said right of way line a distance of 590.00 feet; thence South 89 degrees 47 minutes 47 seconds West for a distance of 28.00 feet for the POINT OF BEGINNING; thence continue South 89 degrees 47 minutes 47 seconds West for a distance of 30.00 feet; thence South 0 degrees 03 minutes 29 seconds West for a distance of 75.00 feet; thence North 89 degrees 47 minutes 47 seconds East a distance of 44.36 feet; thence North 23 degrees 49 minutes 16 seconds West a distance of 35.47 feet; thence run North 0 degrees 03 minutes 29 seconds East a distance of 42.50 feet to the POINT OF BEGINNING.
A 50 foot easement being a portion of LAKEWOOD VILLA AND ADDITIONS, as per Plat recorded in Plat Book 1, Page 6, of the Public Records of Highlands County, Florida, lying in Section 16, Township 33 South, Range 28 East, Highlands County, Florida, lying 25.00 feet left and right of the following described centerline:
Commence at the Northeast corner of Section 16; thence run South 89 degrees 47 minutes 47 seconds West and along the North line of said Section a distance of 123.02 feet to a point on the West right of way line of U.S. Highway No. 27; thence South 0 degrees 03 minutes 29 seconds West and along said right of way line a distance of 690.00 feet for POINT OF BEGINNING; thence South 89 degrees 47 minutes 47 seconds West a distance of 58.00 feet to end of description.
Being the Easement shown as Easement B on the Survey by Gary L. Germaine, P.L.S. described above.
Cross Easement Agreement dated November 30, 1989, between Cideco, Inc. and Circle K General, Inc., recorded January 29, 1990, in Official Records Book 1097, Page 500, in the Office of the Clerk aforesaid, affecting the following described tract of land:
A portion of LAKEWOOD VILLA AND ADDITIONS, as per Plat recorded in Plat Book 1, Page 6, of the Public Records of Highlands County, Florida, lying in Section 16, Township 33 South, Range 28 East, Highlands County, Florida, being more particularly described as follows
Commence at the Northeast corner of Section 16; thence run South 89 degrees 47 minutes 47 seconds West and along the North line of said Section a distance of 123.02 feet to a point on the West right of way line of U.S. Highway No. 27; thence South 0 degrees 03 minutes 29 seconds West and along said right of way line a distance of 30.00 feet; thence South 89 degrees 47 minutes 47 seconds West a distance of 161.80 feet for POINT OF BEGINNING; thence continue South 89 degrees 47 minutes 47 seconds West a distance of 45.00 feet; thence South 00 degrees 00 minutes 04 seconds West a distance of 200.00 feet; thence North 89 degrees 47 minutes 47 seconds East a distance of 20.00 feet; thence North 00 degrees 00 minutes 04 seconds East, a distance of 150.00 feet; thence North 89 degrees 47 minutes 47 seconds East, a distance of 25.00 feet; thence North 00 degrees 00 minutes 04 seconds East, a distance of 50.00 feet to POINT OF BEGINNING.

Being the Easement shown as Easement C on the Survey by Gary L. Germaine, P.L.S., described above.
Driveway Easement and Agreement dated November 30, 1989, between Cibeco, Inc., and Circle K General, Inc., recorded January 29, 1990, in Official Records Book 1087, Page 508, in the Office of the Circuit Clerk of Highlands County, Florida, affecting the following described tract of land:
The South 18 feet of the North 200 feet of Lots 153 and 154, LAKEWOOD VILLA SUBDIVISION, in Section 16, Township 33 South, Range 28 East, according to the Plat thereof, recorded in Plat Book 1, Page 6, of the Public Records of Highlands County, Florida.
Being the Easement shown as Easement D on the Survey by Gary L. Germaine, P.L.S., described above.
Sewer Easement Agreement dated January 16, 1990, between Ben Hill Griffin, Inc., and Cideco, Inc., recorded January 29, 1990, in Official Records Book 1097, Page 522; as modified by Amendment to Sewer Easement Agreement dated April 23, 1990, recorded May 3, 1990, in Official Records Book 1109, Page 260, in the Office of the Circuit Clerk of Highlands County, Florida, affecting the following described tract of land:
An Easement being a portion of LAKEWOOD VILLA AND ADDITIONS, as per Plat recorded in Plat Book 1, Page 6, of the Public Records of Highlands County, Florida, lying in Section 16, Township 33 South, Range 28 East, Highlands County, Florida, being more particularly described as follows:
Commence at the Northeast corner of Section 16; thence run South 89 degrees 47 minutes 47 seconds West along the North line of Section 16 for a distance of 123.02 feet to a point on the West right of way line of U.S. Highway 27; thence run South 0 degrees 03 minutes 29 seconds West along said right of way line for a distance of 665.00 feet for the POINT OF BEGINNING; thence continue South 0 degrees 03 minutes 29 seconds West for a distance of 50.00 feet; thence South 89 degrees 47 minutes 47 seconds West a distance of 58.00 feet; thence North 0 degrees 03 minutes 29 seconds East a distance of 125.00 feet; thence North 89 degrees 47 minutes 47 seconds East, a distance of 30.00 feet; thence South 0 degrees 03 minutes 29 seconds West, a distance of 42.50 feet; thence South 23 degrees 49 minutes 16 seconds East a distance of 35.47 feet; thence North 89 degrees 47 minutes 47 seconds East a distance of 13.64 feet to the POINT OF BEGINNING.
Being the Easement shown as “Sewer Easement” on the survey by Gary L. Germaine, P.L.S., described above.
Cross Access Easement Agreement dated January 26, 1990, between Cideco, Inc., and Ben Hill Griffin, Inc., recorded January 29, 1990, in Official Records Book 1097, Page 528, in the Office of the Circuit Clerk of Highlands County, Florida, affecting the following described tract of land:
Easement being a portion of LAKEWOOD VILLA AND ADDITIONS as per Plat recorded in Plat Book 1, Page 6, of the Public Records of Highlands County, Florida, lying in Section 16, Township 33 South, Range 28 East, Highlands County, Florida:
Commence at the Northeast corner of Section 16; thence run South 89 degrees 47 minutes 47 seconds West and along the North line of said Section, a distance of 123.02 feet to a point on the West right of way line of U.S. Hwy. No. 27; thence South 0 degrees 03 minutes 29 seconds West and along said right of way line a distance of 590.00 feet; thence South 89 degrees 47 minutes 47 seconds West a distance of 210.00 feet for POINT OF BEGINNING; thence continue South 89 degrees 47 minutes 47 seconds West, a distance of 50.00 feet for end of description.
Easement being a portion of LAKEWOOD VILLA AND ADDITIONS as per Plat recorded in Plat Book 1, Page 6, of the Public Records of Highlands County, Florida, lying in Section 16, Township 33 South, Range 28 East, Highlands County, Florida:
Commence at the Northeast corner of Section 16; thence run South 89 degrees 47 minutes 47 seconds West and along the North line of said Section a distance of 123.02 feet to a point on the West right of way line of U.S. Hwy. No. 27; thence South 0 degrees 03 minutes 29 seconds West and along said right of way line a distance of 590.00 feet; thence South 89 degrees 47 minutes 47 seconds West a distance of 350.00 feet for POINT OF BEGINNING; thence continue South 89 degrees 47 minutes 47 seconds West, a distance of 50.00 feet for end of description.
Being the Easements shown as Easement “AA” and Easement “BB” on the Survey by Gary L. Germaine, P.L.S., described above.
TOGETHER WITH ALL EASEMENTS IN FAVOR OF THE ABOVE DESCRIBED PROPERTY CONTAINED IN THAT CERTAIN DECLARATION OF COVENANTS, EASEMENTS, CONDITIONS AND RESTRICTIONS FOR THE SHOPPES AT AVON PARK, AVON PARK, HIGHLANDS COUNTY, FLORIDA, DATED OCTOBER 12, 1990, RECORDED IN THE OFFICIAL PUBLIC RECORDS OF HIGHLANDS COUNTY, FLORIDA.
PARCEL 3
OVERALL DESCRIPTION:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 SOUTH, RANGE 30 EAST, HIGHLANDS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE WHERE THE EAST LINE OF THE NORTHWEST QUARTER INTERSECTS THE SOUTH RIGHT OF WAY LINE OF STATE ROAD NO. 29; THENCE NORTH 89°46'50” WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID STATE ROAD NO. 29 FOR A DISTANCE OF 1083.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°46'50” WEST ALONG SAID SOUTH RIGHT OF WAY LINE FOR A DISTANCE OF 753.32 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27; THENCE SOUTH 24°51'38: EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 450.00 FEET TO A POINT; THENCE NORTH 80°20'00” EAST, FOR A DISTANCE OF 107.91 FEET TO A POINT; THENCE NORTH 87°00'00” EAST, FOR A DISTANCE OF 218.15 FEET TO A POINT; THENCE NORTH 50°00'00” EAST, FOR A DISTANCE OF 166.49 FEET TO A POINT; THENCE NORTH 75°29'10” EAST, FOR A DISTANCE OF 115.12 FEET TO A POINT; THENCE NORTH 0°13'10” EAST, FOR A DISTANCE OF 240.01 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT (OUT PARCEL 1)
A PORTION OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 SOUTH, RANGE 30 EAST, HIGHLANDS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE WHERE THE EAST LINE OF THE NORTHWEST QUARTER INTERSECTS THE SOUTH RIGHT OF WAY LINE OF STATE ROAD NO. 29; THENCE NORTH 89°46'50” WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID STATE ROAD NO. 29 FOR A DISTANCE OF 1647.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°13'10” WEST, FOR A DISTANCE OF 125.57 FEET; THENCE SOUTH 65°08'22” WEST, FOR A DISTANCE OF 118.87 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27; THENCE NORTH 24°51'38” WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27 FOR A DISTANCE OF 194.27 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 29; THENCE SOUTH 89°46'50” EAST, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 29 FOR A DISTANCE OF 190.01 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT (PHASE TWO OUT PARCEL)
A PORTION OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 SOUTH, RANGE 30 EAST, HIGHLANDS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE WHERE THE EAST LINE OF THE NORTHWEST QUARTER INTERSECTS THE SOUTH RIGHT OF WAY LINE OF STATE ROAD NO. 29; THENCE NORTH 89°46'50” WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID STATE ROAD NO. 29 FOR A DISTANCE OF 1083.72 FEET TO A POINT; THENCE SOUTH 80°49'29” WEST, FOR A DISTANCE OF 187.36 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 21°39'59” EAST FOR A DISTANCE OF 46.59 FEET TO THE OUTSIDE OF THE EXISTING WALL OF THE FOOD LION BUILDING (NOW KASH N' KARRY); THENCE SOUTH 64°55'45” WEST, ALONG THE FACE OF SAID WALL FOR A DISTANCE OF 150.18 FEET TO A POINT; THENCE NORTH 23°53'30” WEST, FOR A DISTANCE OF 76.82 FEET TO A POINT; THENCE NORTH 63°56'47” EAST, FOR A DISTANCE OF 77.82 FEET TO A POINT; THENCE NORTH 88°11'55” EAST, 80.08 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT (PHASE THREE OUT PARCEL)
A PORTION OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 SOUTH, RANGE 30 EAST, HIGHLANDS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE WHERE THE EAST LINE OF THE NORTHWEST QUARTER INTERSECTS THE SOUTH RIGHT OF WAY LINE OF STATE ROAD NO. 29; THENCE NORTH 89°46'50” WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID STATE ROAD NO. 29 FOR A DISTANCE OF 1837.04 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27; THENCE SOUTH 24°51'38” EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 382.23 FEET TO THE POINT OF BEGINNING; THENCE NORTH 65°08'22” EAST, FOR A DISTANCE OF 118.98 FEET TO A POINT; THENCE SOUTH 26°38'10” EAST, FOR A DISTANCE OF 43.56 FEET TO A POINT; THENCE SOUTH 0°43'34” EAST, FOR A DISTANCE OF 55.59 FEET TO A POINT; THENCE SOUTH 80°20'00” WEST, FOR A DISTANCE OF 101.13 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27; THENCE NORTH 24°51'38” WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID U.S. HIGHWAY NO. 27, FOR A DISTANCE OF 67.77 FEET TO THE POINT OF BEGINNING.
EASEMENTS
TOGETHER WITH the easements rights of Cideco, Inc., under the following Easements affecting the property described:
Retention Pond and Access Easement Agreement dated December 29, 1989, between Lake Placid Camp Florida Resort, Inc., and Cideco, Inc., recorded February 16, 1990, in Official Records Book 1101, Page 761, in the Office of the Circuit Clerk of Highlands County, Florida, affecting the following two tracts of land:
A portion of Section 17, Township 37 South, Range 30 East, Highlands County, Florida, being more particularly described as follows:
Commence where the East line of the Northwest Quarter of Section 17 intersects the South right of way line of State Road No. 29; thence North 89 degrees 46 minutes 50 seconds West along said South right of way line for a distance of 1083.72 feet to the POINT OF BEGINNING; thence South 0 degrees 13 minutes 10 seconds West for a distance of 103.95 feet to a point; thence South 89 degrees 46 minutes 50 seconds East for a distance of 72.0 feet to a point; thence North 0 degrees 13 minutes 10 seconds East for a distance of 103.95 feet to a point on said South right of way line of State Road No. 29; thence North 89 degrees 46 minutes 50 seconds West along said South right of way line for a distance of 72.0 feet to the POINT OF BEGINNING.
Being the easement shown as Easement #1 on the Survey of William K. Aliff, Registered Land Surveyor, dated September 11, 1989, and revised January 4, 1990.
A portion of Section 17, Township 37 South, Range 30 East, Highlands County, Florida, being more particularly described as follows:
Commence where the East line of the Northwest Quarter intersects the South right of way line of State Road No. 29; thence North 89 degrees 46 minutes 50 seconds West along said South right of way line for a distance of 1083.72 feet to a point; thence South 0 degrees 13 minutes 10 seconds West for a distance of 108.95 feet to the POINT OF BEGINNING; thence continuing South 0 degrees 13 minutes 10 seconds West for a distance of 131.06 feet to a point on a circular curve concave to the Southeast not tangent to the last described course and having a radius of 377.51 feet, a central angle of 13 degrees 03 minutes 45 seconds and a chord bearing of North 82 degrees 01 minutes 02 seconds East; thence along the arc of said curve for an arc distance of 86.07 feet to a point; thence North 0 degrees 13 minutes 10 seconds East on a line not tangent to the last described curve for a distance of 118.81 feet to a point; thence North 59 degrees 46 minutes 50 seconds West for a distance of 85.00 feet to the POINT OF BEGINNING.
Being the Easement shown as Easement #4 on the Survey of William K. Aliff, Registered Land Surveyor, described above.
Driveway Easement Agreement, dated December 29, 1989, between Lake Placid Camp Florida Resort, Inc., and Cideco, Inc., recorded February 16, 1990, in Official Records Book 1101, Page 772, in the Office of the Circuit Clerk of Highlands County, Florida, affecting the following two tracts of land:
A portion of the Northwest Quarter of Section 17, Township 37 South, Range 30 East, Highlands County, Florida, more particularly described as follows:
Commence where the East line of the Northwest Quarter intersects the South right of way line of State Road No. 29; thence North 89 degrees 46 minutes 50 seconds West along said right of way line for a distance of 1,837.04 feet to a concrete monument on the Easterly right of way line of U.S. Highway No. 27; thence South 24 degrees 51 minutes 38 seconds East along said Easterly right of way line for a distance of 530.01 feet to the POINT OF BEGINNING; thence North 67 degrees 01 minutes 42 seconds East for a distance of 66.74 feet to the Point of Curvature of a circular curve to the right having a radius of 100.0 feet, a central angle of 18 degrees 51 minutes 59 seconds and a chord bearing of North 76 degrees 27 minutes 42 seconds East; thence along said curvature for an arc distance of 32.93 feet to the Point of Tangency; thence North 85 degrees 53 minutes 40 seconds East for a distance of 15.64 feet to a point; thence North 4 degrees 06 minutes 20 seconds West for a distance of 57.71 feet to a point; thence South 87 degrees 00 minutes 00 seconds West for a distance of 24.00 feet to a point; thence South 4 degrees 06 minutes 20 seconds East for a distance of 7.93 feet to a point on a circular curve concave to the Southeast and having a radius of 150.0 feet, a central angle of 15 degrees 41 minutes 27 seconds and a chord bearing of South 74 degrees 52 minutes 25 seconds West; thence along said curvature for an arc distance of 41.08 feet to the Point of Tangency; thence South 67 degrees 01 minutes 42 seconds West for a distance of 68.39 feet to a point on the Easterly right of way line of U.S. Highway No. 27; thence South 24 degrees 51 minutes 38 seconds East for a distance of 50.03 feet to the POINT OF BEGINNING.
Being the Easement shown as Easement #7 on the Survey of William K. Aliff, Registered Land Surveyor, described above.
A portion of the Northwest Quarter of Section 17, Township 37 South, Range 30 East, Highlands County, Florida, more particularly described as follows:
Commence where the East line of the Northwest Quarter intersects the South right of way line of State Road No. 29; thence North 89 degrees 46 minutes 50 seconds West along said right of way line for a distance of 1,837.04 feet to a concrete monument on the Easterly right of way line of U.S. Highway No. 27; thence South 24 degrees 51 minutes 38 seconds East along said Easterly right of way line for a distance of 530.01 feet to a point; thence North 67 degrees 01 minutes 42 seconds East for a distance of 66.74 feet to the Point of Curvature of a circular curve to the right having a radius of 100.0 feet, a central angle of 18 degrees 51 minutes 59 seconds and a chord bearing of North 76 degrees 27 minutes 42 seconds East; thence along said curvature for an arc distance of 32.93 feet to the Point of Tangency; thence North 85 degrees 53 minutes 40 seconds East for a distance of 15.64 feet to the POINT OF BEGINNING; thence continue North 85 degrees 53 minutes 40 seconds East for a distance of 139.30 feet to the Point of Curvature of a circular curve to the left having a radius of 192.67 feet, a central angle of 35 degrees 22 minutes 27 seconds and a chord bearing of North 68 degrees 12 minutes 27 seconds East; thence along said curvature for an arc distance of 123.31 feet to the Point of Tangency; thence North 39 degrees 28 minutes 47 seconds West, radial to the last described curve, for a distance of 53.03 feet to a point; thence South 50 degrees 00 minutes 00 seconds West for a distance of 28.02 feet to a point on a circular curve concave to the Northwest and not tangent to the last described course; thence along said curvature having a radius of 142.67 feet, a central angle of 24 degrees 02 minutes 59 seconds and a chord bearing of South 73 degrees 52 minutes 11 seconds West, for an arc distance of 59.89 feet to the Point of Tangency; thence South 85 degrees 53 minutes 40 seconds West for a distance of 139.30 feet to a point; thence South 4 degrees 06 minutes 20 seconds East for a distance of 50.00 feet to the POINT OF BEGINNING.
Being the Easement shown as Easement #8 on the Survey of William K. Aliff, Registered Land Surveyor, described above.
Together with all easements in favor of the above described property contained in that certain Declaration of Covenants, Easements, Conditions and Restrictions for the Shoppes At Lake Placid, Lake Placid, Highlands County, Florida, dated October 12, 1990, recorded in the Official Public Records of Highlands County, Florida.
Exhibit B
(Description of Property
other than Real Property
listed in Exhibit A)
A. All that certain real property referenced on Exhibits A and incorporated herein by this reference (the “Real Estate”), together with all of the easements, rights, privileges, franchises, tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in any way appertaining and all of the estate, right, title, interest, claim and demand whatsoever of Borrower therein or thereto, either at law or in equity, in possession or in expectancy, now or hereafter acquired;
B. All structures, buildings and improvements of every kind and description now or at any time hereafter located or placed on the Real Estate (the “Improvements”);
C. All furniture, furnishings, fixtures, goods, equipment, inventory or personal property owned by Borrower and now or hereafter located on, attached to or used in and about the Improvements, including, but not limited to, all machines, engines, boilers, dynamos, elevators, stokers, tanks, cabinets, awnings, screens, shades, blinds, carpets, draperies, lawn mowers, and all appliances, plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposal and incinerating equipment, and all fixtures and appurtenances thereto, and such other goods and chattels and personal property owned by Borrower as are now or hereafter used or furnished in operating the Improvements, or the activities conducted therein, and all building materials and equipment hereafter situated on or about the Real Estate or Improvements, and all warranties and guaranties relating thereto, and all additions thereto and substitutions and replacements therefor (exclusive of any of the foregoing owned or leased by tenants of space in the Improvements);
D. All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, air rights and other development rights now or hereafter located on the Real Estate or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in any way belonging, relating or appertaining to the Real Estate and/or Improvements or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Borrower;
E. All water, ditches, wells, reservoirs and drains and all water, ditch, well, reservoir and drainage rights which are appurtenant to, located on, under or above or used in connection with the Real Estate or the Improvements, or any part thereof, whether now existing or hereafter created or acquired;
F. All minerals, crops, timber, trees, shrubs, flowers and landscaping features now or hereafter located on, under or above the Real Estate;
G. All cash funds, deposit accounts and other rights and evidence of rights to cash, now or hereafter created or held by Lender pursuant to this Mortgage or any other of the Loan Documents, including, without limitation, all funds now or hereafter on deposit in the Impound Account, as defined in Section 1.6 of the Mortgage, and in the reserves required pursuant to Section 1.28 of the Mortgage (collectively, the “Reserves”);
H All leases (including, without limitation, oil, gas and mineral leases), licenses, concessions and occupancy agreements of all or any part of the Real Estate or the Improvements now or hereafter entered into (each, a “Lease” and collectively, the “Leases”) and all rents, royalties, issues, profits, revenue, income and other benefits (collectively, the “Rents and Profits”) of the Real Estate or the Improvements, now or hereafter arising from the use or enjoyment of all or any portion thereof or from any present or future Lease or other agreement pertaining thereto or arising from any of the Contracts (as hereinafter defined) or any of the General Intangibles (as hereinafter defined) and all cash or securities deposited to secure performance by the tenants, lessees or licensees, as applicable (each, a “Tenant” and collectively, the “Tenants”), of their obligations under any such Leases, whether said cash or securities are to be held until the expiration of the terms of said Leases or applied to one or more of the installments of rent coming due prior to the expiration of said terms, subject to, however, the provisions contained in Section 1.9 of the Mortgage;
I. All contracts and agreements now or hereafter entered into covering any part of the Real Estate or the Improvements (collectively, the “Contracts”) and all revenue, income and other benefits thereof, including, without limitation, management agreements, franchise agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Real Estate or the Improvements (including plans, drawings, surveys, tests, reports, bonds and governmental approvals) or to the management or operation of any part of the Real Estate or the Improvements and any and all warranties and guaranties relating to the Real Estate or the Improvements or any fixtures, equipment or personal property owned by Borrower and located on and/or used in connection with the Property;
J. All present and future monetary deposits given to any public or private utility with respect to utility services furnished to any part of the Real Estate or the Improvements;
K. All present and future funds, accounts, instruments, accounts receivable, documents, causes of action, claims, general intangibles (including without limitation, trademarks, trade names, servicemarks and symbols now or hereafter used in connection with any part of the Real Estate or the Improvements, all names by which the Real Estate or the Improvements may be operated or known, all rights to carry on business under such names, and all rights, interest and privileges which Borrower has or may have as developer or declarant under any covenants, restrictions or declarations now or hereafter relating to the Real Estate or the Improvements) and all notes or chattel paper now or hereafter arising from or by virtue of any transactions related to the Real Estate or the Improvements (collectively, the “General Intangibles”);
L. All water taps, sewer taps, certificates of occupancy, permits, licenses, franchises, certificates, consents, approvals and other rights and privileges now or hereafter obtained in connection with the Real Estate or the Improvements and all present and future warranties and guaranties relating to the Improvements or to any equipment, fixtures, furniture, furnishings, personal property or components of any of the foregoing now or hereafter located or installed on the Real Estate or the Improvements;
M. All building materials, supplies and equipment now or hereafter placed on the Real Estate or in the Improvements and all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Real Estate or the Improvements,
N. All right, title and interest of Borrower in any insurance policies or binders now or hereafter relating to the Property including any unearned premiums thereon;
O. All proceeds, products, substitutions and accessions (including claims and demands therefor) of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, proceeds of insurance and condemnation awards and proceeds of refunds of any Taxes or Other Charges with respect to any period in which this Mortgage encumbers the Property;
P. All other or greater rights and interests of every nature in the Real Estate or the Improvements and in the possession or use thereof and income therefrom, whether now owned or hereafter acquired by Borrower;
Q. All other collateral described or otherwise referenced in the Complaint filed herein.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THIS 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.
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 12th day of September, 2011.
Matthew T. Blackshear, Esq.
Florida Bar No. 632694
Traci H. Rollins, Esq.
Florida Bar No. 769071
SQUIRE, SANDERS &
DEMPSEY (US) LLP
201 North Franklin Street, Suite 2100
Tampa, Florida 33602
Telephone: (813) 202-1300
Facsimile: (813) 202-1313
Attorneys for Plaintiff
September 16, 23, 2011 11-1879P