12-4627P

FIRST INSERTION
AMENDED Notice of
FORECLOSURE Sale
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR PASCO COUNTY
CIRCUIT CIVIL CASE NO. 51-2011-CA-3597-WS/J3
TANDY LOANCO, LLC, a Delaware limited liability company, as Trustee of the Biel LoanCo Grantor Trust I, a Grantor Trust established
pursuant to Grantor Trust
Agreement and Declaration of Trust dated as of January 19, 2011, as successor in interest to Whitney National Bank,
Plaintiff, v.
BARRISTER WEST, INC., a Florida corporation; et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order to Reschedule Foreclosure Sale entered November 28, 2012, and the Final Judgment of Foreclosure as to Counts I and II, entered October 8, 2012, in Case No. 51-2011-CA-3597-WS/J3 of the Circuit Court for Pasco County, Florida, the Office of Paula S. O'Neil, Clerk of the Circuit Court will sell to the highest and best bidder for cash, at 11:00 a.m. at www.pasco.realforeclose.com on the 21st day of December, 2012, the following described property as set forth in said Final Judgment of Foreclosure as to Counts I and II:
A portion of the East 1/2 of Tract 25 of PORT RICHEY LAND COMPANY'S SUBDIVISION of Section 35, Township 25 South, Range 16 East, Pasco County, Florida, as shown on the plat recorded in Plat Book 1, Pages 60 and 61 of the Public Records of Pasco County, Florida, and a portion of Block “D”, BLUEBERRY HILLS ESTATES, as shown on the plat recorded in Plat Book 5, Page 125, of the Public Records of Pasco County, Florida, all being further described as follows:
Commence at the Northeast corner of the Northwest 1/4 of said Section 35; thence along the East boundary line of the Northwest 1/4 of said Section 35, S00°06'42”E, a distance of 1311.17 feet to the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 35, the same being the Northeast corner of said Tract 25; thence along the South boundary line of the Northeast 1/4 of the Northwest 1/4 of said Section 35, the same being the North boundary line of said Tract 25, N89°45'45'W, a distance of 60.00 feet to the Westerly right-of-way line of County Road No. 1 (Little Road) as described in Official Records Book 1769, Page 1262 of the Public Records of Pasco County, Florida for a POINT OF BEGINNING; thence along the Westerly Right-of-Way line of said County Road No. 1 (Little Road), S01°38'09”W, a distance of 327.94 feet to the South boundary line of said Tract 25; thence along the South boundary line of said Tract 25, N89°48'41”W, a distance of 592.94 feet to the Southwest corner of the East 1/2 of said Tract 25; thence along the West boundary line of the East 1/2 of said Tract 25, N00°07'49”W, a distance of 328.36 feet to the North boundary line of said Tract 25; thence along the North boundary line of said Tract 25, N89°45'45”W, a distance of 179.96 feet to a point 250 feet East of the West boundary line of Block “D”; thence parallel with and 250 feet East of the West boundary line of said Block “D”, N00°06'42”W, a distance of 210.04 feet to the South boundary line of the North 204 feet of said Block “D”; thence along the South boundary line of the North 204 feet of said Block “D”, S89°34'01”E, a distance of 200.01 feet to the West boundary line of the East 610 feet of said Block “D”, thence along the West boundary line of the East 610 feet of said Block “D”, S00°06'42”E, a distance of 52.00 feet to the South boundary line of the North 256 feet of said Block “D”, thence along the South boundary line of the North 256 feet of said Block “D”, S89°34'01” E, a distance of 210.01 feet to the West boundary line of the East 400 feet of said Block “D”; thence along the West boundary line of the East 400 feet of said Block “D”, S00°06'42” E, a distance of 27.00 feet to the South boundary line of the North 283 feet of said Block “D”; thence along the South boundary line of the North 283 feet of said Block “D”, S89°34'01”E, a distance of 100.00 feet to the West boundary line of the East 300 feet of said Block “D”; thence along the West boundary line of the East 300 feet of said Block “D” S00°06'42”E, a distance of 7.00 feet to the South boundary line of the North 290 feet of said Block “D”; thence along the South boundary line of the North 290 feet of said Block “D”, S89°34'01”E, a distance of 100.00 feet to the West boundary line of the East 200 feet of said Block “D” thence along the West boundary line of the East 200 feet of said Block “D”, S00°06'42”E, a distance of 65.00 feet to the South boundary line of the North 355 feet of said Block “D”; thence along the South boundary line of the North 355 feet of said Block “D”, S89°34'01”E, a distance of 173.01 feet to the Westerly right-of-way line of said County Road No. 1 (Little Road); thence along the Westerly right-of-way line of said County Road No. 1 (Little Road), S00°06'42”E, a distance of 56.36 feet to the POINT OF BEGINNING.
Property Address: 7701 Little Road, New Port Richey, Florida 34654
TOGETHER WITH:
(a) all property of Barrister West, Inc. or in which Barrister West, Inc. has an interest that is now or hereafter on deposit with, in the possession of, under the control of or held by Secured Party, including, without limitation, all cash, deposit accounts, including without limitation the Two Hundred Thousand and No/00 ($200,000.00) Dollar certificate of deposit referenced in the Construction Loan Agreement between Barrister West, Inc. and Secured Party, funds on deposit, stocks, bonds, treasury obligations, and other securities, investment property, financial assets, securities accounts, notes, documents, instruments, certificates of deposit, items, chattel paper, and other property (except IRA, pension, and other tax-deferred retirement accounts);
(b) all accounts, inventory, equipment, machinery, fixtures and furniture, now or hereafter owned by Barrister West, Inc. and located on the property described above, together with all property added to or substituted for any of the foregoing, and all interest, dividends, income, fruits, returns, accessions, profits, corporate distributions (including, without limitation, stock splits and stock dividends), products and proceeds of any of the foregoing; and
(c) all general intangibles, all documents, including without limitation, all Plans and Specifications and all other contract rights, construction contracts, architectural contracts, plans and renderings, engineering contracts and reports, design specifications, payment and performance bonds, licenses, permits, county and city approvals relating in any way to or usable in connection with the construction, use, occupancy, operations, ownership or maintenance of the property described above, and all accessions to, substitutions and replacements for, rents, increases and profits, proceeds and products of each of the items listed above, including, without limitation, proceeds of insurance policies insuring the Additional Collateral. The terms “accounts,” “instruments,” “account Barrister West, Inc.,” “documents,” “equipment,” “general intangibles,” “inventory,” “chattel paper,” “investment property,” “deposit accounts,” “securities accounts,” “financial assets” and “proceeds” shall have the meanings provided in the Florida Uniform Commercial Code.
**ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (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 the individual or agency sending notice no later than seven (7) days prior to the proceeding. If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, Via Florida Relay Service.
GERALD D. DAVIS
Florida Bar No. 764698
Trenam, Kemker, Scharf,
Barkin, Frye, O'Neill & Mullis, P.A.
200 Central Avenue, Suite 1600
St. Petersburg, FL 33701
727/896-7171/FAX 727-822-8048
Primary Email: [email protected]
Secondary Email:
[email protected];
[email protected]
ATTORNEYS FOR PLAINTIFF, BIEL REO, LLC
December 7, 14, 2012 12-4627P