12-2472P

FIRST INSERTION
NOTICE OF SALE
In the CIRCUIT court OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR pasco county, florida
CASE NO.: 51-2012-CA-000941-WS
SECTION: J3
BANK OF AMERICA, N.A., as successor by merger to LASALLE BANK NATIONAL ASSOCIATION, a national banking association,
Plaintiff, v.
HIDDEN RIDGE HOLDING
COMPANY LLC, an Ohio limited liability company; VILLAS BY THE LAKE II LLC, an Ohio limited
liability company; HIDDEN RIDGE LAND COMPANY LLC, an Ohio limited liability company; and R.K.M. DEVELOPMENT CORP., a Florida corporation,
Defendants,
NOTICE IS HEREBY GIVEN that, pursuant to the Stipulated Uniform Final Judgment of Foreclosure entered in this cause on July 2, 2012 by the Circuit Court of Pasco County, Florida, the subject property located in Pasco County, Florida, and described on the attached Exhibit “A” to this Notice of Sale, will be sold at a public sale, to the highest and best bidder, for cash, at 11:00 A.M., at www.pasco.realforeclose.com on August 7, 2012.
EXHIBIT A
Parcel 1
A parcel of land being a portion of the Southeast 1/4 of Section 29, Township 25 South, Range 17 East, Pasco County, Florida, being more particularly described as follows:
Commence of the Northeast Corner of the Southeast 1/4 of Section 29, Township 25 South, Range 17 East, Pasco County, Florida; thence North 89º36'53” West, along the North line of the Southeast 1/4 of said Section 29 (being the basis of bearings for this legal description) for 736.07 feet to the point of intersection with the Northwesterly Right-of-Way line of Moon Lake Road (formerly State Road S-587) according to the State of Florida Right-of-Way Map for State Road S-587, Section 14620-2150 dated 11/04/1958; thence leaving said North line of the Southeast 1/4 of Section 29, South 34º41'06” West, along said Northwesterly Right-of-Way line of Moon Lake Road, for 1,173.24 feet; thence leaving said Northwesterly Right-of-Way line of Moon Lake Road, North 55º17'48” West, for 84.21 feet to the Westerly boundary of Proposed Right-of-Way Parcel 383, as shown on the Specific Purpose Survey of Moon Lake Road, prepared by URS Corporation Southern, dated October 2004 for a to the Point of Beginning; thence along the Westerly boundary of said Proposed Right-of-Way Parcel 383, South 34º40'40” West, for 396.43 feet; thence North 55º17'48” West, for 220.00 feet; thence North 34º40'40” East, for 396.43 feet; thence South 55º17'48” East, for 222.00 feet to the Point of Beginning.
Parcel 2
A parcel of land being a portion of the Southeast 1/4 of Section 29, Township 25 South, Range 17 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Northeast Corner of the Southeast 1/4 of Section 29, Township 25 South, Range 17 East, Pasco County, Florida; thence North 89º36'53” West, along the North line of the Southeast 1/4 of said Section 29 (being the basis of bearings for this legal description) for 736.07 feet to the point of intersection with the Northwesterly Right-of-Way line of Moon Lake Road (formerly State Road S-587) according to the State of Florida Right-of-Way Map for State Road S-587, Section 14620-2150 dated 11/04/1958; thence leaving said North line of the Southeast 1/4 of Section 29, South 34º41'06” West, along said Northwesterly Right-of-Way line of Moon Lake Road, for 1,619.67 feet; thence leaving said Northwesterly Right-of-Way line of Moon Lake Road, North 55º17'48” West, for 84.16 feet to the Westerly boundary of Proposed Right-of-Way Parcel 383, as shown on the Specific Purpose Survey of Moon Lake Road, prepared by URS Corporation Southern, dated October 2004 for a to the Point of Beginning; thence along the Westerly boundary of said Proposed Right-of-Way Parcel 383 the following two courses and distances; 1) South 34º40'40” West, 198.21 feet; 2) North 55º19'20” West, 220.00 feet; thence North 34º40'40” East, for 198.31 feet; thence South 55º17'48” East, for 220.00 feet to the Point of Beginning.
Parcel 3
A parcel of land being a portion of the South 1/2 of Section 29, Township 25 South, Range 17 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Northwest corner of the Southwest 1/4 of Section 29, Township 25, South, Range 17 East, Pasco County, Florida; thence South 89º35'36” East, along the North line of the South 1/2 of said Section 29 (being the basis of bearings for this legal description), for 460.00 feet; thence leaving said North line of the South 1/2 of Section 29, South 00º30'03” West, for 160.84 feet; thence South 89º37'00” East, for 639.25 feet; thence South 51º48'35” East, for 1,322.80 feet; thence South 00º00'00” East, for 1,034.76 feet to the Point of Beginning; thence South 79º29'57” East, for 75.03 feet; thence North 10º28'16” East, for 98.57 feet; thence North 78º40'11” East, for 538.52 feet; thence North 42º46'14” East, for 180.41 feet; thence South 04º43'34” West, for 52.64 feet; thence South 21º18'20” West, for 28.12 feet; thence South 09º21'40” East, for 15.61 feet; thence South 33º33'27” East, for 34.47 feet; thence South 27º34'21” East, for 28.39 feet; thence North 77º21'09” East, for 41.88 feet; thence South 58º06'25” East, for 26.20 feet; thence South 46º39'43” East, for 39.30 feet; thence South 43º06'42” East, for 42.61 feet; thence South 82º59'17” East, for 38.21 feet; thence South 63º38'28” East, for 29.40 feet to the point of intersection with a Westerly line of Parcel 383 (proposed Right-of-Way), according to that certain Specific Purpose Survey of Moon Lake Road, prepared by URS Corporation Southern, dated October, 2004; thence the following four (4) courses along said Westerly line of Parcel 383, (proposed Right-of-Way); (1) thence South 39º04'15” West, for 9.44 feet; (2) thence South 50º28'58” East, for 33.27 feet to the point of intersection with a non-tangent curve, concave Northwesterly; (3) thence Southwesterly along the arc of said curve, from a radial bearing of North 50º28'58” West, having a radius of 4,488.62 feet, a central angle of 04º15'51”, an arc length of 334.05 feet, and a chord bearing South 41º38'57” West, for 333.98 feet to the point of tangent; (4) thence South 43º46'52” West, for 177.42 feet; thence leaving said Westerly line of Parcel 383, (proposed Right-of-Way), North 44º20'09” West, for 287.54 feet; thence South 43º46'50” West, for 300.00 feet; thence North 44º17'24” West, for 119.76 feet; thence North 45º39'25” East, for 10.00 feet to the point of intersection with a non-tangent curve, concave Southwesterly; thence Northwesterly along the arc of said curve, from a radial bearing of South 45º39'25” West, having a radius of 1,241.00 feet, a central angle of 08º28'21”, an arc length of 183.51 feet, and a chord bearing North 48º34'46” West, for 183.34 feet to the point of intersection with a non-tangent line; thence North 00º00'00” West, for 110.00 feet to the Point of Beginning.
Together with Grant of Access and Utility Easement dated 3-30-07 recorded 4/12/07 in O.R. Book 7459 Page 1518, of the Public Records of Pasco County, Florida.
Hidden Ridge Remainder Parcel Revised
A portion of the South 1/2 of Section 29, Township 25 south, Range 17 East, Pasco County, Florida, being more particularly described as follows:
For a Point of Reference commence at the Northeast corner of the Southeast 1/4 of said Section 29; thence along the North boundary line of the South 1/2 of said Section 29, South 89º35'36” East, a distance of 460.00 feet; thence South 00º30'03” West, a distance of 160.84 feet; thence South 89º37'00” East, a distance of 639.25 feet to the Northeast corner of the Hidden Ridge, LLC Parcel as described in O.R. Book 6742, Page 1439, of the Public Records of Pasco County, Florida, for a Point of Beginning, said Point of Beginning also being on the North boundary of the Lexington Homes, Inc. Parcel as described in O.R. Book 6150, Page 1524, of the Public Records of Pasco County, Florida; thence along the North boundary of said Lexington Homes, Inc. Parcel, continue South 89º37'00” East, a distance of 2,790.25 feet to the Northwest corner of Proposed Right-of-Way Parcel 383, as shown on the Specific Purpose Survey of Moon Lake Road, prepared by URS Corporation Southern, dated October 2004; thence along the Westerly boundary of said Proposed Right-of-Way Parcel 383 the following twenty courses and distances: 1) South 00º38'26” West, 202.03 feet; 2) South 39º03'15” West, 14.50 feet; 3) South 50º56'45” East, 25.00 feet; 4) North 39º03'15” East, 45.41 feet; 5) South 85º12'19” East, 221.66 feet; 6) South 72º05'10” East, 73.38 feet to a non-tangent point of curvature; 7) Southwesterly 172.85 feet along the arc of a curve to the left, said curve having a radius of 6,100.00 feet, a central angle of 01º37'25”, and a chord bearing and distance of South 39º28'54” West, 172.85 feet; 8) South 51º19'49” East, 10.00 feet to a non-tangent point of curvature; 9) Southwesterly 424.29 feet along the arc of a curve to the left, said curve having a radius of 6,090.00 feet, a central angle of 03º59'30”, and a chord bearing and distance of South 36º40'26” West, 424.20 feet; 10) South 34º40'40” West, a distance of 700.48 feet; 11) North 55º19'20” West, 329.00 feet; 12) South 34º40'40” West, 92.50 feet; 13) South 04º45'59” East, 171.56 feet; 14) South 34º28'29” West, 185.70 feet; 15) South 08º50'50” West, 117.20 feet; 16) South 51º22'36” East, 119.73 feet; 17) South 39º04'15” West, 69.50 feet; 18) South 50º28'58” East, 33.27 feet to a non-tangent point of curvature; 19) Southwesterly 334.05 feet along the arc of a curve to the right, said curve having a radius of 4,488.62 feet, a central angle of 04º15'51”, and a chord bearing and distance of South 41º38'57” West, 333.98 feet; 20) South 43º46'52” West, a distance of 177.42 feet to the Southerly boundary of the Overall Weidemeyer Parcel as described in O.R. Book 3858, Page 1009, of the Public Records of Pasco County, Florida; thence along the Southerly boundary of the Overall Weidemeyer Parcel the following five courses and distances: 1) North 44º 20'09” West, 287.54 feet; 2) South 43º46'50” West, 300.00 feet; 3) North 44º17'24” West, 119.76 feet; 4) North 45º39'25” East, a distance of 10.00 feet to a non-tangent point of curvature; 5) Northwesterly 183.51 feet along the arc of a curve to the left to the Southeast corner of said Hidden Ridge, LLC Parcel, said curve having a radius of 1,241.00 feet, a central angle of 08º28'21”, and a chord bearing and distances of North 48º34'46” West, 183.34 feet; thence along the Easterly boundary of said Hidden Ridge, LLC Parcel the following two courses and distances 1) North, 1,144.76 geet; 2) North 51º48'35” West, 1,322.80 feet to the Point of Beginning.
LESS AND EXCEPT
A parcel of land being a portion of the Southeast 1/4 of Section 29, Township 25 South, Range 17 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Northeast Corner of the Southeast 1/4 of Section 29, Township 25 South, Range 17 East, Pasco County, Florida; thence North 89º36'53” West, along the North line of the Southeast 1/4 of said Section 29 (being the basis of bearings for this legal description) for 736.07 feet to the point of intersection with the Northwesterly Right-of-Way line of Moon Lake Road (formerly State Road S-587) according to the State of Florida Right-of-Way Map for State Road S-587, Section 14620-2150 dated 11/04/1958; thence leaving said North line of the Southeast 1/4 of Section 29, South 34º41'06” West, along said Northwesterly Right-of-Way line of Moon Lake Road, for 1,173.24 feet; thence leaving said Northwesterly Right-of-Way line of Moon Lake Road, North 55º17'48” West, for 84.21 feet to the Westerly boundary of Proposed Right-of-Way Parcel 383, as shown on the Specific Purpose Survey of Moon Lake Road, prepared by URS Corporation Southern, dated October 2004 for a to the Point of Beginning; thence along the Westerly boundary of said Proposed Right-of-Way Parcel 383, South 34º40'40” West, for 396.43 feet; thence North 55º17'48” West, for 220.00 feet; thence North 34º40'40” East, for 396.43 feet; thence South 55º17'48” East, for 220.00 feet to the Point of Beginning.
ALSO LESS AND EXCEPT
A parcel of land being a portion of the Southeast 1/4 of Section 29, Township 25 South, Range 17 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Northeast Corner of the Southeast 1/4 of Section 29, Township 25 South, Range 17 East, Pasco County, Florida; thence North 89º36'53” West, along the North line of the Southeast 1/4 of said Section 29 (being the basis of bearings for this legal description) for 736.07 feet to the point of intersection with the Northwesterly Right-of-Way line of Moon Lake Road (formerly State Road S-587) according to the State of Florida Right-of-Way Map for State Road S-587, Section 14620-2150 dated 11/04/1958; thence leaving said North line of the Southeast 1/4 of Section 29, South 34º41'06” West, along said Northwesterly Right-of-Way line of Moon Lake Road, for 1,619.67 feet; thence leaving said Northwesterly Right-of-Way line of Moon Lake Road, North 55º17'48” West, for 84.16 feet to the Westerly boundary of Proposed Right-of-Way Parcel 383, as shown on the Specific Purpose Survey of Moon Lake Road, prepared by URS Corporation Southern, dated October 2004 for a to the Point of Beginning; thence along the Westerly boundary of said Proposed Right-of-Way Parcel 383 the following two courses and distances: 1) South 34º40'40” West, 198.21 feet; 2) North 55º19'20” West, 220.00 feet; thence North 34º40'40” East, for 198.31 feet; thence South 55º17'48” East, for 220.00 feet to the Point of Beginning.
ALSO LESS AND EXCEPT
A parcel of land being a portion of the South 1/2 of Section 29, Township 25 South, Range 17 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Northwest corner of the Southwest 1/4 of Section 29, Township 25, South, Range 17 East, Pasco County, Florida; thence South 89º35'36” East, along the North line of the South 1/2 of said Section 29 (being the basis of bearings for this legal description), for 460.00 feet; thence leaving said North line of the South 1/2 of Section 29, South 00º30'03” West, for 160.84 feet; thence South 89º37'00” East, for 639.25 feet; thence South 51º48'35” East, for 1,322.80 feet; thence South 00º00'00” East, for 1,034.76 feet to the Point of Beginning; thence South 79º29'57” East, for 75.03 feet; thence North 10º28'16” East, for 98.57 feet; thence North 78º40'11” East, for 538.52 feet; thence North 42º46'14” East, for 180.41 feet; thence South 04º43'34” West, for 52.64 feet; thence South 21º18'20” West, for 28.12 feet; thence South 09º21'40” East, for 15.61 feet; thence South 33º33'27” East, for 34.47 feet; thence South 27º34'21” East, for 28.39 feet; thence North 77º21'09” East, for 41.88 feet; thence South 58º06'25” East, for 26.20 feet; thence South 46º39'43” East, for 39.30 feet; thence South 43º06'42” East, for 42.61 feet; thence South 82º59'17” East, for 38.21 feet; thence South 63º38'28” East, for 29.40 feet to the point of intersection with a Westerly line of Parcel 383 (proposed Right-of-Way), according to that certain Specific Purpose Survey of Moon Lake Road, prepared by URS Corporation Southern, dated October, 2004; thence the following four (4) courses along said Westerly line of Parcel 383, (proposed Right-of-Way); (1) thence South 39º04'15” West, for 9.44 feet; (2) thence South 50º28'58” East, for 33.27 feet to the point of intersection with a non-tangent curve, concave Northwesterly; (3) thence Southwesterly along the arc of said curve, from a radial bearing of North 50º28'58” West, having a radius on 4,488.62 feet, a central angle of 04º15'51”, an arc length of 334.05 feet, and a chord bearing South 41º38'57” West, for 333.98 feet to the point of tangent; (4) thence South 43º46'52” West, for 177.42 feet; thence leaving said Westerly line of Parcel 383, (proposed Right-of-Way), North 44º20'09” West, for 287.54 feet; thence South 43º46'50” West, for 300.00 feet; thence North 44º17'24” West, for 119.76 feet; thence North 45º39'25” East, for 10.00 feet to the point of intersection with a non-tangent curve, concave Southwesterly; thence Northwesterly along the arc of said curve, from a radial bearing of South 45º39'25” West, having a radius of 1,241.00 feet, a central angle of 08º28'21”, an arc length of 183.51 feet, and a chord bearing North 48º34'46” West, for 183.34 feet to the point of intersection with a non-tangent line; thence North 00º00'00” West, for 110.00 feet to the Point of Beginning.
Together with Grant of Access and Utility Easement dated 3/30/07 recorded in O.R. Book 7459 Page 1518, of the Public Records of Pasco County, Florida.
(a) All improvements of every nature whatsoever now of hereafter situated on the Real Estate, and all fixtures and personal property of every nature whatsoever now or hereafter owned by the Mortgagor and located on, or used in connection with the Real Estate or the improvements thereon, or in connection with any construction thereon, including all extensions, additions, improvements, betterments, renewals, substitutions and replacements to any of the foregoing and all of the right, title and interest of the Mortgagor in and to any such personal property or fixtures together with the benefit of any deposits or payments now or hereafter made on such personal property or fixtures by the Mortgagor or on its behalf (the “Improvements”);
(b) All easements, rights of way, gores of real estate, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way now or hereafter belonging, relating or appertaining to the Real Estate, and the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law as well as in equity, of the Mortgagor of, in and to the same;
(c) All rents, revenues, issues, profits, proceeds, income, royalties, Letter of Credit Rights (as defined in the Uniform Commercial Code of the State of Ohio (the “Code”) in effect from time to time), escrows, security deposits, impounds, reserves, tax refunds and other rights to monies from the Premises and/or the businesses and operations conducted by the Mortgagor thereon, to be applied against the Indebtedness (as hereinafter defined); provided, however, that the Mortgagor, so long as no Event of Default (as hereinafter defined) has occurred hereunder, may collect rent as it becomes due, but not more than one (1) month in advance thereof;
(d) All interest of the Mortgagor in all leases now or hereafter on the Premises, whether written or oral (each, a “Lease”, and collectively, the “Leases”), together with all security therefor and all monies payable thereunder, subject, however, to the conditional permission hereinabove given to the Mortgagor to collect the rentals under any such Lease;
(e) All fixtures and articles of personal property now or hereafter owned by the Mortgagor and forming a part of or used in connection with the Real Estate or the Improvements, including, but without limitation, any and all air conditioners, antennae, appliances, apparatus, awnings, basins, bathtubs, bidets, boilers, bookcases, cabinets, carpets, computer hardware and software used in the operation of the Premises, coolers, curtains, humidifiers, disposals, doors, drapes, dryers, ducts, dynamos, elevators, engines, equipment, escalators, exercise equipment, fans, fittings, floor coverings, furnaces, furnishings, furniture, hardware, heaters, humidifiers, incinerators, lighting, machinery, motors, ovens, pipes, plumbing, pumps, radiators, ranges, recreational facilities, refrigerators, screens, security systems, shades, shelving, sinks, sprinklers, stokers, stoves, toilets, ventilators, wall coverings, washers, windows, window coverings, wiring, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are or shall be attached to the Real Estate or the Improvements in any manner), it being mutually agreed that all of the aforesaid property owned by the Mortgagor and placed on the Real Estate or the Improvements, so far as permitted by law, shall be deemed to be fixtures, a part of the realty, and security for the Indebtedness; notwithstanding the agreement hereinabove expressed that certain articles of property form a part of the realty covered by this Mortgage and be appropriated to its use and deemed to be realty, to the extent that such agreement and declaration may not be effective and that any of said articles may constitute Goods (as defined in the Code), this instrument shall constitute a security agreement, creating a security interest in such goods, as collateral, in the Lender, as a Secured Party, and the Mortgagor, as Debtor, all in accordance with the Code;
(f) All of the Mortgagor's interests in General Intangibles, including Payment Intangibles and Software (each as defined in the Code) now owned or hereafter acquired and related to the Premises, including, without limitation, all of the Mortgagor's right, title and interest in and to: (i) all agreements, licenses, permits and contracts to which the Mortgagor is or may become a party and which relate to the Premises; (ii) all obligations and indebtedness owed to the Mortgagor thereunder; (iii) all intellectual property related to the Premises; and (iv) all choses in action and causes of action relating to the Premises;
(g) All of the Mortgagor's accounts now owned or hereafter created or acquired as relate to the Premises and/or the businesses and operations conducted thereon, including, without limitation, all of the following now owned or hereafter erected or acquired by the Mortgagor; (i) Accounts (as defined in the Code), contract rights book debts, notes, drafts, and other obligations or indebtedness owing to the Mortgagor arising from the sale, lease or exchange of goods or other property and/or the performance of services; (ii) the Mortgagor's rights in, to and under all purchase orders for goods, services or other property; (iii) the Mortgagor's rights to any goods, services or other property represented by any of the foregoing; (iv) monies due or to become due to the Mortgagor under all contracts for the sale, lease or exchange of goods or other property and/or the performance of services including the right to payment of any interest or finance charges in respect thereto (whether or not yet earned by performance on the part of the Mortgagor); (v) Securities, Investment Property, Financial Assets and Securities Entitlements (each as defined in the Code); (vi) proceeds of any of the foregoing and all collateral security and guaranties of any kind given by any person or entity with respect to any of the foregoing; and (vii) all warranties, guarantees, permits and licenses in favor of the Mortgagor with respect to the Premises; and
(h) All proceeds of the foregoing, including, without limitation, all judgments, awards of damages and settlements hereafter made resulting from condemnation proceeds or the taking of the Premises or any portion thereof under the power of eminent domain, any proceeds of any policies of insurance, maintained with respect to the Premises or proceeds of any sale, option or contract to sell the Premises or any portion thereof.
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 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 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.
Charles Evans Glausier, Esq.
Florida Bar Number: 37035
BUSH ROSS, P.A.
Post Office Box 3913
Tampa, FL 33601
Phone: (813) 204-6392
Fax: (813) 223-9620
Attorneys for Plaintiff
July 20, 27, 2012 12-2472P