12-3250P

FIRST INSERTION
NOTICE of sale pursuant to chapter 45
IN THE CIRCUIT COURT OF THE 6th JUDICIAL CIRCUIT IN AND FOR PascO COUNTY, FLORIDA
CASE NO.
51-2012-CA-003269XXXXWS
BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation,
successor-in-interest to COLONIAL BANK (f/k/a Colonial Bank, N.A.), by acquisition of assets from the F.D.I.C. as Receiver for Colonial Bank,
Plaintiff, vs.
DAVID ASSOCIATES IV, LLC, a Florida limited liability company; ALFRED N. MARULLI, JR.; BARBARA MARULLI, et als.;
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Agreed Uniform Final Judgment of Foreclosure dated the 29th day of August, 2012, entered in Case No. 51-2012-CA-003269XXXXWS of the Circuit Court of the 6th Judicial Circuit in and for Pasco County, Florida wherein BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, successor-in-interest to Colonial Bank (f/k/a Colonial Bank, N.A.) by acquisition of assets from the F.D.I.C. as Receiver for Colonial Bank, is the Plaintiff and DAVID ASSOCIATES IV, LLC, a Florida limited liability company, ALFRED N. MARULLI, JR., and BARBARA MARULLI, are the Defendants, the Clerk of the Circuit Court of Pasco County, Florida will sell to the highest bidder for cash in the full amount of the bid payable on the same day of sale at www.pasco.realforeclose.com, the Clerk's website for online auctions, in accordance with Section 45.031, Florida Statutes, at public sale on September 28, 2012 at 11:00 a.m., the following described property to wit:
SEE EXHIBIT “A” ATTACHED
EXHIBIT A TO NOTICE OF SALE
PARCEL 1:
A portion of Tract 9 of PORT RICHEY LAND COMPANY SUBDIVISION of Section 5, Township 26 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 further described as follows:

Commence at the Southwest corner of the NW 1/4 of said Section 5; thence run along the South line of the NW 1/4 of said Section 5, South 89Ëš28'52” East, a distance of 989.37 feet to the West line of said Tract 9; thence along the West line of said Tract 9, North 00Ëš07'19” East, a distance of 15.00 feet for a point of beginning; the same being on the North boundary of the Port Richey Land Company original 30 foot wide road right-of-way; thence continue North 00Ëš07'19” East, a distance of 200.00 feet; thence South 89Ëš28'52” East, a distance of 243.64 feet to the West right-of-way line of State Road No. 55, Section 14030 (U.S. Highway No. 19) as it is now established; thence along said West right-of-way line, South 00Ëš03'53” West, a distance of 170.01 feet, thence South 58Ëš36'01” West, a distance of 28.36 feet; thence South 00Ëš31'08” West, a distance of 15.00 feet to the North boundary line of said Port Richey Land Company original 30 foot road right-of-way; thence along the North boundary of said right-of-way, North 89Ëš28'52” West, a distance of 219.53 feet to the Point of Beginning.

PARCEL 2:
A portion of Tract 9 of PORT RICHEY LAND COMPANY SUBDIVISION of Section 5, Township 26 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 further described as follows:

Commence at the Southwest corner of the NW 1/4 of said Section 5; thence run along the South line of the NW 1/4 of said Section 5, South 89Ëš28'52” East, a distance of 989.37 feet to the West line of said Tract 9; thence along the West line of said Tract 9, North 00Ëš07'19” East, a distance of 215.00 feet for a point of beginning; thence continue North 00Ëš07'19” East, a distance of 50.00 feet; thence parallel with the South boundary of said Tract 9, South 89Ëš28'52” East, a distance of 243.59 feet to the West right-of-way line of State Road No. 55, Section 14030 (U.W. Highway No. 19) as it is now established; thence along said West right-of-way line, South 00Ëš03'53” West, a distance of 50.00 feet; thence North 89Ëš28'52” West, a distance of 243.64 feet to the Point of Beginning.

PARCEL 3:
A portion of Tract 9 of PORT RICHEY LAND COMPANY SUBDIVISION of Section 5, Township 26 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 further described as follows:

Commence at the Southwest corner of the NW 1/4 of said Section 5; thence run along the South line of the NW 1/4 of said Section 5, South 89Ëš28'52” East, a distance of 989.37 feet to the West line of said Tract 9; thence along the West line of said Tract 9, North 00Ëš07'19” East, a distance of 265.00 feet for a point of beginning; thence continue North 00Ëš07'19” East, a distance of 100.00 feet; thence parallel with the South boundary of said Tract 9, South 89Ëš28'52” East, a distance of 243.49 feet to the West right-of-way line of State Road No. 55, Section 14030 (U.S. Highway No. 19) as it is now established; thence along said West right-of-way line, South 00Ëš03'53” West, distance of 100.00 feet; thence North 89Ëš28'52” West, a distance of 243.59 feet to the Point of Beginning.
Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the Lis Pendens, must file a claim within 60 days after the sale.
In accordance with the Americans With Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact Dade City (352) 521-4274, Ext. 8110; New Port Richey (727) 847-8100; TDD 1-800-955-8771 via Florida Relay Service; no later than seven (7) days prior to any proceeding.
Dated September 7, 2012
By: Howard S. Toland, Esq.
FL Bar No. 377546
Attorney for Plaintiff:
HOWARD S. TOLAND, ESQUIRE
2400 North Commerce Parkway #302
Weston, FL 33326
(954) 335-1010/ (954) 335-1017
[email protected]/
[email protected]
September 14, 21, 2012 12-3250P