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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
Case No. 2009 CA 006625 WS
IBERIABANK,
successor-in-interest to CENTURY BANK, FSB,
Plaintiff, v.
HERITAGE NOB HILL APARTMENTS, LC, VINCENT BEKIEMPIS and HEIDI BEKIEMPIS,
Defendants.
NOTICE is hereby given that, pursuant to a Uniform Final Judgment of Foreclosure dated July 19, 2013, in Case Number 2009-CA-006625-WS in the Circuit Court of Pasco County, Florida, the Clerk of Court will sell the property situated in Pasco County, Florida, described as:
A PORTION OF SECTIONS 14 AND 23, TOWNSHIP 24 SOUTH, RANGE 16 EAST, PASCO COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 23, TOWNSHIP 24 SOUTH, RANGE 16 EAST, PASCO COUNTY, FLORIDA; THENCE N00°06,'46”E ALONG THE WESTERLY BOUNDARY OF SAID NORTHWEST ¼ A DISTANCE OF 330.00 FEET TO THE NORTHERLY BOUNDARY OF SEA PINES UNIT TWO FIRST ADDITION AS RECORDED IN PLAT BOOK 9, PAGE 90, PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; THENCE N89°40'57”W ALONG SAID NORTHERLY BOUNDARY AND THE WESTERLY EXTENSION THEREOF A DISTANCE OF 915.27 FEET TO THE EASTERLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE FOR THE FOLLOWING TWO (2) COURSES: 1) N46°17'08”E, 806.79 FEET; 2) N39°54'12”E, 620.61 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N39°54'11”E, 108.41 FEET; THENCE S55°05'48”E, 190.11 FEET; THENCE N34°54'12”E, 80.00 FEET; THENCE S55°05'48”E, 97.53 FEET; THENCE 92.08 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 194.00 FEET, A CENTRAL ANGLE OF 27°11'41”, AND A CHORD BEARING N33°48'21”E, 91.22 FEET; THENCE N47°24'12”E, 130.00 FEET; THENCE S42°35'48”E, 78.41 FEET; THENCE 10.59 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 24°16'31”, AND A CHORD BEARING N14°41'51”E, 10.51 FEET TO A POINT OF REVERSE CURVATURE; THENCE 110.23 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 210°31'51”, AND A CHORD BEARING S72°10'29”E, 57.88 FEET; THENCE S32°54'12”E, 75.00 FEET; THENCE S57°05'48”W, 128.00 FEET; THENCE S12°05'48”W, 88.00 FEET; THENCE S55°05'48”E, 138.00 FEET; THENCE S88°00'00”E, 105.98 FEET; THENCE 113.26 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 394.00 FEET, A CENTRAL ANGLE OF 16°28'15”, AND A CHORD BEARING N01°35'37”W, 112.87 FEET; THENCE N06°38'30”E, 80.00 FEET; THENCE 357.49 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 754.00 FEET, A CENTRAL ANGLE OF 27°09'55”, AND A CHORD BEARING N20°13'27”E, 354.15 FEET; THENCE N33°48'25”E, 135.63 FEET; THENCE N89°52'03”W, 68.66 FEET; THENCE S00°07'57”W, 71.00 FEET; THENCE S81°00'00”W, 175.00 FEET; THENCE S61°30'00”W, 160.00 FEET; THENCE N28°30'00”W, 76.75 FEET; THENCE 86.13 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 164°30'10”, AND A CHORD BEARING N08°20'18”W, 59.45 FEET; THENCE N74°07'57”E, 20.13 FEET; THENCE N15°52'03”W, 80.00 FEET; THENCE N74°07'57”E, 188.00 FEET; THENCE 165.88 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 594.00 FEET, A CENTRAL ANGLE OF 16°00'00”, AND A CHORD BEARING N82°07'56”E, 165.34 FEET; THENCE S89°52'03”E, 256.15 FEET TO THE NORTHWEST CORNER OF THE VILLAS AT IRONWOOD, A CONDOMINIUM AS RECORDED IN PLAT BOOK 22, PAGE 140, PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; THENCE CONTINUE ALONG THE WESTERLY BOUNDARY THEREOF FOR THE FOLLOWING NINE (9) COURSES; 1) S00°07'57”W, 88.26 FEET; 2) S15°49'46”E, 28.00 FEET; 3) 51.82 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 186.00 FEET, A CENTRAL ANGLE OF 15°57'43”, AND A CHORD BEARING N82°09'06”E, 51.65 FEET; 4) S89°52'03”E, 145.00 FEET; 5) 181.61 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 148.50 FEET, A CENTRAL ANGLE OF 70°04'20” AND A CHORD BEARING S54°49'53”E, 170.51 FEET; 6) S19°47'43”E, 327.00 FEET; 7) S70°12'17”W, 80.00 FEET; 8) S07°48'54”E, 43.52 FEET; 9) S30°12'17”W, 587.70 FEET; THENCE DEPARTING SAID PLATTED WESTERLY BOUNDARY N89°47'43”W, 346.54 FEET; THENCE 78.49 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 106.00 FEET, A CENTRAL ANGLE OF 42°25'41”, AND A CHORD BEARING N17°58'03”W, 76.71 FEET TO A POINT OF REVERSE CURVATURE; THENCE 138.54 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 294.00 FEET, A CENTRAL ANGLE OF 26°59'57” AND A CHORD BEARING N25°40'56”W, 137.26 FEET; THENCE N12°10'57”W, 46.00 FEET; THENCE S77°49'03”W, 16.93 FEET; THENCE 208.74 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 254.00 FEET, A CENTRAL ANGLE OF 47°05'09”, AND A CHORD BEARING N78°38'23”W, 202.91 FEET; THENCE N55°05'48”W, 78.70 FEET; THENCE S34°54'12”W, 116.66 FEET; THENCE S03°39'12”W, 143.00 FEET; THENCE S27°30'00”W, 117.72 FEET; THENCE N62°30'00”W, 198.34 FEET; THENCE N03°39'12”E, 155.50 FEET; THENCE N34°54'12”E, 168.27 FEET; THENCE N55°05'48”W, 349.33 FEET TO THE POINT OF BEGINNING.
CONTAINING 932,080 SQUARE FEET OR 21.3976 ACRES, MORE OR LESS.
(the “Real Property”, “Mortgaged Property”, “Land” or “Premises”
TOGETHER WITH:
A. All structures and improvements on the Property.
B. All right, title and interest to the minerals, soil, flowers, shrubs, crops, trees, timber, emblements and other products on, under or above the Real Property, or any part or parcel thereof.
C. All right, title, interest and privileges arising under all contracts and permits entered into or obtained in connection with the development or operation of the Real Property, including by way of example and not in limitation: all development and construction permits, approvals, resolutions, variances, licenses, and franchises granted by municipal, county, state and federal governmental authorities, or any of their respective agencies; all architectural, engineering, and construction contracts; all drawings, plans, specifications and plats; and al contracts and agreements for the furnishing of utilities.
D. All interest in all utility security deposits or bonds deposited in connection with the Real Property.
E. All interest as lessor in and to all leases or rental arrangements affecting all or any part of the Real Property and all other rents and profits derived from the Real Property, all income or proceeds from the development of or economic activity upon any part of the Real Property.
F. All interest in and to any and all contracts and agreements for the sale of the Real Property, or any part thereof or any interest therein, all interest in and right to earnest money deposits made upon such contracts and agreements.
G. All land improvements to and upon the Real Property, including water, sanitary and storm sewer systems, and all related equipment and appurtenances thereto, located in, upon, over or under the Real Property.
H. All machinery, apparatus, equipment, fittings, and fixtures, whether actually or constructively attached to the Real Property, and all trade, domestic, and ornamental fixtures and articles of personal property of every kind and nature whatsoever located in, upon, over or under the Real Property, or any part thereof, and used or usable in connection with any operation or development of the Real Property, and owned or acquired, including by way of example and not in limitation: heating, air conditioning, freezing, lighting, laundry, incinerating, and power equipment, engines, pipes, wells, water filtering systems and softening devices, water heaters, pumps, tanks, and motors; all swimming pools and appurtenances thereto; all electrical and plumbing installations; all furniture, furnishings wall and floor coverings, blinds, elevators, appliances, television antennas and cables, storm and screen windows and doors, and lighting fixtures; all building materials and equipment delivered to the Real Property or stored at an off-site location which are intended to be installed on the Real Property.
I. All right, title and interest in and to all unearned premiums accrued, accruing, or to accrue under any and all insurance policies existing which covers all or any portion of the Mortgaged Property; all proceeds or sums payable for the loss of or damage to all or any portion of the Mortgaged Property; all payments received under warranties applicable to all or any portion of the Mortgaged Property; and any other amounts received in satisfaction of claims for defects in all or any portion of the Mortgaged Property.
Together with: all leases and other tenant arrangements.
Together with: all the third party contract rights, security deposits, rents, revenues of any kind or nature, issues, profits and insurance proceeds arising from the Property, all leases affecting the Property and all contracts and contract rights relative to the sale of any portion of the Property, until such time that the Note, and any advances or renewals are paid in full.
Together with:
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the Property and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever, located in, upon or under the Property including, but not limited to all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment, engines, pipes, pumps, tanks, motors, conduits, switchboards, plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus, boilers, ranges, furnaces, oil burners or units thereof, appliances, air-cooling and air-conditioning apparatus, vacuum cleaning systems, elevators, escalators, shades, awnings, screens, storm doors and windows, stoves, wall beds, refrigerators, attached cabinets, partitions, ducts and compressors, rugs and carpets, draperies, furniture and furnishings, together with all building materials and equipment delivered to the Property and intended to be installed therein, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wall board, cabinets, nails, sinks, toilets, furnaces, refrigerating, cooking, heating and ventilating appliances and equipment and intangible property; together with all proceeds, additions and accessions thereto and replacements thereof, including after acquired property.
All of the water, sanitary and storm sewer systems located in, upon or under the Property, including but not limited to all water mains, service laterals, hydrants, valves and appurtenances, and all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All rights, title and interest in and to the materials, soil, flowers, shrubs, crops, tree, timber and other emblements in, upon or under the Property.
All paving for streets, roads, walkways or entrance ways owned and located on the Property.
All interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof, made and entered into, and in and to all leases or rental arrangements made and entered into, together with all rents, together with any and all guaranties of such leases or rental arrangements and including all security deposits and advance rentals, and any and all assignments of rent with respect to the Property or any part thereof.
Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise or the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of or decrease in the value of the Property.
All of the right, title and interest in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies pursuant to the terms of the security agreements, and all proceeds or sums payable for the loss or damage to (a) the Property or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon or operation of the Property, and all of Debtor's right, title and interest in and to any and all governmental licenses, permits, approvals, allocations and similar matters and documents obtained in connection with said development, construction and operation of the Property.
All right, title and interest in and to all trade names, names of business or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Property.
All of Debtor's interest in all utility security deposits or bonds with respect to the Property or any part or parcel thereof.
Property Address: Has not yet been assigned by the county.
at Public Sale, to the highest and best bidder for cash, at the www.pasco.realforeclose.com at 11:00 a.m. on the 28th day of October, 2013.
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 ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PUBLIC INFORMATION DEPT., PASCO COUNTY GOVERNMENT CENTER, 7530 LITTLE RD., NEW PORT RICHEY, FL 34654; (727) 847-8110 (V) IN NEW PORT RICHEY; (352) 521-4274, EXT 8110 (V) IN DADE CITY, AT LEAST 7 DAYS BEFORE YOUR SCHEDULED COURT APPEARANCE, OR IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME BEFORE THE SCHEDULED APPEARANCE IS LESS THAN 7 DAYS; IF YOU ARE HEARING IMPAIRED CALL 711. THE COURT DOES NOT PROVIDE TRANSPORTATION AND CANNOT ACCOMMODATE FOR THIS SERVICE. PERSONS WITH DISABILITIES NEEDING TRANSPORTATION TO COURT SHOULD CONTACT THEIR LOCAL PUBLIC TRANSPORTATION PROVIDERS FOR INFORMATION REGARDING TRANSPORTATION SERVICES.
Dated: July 29, 2013.
By Steven J. Chase
Florida Bar No. 210277
Meghan O. Serrano
Florida Bar No. 0053124
SHUMAKER, LOOP
& KENDRICK, LLP
240 South Pineapple Avenue
Post Office Box 49948
Sarasota, Florida 34230-6948
(941) 366-6660/
(941) 366-3999 facsimile
[email protected] (Primary email)
[email protected]
(Secondary email)
Attorneys for Plaintiff
I66611-138883
August 2, 9, 2013 13-03138P