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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 51-2012-CA-02682-ES
CADENCE BANK, N.A.
Plaintiff, v.
HOGAN SUNCOAST III, LLC, a Florida limited liability company; et al.,
Defendants.
Notice is hereby given that, pursuant to the Uniform Final Judgment of Foreclosure, entered in this cause on June 3, 2013, the Clerk of this Court will sell the real and personal property (collectively, the “Property”) situated in Pasco County, Florida, described as:
“Lot 3, Northpointe Village”:
A tract of land being part of Section 30, Township 26 South, Range 18 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Section 30, Township 26 South, Range 18 East, Pasco County, Florida; thence N.00°19'12”E. along the East boundary of said Section 30, a distance of 2,312.31 feet to the Southerly right-of-way line of State Road 54; thence along said right-of-way line S.65°12'35”W., a distance of 2,269.68 feet for a Point of Beginning; thence departing said right-of-way line S.24°55'14”E., a distance of 112.68 feet; thence N.65°04'04”E., a distance of 32.16 feet; thence S.24°50'10”E., a distance of 112.13 feet; to an intersection with a non tangent curve to the left; thence 19.53 feet along the arc of said curve having a radius of 33.50 feet, a central angle of 33°24'36”, a chord of 19.26 feet which bears S.48°42'34”W.; thence S.65°12'35”W., a distance of 255.10 feet; thence N.69°47'25”W., a distance of 23.94 feet; thence N.65°12'35”E., a distance of 61.13 feet; thence N.24°47'27”W., a distance of 88.14 feet; thence S.65°12'35”W., a distance of 7.41 feet; thence N.24°47'45”W., a distance of 84.64 feet; thence S.65°12'35”W., a distance of 56.67 feet; thence N.24°47'25”W., a distance of 40.50 feet to the Southerly right-of-way line of State Road 54; thence along said right-of-way line N.65°12'35”E., a distance of 260.95 feet to the Point of Beginning.
“Lot 5, Northpointe Village”:
A tract of land being part of Section 30, Township 26 South, Range 18 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Section 30, Township 26 South, Range 18 East, Pasco County, Florida; thence N.00°19'12”E. along the East boundary of said Section 30, a distance of 2,312.31 feet to the Southerly right-of-way line of State Road 54; thence along said Southerly right-of-way line S.65°12'35”W., a distance of 2,771.99 feet to its intersection with the Easterly right-of-way line of State Road 589; thence along said right-of-way line the following two (2) courses: (1) S.06°34'28”W., a distance of 72.74 feet; (2) S.27°25'02”E., a distance of 105.75 feet for a Point of Beginning; thence departing said Easterly right-of-way line, N.62°26'40”E., a distance of 40.31 feet; thence N.27°17'04”W., a distance of 59.36 feet; thence N.64°48'21”E., a distance of 174.57 feet; thence S.24°11'32”E., a distance of 113.97 feet to the point of curvature of a non tangent curve to the left; thence 95.29 feet along the arc of said curve, having a radius of 44.45 feet, a central angle of 122°50'00” and a chord of 78.06 feet which bears S.24°47'08”E.; thence S.25°25'56”E., a distance of 74.17 feet; thence S.65°13'00”W., a distance of 29.51 feet; thence S.24°47'25”E., a distance of 110.50 feet; thence S.65°12'35”W., a distance of 121.90 feet; thence S.26°48'49”E., a distance of 66.92 feet; thence S.63°11'11”W., a distance of 38.90 feet to an intersection with the Easterly right-of-way line for State Road 589; thence along said Easterly right-of-way line the following three (3) courses: (1) N.27°25'50”W., a distance of 55.66 feet; (2) N.31°10'15”W., a distance of 97.66 feet; (3) N.27°25'02”W., a distance of 230.04 feet to the Point of Beginning.
“Lot 7, Northpointe Village”:
A tract of land being part of Section 30, Township 26 South, Range 18 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Section 30, Township 26 South, Range 18 East, Pasco County, Florida; thence N.00°19'12”E. along the East boundary of said Section 30, a distance of 2,312.31 feet to the Southerly right-of-way line of State Road 54; thence along said right-of-way line S.65°12'35”W., a distance of 2,771.99 feet to its intersection of the Easterly right-of-way line of State Road 589; thence along said right-of-way line the following four (4) courses: (1) S.06°34'28”W., a distance of 72.74 feet; (2) S.27°25'02”E., a distance of 335.80 feet; thence (3) S.31°10'15”E., a distance of 97.66 feet; thence (4) S.27°25'50”E., a distance of 126.84 feet; thence departing said right of way line N.52°48'12”E., a distance of 311.54 feet; thence N.28°47'23”W., a distance of 9.60 feet; thence N.62°37'09”E., a distance of 14.38 feet; thence N.28°28'09”E., a distance of 16.32 feet; thence N.32°28'13”W., a distance of 30.71 feet for a Point of Beginning; thence continue N.32°28'13”W., a distance of 22.20 feet; thence S.65°12'35”W., a distance of 22.50 feet; thence N.24°47'25”W., a distance of 18.00 feet; thence S.65°12'35”W., a distance of 27.00 feet; thence N.24°47'25”W., a distance of 18.00 feet; thence N.65°12'35”E., a distance of 42.00 feet; thence N.24°47'25”W., a distance of 142.70 feet; thence S.65°29'35”W., a distance of 111.61 feet to an intersection with a non tangent curve to the left, thence 39.84 feet along the arc of said curve, having a radius of 44.45 feet, a central angle of 51°21'02”, a chord of 38.52 feet which bears N.39°49'04”E.; thence N.65°12'35”E., a distance of 282.37 feet to the point of curvature of a non tangent curve to the left, thence 19.52 feet along the arc of said curve, having a radius of 33.50 feet, a central angle of 33°23'31”, a chord of 19.25 feet, which bears N.81°54'19”E.; thence S.24°47'25”E., a distance of 226.29 feet; thence N.76°47'39”W., a distance of 19.59 feet; thence S.65°12'35”W., a distance of 138.47 feet; thence S.80°10'22”W., a distance of 7.75 feet; thence S.65°12'35”W., a distance of 52.14 feet to the Point of Beginning.
TOGETHER WITH non-exclusive easements for the benefit of the above described parcels as created by and set forth in that certain Declaration of Covenants, Conditions and Restrictions recorded in Official Records Book 6083, Page 1951, as modified by Supplement No. 1 to Declaration of Covenants, Conditions and Restrictions recorded in Official Records Book 6083, Page 1986; Supplement No. 2 to Declaration of Covenants, Conditions and Restrictions recorded in Official Records Book 6869, Page 716; Amendment to Supplement No. 2 to Declaration of Covenants, Conditions and Restrictions recorded in Official Records Book 7258, Page 681; Second Amendment to Supplement No. 2 to Declaration of Covenants, Conditions and Restrictions recorded in Official Records Book 7304, Page 1542; and Third Amendment to Supplement No. 2 to Declaration of Covenants, Conditions and Restrictions recorded in Official Records Book 7339, Page 528 and Fourth Amendment to Supplement No. 2 to Declaration of Covenants, Conditions and Restrictions recorded in Official Records Book 7890, Page 1527 and Assignment of Declarant's Rights recorded in Official Records Book 8225, Page 1709, all of the Public Records of Pasco County, Florida.
Including any and all personal property located on the property described as:
(a) All buildings, structures, and improvements of every nature whatsoever (the “Improvements”) now or hereafter situated on the real property described above (the “Land”), and all fixtures, fittings, building materials, machinery, equipment, furniture and furnishings and personal property of every nature whatsoever now or hereafter owned by the Debtor and used or intended to be used in connection with or with the operation of said Land and Improvements, including all extensions, additions, improvements, betterments, renewals, substitutions and replacements to any of the foregoing, whether such fixtures, fittings, building materials, machinery, equipment, furniture, furnishings and personal property are actually located on or adjacent to the Land or not and whether in storage or otherwise wheresoever the same may be located;
(b) All accounts (as presently or hereafter defined in the UCC), general intangibles, goods, contracts and contract rights relating to the Land and the Improvements, whether now owned or existing or hereafter created, acquired or arising, including without limitation, all construction contracts, architectural services contracts, management contracts, leasing agent contracts, purchase and sales contracts, put or other option contracts, and all other contracts and agreements relating to the construction of improvements on, or the operation, management and sale of all or any part of the Land and Improvements;
(c) Together with all easements, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, leases, subleases, licenses, rights, titles, interest, privileges, liberties, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Debtor, and the reversion and reversions, remainder and remainders, rents, issues, profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of the Debtor of, in and to the same, including but not limited to:
(i) All rents, fees, royalties, profits, issues and revenues of the Land and Improvements from time to time accruing, whether under leases or tenancies now existing or hereafter created; and
(ii) All judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the Land, Improvements or Collateral, or any part thereof, under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Land, Improvements or Collateral, or any part thereof, or to any rights appurtenant thereto, including any award for change of grade or streets. Secured Party is hereby authorized on behalf and in the name of Debtor to execute and deliver valid acquittances for, and appeal from, any such judgments or awards. Secured Party may apply all such sums or any part thereof so received, after the payment of all its expenses, including costs and reasonable attorney's fees actually incurred by Secured Party, on any of the indebtedness secured hereby in such manner as it elects, or at its option, the entire amount or any party thereof so received may be released.
(d) Any and all licenses, development permits, building permits, utility supply agreements, sewer and water discharge permits and agreements, and other licenses, permits and agreements relating to he use, development, construction, occupancy and operation of the Land and the Improvements, whether now or hereafter issued or executed, and all modifications, amendments, replacements or re-issuances of the foregoing;
(e) All proceeds and all products of any of the foregoing items or types of property described in (a)-(d) above, including, but not limited to, all insurance, contract and tort proceeds and claims, and including all inventory, accounts, chattel paper, documents, instruments, equipment, fixtures, consumer goods and general intangibles acquired with cash proceeds of any of the foregoing items or types of property described in (a) - (d) above.
at public sale, to the highest and best bidder, for cash, on July 29, 2013, at 11:00 a.m., at www.pasco.realforeclose.com in accordance with Chapter 45, Florida Statutes.
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.
AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs an accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: Public Information Dept., Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654, Phone: 727.847.8110 (voice) in New Port Richey, 352-521-4274, ext 8110 (voice) in Dade City, or 711 for the hearing impaired. Contact should be initiated at least seven days before the scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven days. The court does not provide transportation and cannot accommodate such requests. Persons with disabilities needing transportation to court should contact their local public transportation providers for information regarding transportation services.
Dated: June 13, 2013
J. MARTIN KNAUST
Florida Bar No. 84396
Primary: [email protected]
Secondary: [email protected]
ADAMS AND REESE LLP
150 Second Avenue North, Suite 1700
St. Petersburg, FL 33701
Telephone: (727) 502-8296
Facsimile: (727) 502-8950
Attorneys for Plaintiff
29825979-1
June 21, 28, 2013 13-02508P