-
-
Loading
Loading
FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
Case No.: 51-2011-CA-003645-ES
HANCOCK BANK, as successor in interest to PEOPLES FIRST COMMUNITY BANK,
Plaintiff, v.
SOUTHPOINT DEVELOPMENT GROUP, LLC; EUGENE PALY, individually; PAVEL PALY, individually; NIKOLAY PALY, individually; ROYAL FOAM, INC., a Florida corporation; ACE DESIGN STUCCO, INC., a Florida corporation; and VLADIMIR MOROZOV, individually,
Defendants.
NOTICE IS HEREBY GIVEN that on the 9th day of April, 2013, at 11:00 a.m., through the Courthouse of Pasco County, Florida, at www.pasco.realforeclose.com, in accordance with Chapter 45 Florida Statues, the undersigned Clerk will offer for sale the following described real property:
Commence at the South 1/4 Corner of Section 10, Township 26 South, Range 20 East, Pasco County, Florida; thence North 00 degrees 18 minutes 14 seconds East, 600.31 feet to the Northerly right of way of State Road No. 54; thence South 64 degrees 18 minutes 17 seconds East, along said right of way, 971.57 feet to a Point of Intersection with the Easterly right of way line of Ronnoch Boulevard as per plat of Aberdeen, Phase One, recorded in Plat Book 41, on Page(s) 133 through 140, inclusive, of the Public Records of Pasco County, Florida; and the Point of Beginning; thence along said Easterly right of way line 38.17 feet on the arc of a curve to the right, having a radius of 25.0 feet, subtended by a chord distance of 34.57 feet, bearing North 20 degrees 33 minutes 52 seconds West, to a point of reverse curve; thence 121.13 feet along the arc of a curve to the left, having a radius of 299.62 feet, subtended by a chord distance of 120.31 feet, bearing North 11 degrees 35 minutes 38 seconds East to a point of tangency; thence North 00 degrees 01 minutes 09 seconds East, 279.62 feet to a Point of Curvature; thence 61.65 feet along the arc of a curve to the right, having a radius of 175.0 feet, subtended by a chord distance of 61.33 feet, bearing North 10 degrees 06 minutes 42 seconds East to a Point on the Southerly Boundary of said Aberdeen Phase One; thence South 64 degrees 18 minutes 06 seconds East, along said Southerly Boundary a distance of 329.39 feet; thence South 00 degrees 18 minutes 14 seconds West, 499.96 feet to a Point on the Northerly right of way line of State Road No. 54; thence North 64 degrees 18 minutes 17 seconds West along said Northerly right of way line, a distance of 351.86 feet to the Point of Beginning.
LESS
Description: Commence at the South 1/4 Corner of Section 10, Township 26 South, Range 20 East, Pasco County, Florida; thence North 00 degrees 18 minutes 14 seconds East, 600.31 feet to the Northerly right of way line of State Road No. 54; thence South 64 degrees 18 minutes 17 seconds East, along said right of way line, 971.57 feet to a Point of Intersection with the Easterly right of way line of Ronnoch Boulevard as per the plat of Aberdeen Phase One, recorded in Plat Book 41, on Pages 133 through 140, of the Public Records of Pasco County, Florida and the Point of Beginning; thence along said Easterly right of way line 38.17 feet on the arc of a curve to the right, having a radius of 25.0 feet, subtended by a chord distance of 34.57 feet, bearing North 20 degrees 33 minutes 52 seconds West, to a point of reverse curve; thence 9.12 feet along the arc of a curve to the left, having a radius of 299.62 feet, subtended by a chord distance of 9.11 feet, bearing North 22 degrees 18 minutes 15 seconds East; thence South 64 degrees 18 minutes 17 seconds East, a distance of 361.71 feet; thence South 00 degrees 18 minutes 14 seconds West, a distance of 36.53 feet to a point on the Northerly right of way line of State Road No. 54; thence North 64 degrees 18 minutes 17 seconds West, a distance of 351.86 feet to the Point of Beginning.
Subject to a perpetual easement for State Road No. 54 over and across the Southerly 10.0 feet thereof.
(hereinafter “Property”)
Together With
(a) Appurtenances. The benefit of all tenements, hereditaments, easements and other rights of any nature whatsoever, if any, appurtenant to the Property or the improvements, or both, the benefit of all rights-of-way, strips and gores of land, streets, alleys, passages, drainage rights, sanitary sewer and potable water rights, storm water drainage rights, rights of ingress and egress to the Property and all adjoining property, and any improvements of Southpoint Development Group, LLC (“Borrower”) now or hereafter located on any of such real property interests, water rights and powers, oil, gas, mineral and riparian and littoral rights, whether now existing or hereafter arising, together with the reversion or reversions, remainder or remainders, rents, issues, incomes and profits of any of the foregoing (the “Appurtenances”).
(b) Improvements. All buildings, structures, betterments and other improvements of any nature now or hereafter situated in whole or in part upon the Property or on the Appurtenances, regardless of whether physically affixed thereto or severed or capable of severance therefrom (the “Improvements”).
(c) Tangible Property. All of Borrower's right, title and interest, if any, in and to all fixtures, equipment and tangible personal property of any nature whatsoever that is now or hereafter (i) attached or affixed to the Property, the Appurtenances, or the Improvements, or (ii) situated upon or about the Property, the Appurtenances and/or the Improvements, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (iii) used, regardless of where situated, if used, usable or intended to be used, in connection with any present or future use or operation of or upon the Property. The foregoing includes: all goods and inventory, all heating, air conditioning, lighting, incinerating and power equipment; all engines, compressors, pipes, pumps, tanks, motors, conduits, wiring, and switchboards; all plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating, and communications and public address apparatus; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets, and partitions; all rugs, draperies and carpets; all laundry equipment; all building materials; all furniture (including, without limitation, any outdoor furniture), furnishings, office equipment and office supplies (but not including furniture, furnishings or office equipment in units used as models or sales offices); and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing. The property interests encumbered and described by this paragraph are called the “Tangible Property.”
(d) Rents. All rents, issues, incomes and profits in any manner arising from the Property, Improvements, Appurtenances or Tangible Property, or any combination thereof, including Borrower's interest in and to all leases of whatsoever kind or nature, licenses, franchises and concessions of or relating to all or any portion of the Property, Appurtenances, Improvements or Tangible Property, or the operation thereof, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations thereof. The property interests encumbered and described in this subparagraph are called the “Rents.”
(e) Secondary Financing. All of Borrower's right, power or privilege to further encumber any of the Collateral described herein, it being intended by this provision to divest Borrower of the power to encumber or to grant a security interest in any of the Collateral as security for the performance of an obligation.
(f) Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property encumbered by the Mortgage into cash or other liquidated claims, or that are otherwise payable for injury to or the taking or requisitioning of any such property, including all judgments, settlements and insurance and condemnation proceeds.
(g) Contract Rights. All of Borrower's right, title and interest in and to any and all contracts or leases, written or oral, express or implied, now existing or hereafter entered into or arising, in any matter related to the improvement, use, operation, sale, conversion or other disposition of any interest in the Property, Appurtenances, Improvements, Tangible Property or the Rents, or any combination thereof, including all tenant leases, sales contracts, reservation deposit agreements, any and all deposits, prepaid items, and payments due and to become due thereunder; and including, without limitation, contracts pertaining to maintenance, on-site security service, elevator maintenance, landscaping services, building or project management, marketing, leasing, sales and janitorial services; Borrower's interests as lessee in equipment leases, including telecommunications, computers, vending machines, model furniture, televisions, laundry equipment; and Borrower's interests in construction contracts or documents (including architectural drawings and plans and specifications relating to the Improvements, service contracts, use and access agreements, advertising contracts and purchase orders. The property interests encumbered and described in this paragraph are called the “Contract Rights.” Notwithstanding the foregoing, Hancock Bank will not be bound by any of Borrower's obligations under any of the foregoing contracts unless and until Hancock Bank elects to assume any of such contracts or leases in writing.
(h) Name. All right, title and interest of Borrower in and to all trade names, project names, logos, service marks, trademarks, goodwill, and slogans now or hereafter used in connection with the operation of the Mortgaged Property.
(i) Other Intangibles. All contract rights, commissions, money, deposits, certificates of deposit, letters of credit, documents, instruments, chattel paper, accounts, and general intangibles [as such terms from time to time are defined in the Uniform Commercial Code as adopted by the State of Florida (the “Uniform Commercial Code”)], in any manner related to the construction, use, operation, sale, conversion or other disposition (voluntary or involuntary) of the Property, Appurtenances, Improvements, Tangible Property or Rents, including all construction plans and specifications, architectural plans, engineering plans and specifications, permits, governmental or quasi-governmental approvals, licenses, utility reservations and rights to receive utility services and all rights to and under fees or charges paid by or credits granted to Borrower or on its behalf in connection with the Property, Improvements and Appurtenances, developer rights, vested rights under any Planned Unit Development or Development of Regional Impact or other project, zoning, or land use approval, insurance policies, rights of action and other choses in action.
The Property, Appurtenances, Improvements and Tangible Property are collectively referred to as the “Mortgaged Property.” The portion of the property encumbered that from time to time consists of intangible personal property, except for the Rents, is called the “Intangible Property.” The Mortgaged Property, Rents, Intangible Property and any other property interests encumbered hereby are hereinafter referred to collectively as the “Collateral.”
The aforesaid sale will be made pursuant to the Final Judgment of Foreclosure in Civil Case No. 51-2011-CA-003645-ES, now pending in the Circuit Court in Pasco County, Florida.
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 Road, New Port Richey, FL 34654; (727) 847-8110 (V) for proceedings in New Port Richey; (352) 521-4274, ext 8110 (V) for proceedings 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.
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.
Interested parties / bidders are advised that the property is being sold without any warranties or representations of any kind whatsoever as to the state of the title of the subject property, and there may be unpaid real estate taxes on the property. Interested parties / bidders are advised to do their own investigation as to the state of the title and the state of the real property taxes on the subject property.
Dated this 8th day of March, 2013.
By: JEFFRY R. JONTZ
Florida Bar No.: 133990
JEFFRY R. JONTZ
ERIC B. JONTZ
SWANN HADLEY STUMP
DIETRICH & SPEARS, P.A.
Post Office Box 1961
Winter Park, Florida 32790
Telephone: (407) 647-2777
Facsimile: (407) 647-2157
Attorneys for Plaintiff
March 15, 22, 2013 13-01241P