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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.:
2013-CA-004503CAAX-ES
SECTION: J5
ESP 2013 LLC, a Delaware limited liability company
Plaintiff, vs.
DMTC, LLC, a Florida limited liability company; JDC ACQUISITIONS CORPORATION, an Alabama corporation; DALE MABRY TOWN CENTER PROPERTY OWNERS ASSOCIATION, INC., a Florida
not-for-profit corporation and THE STEWART/PERRY COMPANY, INC., a Florida corporation,
Defendants.
Notice is hereby given that, pursuant to a Uniform Final Judgment of Foreclosure entered in the above-styled cause in the Circuit Court of Pasco County, Florida, Paula S. O'Neil, the Clerk of the Sixth Judicial Circuit in and for Pasco County, Florida, will sell the Property situated in Pasco County, Florida, described as:
A portion of the East 1/2 of the Southeast 1/4 of Section 35, Township 26 South, Range 18 East, Pasco County, Florida, being more particularly described as follows:
BEGIN at the Southeast corner of said Section 35; thence N. 88°59'48” W., 921.73 feet along the South boundary of said Section 35 to the Easterly right of way line of Dale Mabry Highway, (State Road 597); thence along said Easterly right of way line the following five (5) courses and two (2) curves: thence N. 60°52'08” W., 84.85 feet; thence N. 00°46'35” E., 537.56 feet to the beginning of a curve concave Southeasterly having a radius of 1487.89 feet; thence Northeasterly 588.16 feet along the arc of said curve through a central angle of 22°38'56”, (chord bears N.,12°06'03” E,, 584.34 feet); thence N. 23°25'31” E., 209.69 feet to the beginning of a curve concave Southeasterly having a radius of 7599.44 feet; thence Northeasterly 530.54 feet along the arc of said curve through a central angle of 04°00'00”, (chord bears N. 25°25'31” E., 530.43 feet); thence N. 62°34'29” W., 3.50 feet; thence N. 27°25'31” E., 167.72 feet to the North boundary of the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of said Section 35; thence S. 88°25'47” E., 491.46 feet along said North boundary to the East boundary of the Southeast 1/4 of said Section 35; thence S. 00°18'27” W., 1974.82 feet, along said East boundary to the POINT OF BEGINNING. LESS maintained right-of-way for County Line Road. Further less and excepting that part conveyed to Target Corporation in Warranty Deed recorded in Official Records Book 7324, page 1761; that part conveyed to Fifth Third Bank recorded in Special Warranty Deed recorded in Official Records Book 7338, page 694; and that part conveyed to Dale Mabry Town Center Property Owners Association, Inc. in Special Warranty Deed recorded in Official Records Book 7627, page 1258, Public Records of Pasco County, Florida.
The above described lands now known as:
Lots 2, 3 and 4, Dale Mabry Town Center, according to the plat thereof recorded in Plat Book 63, pages 133, 134, 135 and 136, of the public records of Pasco County, Florida.
TOGETHER WITH:
(a) All that tract or parcel or parcels of land and estates located in Pasco County, Florida and more particularly described above (the “Land”);
(b) All buildings, structures, and improvements of every nature whatsoever now or hereafter situated on 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 Borrower and used or intended to be used in connection with or with the operation of said property, buildings, structures or other improvements except household goods of the Borrower not acquired with the proceeds of any amount secured hereby), including all extensions, additions, improvements, betterments, renewals, substitutions, replacements and accessions to any of the foregoing, whether such fixtures, fittings, building materials, machinery, equipment, furniture, furnishings and personal property actually are located on or adjacent to the Land or not, and whether in storage or otherwise, and wheresoever the same may be located (the “Improvements”');
(c) All accounts, general intangibles, contracts and contract rights relating to the Land and 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;
(d) 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, interests, 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 Borrower, and the reversion and reversions, remainder end 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 Borrower of, in and to the same, including but not limited to:
(i) All rents, 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 and improvements or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Land and Improvements or any part thereof, or to any rights appurtenant thereto, including any award for change of grade or streets, Lender hereby is authorized on behalf of and in the name of Borrower to execute and deliver valid acquittances for, and appeal from, any such judgments or awards. Lender may apply all such sums or any part thereof so received, after the payment of all its expenses, including costs and attorneys' fees, on any of the indebtedness secured hereby in such manner as it elects or, at its option, the entire amount or any part thereof so received may be released;
(e) All cash and non-cash proceeds and all products of any of the foregoing items or types of property described in (a), (b), (c) or (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), (b), (c) or (d) above.
at public sale, to the highest and best bidder, for cash on December 2, 2013 at 11:00 a.m. in an online sale at www.pasco.realforeclose.com. 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.
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.
By: Angela M. Covington
Florida Bar No. 039625
E-mail: [email protected]
Secondary Email:
[email protected]
CAREY, O'MALLEY,
WHITAKER & MUELLER, P.A.
712 S. Oregon Avenue
Tampa, Florida 33606-2516
Ph.: 813-250-0577
Fax: 813-250-9898
Attorneys for ESP 2013, LLC
November 8, 15, 2013 13-04944P