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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT
OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO: 13-568CI-11
PRESIDENTIAL BANK, FSB, as assignee from Bond Street Capital Corp.,
Plaintiff, v.
CHATEAU PALMS, INC., a Florida corporation, ANDREW
RAMKISSOON, individually, and VIRGINIA RAMKISSOON,
individually, jointly and severally; ZBIGNIEW MYSTKOWSKI,
individually, and FLORIDA
DEPARTMENT OF REVENUE,
Defendants.
NOTICE IS HEREBY GIVEN that the Clerk of the Circuit Court for Pinellas County, Florida, under and pursuant to the Uniform Final Judgment of Foreclosure heretofore entered on the 28th day of October, 2013, in that certain cause pending in the Circuit Court of the Sixth Judicial Circuit, in and for Pinellas County, Florida, being Civil Action No. 13-568CI-11, in which the Plaintiff is PRESIDENTIAL BANK, FSB (“Presidential”), as assignee from Bond Street Capital Corp., and the Defendants are CHATEAU PALMS, INC., a Florida corporation, ANDREW RAMKISSOON, individually, and VIRGINIA RAMKISSOON, individually, jointly and severally, and ZBIGNIEW MYSTKOWSKI, individually, and under and pursuant to the terms of the said Uniform Final Judgment of Foreclosure will offer for sale at www.pinellas.realforeclose.com, the Clerk's website for on-line auctions in accordance with Chapter 45 Florida Statutes, on the 9th day of December, 2013, at the hour of 10:00a.m. in the morning, the same being a legal sales day and the hour a legal hour of sale, the real and personal property situated in Pinellas County, Florida and legally described as follows:
Real Property
That part of the Northeast 1/4 of the Northwest 1/4 and the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 12, Township 28 South, Range 15 East, Pinellas County, Florida, lying North of County Road 584, being more particularly described as follows:
Commence at the Northwest corner of the Northwest 1/4 of Section 12, Township 28 South, Range 15 East, Pinellas County, Florida; thence South 89°23'55” East, along the North boundary of said Northwest 1/4, a distance of 1319.19 feet to the Northwest corner of the Northeast 1/4 of the Northwest 1/4 of said Section 12; thence South 00°05'25” East, along the West boundary of said Northeast 1/4, a distance of 1323.17 feet to a point on the centerline of County Road 584; thence South 89°13'27” East, along said centerline, 1283.41 feet to the Point of Beginning; thence continue South 89°13'27” East, along said centerline, 145.34 feet; thence North 00°16'59” West 318.88 feet; thence North 89°13'27” West 145.34 feet; thence South 00°16'59” East 318.88 feet to the Point of Beginning, less Road Right-of-Way of Record.
Less and Except:
That part of the Northeast 1/4 of the Northwest 1/4 and the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 12, Township 28 South, Range 15 East, Pinellas County, Florida, lying North of County Road 584, being more particularly described as follows:
Commence at the Northwest corner of the Northwest 1/4 of Section 12, Township 28 South, Range 15 East, Pinellas County, Florida; thence South 89°23'55” East, along the North boundary of said Northwest 1/4, a distance of 1319.19 feet to the Northwest corner of the Northeast 1/4 of the Northwest 1/4 of said Section 12; thence South 00°05'25” East, along the West boundary of said Northeast 1/4, a distance of 1323.17 feet to a point on the centerline of County Road 584; thence South 89°13'27” East, along said centerline, 1408.75 feet to a Point of Beginning; thence North 00°16'59” West, a distance of 233.88 feet; thence North 89°13'27” West, a distance of 125.34 feet; thence North 00°16'59” West, a distance of 85.00 feet; thence South 89°13'27” East, a distance of 145.34 feet; thence South 00°16'59” East, a distance of 318.88 feet; thence North 89°13'27” West, a distance of 20.00 feet to the Point of Beginning. Less Road Right-of-Way.
together with all improvements, tenements, hereditaments and appurtenances pertaining thereto.
Personal Property
B. All and singular, the buildings and improvements, situated, constructed, or placed thereon, (hereinafter called the “Improvements”) and all right, title and interest of Mortgagor in and to all streets, boulevards, avenues or other public thoroughfares in front of and adjoining the Land, including all easements, licenses and rights of way, thereunto attached or belonging, and also all right, title and interest of Mortgagor in and to all strips and gores of land adjacent to the Land (hereinafter called the “Appurtenances”);
C. Any and all leases, subleases, licenses, concessions or grants of other possessory interests now or hereafter in force, oral or written, covering or affecting the Land or any buildings or improvements belonging or in anywise appertaining thereto, or any part thereof;
D, All the rents, issues, uses, profits, insurance proceeds and condemnation awards now or hereafter belonging or in any way pertaining to: (1) the Land; (2) each and every building and improvement and all of the properties included within the provisions of the foregoing paragraph B.; and (3) each and every lease, sublease and agreement described in the foregoing paragraph C. and each and every right, title and interest thereunder, from the date of this Mortgage until the terms hereof are complied with and fulfilled; and
E. All machinery, apparatus, equipment, fixtures and articles of personal property of every kind and nature now or here after located upon or within the Improvements belonging or in anywise appertaining to the Land and used or usable in connection with any present or future operation of the Land or any Improvement now or hereafter located thereon and the fixtures and the equipment which may be located on the Land (hereinafter called the “Equipment”) and now owned or hereafter acquired by Mortgagor, including, but without limiting the generality of the foregoing, any and all furniture, furnishings, partitions, carpeting, drapes, dynamos, screens, awnings, storm windows, floor coverings, stoves, refrigerators, dishwashers, disposal units, motors, engines, boilers, furnaces, pipes, plumbing, elevators, cleaning, call and sprinkler systems, fire extinguishing apparatus and equipment, water tanks, maintenance equipment, and all heating, lighting, ventilating, refrigerating, incinerating, air-conditioning and air-cooling equipment, gas and electric machinery, televisions, telephones, fax machines, computers, printers, cash registers, pictures, wall hangings, linens, and all equipment used by Mortgagor in connection with the operation and maintenance of an assisted living facility on the Mortgaged Premises, together with all replacements and substitutions therefor and all cash and non-cash proceeds and products thereof, and all of the right, title and interest of Mortgagor in and to any Equipment which may be subject to any title retention or security agreement superior in lien to the lien of this Mortgage and all additions, accessions, parts, fittings, accessories, replacements, substitutions, betterments, repairs and proceeds of all of the foregoing, all of which shall be construed as fixtures and will conclusively be construed, intended and presumed to be a part of the Land. And also including, without limitation, all accounts and general intangibles in connection with the operation of an assisted living facility on the Mortgaged Premises. “Accounts”, as used herein includes, without limitation, all instruments, chattel paper, contracts, contract rights, accounts receivable, tax refunds, notes receivable, drafts, acceptances, and similar instruments and documents both now owned and hereafter acquired or created, together with all cash and non-cash proceeds thereof. “General Intangibles” as used herein includes, without limitation, all choses in action, contractual rights, room rent, and credit card receipts, both now owned and hereafter acquired, together with all cash and non-cash proceeds and products thereof. It is understood and agreed that all Equipment, whether or not permanently affixed to the Land and the Improvements thereon, shall for the purpose of this Mortgage be deemed conclusively to be conveyed hereby and, as to all such Equipment, whether personal property or fixtures, or both, a security interest is hereby granted by the Mortgagor and hereby attached thereto, all as provided by the Uniform Commercial Code as adopted, amended and in force in the State of Florida.
ALL OF THE DEBTOR'S ASSETS WHEREVER LOCATED.
The Real Property or its address is commonly known as 1679 State Road 584, Palm Harbor, FL 34686.
The property aforesaid, together with all improvements, buildings, fixtures, tenements, hereditaments and appurtenances thereto belonging, or in anywise appertaining, is being sold to satisfy Presidential's claims under said Judgment.
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.
NOTIFICATION
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 Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD) 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 or voice impaired, call 711.
DATED this 5th day of November, 2013.
MAUREEN A. VITUCCI
Florida Bar No. 0605530
GrayRobinson, P.A.
301 E. Pine Street, Suite 1400
Post Office Box 3068
Orlando, Florida 32802-3068
(407) 843-8880 Telephone
(407) 244-5690 Facsimile
[email protected] (primary)
[email protected] (primary)
[email protected] (secondary)
Attorneys for Plaintiff,
PRESIDENTIAL BANK
November 8, 15, 2013 13-11724N