13-04533P

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
Case No. 2009 CA 007184 WS
Section J2
CENTURY BANK, F.S.B.,
Plaintiff, v.
SEA PINES V, LLC, VINCENT BEKIEMPIS and HEIDI
BEKIEMPIS,
Defendants.
NOTICE is hereby given that, pursuant to an Amended Uniform Final Judgment of Foreclosure dated April 24, 2013 and the Order Granting Motion for Disbursement of Foreclosure Sale Deposit and to Reschedule Foreclosure Sale Due to Default of Third Party Bidder dated October 9, 2013, in Case Number 2009-CA-007184-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) THE LAND: All land located in the County of Pasco, State of Florida, described as
PARCEL B-1
A PORTION OF SECTION 23, TOWNSHIP 24 SOUTH, RANGE 16 EAST, PASCO COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF LOT 20, SEA PINES UNIT TWO AS RECORDED IN PLAT BOOK 9, PAGE 60, PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; THENCE S89°40'57”E 25.00 FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE LEFT; THENCE NORTHERLY 30.07 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 268.78 FEET, A CENTRAL ANGLE OF 06°24'36”, AND A CHORD BEARING N02°53'06”W, 30.05 FEET; THENCE N89°40'57”W, 72.76 FEET; THENCE N46°03'19”W, 94.43 FEET; THENCE N89°40'57”W, 298.52 FEET TO THE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT; THENCE WESTERLY 43.85 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 159.00 FEET, A CENTRAL ANGLE OF 15°47'44”, AND A CHORD BEARING S82°27'56”W, 43.71 FEET TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY 95.40 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 347.00 FEET, A CENTRAL ANGLE OF 15°44'59”, AND A CHORD BEARING S82°26'33”W, 95.10 FEET; THENCE N89°40'57”W, 192.97 FEET; THENCE WESTERLY 249.42 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 664.00 FEET, A CENTRAL ANGLE OF 21°31'19”, AND A CHORD BEARING N78°55'17”W, 247.95 FEET; THENCE N16°42'24”E, 80.31 FEET TO REFERENCE POINT 'A', ALSO BEING THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE RIGHT; THENCE EASTERLY 5.76 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 556.00 FEET, A CENTRAL ANGLE OF 00°35'35”, AND A CHORD BEARING S68°19'01”E, 5.76 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 220.80 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 584.00 FEET, A CENTRAL ANGLE OF 21°39'44”, AND A CHORD BEARING S78°51'05”E, 219.48 FEET; THENCE S89°40'57”E, 192.97 FEET; THENCE EASTERLY 73.41 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 15°44'59”, AND A CHORD BEARING N82°26'33”E, 73.18 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 65.71 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 239.00 FEET, A CENTRAL ANGLE OF 15°44'59”, AND A CHORD BEARING N82°26'33”E, 65.50 FEET; THENCE S00°13'34”W, 80.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
PARCEL B-2
FROM THE AFORESAID REFERENCE POINT 'A'; THENCE N16°29'51”E, 28.10 FEET TO THE POINT OF BEGINNING; THENCE N16°42'24”E, 85.22 FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE RIGHT; THENCE EASTERLY 16.27 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 669.00 FEET, A CENTRAL ANGLE OF 01°23'38”, AND A CHORD BEARING S68°43'02”E, 16.27 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 178.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 471.00 FEET, A CENTRAL ANGLE OF 21°39'44”, AND A CHORD BEARING S78°51'05”E, 177.02 FEET; THENCE S89°40'57”E, 68.15 FEET; THENCE N00°12'17”E, 210.20 FEET; THENCE S89°47'43”E, 155.13 FEET; THENCE S30°12'17”W, 35.00 FEET; THENCE S89°47'43”E, 191.54 FEET; THENCE S00°12'17”W, 221.49 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY 39.32 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90°06'46”, AND A CHORD BEARING S45°15'40”W, 35.39 FEET; THENCE N89°40'57”W, 42.06 FEET; THENCE WESTERLY 73.41 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 15°44'59”, AND A CHORD BEARING S82°26'33”W, 73.18 FEET TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY 65.71 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 239.00 FEET, A CENTRAL ANGLE OF 15°44'59”, AND A CHORD BEARING S82°26'33”W, 65.50 FEET; THENCE N89°40'57”W, 192.97 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WESTERLY 210.21 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 556.00 FEET, A CENTRAL ANGLE OF 21°39'44”, AND A CHORD BEARING N78°51'05”W, 208.96 FEET TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY 8.44 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 584.00 FEET, A CENTRAL ANGLE OF 00°49'41”, AND A CHORD BEARING N68°26'04”W, 8.44 FEET TO THE POINT OF BEGINNING.
(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 o, under or above the Real Porperty, 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; ll 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, aircooling 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.
at Public Sale, to the highest and best bidder for cash, at the www.pasco.realforeclose.com at 11:00 a.m. on the 2nd day of December, 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: October 14, 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
I66611-138898
October 18, 25, 2013 13-04533P