-
-
Loading
Loading
FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CASE NO.
51-2013-CA-003255-CAAX-WS
BRANCH BANKING AND TRUST
COMPANY, a North Carolina
banking corporation, as
successor-in-interest to
Colonial Bank by asset
acquisition from the FDIC as
Receiver for Colonial Bank,
successor by merger to Citrus and Chemical Bank,
Plaintiff, v.
WALDEN POND, LLC, a Florida limited liability company,
SANTOSH GOVINDARAJU,
individually, HARSHAD MISTRY, individually, a/k/a Harshadrai V. Mistry, ANGELA THOMPSON, individually, GLE ASSOCIATES, INC., a Florida corporation,
and ALL UNKNOWN TENANTS,
Defendants.
Notice is hereby given that pursuant to the Final Judgment of Foreclosure in the case of Branch Banking and Trust Company v. Walden Pond, LLC, et al., Case No.: 51-2013-CA-003255-CAAX-WS, the undersigned Clerk of the Circuit Court in Pasco County, Florida will on June 10, 2014, at 11:00 a.m., via the www.pasco.realforeclose.com website, shall offer the identified property set forth herein for sale and sell at public outcry to the highest bidder for cash involving the following real or personal property, situate, lying and being in Pasco County, Florida (the “Property”) described as follows:
TRACTS 2 AND 3, LESS THE SOUTH 198 FEET THEREOF; AND TRACT 4, LESS THE SOUTH 165 FEET THEREOF IN SECTION 5, TOWNSHIP 26 SOUTH, RANGE 16 EAST, AS PER PLAT THEREOF OF PORT RICHEY LAND COMPANY'S SUBDIVISION, RECORDED IN PLAT BOOK 1, PAGE 60 AND 61, PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; SUBJECT TO EXISTING ROAD RIGHTS-OF-WAY FOR DRIFTWOOD DRIVE ALONG THE WEST SIDE OF TRACT 4; ALSO SUBJECT TO ORIGINAL PORT RICHEY LAND COMPANY'S ROAD RIGHT-OF-WAY ALONG THE NORTH SIDE OF TRACTS 2, 3 AND 4.
AND THE PERSONAL PROPERTY DESCRIBED AS FOLLOWS:
(a) Improvements. All buildings, structures, betterments, and other improvements of any nature now or hereafter situated in whole or in part upon the Land in Pasco County, Florida, described above, regardless of whether physically affixed thereto or severed or capable of severance therefrom (the “Improvements”).
(b) Appurtenances. The benefit of all easements and other rights of any nature whatsoever appurtenant to the Land or the Improvements, or both, and all rights, sewer rights, and rights of ingress and egress to the Land, and all adjoining property, 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.
(c) Tangible Property. All of Walden Pond, LLC's (“Debtor”) interest in all furniture, fixtures, equipment and tangible personal property of any nature whatsoever now or hereafter (i) attached or affixed to the Land or the Improvements, or both, or (ii) situated upon or about the Land or the Improvements, or both, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (iii) regardless of where situated, used, usable, or intended to be used in connection with any present or future use or operation of or upon the Land. The foregoing includes: 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 apparatus; all boilers; furnaces, oil burners, vacuum cleaning systems, elevators and escalators; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets and partitions; all rugs and carpets; all laundry equipment; all building materials; all furniture, furnishings, office equipment and office supplies; and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing (the “Tangible Property”).
(d) Incomes. All rents, issues, incomes and profits in any manner arising from the Land, Improvements or Tangible Property, or any combination, including Debtor's interest in and to all leases, licenses, franchises, permits, and concessions of, or relating to, all or any portion of the Land, Improvements or Tangible Property, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations. The foregoing items are jointly and severally called the “Rents” in this instrument.
(e) Secondary Financing. All of Debtor's right, power or privilege to further encumber any of the property described in this paragraph for debt.
(f) Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property described in this paragraph 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 insurance and condemnation proceeds.
(g) Contract Rights and Accounts. All of Debtor's right, title and interest in and to any and all contracts, written or oral, expressed or implied, now existing or hereafter entered into or arising, in any manner related to, the improvement, use, operation, sale, conversion or other disposition of any interest in the Land, Improvements, Tangible Property or the Rents, or any combination, including any and all deposits, prepaid items, and payments due and become due thereunder, and including construction contracts, service contracts, advertising contracts, purchase orders and equipment leases.
(h) Name. All right, title and interest of Debtor in and all trade names hereafter used connection with the operation of the Land, and all related marks, logos and insignia.
(i) Other Intangibles. All contract rights, accounts, instruments and general intangibles, as such terms from time to time are defined in the Florida Uniform Commercial Code, in any manner related to the use, operation, sale, conversion or other disposition (voluntary or involuntary) of the Land, Improvements, Tangible Property or Rents, including all permits, licenses, insurance policies, rights of action, and other choses in action.
As used in herein, the term “include” is for illustrative purposes only and is always without limitation.
Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the Notice of 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.
DATED this 14th day of April, 2014.
W. Glenn Jensen, Esq.
Florida Bar No. 0126070
[email protected]
[email protected]
Mychal J. Katz, Esq.
Florida Bar No. 0037588
[email protected]
[email protected]
ROETZEL & ANDRESS, LPA
P.O. Box 6507
Orlando, FL 32802-6507
Phone: (407) 896.2224
Fax: (407) 835.3596
April 18, 25, 2014 14-02292P