-
-
Loading
Loading
FIRST INSERTION
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR CITRUS COUNTY, FLORIDA
CASE NO: 2012 CA 001022
TD BANK, N.A., a national banking association, as successor by merger to Mercantile Bank, a division of Carolina First Bank and Florida Bank, N.A.,
Plaintiff, v.
PRO-LINE BOATS, LLC, a Delaware limited liability company, formerly known as PRO-LINE BOATS, INC., a dissolved Florida corporation; LEE H. KIMMELL, individually and AMERICAN MARINE HOLDINGS, LLC, a Delaware limited liability company, formerly known as AMERICAN MARINE HOLDINGS, INC., a dissolved Florida corporation, jointly and severally; BRUNSWICK CORPORATION, an Illinois corporation; FLEET CAPITAL CORPORATION, a Connecticut corporation and FCC, D/B/A FIRST CAPITAL,
Defendants.
SIXTH AMENDED NOTICE OF SALES ON COMPLAINT
NOTICE IS HEREBY GIVEN that the Clerk of the Circuit Court for Citrus County, Florida, under and pursuant to the Final Judgment heretofore entered on the 12th day of December, 2013, the Amended Final Judgment dated August 18, 2014 and the Order Cancelling and Rescheduling Foreclosure Sales dated November 17, 2014, in that certain cause pending in the Circuit Court of the Fifth Judicial Circuit, in and for Citrus County, Florida, being Civil Action No. 2012 CA 001022, in which the Plaintiff is TD BANK, N.A., a national banking association, as successor by merger to Mercantile Bank, a division of Carolina First Bank and Florida Bank, N.A. (“TD Bank”), and the Defendants are PRO-LINE BOATS, LLC, a Delaware limited liability company, formerly known as PRO-LINE BOATS, INC., a dissolved Florida corporation (“Pro-Line Boats”); LEE H. KIMMELL, individually (“Kimmell”) and AMERICAN MARINE HOLDINGS, LLC, a Delaware limited liability company, formerly known as AMERICAN MARINE HOLDINGS, INC., a dissolved Florida corporation (“American Marine Holdings”), jointly and severally; BRUNSWICK CORPORATION, an Illinois corporation (“Brunswick”); FLEET CAPITAL CORPORATION, a Connecticut corporation (“Fleet Capital”) and FCC, LLC, D/B/A FIRST CAPITAL (“First Capital”), and under and pursuant to the terms of the said Final Judgment, Amended Final Judgment and Order will offer for sale at public outcry to the highest and best bidder for cash, on the 22nd day of January, 2015 at 10:00 a.m. (Manatee County Property) and on the 29th day of January, 2015 at 10:00 a.m. (Citrus County Property) on www.citrus.realforeclose.com, the same being legal sales days and the hour a legal hour of sale, the real and personal property situated in Citrus and Manatee County, Florida and legally described as follows:
(Manatee County Property - January 22, 2015 @ 10:00 a.m.)
Real Property
PARCEL 2:
The North 352.75 feet of the Southeast 1/4 of the Northwest 1/4 of Section 30, Township 35 South, Range 18 East, LESS the East 50 feet thereof; AND LESS the West 50 feet thereof, of the Public Records of Manatee County, Florida.
together with all improvements, tenements, hereditaments and appurtenances pertaining thereto. This Judgment excludes from its scope trade fixtures and paint guns previously removed from the premises and surrendered to a secured creditor.
(Citrus County Property - January 29, 2015 @ 10:00 a.m.)
Real Property
PARCEL 1:
Being a portion of Lots 11, 12, 13, 14 & 15 of Block A, a portion of those certain unnumbered Lots lying to the West of said Lots between the abandoned A.C.L. Railroad Right of Way and the West line of Section 10, Township 19 South, Range 17 East; a portion of said abandoned A.C.L. Railroad Right of Way, all as shown in RIVER GLEN, a Subdivision of record according to the Plat thereof recorded under Plat Book 2, Page 67, of the Public Records of Citrus County and Lots 11, 12, 13, 14 and 15, Block “C”, of SUNCOAST INDUSTRIAL PARK F/K/A STERCHI INDUSTRIAL PARK, an Unrecorded Subdivision in Section 9, Township 19 South, Range 17 East, all land lying and being situated in Citrus County, Florida, being part of the lands also described in Book 276, Page 56; Book 276, Page 383; Book 647, Page 150; Book 1004, Page 1842 and Book 1316, Page 334, all of the Citrus County Deed Records and being more particularly described by metes and bounds as follows:
Beginning at a found 4” x 4” concrete monument (Label 1106) at the most Easterly Northeast corner of the herein described tract, said monument lying on the West Right of Way line of 200 foot wide U.S. Highway No. 19, said monument lying S 02°16'20” E 20.00 feet (Plat) from the Northeast corner of the aforesaid Lot 14, Block A, River Glen Subdivision;
Thence S 02°16'20” E 219.99 feet (measured), S 02°16'20” E 220.00 feet (plat) along the common West line of U.S. Highway No. 19 and the East line of a portion of Lot 14 & 15, Block A, River Glen Subdivision to a found 3” x 3” concrete monument (no I.D.) at the Southeast corner of the herein described tract;
Thence S 87°54'56” W 1,249.12 feet (measured), S 87°52'30” W 1,248.90 feet (Deed), parallel to the North line of said Lot 14, Block A to a found 4” x 4” concrete monument (no I.D.) for an exterior corner of the herein described tract, said monument also lying on the common West line of aforementioned Section 10-19-17 and the East line of Section 9-19-17 and also lying on the common West line of Lot 15, Block A, River Glen Subdivision and the East line of Lot 10, Block C, Sterchi Industrial Park;
Thence N 02°18'17” W, 24.70 feet (measured), N 01Ëš54'50” W, 24.70 feet (Deed) along the aforesaid common Section line and common Lot lines to a found Iron w/Cap (Label 1106) at the common Northeast corner of said Lot 10, Block C and the Southeast corner of Lot 11, Block C, Sterchi Industrial Park;
Thence S 87°56'06” W, 433.91 feet (measured), S·87°52'30” W, 436.47 feet (Deed) to a found 4” x 4” concrete monument (Label 1106) at the common Northwest corner of said Lot 10, Block C and the Southwest corner of Lot 11, Block C, Sterchi Industrial Park, said monument lying on the East line of a 50 foot wide Ingress/Egress Road Easement as recorded in Book 1004, Page 1842, of the Citrus County Deed Records;
Thence N 01°50'33” W, 500.08 feet (measured), N 01°54'50” W, 500.00 (Deed), along the common West lines of Lots 11 thru 15, Block C and the East line of said 50 foot Ingress/Egress easement to a found 4” x 4” concrete monument (Label 1106) at the common Northwest corner of the herein described tract and Lot 15, Block C, Sterchi Industrial Park, also being the Southwest corner of Lot 16, Block C, Sterchi Industrial Park;
Thence N 87°56'31” E, 433.44 feet (measured), N 87°52'30” E, (Deed), along the common North line of Lot 15, Block C and South line of Lot 16, Block C, Sterchi Industrial Park, to a found 4” x 4” concrete monument (No I.D.) at the common Northeast corner of Lot 15, Block C and the Southeast corner of Lot 16, Block C, Sterchi Industrial Park, said monument also lying on the West line of the River Glen Subdivision;
Thence N 01°49'37” W, 12.86 feet (measured), N 01°54'50” W (Plat) along the common East line of Lot 16, Block C, Sterchi Industrial Park and the West line of River Glen Subdivision to a found 4” x 4” concrete monument (No I.D.) at an angle point for the herein described tract, said corner lying on the Westerly projection of the North line of Lot 12, Block A, River Glen Subdivision and being the Northwest corner of the Unnumbered Lot West of said Lot 12, Block A;
Thence N 02°04'33” W, 149.21 feet (measured), N 01°54'50” W, 149.00 feet (Field) along the West line of the Unnumbered Lot West of Lot 11, Block A, River Glen Subdivision, to a found 4” x 4” concrete monument (No I.D.) at the most Northerly Northwest corner of the herein described tract, said monument lying on the Westerly projection of the North line of Lot 11, Block A, River Glen Subdivision and being the Northwest corner of the Unnumbered Lot West of said Lot 11, Block A;
Thence N 87°57'31” E, 744.88 feet (measured), N 87°52'30” E, 744.61 feet (Plat), along said Westerly projection of the North line of Lot 12, Block A, River Glenn Subdivision to a found 4” x 4” concrete monument (No I.D.) lying on the West line of the East 500 feet of Lot 11, Block A, River Glen Subdivision;
Thence S 02°15'25” E, 148.82 feet (measured) along the West line of the East 500 feet of Lot 11, Block A, River Glen Subdivision to a found 4” x 4” concrete monument (No I.D.) at the common Southwest corner of said East 500 feet of Lot 11, Block A and the Northwest corner of the East 500 feet of Lot 12, Block A;
Thence S 02°19'15” E, 148.97 feet (measured), S 02°16'20” E, 149.00 feet (Deed), along the West line of the East 500 feet of Lot 12, Block A, River Glen Subdivision to a found nail & disc (Label 1108) on the common South line of Lot 12, Block A and the North line of Lot 13, Block A, River Glen Subdivision;
Thence N 87°54'29” E, 59.99 feet (measured), N 87°52'30” E, 60.00 feet (Deed) to a found 5/8” Iron Rod w/Cap (Label 2340) lying on the West line of the East 440 feet of Lot 13, Block A, River Glen Subdivision;
Thence S 02°28'15” E, 168.89 feet (measured), S 02°16'20” E, 169.00 feet (Deed) to a found 4” x 4” concrete monument (Label 1106) lying on the South line of the North 20 feet of Lot 14, Block A, River Glen Subdivision; ·
Thence N 87°53'09” E, 439.68 feet (measured), N 87°52 '30” E, 440.00 feet (Deed) to the point of Beginning. Reserving the West 50 feet of the South 200 feet of the Lot 15 and Lot 14, Block A, River Glenn Subdivision described herein for Road Right of Way purposes and referenced in Book 276, Page 383, of the Citrus County Deed Records.
TOGETHER with an easement with the right of Ingress and Egress over and across the following described land:
A 50 foot road being 25 feet each side of a centerline described as follows: Commence at the SE corner of Section 9, Township 19 South, Range 17 East, as shown on the Plat of River Glen as recorded in Plat Book 2, Page 67, Public Records of Citrus County, Florida, thence N 01°54'50” W along the East line of Section 9, as shown on said plat and along the West line of said River Glen a distance of 1353.20 feet, thence S 87°52'30” W, 902.12 feet, thence S 01°54'50” E parallel to said East line a distance of 1048.00 feet, thence S 87°52'30” W a distance of 422.72 feet, thence S 01°54'50” E a distance of 25.00 feet to the Point of Beginning, thence N 87°52'30” E a distance of 1178.91 feet to the P.C. of a curve concaved Southwesterly having a central angle of 58°50'35” and a radius of 180.00 feet, thence Southeasterly along the arc of said curve a distance of 184.86 feet to the P.T. (chord bearing and distance between said points being S 62°42'12” E, 176.84 feet), thence S 33°16'55” E, a distance of 181.19 feet to the P.C. of a curve concaved Northeasterly, having a central angle of 59°23'37” and a radius of 180.00 feet, thence Southeasterly along the arc of said curve, a distance of 186.59 feet to the P.T. (chord bearing and distance between points being S 62°58'44” E, 178.35 feet), thence N 87°19'28” E, a distance of 1220.00 feet to the Westerly right of way line of U.S. Highway No. 19 and the end of the centerline description.
AND
Commence at a concrete monument as originally monumented marking the SW corner of Lot 31, River Glen Subdivision, as recorded in Plat Book 2, Page 67, Public Records of Citrus County, Florida, thence S 01°54'50” E along a Southerly projection of the originally monumented West line of said River Glen, a distance of 75.72 feet to the South line of Section 9, Township 19 South, Range 17 East, thence N 87°46'18” E, along said South line, a distance of 44.15 fete to the true and proven Southeast corner of said Section 9, thence N 87°19'28” E along the South line of Section 10, Township 19 South, Range 17 East, a distance of 215.02 feet to a point on the Southerly right-of-way line of a 50 foot wide road, said point being the P.C. of a curve, concaved Northeasterly, having a central angle of 59°23'37” and a radius of 205.00 feet, thence Northwesterly along the arc of said curve and along said right-of way line, a distance of 212.51 feet to the P.T. (chord bearing and distance between said points being N 62°58'44” W, 203.12 feet); thence N 33°16'55” W, a distance of 156.35 feet to the West line of said River Glen, thence N 01°54'50” W along said West line a distance of 1194.05 feet, thence S 87°52'30” W, a distance of 436.47 feet to the Point of Beginning, thence N 01°54'50” W a distance of 1620.00 feet, thence S 87°52'30” W, a distance of 50.00 feet, thence S 01°54'50” E, a distance of 1620.00 feet, thence N 87°52'30” E, a distance of 50.00 feet to the Point of Beginning.
together with all improvements, tenements, hereditaments and appurtenances pertaining thereto. This Judgment excludes from its scope trade fixtures and paint guns previously removed from the premises and surrendered to a secured creditor.
The property aforesaid, together with all improvements, buildings, fixtures, tenements, hereditaments and appurtenances thereto belonging, or in anywise appertaining, is being sold to satisfy TD Bank'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.
If you are a person with a disability who needs and 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 ADA Coordinator at the Office of The Trial Court Administrator, Citrus County Courthouse, 110 N. Apopka Avenue, Inverness, Florida 34450, (352) 641-6700, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven days; if you are hearing or voice impaired, call 711.
Dated this 18th day of November, 2014.
JOHN M. BRENNAN
Florida Bar No.: 297951
Primary E-Mail Address:
[email protected]
Secondary E-Mail Address:
[email protected]
[email protected]
GrayRobinson, P.A.
301 East Pine Street, Suite 1400
Orlando, Florida 32802
Phone: (407) 843-8880
Fax: (407) 244-5690
Attorneys for Plaintiff,
TD BANK. N.A., a national banking association, as successor by merger to Mercantile Bank, a division of Carolina First Bank and Florida Bank, N.A.
# 5502970 v1
November 21, 28, 2014 14-03308M