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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
Case No. 2012 CA 002473 WS
WHITNEY BANK,
Plaintiff, v.
PETER M. LENHARDT and HELEN K. LENHARDT, as
Co-Trustees of the LENHARDT FAMILY LAND TRUST
AGREEMENT U/AJD DECEMBER 30, 1997, LENHARDT FAMILY LIMITED PARTNERSHIP II, L.L.L.P. f/k/a LENHARDT FAMILY LIMITED PARTNERSHIP II,
PETER M. LENHARDT, HELEN K.
LENHARDT, INTERNATIONAL
ASSOCIATES DEVELOPMENT CORP., MAGNOLIA GOLF
ENTERPRISE CORPORATION, UNITED STATES OF AMERICA, and AGRICREDIT ACCEPTANCE LLC,
Defendants.
NOTICE is hereby given that, pursuant to a Consent Final Judgment of Foreclosure dated September 19, 2013, the Order on Motion to Schedule Foreclosure Sales dated July 18, 2014, and the Order on Motion to Reschedule Foreclosure Sale as to the Marion County Property Only, in Case Number 2012-CA-002473-WS in the Circuit Court of Pasco County, Florida, the Clerk of Court will sell the Marion County property situated in Marion County, Florida described as:
(A) THE LAND: All land located in Marion County, State of Florida, described as
A parcel of land lying in the Northwest one quarter of Section 30, Township 16 South, Range 21 East, Marion County, Florida, being more particularly described as follows:
Commence at the Northwest corner of the Northwest one quarter of Section 30, Township 16 South, Range 21 East, Marion County, Florida; thence South 89degrees59'41” East, along the North line of the Northwest one quarter of said Section 30, for 204.52 feet; thence along the Southeasterly and Easterly right-of-way line of S.W. 80th Avenue the two following courses, 1.) South 13degrees04'56” West, for 463.60 feet; thence 2.) South 00degrees03'10” West, for 672.34 feet, to the POINT OF BEGINNING, of the herein described parcel; thence South 89degrees51'35” East, along the South line of the Drainage Retention Area described in O.R. Book 2653, Page 282, of the Public Records of Marion County, Florida, for 383.96 feet to the concrete monument (P.R.M.) marking the Northwest corner of Lot 32, Block 'B', Hidden Lake Unit IV, as recorded in P.B. 4, Pages 146 through 148, of said Public Records; thence South 00degrees08'25” West, along the Westerly line of said Hidden Lake Unit IV, for 1059.88 feet, to the concrete monument (P.R.M.) marking the Southwesterly corner of Hidden Lake Unit IV; thence South 89degrees52'34” East, along the Southerly line of Hidden Lake Unit IV, for 1268.29 feet, to the concrete monument marking the Southeasterly corner of Hidden Lake Unit IV and the Southwesterly corner of Hidden Lake Unit I, as recorded in P.B. I, Pages 84 and 85; thence with the boundary of Hidden Lake Unit I, the two following courses: 1.) South 89degrees50'32” East, for 446.56 feet, to the concrete monument (P.R.M.) marking the Southeast corner of Lot 10, Block 'B', Hidden Lake Unit I; thence 2.) South 00degrees08'57” West, for 446.68 feet, to intersect with the Northerly right-of-way line of S.W. 103rd Street Road (F.K.A. - Hialeah Blvd.) 100 feet wide; thence along said Northerly right-of-way line the six following courses: 1.) South 89degrees34'44” West, for 883.42 feet, to a point of curvature; thence 2.) 141.81 feet along the arc of a curve to the right, concave to the North, having a radius of 704.34 feet, through a central angle of 11degrees32'10”, the arc of which is subtended by the chord North 84degrees39'08” West for a chord distance of 141.57 feet, to a point of tangency; thence 3.) North 78degrees53'03” West, for 360.32 feet, to a point of curvature; thence 4.) 182.74 feet along the arc of a curve to the left, concave to the South, having a radius of 918.69 feet, through a central angle of 11degrees23'47”, the arc of which is subtended by the chord North 84degrees34'56” West for a chord distance of 182.43 feet, to a point of tangency; thence 5.) South 89degrees43'10” West, for 489.41 feet, to a point of curvature; thence 6.) 22.90 feet along the arc of a curve to the right, concave to the North, having a radius of 907.77 feet, through a central angle of 1degrees26'43”, the arc of which is subtended by the chord North 89degrees33'28” West for a chord distance of 22.90 feet, to a point of compound curvature; thence leaving said Northerly right-of-way line, 38.78 along the arc of a curve to the right, concave to the Northeast, having a radius of 25.00 feet, through a central angle of 88degrees53'17”, the arc of which is subtended by the chord North 44degrees23'29” West for a chord distance of 35.01 feet, to a point of tangency; thence North 00degrees03'10” East, along the Easterly right-of- way line of S.W. 80th Avenue, being 100.00 feet Easterly (measured perpendicularly) of the West line of the Northwest one quarter of said Section 30, for 1395.27 feet, to the Point of Beginning.
(The bearings shown herein are referenced to the West line of the Northwest one quarter of Section 30, T. 16 S., R. 21 E., being North 00degrees03'10” East (per deed, O.R. 2653, Pg. 282).
Together with all mineral, oil and gas rights appurtenant to said Land, and all shrubbery, trees and crops now growing or hereafter grown upon said Land.
(B) THE IMPROVEMENTS: All the buildings, structures, fixtures and improvements of every nature whatsoever situated on said Land (hereinafter called the “Improvements”).
(C) EASEMENTS: All easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, water courses, water rights and powers, and all appurtenances whatsoever, in any way belonging, relating or appertaining to any of the mortgaged property described in Sections (A) and (B) hereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by PETER M. LENHARDT and HELEN K. LENHARDT, as Co-Trustees of the LENHARDT FAMILY LAND TRUST AGREEMENT U/A/D DECEMBER 30, 1997, LENHARDT FAMILY LIMITED PARTNERSHIP II, L.L.L.P. f/k/a LENHARDT FAMILY LIMITED PARTNERSHIP II, and/or INTERNATIONAL ASSOCIATES DEVELOPMENT CORP. (“Mortgagor”, “Borrower” or “Debtor”).
(D) TOGETHER WITH (i) all the estate, right, title and interest of the Mortgagor of, in and to all judgments, insurance proceeds, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the mortgaged property described in Sections (A), (B) and (C) hereof or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the mortgaged property described in Sections (A), (B) and (C) hereof or any part thereof, or to any rights appurtenant thereto, and all proceeds of any sales or other dispositions of the mortgaged property described in Sections (A), (B) and (C) hereof or any part thereof; and (ii) all rights to insurance proceeds arising from or relating to the mortgaged property described in Sections (A), (B) and (C) above; and (iii) all proceeds, products, replacements, additions, substitutions, renewals and accessions of and to the mortgaged property described in Sections (A), (B) and (C).
(E) TOGETHER WITH all rents to which the Mortgagor may now or hereafter be entitled from the mortgaged property described in Sections (A), (B) and (C) hereof.
Together with all erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities, with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters.
Together with all right, title and interest in and to all leases of the property and all rents from the property.
Together with
(a) all existing and future leases affecting the property and all existing and future contracts relating to the property, including, without limitation, all purchases and sale agreements for purchase of all or any part or portion of the property, including, without limitation, all rights and interests under such leases or purchase contracts with respect to earnest money or security deposits, and all contracts with professionals for the development of the property and construction of improvements thereon, including, without limitation, contractors, architects, engineers, and/or other professionals (collectively the “Contracts”); and
(b) all existing or future rents, deposits, revenues, profits, issues, development rights, entitlements, contract rights, including, without limitation, the rights and interests under all licenses and permits, including, without limitation, contemplated construction of improvements thereon, including contractors, architects, and/or engineers, and any and all products and proceeds of such professional contracts, including, without limitation, contractor bids and proposals, architectural drawings, plans and/or specifications, engineering drawings, plans and/or specifications, survey drawings and diagrams, of any and every nature whatsoever, and any and all proceeds of any and all of the foregoing, arising from or in connection with the Contracts and the Property (collectively the “Rights”).
Together with the following
All furniture, furnishings, fixtures, equipment, accounts receivable, contact rights, inventory, intangibles, located upon and/or affixed to the property as described and as defined below and all other forms of personal property related thereto and utilized in connection with the property's ownership and/or operation including, without limitation, the property as described above, together with the proceeds thereof and insurance proceeds paid on account of such property, as well as all replacements, additions, and accessions.
All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements on the property described herein or under or above the same or any part or parcel thereof.
All machinery, apparatus, equipment, fittings, fixtures attached to the property and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature located in, upon or under the Property or any part thereof and used or usable in connection with any present or future operation of the property acquired by Debtor, including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fore extinguishing, refrigerating, ventilating and communication apparatus; boilers, ranges, furnaces, oil, burners or units thereof; appliances; air-cooling 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, wallboard, cabinets, walls, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass, doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all additions and accessions thereto and replacements thereof.
All of the water, sanitary and storm sewer systems owned by the Debtor which are located by, over, and upon the property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer liners, including mains, laterals, manholes and appurtenances.
All paving for streets, roads, walkways or entrance ways owned by Debtor and which are located on the property or any part or parcel thereof.
All of Debtor's interest as lessor in and to all leases or rental arrangements of the property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by Debtor, together with any and all guarantees of such leases or rental arrangements and including all security deposits and advance rentals.
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 described herein.
All of right, title, interest of the Debtor in and to all unearned premiums accrued, accruing, or to accrue under any and all insurance policies provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the property described 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, operation or sale of part or all of the property, including contract or sales deposits including all deposits, rents, issues, profits and income from the property.
All furniture, furnishings, appliances and equipment and all other tangible personal property owned or acquired by the Debtor located or installed at or in any other improvements on the property or elsewhere at or on the property, together with all accessories and parts attached to or used in connection with such property or which may hereafter at any time be placed in or added thereto and also any and all replacements and proceeds of any such property.
All architectural and engineering plans and specifications, surveys, site plans, permits, approvals, authorizations, deposits, appraisals, feasibility studies and development proposals existing pertaining to the property.
at Public Sale as to the Marion County, Florida property, to the highest and best bidder for cash, at the www.pasco.realforeclose.com at 11:00 a.m. on the 20th day of November, 2014.
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, 2014.
Mark D. Hildreth
Florida Bar No. 454893
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
W12349-161014
October 17, 24, 2014 14-05288P