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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CASE NO.
51-2015-CA-000404-CAAX-ES
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE REGISTERED
HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE SECURITIES, INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2010-C1,
Plaintiff, v.
MORNINGSIDE DADE CITY DE, LLC, a Delaware limited liability company; BAEZ ENTERPRISES CORP., a Florida corporation; DAVID RUBIN, an individual; THOMAS E. PURTHER, an individual; and ALL OTHER UNKNOWN PARTIES, including all claimants, persons or parties, natural or corporate, or whose legal status is unknown, claiming under any of the above named or described Defendants,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to that certain Stipulated Final Judgment of Foreclosure entered on April 12, 2016 in the Circuit Court of the Sixth Judicial Circuit, in and for Pasco County, Florida, concerning Case No. 51-2015-CA-000404 wherein Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE SECURITIES, INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2010-C1 and Defendants are MORNINGSIDE DADE CITY DE, LLC, a Delaware limited liability company, et al, the Clerk of Court of Pasco County, Florida will, on June 1, 2016 at 11:00 a.m., at www.pasco.realforeclose.com, offer for sale and sell at public outcry to the highest and best bid for cash, the following described real property as set forth in said Stipulated Final Judgment of Foreclosure, to wit:
PARCEL I - FEE SIMPLE
THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 25 SOUTH, RANGE 21 EAST, PASCO COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 301 AND THE SOUTHERLY RIGHT OF WAY LINE OF MORNINGSIDE DRIVE, THENCE RUN SOUTH 01°37'00” EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 301 FOR 421.00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE SOUTH 01°37'00” EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE FOR 254.00 FEET; THENCE NORTH 88°23'00” EAST, FOR 150.00 FEET, THENCE SOUTH 01°37'00” EAST FOR 125.00 FEET; THENCE SOUTH 88°23'00” WEST, FOR 150.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 301, THENCE SOUTH 01°37'00” EAST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR 261.76 FEET; THENCE NORTH 88°23'00” EAST FOR 175 FEET, THENCE SOUTH 01°37'00” EAST FOR 150.04 FEET TO THE NORTH BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 461, PAGE 167, OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, THENCE EASTERLY ALONG SAID NORTH BOUNDARY THE FOLLOWING TWO COURSES, RUN NORTH 88°23'50” EAST FOR 197.94 FEET, THENCE SOUTH 85°19'10” EAST FOR 268.68 FEET, THENCE NORTH 01°37'00” WEST FOR 846.44 FEET, THENCE SOUTH 88°23'00” WEST FOR 235 FEET, THENCE SOUTH 01°37'00” EAST FOR 26.12 FEET, THENCE SOUTH 88°23'00” WEST FOR 405.00 FEET TO THE POINT OF BEGINNING.
PARCEL II - EASEMENTS
TOGETHER WITH THOSE RIGHTS, TITLE, INTERESTS AND EASEMENTS IF ANY, CONSTITUTING RIGHTS IN REAL PROPERTY CREATED, DEFINED AND LIMITED BY THAT CERTAIN OUTPARCEL CROSS EASEMENTS AND RESTRICTIVE COVENANTS AGREEMENT GRANTED TO WAL-MART STORES, INC., A DELAWARE CORPORATION, FROM LILES, INC., AN ALABAMA CORPORATION, DATED MARCH 15, 1984 AND RECORDED MARCH 15, 1984 IN OFFICIAL RECORDS BOOK 1320, PAGE 844, AMENDED BY SECOND AMENDMENT TO EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND (ECR) AND FIRST AMENDMENT TO OUTPARCEL CROSS EASEMENTS AND RESTRICTIVE COVENANTS AGREEMENT, BY AND BETWEEN WAL-MART STORES, INC, A DELAWARE CORPORATION, FROM LILES, INC., AN ALABAMA CORPORATION, DATED AUGUST 20, 1985 AND RECORDED ON SEPTEMBER 16, 1985 IN OFFICIAL RECORDS BOOK 1444, PAGE 123, BOTH OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA.
PARCEL III - EASEMENTS
TOGETHER WITH THOSE RIGHTS, TITLE, INTERESTS AND EASEMENTS IF ANY, CONSTITUTING RIGHTS IN REAL PROPERTY CREATED, DEFINED AND LIMITED BY THAT CERTAIN EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND (ECR) GRANTED TO WAL-MART STORES, INC., A DELAWARE CORPORATION FROM LILES, INC., AN ALABAMA CORPORATION, DATED MARCH 15, 1984 AND RECORDED DECEMBER 10, 1984 IN OFFICIAL RECORDS BOOK 1320, PAGE 862, AMENDED BY FIRST AMENDMENT TO ECR EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND BY AND BETWEEN WAL-MART STORES, INC., A DELAWARE CORPORATION, FROM LILES, INC., AN ALABAMA CORPORATION, DATED NOVEMBER 21, 1984 AND RECORDED DECEMBER 10, 1984 IN OFFICIAL RECORDS BOOK 1380, PAGE 108, AND AS FURTHER AMENDED BY SECOND AMENDMENT TO EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND (ECR) AND FIRST AMENDMENT TO OUTPARCEL CROSS EASEMENTS AND RESTRICTIVE COVENANTS AGREEMENT, BY AND BETWEEN WAL-MART STORES, INC., A DELAWARE CORPORATION, FROM LILES, INC., AN ALABAMA CORPORATION, DATED AUGUST 20, 1985 AND RECORDED ON SEPTEMBER 16, 1985 IN OFFICIAL RECORDS BOOK 1444, PAGE 123, ALL OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA.
PARCEL IV - EASEMENTS
TOGETHER WITH THOSE RIGHTS, TITLE, INTERESTS AND EASEMENTS IF ANY, CONSTITUTING RIGHTS IN REAL PROPERTY CREATED, DEFINED AND LIMITED BY THAT CERTAIN RECIPROCAL EASEMENT AGREEMENT FOR PARKING, INGRESS AND EGRESS BY AND BETWEEN LILES, INC., AN ALABAMA CORPORATION, AND BARNETT BANKS OF FLORIDA, INC., A FLORIDA CORPORATION, DATED DECEMBER 20, 1984 AND RECORDED DECEMBER 26, 1984 IN OFFICIAL RECORDS BOOK 1383, PAGE 949, AS AMENDED BY FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT FOR PARKING, INGRESS AND EGRESS, BY AND BETWEEN BARNETT BANKS OF FLORIDA, INC., A FLORIDA CORPORATION, AND LILES, INC., AN ALABAMA CORPORATION, DATED AUGUST 26, 1985 AND RECORDED SEPTEMBER 16, 1985 IN OFFICIAL RECORDS BOOK 1444, PAGE 102, BOTH OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA.
TOGETHER WITH all personal property (tangible and intangible) located on or used in connection with the real property described above and as more particularly described in the Mortgage.
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 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 19th day of April, 2016.
Mary-Beth T. Valley, Esq.
Florida Bar No. 057787
[email protected]
[email protected]
Roetzel & Andress, LPA
420 South Orange Avenue
CNL Center II, 7th Floor
Orlando, Florida 32801
Telephone: (407) 896-2444
Facsimile: (407) 835-3596
Attorneys for Plaintiff
April 22, 29, 2016 16-01265P