16-03460P

NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
Case No. 2015 CA 2232 CA AX ES
ROSIER JOINT TRUST created u/a February 18, 2014,
Plaintiff, v.
SERVE & EDUCATE, LLC, REST PASCO LLC, THE BLACK SADDLE INC., d/b/a BLACK SADDLE RANCH, SKIP DRISH, and J
OHN/JANE DOE,
Defendants.
Notice is given that pursuant to the Uniform Final Judgment of Foreclosure dated December 21, 2016, entered in Case No. 2015 CA 2232 CA AX ES of the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, in which ROSIER JOINT TRUST created u/a February 18, 2014, is the Plaintiff, and SERVE & EDUCATE, LLC, REST PASCO, LLC, THE BLACK SADDLE INC., d/b/a BLACK SADDLE RANCH, SKIP DRISH, and JOE DRISH, are the Defendants, the Clerk of the Circuit Court will sell to the highest and best bidder for cash to be conducted in an online sale at on 2nd day of February, 2017, in accordance with Chapter 45 Florida Statutes, the following-described property set forth in said Uniform Final Judgment of Foreclosure:
Parcel 1:
Commence at the Northwest corner of the Northeast 1/4 of Section 10, Township 25 South, Range 18 East, Pasco County, Florida, thence S 00Ëš03'37" E, along the West Boundary of Northeast 1/4 of said Section 10, a distance of 1300.30 feet for a Point of Beginning: thence N 88Ëš38'29" E, a distance of 2668.18 feet, thence S 01Ëš03'34" W, a distance of 571.78 feet: thence N 88Ëš41'02" W, a distance of 842.30 feet; thence S 01Ëš18'58" W, a distance of 516.51 feet to the North right of way line of State Road No. 52; thence N 88Ëš41'02" W, along said right of way line, a distance of 770.42 feet to a point of curvature; thence along said right of way 726.44 feet on the arc of a curve to the left, having a radius of 1687.02 feet, subtended by a chord of 720.84, bearing S 78Ëš56'56" W; thence continue along said right of way line S 66Ëš33'01" W, 353.06 feet; thence leaving said right of way N 00Ëš03'37" W, a distance of 1266.43 feet to the Point of Beginning. Subject to an easement for ingress and egress over and across the parcel of land described herein.
Parcel 3:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 25 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA, THENCE N88Ëš38'29"E, ALONG THE NORTH BOUNDARY OF NORTHEAST 1/4 OF SAID SECTION 10, A DISTANCE OF 2693.62 FEET TO THE NORTHEAST CORNER OF NORTHEAST 1/4 OF SAID SECTION 10; THENCE S01Ëš03'34"W, A DISTANCE OF 1301.12 FEET; THENCE S88Ëš38'29"W, A DISTANCE OF 2668.18 FEET TO A POINT ON THE WEST BOUNDARY OF NORTHEAST 1/4 OF SAID SECTION 10; THENCE N00Ëš03'37"W, ALONG SAID NORTHEAST 1/4, A DISTANCE OF 1300.30 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS 40 FEET WIDE 20 FEET EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 25 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA, THENCE S00Ëš03'37"E, ALONG THE WEST BOUNDARY OF NORTHEAST 1/4 OF SAID SECTION 10, A DISTANCE OF 1300.30 FEET; THENCE N88Ëš38'29"E, A DISTANCE OF 1345.30 FEET TO THE CENTERLINE OF SAID EASEMENT AND FOR A POINT OF BEGINNING; THENCE S00Ëš03'37"E, ALONG SAID CENTERLINE, A DISTANCE OF 1026.85 FEET MORE OR LESS TO THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 52 TO THE POINT OF TERMINATION.
Parcel 4:
The South 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 3, Township 25 South, Range 18 East, Pasco County, Florida.
TOGETHER WITH assignment of all rents, leases and profits and interest in tangible and intangible property as described in SCHEDULE “A” attached hereto; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the following (including insurance, general intangibles and acccount proceeds).
SCHEDULE “A”
SCHEDULE TO UCC-1
This Financing Statement covers the following types and items of property:
(a) Improvements. All buildings, structures, betterments, and other improvements of any nature now or hereafter situated in whole or in part upon the lands in Pasco County, Florida, described on Schedule “A” attached (the “Land”), 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 or 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 the Debtor's interest in all 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, inscinerating, 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, cabinents 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 substitions 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 and concesions 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) Contact Rights and Accounts. Alll of the 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 rising, 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 to 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 in 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 choices in action.
(j) Development Rights. All permits, plans, approvals, engineering, impact fees and any other incidental rights to development of the subject property and/or contracts associated therewith.
As used in this Schedule, the term “include” is for illustrative purposes only and is always without limitation.
Property address(es): 19765 State Road 52, Land O Lakes, Florida 34637 (Parcel 1 & 3)
Physical Address: N/A (Parcel 4)
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
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. Within two (2) working days of your receipt of this Notice of Sale pleae 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; via 1-800-955-8771 if you are hearing impaired. The court does not provide transportation and cannot accomdate for this service. Persons with disabilities needing transportation to court should contact their local public transportation providers for information regarding disabled transportation services.
Dated this 22nd day of December, 2016.
By: Ronald B. Cohn
Florida Bar No. 599786
BURR & FORMAN LLP
One Tampa City Center
201 North Franklin Street, Suite 3200
Tampa, Florida 33602
(813) 221-2626 (telephone)
(813) 221-7335 (facsimile)
Primary: [email protected]
Secondary: [email protected]
& [email protected]
Attorneys for Plaintiff
28742030 v1
Dec. 30, 2016; Jan. 6, 2017 16-03460P