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NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
Case No.
51-2011-CA-003595-XXXX-WS
BRANCH BANKING AND TRUST
COMPANY, A North Carolina banking corporation,
Plaintiff, vs.
MID-PENINSULA REALTY
INVESTMENT GROUP, LLC, et al,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the August 10, 2015 Final Judgment and March 14, 2016 Order Scheduling Sale (uniform order) and the May 3, 2016 Order Rescheduling foreclosure Sale to June 27, 2016, the Pasco County Circuit Clerk of Court will sell the following property located in Pasco County, described as:
SEE ATTACHED
EXHIBITS A and B
EXHIBIT A
REAL PROPERTY
DESCRIPTION
PARCEL I:
A parcel of land lying within the East 1/2 of the SE 1/4 and the East 700 feet of the West 1/2 of the SE 1/4 of Section 4, Township 25 South, Range 16 East, comprising of Tracts 37, 48 and a portion of Tracts 34, 35 ,36, 38,40, 41, 42, 45, 47, lying in the SE 1/4 of Section 4, as shown on the plat of PORT RICHEY LAND COMPANY SUBDIVISION, recorded in Plat Book 1, Page 61 of the public records of Pasco County, Florida, being further described as follows:
Commence at the Southeast corner of the SE 1/4 of Section 4, Township 25 South, Range 16 East, Pasco County, Florida; thence N 89°53'00” W along the South line of said SE 1/4 of Section 4, a distance of 1,018.01 feet; thence leaving said South line of said SE 1/4 of Section 4, N 00°24'31” E, a distance of 15.00 feet to the point of beginning, same also being a point on the North right-of-way of State Road 52 (being a 30.00 foot wide road right-of-way per the plat of PORT RICHEY LAND COMPANY SUBDIVISION, recorded in Plat Book 1, Page 61 of the public records of Pasco County, Florida), same also being the Southwest corner of that certain parcel of land recorded in Official Record Book 3115, Page 782 of the public records of Pasco County, Florida; thence N 89°53'00” W, along said North right-of-way of State Road 52, same also being a line 15.00 feet North of and parallel with said South line of the SE 1/4 of Section 4, a distance of 1,006.11 feet to the intersection with said North right-of-way of State Road 52 and the West line of the East 700.00 feet of the West 1/2 of said SE 1/4 of Section 4; thence N 01°18'24” E, along said West line of the East 700.00 feet of the West 1/2 of the SE 1/4 of Section 4, a distance of 2,612.83 feet to the intersection with a line 15.00 feet South of and parallel with the North line of said SE 1/4 of Section 4, same being the South right-of-way line of an unnamed road as shown on said plat of PORT RICHEY LAND COMPANY SUBDIVISION, recorded in Plat Book 1, Page 61 of the public records of Pasco County, Florida; thence S 89°31 '06” E along said line being 15.00 feet South of and parallel with the North line of the SE 1/4 of Section 4, a distance of 1,140.05 feet, to the intersection with the West line of Tract 34 of said Port Richey Land Company Subdivision, same being the Northwest corner of that certain parcel of land as described in Official Records Book 5922, Page 1893; thence S 01°16'36” W, along said West line of Tract 34, same being the West line of that certain parcel of land described in Official Records Book 5922, Page 1893 and the West line of that certain parcel of land as described in Official Records Book 5549, Page, 385 of the public records of Pasco County, Florida, respectively, a distance of 239.58 feet, to the Southwest corner of said certain parcel of land as described in Official Records Book 5549, Page 385; thence S 89°33'09” E, along the South line of said certain parcel of land as described in Official Records Book 5549, Page 385 a distance of 180.72 feet to the Northwest corner of that certain parcel of land as described in Official Records Book 1524, Page 406, of the public records of Pasco County, Florida; thence S 00°24'31” W, along the West line of said certain parcel of land as described in Official Records Book 5549, Page 385, a distance of 320.38 feet to the Southwest corner of said certain parcel of land as described in Official Records Book 5549, Page 385; thence N 89°35'29” W, a distance of 352.00 feet; thence S 00°24'31” W, along the West line of that certain parcel of land as described in Official Records Book 3466, Page 349 and its Northerly extension, and the West line of that certain parcel of land as described in Official Records Book 3115, Page 732 and its Northerly extension a distance of 2,045.87 feet to the Point of Beginning.
TOGETHER WITH:
Commence at the Southeast corner of the SE 1/4 of Section 4, Township 25 South, Range 16 East, Pasco County, Florida; thence N 89°53'00” W along the South line of said SE 1/4 of Section 4, a distance of 1,018.01 feet; thence leaving said South line of said SE 1/4 of Section 4, N 00°24'31” E, along the Westerly extended line of that certain parcel of land as described in Official Records Book 3115, Page 732, and the Northerly extension of Official Records Book 3466, Page 349, a distance of 1524.74 feet to the point of beginning; thence continue N 00°24'31” E, along the Northerly extension of said Official Record Book 3466, Page 349, a distance of 521.16 feet; thence S 89°35'29” E, 150.00 feet; thence S 00°24'31” W, along a line 150.00 feet East of and parallel to the Northerly extension of Official Records Book 3466, Page 349, 396.20 feet; thence N 89°35'29” W, 30.05 feet; thence 172.79 feet along the arc of a curve concave to the South, said curve having a radius of 110.00 feet, a Delta of 90°00'00”, a chord bearing of S 45°24'31” W, and a chord length of 155.56 feet to a point of tangency; thence S 00°24'31” W, 14.96 feet; thence N 89°35'29” W, 9.95 feet to the Point of Beginning.
PARCEL II:
Commence at the Southeast corner of Section 4, Township 25 South, Range 16 East, Pasco County, Florida, and run N. 89°34'12” W., along the South line of said Section 4, 116.00 feet to a point on the Westerly right-of-way line of U.S. Highway #19, thence N. 00°43'19” E., along said right-of-way line, 2,056.33 feet to the Point of Beginning, thence N. 89°16'41” W., 230 feet, thence N. 00°43'19” E., 320.14 feet, thence S. 89°14'43” E., 30.25 feet, thence S. 00°45'17” W., 125.00 feet, thence S. 89°14'43” E., 199.91 feet to the Westerly right-of-way line, thence 166.545 feet (calculated) along the arc of a curve line having a radius of 172,036.59 feet and a chord which bears S. 00°45'08” W., 166.545 (calculated), thence continue along the Westerly right-of-way line S. 00°43'19” W., 28.46 feet to the Point of Beginning.
PARCEL III:
PARCEL - “A-1”: a parcel of land being a portion of Section 4, Township 25 South, Range 16 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Southeast corner of the SE 1/4 of Section 4, Township 25 South, Range 16 East, Pasco County, Florida; thence North 89°53'00” West along the South boundary of said SE 1/4 of Section 4, a distance of 116.00 feet (Basis of bearings for this legal description); thence leaving said South boundary of the SE 1/4 of Section 4, North 00°24'31” East along the Southerly extension of the Westerly right of way line of U.S. Highway #19 and along said Westerly right of way line of U.S. Highway #19, respectively, a distance of 1535.11 feet to a Northeasterly corner of that said certain parcel of land described in Official Records book 3466, Page 349, of the public records of Pasco County, Florida; thence along the North boundary of said Official Records Book 3466, Page 349 the following three (3) courses: 1) thence N 89°35'29” West for 230.00 feet to a Northerly corner of said Official Records Book 3466, Page 349; 2) thence North 00°24'31” East for 124.96 feet to the point of beginning; 3) thence North 89°35'29” West for 522.00 feet; thence leaving said North boundary of Official Records Book 3466, Page 349, North 00°24'31” East for 396.20 feet; thence along the Westerly extension of the South boundary of Official Records Book 1524, Page 406 of the public records of Pasco County, Florida, and said South boundary of said Official Records Book 1524, Page 406, respectively, South 89°35'29” East for 752.00 feet to a point of intersection with the Westerly right of way line of U.S. Highway 19; thence along said Westerly right-of-way line of U.S. 19, South 00°24'31” West for 50.0 feet; thence leaving said Westerly right-of-way line of U.S. Highway 19 and along a line 50.00 feet South of and parallel to said South boundary of Official Records Book 1524, Page 406, North 89°35'29” West for 230.00 feet; thence South 00°24'31” West for 346.20 feet to the Point of Beginning.
PARCEL - “A-2”: a parcel of land being a portion of Section 4, Township 25 South, Range 16 East, Pasco County, Florida, being more particularly described as follows:
Commence at the Southeast corner of the SE 1/4 of Section 4, Township 25 South, Range 16 East, Pasco County, Florida; thence North 89°53'00” West along the South boundary of said SE 1/4 of Section 4, a distance of 116.00 feet (basis of bearings for this legal description); thence leaving said South boundary of the SE 1/4 of Section 4 and along the Southerly extension of the Westerly right of way line of U.S. Highway #19
and said Westerly right-of-way line of U.S. Highway #19; respectively, North 00°24'31” East for 2,056.27 feet; thence leaving said Westerly right of way line of U.S. Highway #19, North 89°35'29” West along the South boundary of Official Records Book 1524, Page 406 of the public records of Pasco County, Florida, for 230.00 feet to the point of beginning; thence continue North 89°35'29” West, along said South boundary of Official Records Book 1524, Page 406, for 320.00 feet the Southwest corner of said Official
Records Book 1524, Page 406; thence North 00°24'31” East along the West line of said Official Record Book 1524, Page 406, for 320.38 feet to the Northwest corner of said Official Record Book 1524, Page 406; thence South 89°33'09” East along the North boundary of said Official Records Book 1524, Page 406, for 320.00 feet; thence leaving said North boundary of said Official Record Book 1524, Page 406, South 00°24'31” West, for 320.16 feet to the POINT OF BEGINNING.
PARCEL IV:
A parcel of land being a portion of Section 4, Township 25 South, Range 16 East, Pasco County, Florida and also being a portion of Tract 33 and Tract 36, PORT RICHEY LAND COMPANY SUBDIVISION, as recorded in Plat Book 1, Pages 60 through 61 of the public records of Pasco County, Florida, and being more particularly described as follows:
Commence at the Southeast corner of the SE 1/4 of Section 4, Township 25 South, Range 16 East, Pasco County, Florida; thence North 89°53'00” West along the South boundary of said SE 1/4 of Section 4, (being the basis of bearings for this legal description) a distance of 132.00 feet to the point of intersection with the Southerly extension of the Westerly right of way line of U.S. Highway #19, as shown on the Florida Department of Transportation Right-of- Way Maps, Section 14030-2503, thence leaving said South boundary of the SE 1/4 of Section 4, North 00°24'31” East along said Southerly extension of the Westerly right-of-way line of U.S. Highway #19, as shown on the Florida Department of Transportation Right-of-Way Maps, Section 14030-2503, and
along said Westerly right-of-way line of U.S. Highway #19, respectively, a distance of 1535.19 feet to the intersection with the Northerly boundary of that certain parcel of land described in Official Records Book 3466, Page 349, of the public records of Pasco County, Florida, same also being the point of beginning; thence leaving said Westerly right of way line of U.S. Highway #19, North 89°35'29” West along said Northerly boundary of that certain parcel of land described in Official Records Book 3466, Page 349, for 214.00 feet; thence leaving said Northerly boundary of that certain parcel of land described in Official Records Book 3466, Page 349, North 00°24'31” East along a line 214.00 feet West of and parallel to said Westerly right of way line of U.S. Highway #19, for 471.16 feet; thence South 89°35'29” East, for 214.00 feet to the point of intersection with said Westerly right of way line of U.S. Highway #19; as shown on the Florida Department of Transportation Right-of-Way Maps, Section 14030-2503, thence South 00°24'31” West along said Westerly right of way line of U.S. Highway #19, as shown on the Florida Department of Transportation Right-of Way Maps, Section 14030- 2503, for 471.16 feet to the Point of Beginning.
PARCEL V:
A tract of land lying in a portion of the North 1/2 of Tracts 33 and 34 of the PORT RICHEY LAND COMPANY SUBDIVISION of Section 4,Township 25 South, Range 16 East, as, shown on plat recorded in Plat Book 1, Page 61, of the Public Records of Pasco County, Florida, being further described as follows:
For a Point of Reference, commence at the Northeast corner of the Northeast 1/4 of the Southeast 1/4 of Section 4, Township 25 South, Range 16 East; run thence along the Northerly boundary of the Northeast 1/4 of the Southeast ¼ of said Section 4, said Northerly boundary also being the Northerly boundary of Tract 33, North 89°30'39” West, 153.0 feet to the Westerly right of way line of U.S. Highway No. 19 (State Road No. 55) as it is now constructed for a Point of Beginning: thence South 00°46'27” West along the Westerly right-of-way line of U.S. Highway No. 19 (State Road No. 55) 120.00 feet to the Northeast corner of a parcel of land conveyed by Virginia Birren, single, James P. Birren and Barbara L. Birren, his wife and Marlene I. Drinnen to James P. Birren and Barbara L. Birren, his wife, by deed dated February 25, 1972 recorded in O.R. Book 588, Page 793 of Pasco County Records; thence North 89°30'39” West along the Northerly boundary of said conveyed land 727.89 feet more or less to a point on the Westerly boundary of Tract 34 and the Northwest corner of said conveyed land; thence North 01°22'08” East along said Westerly boundary of Tract 34, 120.10 feet more or less to the Northerly boundary of the Northeast 1/4 of the Southeast 1/4 of said Section 4, said Northerly boundary also being the Northerly boundary of Tract 34; thence South 89°30'39” East along said Northerly boundary of Tract 34 and 33, 726.64 feet more or less to the Point of Beginning. LESS AND EXCEPT the North 15 feet for road right of way.
EXHIBIT B
ADDITIONAL COLLATERAL DESCRIPTION
MID-PENINSULA REALTY INVESTMENT GROUP, LLC (“Debtor”), granted to Branch Banking and Trust Company, a North Carolina banking corporation (“Secured Party”), a first priority security interest in and to the following:
(a) All of Debtor's gas and electrical fixtures, radiators, heaters, space heaters, engines and machinery, boilers, ranges, elevators and motors, bathtubs, sinks, water closets, basins, pipes, faucets and other air conditioning, plumbing and heating fixtures, drapes, mirrors, mantles, refrigerating plants, dishwashers and appurtenances, and all building material and equipment now or hereafter delivered to the Property (as described in Exhibit A attached hereto) and intended to be installed therein; such other goods, equipment, chattels and personal property as are usually furnished by landlords in letting property of the character hereby conveyed (or as hereafter improved) and all renewals or replacements thereof or articles in substitution thereof and all of the estate right, title and interest of the Debtor in and to all property of any nature whatsoever, now or hereafter situated on the Property or intended to be used in connection with the operation thereof, all of which shall be deemed to be fixtures and an accession to the freehold and a part of the realty as between the parties hereto and all persons claiming by, through or under them and shall be deemed to be a portion of the security for the indebtedness herein mentioned and secured by the Mortgage in connection with the Property.
(b) All present and future rents, issues, profits, income, accounts, accounts receivable and the proceeds thereof of any business activity conducted by Borrower on or through the use of the Property. The deposit accounts into which the foregoing
proceeds are deposited with Branch Banking and Trust Company.
(c) All and singular the rights, members and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the Property hereinabove mentioned or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Debtor including but not limited to all of the Debtor's sewer capacity rights, and Debtor's rights under contracts, permits, licenses and all other Documents and payments affecting the Property, and all rents, profits, issues and revenues of the Property from time to time accruing, whether under leases or tenancies now existing or hereafter created, including the Collateral Assignment of Leases, Rents and Contract Rights in connection with the Property.
at an online public sale, to the highest and best bidder, for cash, at www.pasco.realforeclose.com, beginning at 11:00 a.m., on June 27, 2016.
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.
By: Caitlein J. Jammo
FBN #: 105257
Primary e-mail:
[email protected]
Secondary e-mail:
[email protected]
JOHNSON, POPE, BOKOR,
RUPPEL & BURNS, LLP
P.O. Box 1368
Clearwater, FL 33757-1368
727-461-1818 - phone;
727-441-8617 - fax
Attorneys for Bayonet Point
Holdings, LLC
133547 (Bayonet)
June 3, 10, 2016 16-01670P