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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO COUNTY, FLORIDA
CASE NO.: 51-2013-CA-1626-ES
CADENCE BANK, a national banking association, as successor by Asset Acquisition from the Federal Deposit Insurance Corporation, as Receiver of Superior Bank, successor by merger of First Kensington Bank,
Plaintiff, vs.
ELTON C. WEBB, II, an individual, TINA WEBB, an individual, ASBESTOS CERTIFIED TECHNICIANS, INC., n/k/a ALL CATASTROPHE CONSTRUCTION TEAM, INC., a Florida corporation,
Defendants.
NOTICE is hereby given that pursuant to the Amended Summary Final Judgment of Foreclosure, dated October 23, 2017, and the Order Granting Plaintiff's Motion to Reschedule Foreclosure Sale and Scheduling Foreclosure Sale dated November 3, 2017, in the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, Florida, Case No.: 2013-CA-1626, the office of the Pasco County Clerk of the Circuit Court shall sell the following described property situated in Collier County, Florida as set forth in said Final Judgment, to wit:
SEE ATTACHED EXHIBIT “1”
EXHIBIT “1”
PARCEL A, A/K/A PARCEL 1:
STARTING AT THE CENTER OF ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY WHERE IT INTERSECTS TO SOUTHWESTERN BOUNDARY OF FEDERAL HIGHWAY #41 RIGHT-OF-WAY; THENCE RUN IN A SOUTHEASTERLY DIRECTION ALONG FEDERAL HIGHWAY #41 RIGHT-OF-WAY, A DISTANCE OF 50.00 FEET FOR A POINT OF BEGINNING; THENCE RUN SOUTHWESTERLY AND PARALLEL WITH THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY, A DISTANCE OF 250.00 FEET; THENCE RUN SOUTHEASTERLY AND PARALLEL WITH FEDERAL HIGHWAY #41, A DISTANCE OF 150.00 FEET; THENCE RUN SOUTHWESTERLY AND PARALLEL WITH THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY, A DISTANCE OF 250.00 FEET; THENCE RUN SOUTHEASTERLY AND PARALLEL WITH FEDERAL HIGHWAY #41, A DISTANCE OF 40.00 FEET; THENCE RUN NORTHEASTERLY AND PARALLEL WITH THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY, A DISTANCE OF 500.00 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY #41; THENCE RUN NORTHWESTERLY ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF FEDERAL HIGHWAY #41, A DISTANCE OF 190.00 FEET TO THE POINT OF BEGINNING, BEING IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA.
LESS AND EXCEPT: ANY PORTION OF THE FOREGOING PARCEL LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND:
COMMENCE 720.00 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA; THENCE RUN NORTHEAST PARALLEL WITH THE ACL RAILROAD 211.07 FEET TO A POINT 500 FEET DISTANCE FROM THE SOUTHWEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 FOR A POINT OF BEGINNING; THENCE RUN NORTHWEST PARALLEL WITH U.S. HIGHWAY NO. 41, A DISTANCE OF 562.2 FEET MORE OR LESS TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE ACL RAILROAD; THENCE RUN SOUTHEASTERLY 581.86 FEET TO A POINT 350.00 FEET DISTANT FROM THE SOUTHWEST RIGHT OF-WAY LINE OF U.S. HIGHWAY NO. 41, AND 562.2 FEET FROM THE SOUTHEAST RIGHT-OF-WAY LINE OF THE ACL RAILROAD; THENCE SOUTHWESTERLY, A DISTANCE OF 150.0 FEET, PARALLEL WITH THE ACL RAILROAD TO THE POINT OF BEGINNING.
PARCEL B, A/K/A PARCEL 2:
BEGIN AT THE INTERSECTION OF THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 45 FORMERLY STATE ROAD NO. 5, ALSO KNOWN AS U.S. HIGHWAY NO. 41, WITH THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE ATLANTIC COAST LINE RAILROAD, AT A POINT OF COMMENCEMENT 100.00 FEET SOUTHEASTERLY FROM THE CENTERLINE OF THE ACLRR RIGHT-OF-WAY; THENCE RUN SOUTHWESTERLY ALONG THE RIGHT-OF-WAY OF THE ACLRR, A DISTANCE OF 250.00 FEET FOR A POINT OF BEGINNING; THENCE RUN SOUTHWESTERLY ALONG THE ACLRR RIGHT-OF-WAY, A DISTANCE OF 250.00 FEET; THENCE RUN SOUTHEASTERLY AT RIGHT ANGLES TO SAID RR RIGHT-OF-WAY, A DISTANCE OF 100.00 FEET; THENCE RUN NORTHEASTERLY PARALLEL TO SAID RR RIGHT-OF-WAY, A DISTANCE OF 250.00 FEET; THENCE RUN NORTHWESTERLY AND PARALLEL WITH U.S. HIGHWAY NO. 41, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING, ALL LYING IN SECTION 1, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA.
AND TOGETHER WITH:
THEAT PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA; BEGIN AT THE INTERSECTION OF THE SOUTHWESTERLY ATLANTIC COAST LINE RAILROAD COMPANY RIGHT-OF-WAY AND SOUTHEASTERLY U.S. HIGHWAY NO. 41 RIGHT-OF-WAY, (BEING 100.00 FEET DISTANT FROM THE CENTERLINE OF SAID RAILROAD RIGHT-OF-WAY); THENCE RUN SOUTHWESTERLY AND PARALLEL WITH THE ATLANTIC COAST LINE RAILROAD COMPANY RIGHT-OF-WAY, A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTHWESTERLY PARALLEL WITH THE U.S.HIGHWAY RIGHT-OF-WAY LINE, A DISTANCE OF 50.00 FEET; THENCE RUN SOUTHWESTERLY PARALLEL WITH THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY, A DISTANCE OF 250.00 FEET; THENCE RUN SOUTHEASTERLY PARALLEL WITH THE U.S. HIGHWAY NO. 41 RIGHT-OF-WAY, A DISTANC E OF 50.00 FEET TO THE INTERSECTION OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE ATLANTIC COAST LINE RAILROAD (100.00 FEET FROM THE CENTERLINE); THENCE RUN NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE OF THE ATLANTIC COAST LINE RAILROAD, A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT: ANY PORTION OF THE FOREGOING PARCEL(S) LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND:
COMMENCE 720.00 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA; THENCE RUN NORTHEAST PARALLEL WITH THE ACL RAILROAD 211.07 FEET TO A POINT 500 FEET DISTANCE FROM THE SOUTHWEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 FOR A POINT OF BEGINNING; THENCE RUN NORTHWEST PARALLEL WITH U.S. HIGHWAY NO. 41, A DISTANCE OF 562.2 FEET MORE OR LESS TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE ACL RAILROAD; THENCE RUN SOUTHEASTERLY 581.86 FEET TO A POINT 350.00 FEET DISTANT FROM THE SOUTHWEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41, AND 562.2 FEET FROM THE SOUTHEAST RIGHT-OF-WAY LINE OF THE ACL RAILROAD; THENCE SOUTHWESTERLY, A DISTANCE OF 150.0 FEET, PARALLEL WITH THE ACL RAILROAD TO THE POINT OF BEGINNING.
PARCEL C, A/K/A PARCEL 3:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 515 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA, AT ITS INTERSECTION WITH THE EASTERLY LINE OF EAST IVELMAR ROAD 9TOWER ROAD), AS RECORDED IN PLAT BOOK 4, PAGE 55, OF THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF PASCO COUNTY, FLORIDA; THENCE EAST ALONG THE AFORESAID NORTH LINE OF THE SOUTH 515 FEET, A DISTANCE OF 360 FEET; THENCE SOUTH 120 FEET; THENCE WEST AND PARALLEL TO AFORESAID NORTH LINE OF THE SOUTH 515 FEET TO THE EASTERLY LINE OF EAST IVELMAR (TOWER) ROAD; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF EAST VELMAR (TOWER) ROAD TO THE POINT OF BEGINNING.
All machinery, apparatus, equipment, fittings, fixtures of every kind and nature whatsoever, now owned or hereafter acquired and which is now or will hereafter be located in or upon the Premises, or any part thereof, and used or usable in connection with the use and operation of buildings or for use in any construction being conducted on the Premises, (hereafter called the “Building Equipment”, it being understood and agreed that all Building Equipment is part and parcel of the Premises and appropriated to the use thereof, whether affixed or annexed to the Premises or not);
All right, title and interest in and to all leases or subleases covering the Premises or any portion thereof now or hereafter existing or entered into, and all right, title and interest, without limitation, in all cash or security deposits, advance rentals, and deposits or payments of similar nature;
All right, title and interest in and to all options to purchase or lease the Premises or any portion thereof or interest therein, and any greater estate in the Premises owned or hereafter acquired;
All interest, estate or other claims, both in law and in equity, now or hereafter acquired in the Premises;
All easements, rights-of-way and rights used in connection therewith or as a means of access thereto and tenements, hereditaments and appurtenances thereof and thereto, all right, title and interest in and to any streets and road abutting said Premises to the center lines thereof and in and to any strips or gores of land therein, all water, sanitary and storm systems that are now or hereafter located on or adjacent to Premises and all gas and oil rights, mineral rights, timber rights and riparian and littoral rights pertaining to the Premises;
All awards and proceeds by virture of any taking of all or any part of the Premises by condemnation or exercise of the right of eminent domain or other taking; and
All rents, issues and profits of the Premises and all estate, right, title and interest of every nature whatsoever.
The foregoing Collateral includes, but is not limited to:
(a) All attachments, accessions, accessories, tools, parts, supplies, increases, and additions to and all replacements of and substitutions for any property described above.
(b) All products and produce of any of the property described above.
(c) All accounts, contract rights, general intangibles, instruments, rents, monies, revenues, issues, profits, payments, and all other rights, arising out of a sale, lease, trade, exchange or other disposition of any of the property described above.
(d) All proceeds (including insurance proceeds) from the sale, destruction, loss, condemnation or other disposition of any of the property described above.
(e) All proceeds, refunds or rebates from the cancellation of any insurance policies or any of the property described above or from any warranty, service, disability or credit insurance product or policy for Debtor, for the benefit of Debtor or for any of the property described above.
(f) All records and data relating to any of the property described above, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of the Debtor's right, title and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media.
2005 318 EXCAVATOR 522811307
2005 463 SKID-STEEL LOADER 538911807
TOGETHER WITH ANY REPLACEMENTS, ATTACHMENTS NOW OWNED OR HEREAFTER ACQUIRED.
Together with all the improvements now or hereafter erected on the Property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Mortgage; and all of the foregoing together with said Property (or the leasehold estate) together with said Property (the “Mortgaged Property”).
at public sale to the highest bidder for cash on December 13, 2017 at 11:00 a.m., online at www.pasco.realforeclose.com, in accordance with Section 45.031(10), Florida Statutes.
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 Public Information Dept., Pasco County Government Center, 7530 Little Road, New Port Richey, FL 34654; (727) 847-8110 (V) for proceedings in New Port Richey; (352) 521-4274, ext. 8110 (V) for proceedings in Dade City, at least 7 days before the 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 or voice 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: November 13, 2017
JEFFREY S. ELKINS, Esquire
Florida Bar No.: 0043775
Primary E-Mail: [email protected]
Secondary E-Mail:
[email protected]
SHUTTS & BOWEN LLP
300 S. Orange Ave., Suite 1000
Orlando, FL 32801
Telephone: (407) 835-6790
Facsimile: (407) 849-7259
Attorneys for Plaintiff
November 17, 24, 2017 17-02323P