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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA
CIVIL DIVISION
Case No. 2020-CA-1710
BUILDERS CAPITAL INVESTMENT, LLC, a Washington limited liability Company,
Plaintiff, vs.
FLORIDA HOME TOWN BUILDERS; LLC, JESSICA DAY; DAVID PROFENNO, et al.
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to the Final Judgment of Foreclosure entered in this cause in the Circuit Court of Polk County, Florida, and Fla. Stat. 45.031, Stacy M. Butterfield, CPA, as Clerk of this Court, will sell the receiver's account and the following described real property in Osceola County, Florida, described as:
Pursuant to the Plaintiff's mortgage liens, applicable Florida law, Fla. Stat. 714.16, and the Court orders transferring the lien(s), including the mortgage liens of the Plaintiff, to the sales proceeds of the real property sold by the Receiver, the Plaintiff holds a lien for the total sum in paragraph 1 that is superior to all claims or estates of Defendant(s), against the sales proceeds of the properties sold by the Receiver, as more accurately described in the Final Judgment of Foreclosure, which are being held by the Receiver in account number XXXXX0366, located at Bank OZK, in the name of Poinciana Kissimmee Receiver, LLC (“the Account”). The Receiver shall withhold $266,630.00 from the Account and place such funds in a separate account for use by the Receiver in closing the receivership estate and other costs incurred by the Receiver, which costs shall be subject to being taxed as costs by further order of the Court. The Court reserves jurisdiction to determine the entitlement, amount, and priority of all junior lien(s) against the sales proceeds of the properties sold by the Receiver.
AND
Lot 20, Block 1406 of POINCIANA NEIGHBORHOOD 1 SOUTH VILLAGE 1, according to the Plat thereof as recorded in Plat Book 3, Page(s) 9-16, of the Public Records of OSCEOLA County, Florida. Commonly known as 654 Cotulla Drive, Kissimmee, FL 34758
AND
Lot 6, Block 1458 of POINCIANA NEIGHBORHOOD 1 NORTH VILLAGE 1, according to the Plat thereof as recorded in Plat Book 3, Page(s) 1-8, of the Public Records of OSCEOLA County, Florida.
Commonly known as Chadworth Drive, Kissimmee, FL 34758
at public sale, to the highest and best bidder, for cash, at 10:00 a.m. on October 25, 2021 at www.polk. realforeclose.com.
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 Office of the Court Administrator, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534-4686, 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 or voice impaired, call 711.
DATED: September 28, 2021
Jason M. Ellison
Ellison Lazenby, PLLC
150 2nd Avenue N. Suite 1770
St. Petersburg, FL 33701
October 1, 8, 2021 21-01377K