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NOTICE OF SALE
IN THE CIRCUIT COURT, SEVENTH
JUDICIAL CIRCUIT, IN AND FOR
VOLUSIA COUNTY, FLORIDA
CASE NO.: 2022 31516 CICI
DIVISION: 31
AMERIS BANK, a Georgia banking corporation,
Plaintiff, vs.
KELLY GROSS, an individual, BRIAN GROSS, an individual, and UNKNOWN PARTY IN POSSESSION OF 3630 RODEO ACRES DRIVE, ORMOND BEACH, FLORIDA 32174,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Amended Final Summary Judgment rendered on August 31, 2023, in that certain cause pending in the Circuit Court in and for Volusia County, Florida, wherein AMERIS BANK, a Georgia banking corporation, is Plaintiff, and KELLY GROSS, an individual, BRIAN GROSS, an individual, and UNKNOWN PARTY IN POSSESSION OF 3630 RODEO ACRES, are Defendants, in Case No. 2022 31516 CICI, the Clerk of the aforesaid Court will at 11:00 a.m. on January 19, 2024, offer for sale and sell to the highest bidder for cash on Volusia County Clerk's Public Auction website: www.volusia.realforeclose.com, in accordance with Chapter 45, Florida Statutes, the following described property, situated and being in Volusia County, Florida, to-wit:
LOT 6, RODEO ACRES, AS PER AN UNRECORDED PLAT MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 14 SOUTH, RANGE 30 EAST, VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OR REFERENCE COMMENCE AT THE CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 89°07'19” WEST ALONG THE NORTH LINE OF SAID SECTION 26, 421.05 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 01°16'08” EAST, 658 FEET; THENCE NORTH 89°07'19” EAST 352.5 FEET; THENCE SOUTH 01°16'05” EAST 669.92 FEET; THENCE SOUTH 89°16'47” WEST 532.52 FEET; THENCE NORTH 01 °16'08” WEST 1326.45 FEET; THENCE NORTH 89°07'19” EAST 180 FEET TO THE POINT OF BEGINNING.
BEING SUBJECT TO A ROAD, DRAINAGE AND UTILITY EASEMENT OVER THE NORTHERLY 30 FEET THEREOF.
TOGETHER WITH A NON EXCLUSIVE EASEMENT DESCRIBED AS FOLLOWS: A PORTION OF THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 14 SOUTH, RANGE 30 EAST AND A PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 14 SOUTH, RANGE 30 EAST, ALL IN VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY 30 FEET OF THE SAID NORTHWEST 1/4 OF SECTION 25, EXCEPTING THE EASTERLY 676 FEET THEREOF; THE NORTHERLY 30 FEET OF THE EASTERLY 1,011.05 FEET OF SAID SECTION 26.
ALSO, THE EASTERLY 12 1/2 FEET OF THE FOLLOWING DESCRIBED PARCEL: A PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 14 SOUTH, RANGE 30 EAST, VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AS A POINT OF REFERENCE COMMENCE AT THE CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 26, THENCE SOUTH 89°07'19” WEST 48.55 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01°16'08” EAST, 658 FEET; THENCE SOUTH 89°07'19” WEST 165.5 FEET; THENCE NORTH 01°16'08” WEST 658 FEET THE NORTH LINE OF SAID SECTION 26; THENCE NORTH 89°07'19” EAST ALONG THE NORTH LINE OF SAID SECTION 26, 165.5 FEET TO THE POINT OF BEGINNING. BEING SUBJECT TO A ROAD DRAINAGE AND UTILITY EASEMENT OVER THE NORTHERLY 30 FEET THEREOF AND BEING SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER THE EASTERLY 12.5' THEREOF.
ALSO, THE WEST 12' OF THE FOLLOWING DESCRIBED PARCEL: A PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 14 SOUTH, RANGE 30 EAST AND A PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 14 SOUTH, RANGE 30 EAST, VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID SECTION 25; THENCE NORTH 88°58'51” EAST ALONG THE NORTH LINE SAID SECTION 25, 128.95 FEET; THENCE SOUTH 01°12' 11” EAST, 605 FEET; THENCE SOUTH 88°58'51” WEST, 125.61 FEET; THENCE SOUTH 89°07'19” WEST, 51.20 FEET; THENCE NORTH 01°16'08” WEST, 605 FEET TO THE NORTH LINE OF SAID SECTION 26; THENCE NORTH 89°07'19” EAST, 48.55 FEET TO THE POINT OF BEGINNING. BEING SUBJECT TO A ROAD, DRAINAGE AND UTILITY EASEMENT OVER THE NORTHERLY 30 FEET THEREOF AND BEING SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER THE WESTERLY 12.5 FEET THEREOF.
ALSO, LESS THAT PORTION CONTAINED IN THAT CERTAIN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 7104, PAGE 4491, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.
(hereinafter referred to as the “Real Property”) except as herein before set forth, in accordance with Section 45.031, Florida Statutes. The “highest bidder” for purposes of this Notice of Sale is defined as the party who bids the largest amount of money to purchase the Real Property, and who completes the sale in a timely fashion, as hereinafter set out. The one who bids the largest amount of money to purchase the Real Property shall be permitted to complete the sale by delivering to the Clerk the balance of such bid, over and above the deposit, by 10:00 a.m. ET of the next business day following the sale.
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 BEFORE THE CLERK REPORTS THE SURPLUS AS UNCLAIMED.
Dated: December 14, 2023
AKERMAN LLP
By: s/ Christian P. George
Christian P. George
Florida Bar No. 41055
Primary Email:
[email protected]
Secondary Email:
[email protected]
Secondary Email:
[email protected]
50 North Laura Street, Suite 3100
Jacksonville, Florida 32202
Telephone: (904) 798-3700
Facsimile: (904) 798-3730
Attorneys for Ameris Bank
74046043;1
December 21, 28, 202323-00378I