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NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA
CASE NO. 2024-CA-002223
CIVIL DIVISION
NEW PROVIDENCE CAPITAL
LENDING II, LP,
Plaintiff, v.
BELLAVIVA AT LITTLE LAKE HAMILTON, LLC, a Florida
limited liability company,
MARONDA HOMES, INC. OF FLORIDA, a converted Florida
corporation n/k/a MARONDA HOMES, LLC OF FLORIDA, a Florida limited liability company, and UNKNOWN PARTIES IN POSSESSION OF THE SUBJECT PROPERTY
Defendants,
NOTICE IS HEREBY GIVEN pursuant to that certain Uniform Default Final Judgment of Mortgage Foreclosure entered and dated February 7, 2025, in Case No. 2024-CA-002223 of the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida in which NEW PROVIDENCE CAPITAL LENDING II, LP is the Plaintiff and BELLAVIVA AT LITTLE LAKE HAMILTON, LLC is Defendant, the Polk County Clerk of the Court will sell to the highest and best bidder for cash online at the following website: https://polk.realforeclose.com on Friday, March 14, 2025 at 10:00 AM EST the following described property as set forth in said Uniform Default Final Judgment of Mortgage Foreclosure:
Parcel 1:
That part of Government Lots 3 and 14, In Section 5, Township 28 South, Range 27 East, Polk County, Florida lying within the following metes and bounds description:
Commence on the West boundary of Section 5, at a point 397.82 feet South of the Northwest Corner of the Southwest 1/4 of the Northwest 1/4 of Section 5, Township 28 South, Range 27 East, said point being on a curve concave to the Northerly, having a radius of 2864.79 feet; thence from a Tangent Bearing of South 83°46'09” East run Easterly along said curve 259.53 feet through an angle of 05°11'26”; thence South 12°51'18” East, 511.84 feet; thence South 28°51'18” East, 1286.64 feet; thence South 58°35'00” West, 590.80 feet to a Point of Beginning; run thence North 31°25'00” West 20 feet; thence South 58°35'00” West, 500.00 feet; thence South 31°25'00” East, 500.00 feet; thence North 58°35'00” East, 500.00 feet; thence North 31°25'00” West 480.00 feet to the Point of Beginning.
ALSO: a Haul Route In the above-described Government Lots 3 and 14, lying within 20 feet each side of the following described Haul Route Survey Line:
Begin on the above-described point of beginning of Borrow Pit #3; run thence North 58°35'00” East, 590.80 feet; thence North 28°51'18” West, 1286.64 feet; thence North 12°51'18” West, 511.84 feet to end said Haul Route Survey Line.
Less existing rights of way.
Parcel 2:
The South Half of the Northeast 1/4 of the Northwest 1/4 lying South of highway, and the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 lying South of the highway, and U.S. Government Lots 2, 3,12, 13 and 14, all in Section 5, Township 28 South, Range 27 East, Polk County, Florida; LESS AND EXCEPT that part of Government Lots 2 and 3 lying North of State Road 544 and LESS AND EXCEPT that part of Section 5, Township 28 South, Range 27 East, lying South and West of State Road 25.
LESS AND EXCEPT:
That part of the Northeast Quarter of the Northwest Quarter of Section 5, Township 28 South, Range 27 East, Polk County Florida, bounded on the Northerly and Westerly sides by the old Haines City - Winter Haven Highway (Scenic Drive) and bounded on the Southerly and westerly sides by State Road 544 (Lucerne Park Road), being more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of said Section 5, said Corner being designated by a found 1-1/2 inch pipe filled with concrete, previously located with a brass cap stamped Government Land Office; thence South 00°24”33” East, along the East line of the Northeast Quarter of the Northwest Quarter of said Section 5, a distance of 501.71 feet to a point lying approximately one foot Southeasterly of the asphalt pavement of the old Haines City - Winter Haven Highway and said point being the Point of Beginning of this description; thence continue South 00°24'33” East, along the East line or said Northeast Quarter of the Northwest Quarter, a distance of 547.74 feet to a point on the Northerly right-of-way line erf State Road 544, said point being on a non-tangential curve concave to the Northwest, said curve having a radius of 2824.79 feet, a central angle of 08°08'38”, a chord distance of 401.17 feet and a chord bearing of South 61°04'45” West; thence Southwesterly along said curve and northerly right-of-way line an arc length of 401.51 feet; thence North 69°27”43” West, along a non-tangent Iine and continuing along said Northerly right-of-way line, 20.96 feet; thence North 23°56”10” West, continuing along said Northerly right-of-way line, 17.70 feet to the beginning of a tangential curve concave to the East, said curve having a radius of 70.00 feet, a central angle of 61°11'31”, a chord distance of 71.26 feet and a chord bearing of North 06°39'35” East; thence Northerly along said curve and Northerly right-of-way line an arc length of 74.76 feet to a point of reverse curve concave to the Northwest, said curve having a radius of 984.93 feet, a central angle of 03*00'00”, a chord distance of 51.56 feet and a chord bearing of North 35°45'21” East; thence Northeasterly along said curve and Northerly right-of-way line an arc length of 51.57 feet; thence North 37°21'46” East, departing from said Northerly right-of-way line and along a line lying approximately one foot Southeasterly of the asphalt pavement of the old Haines City - Winter Haven Highway, 111.73 feet; thence North 19° 18'29” East, approximately one foot Easterly of said asphalt pavement, 32.81 feet to the beginning of a non-tangential curve concave to the Northwest, said curve having a radius of 633.54 feet, a central angle of 11°0622”, a chord distance of 122.61 feet and a chord bearing of North 30°52'16” East; thence Northeasterly along said curve and approximately one foot Southeasterly of said asphalt pavement an arc length of 122.80 feet; thence North 25°18'58” East, approximately one foot Easterly erf said asphalt pavement, 344.86 feet to the beginning of a tangential curve concave to the Southeast, said curve having a radius of 272.07 feet, a central angle of 17°34'33”, a chord distance of 83.13 feet and a chord bearing of North 34°06'17” East; thence Northeasterly along said curve and approximately one foot Southeasterly of said asphalt pavement an arc length of 83.46 feet to the said Point of Beginning.
FURTHER LESS AND EXCEPT:
That part of Government Lots 3 and 14, In Section 5, Township 28 South, Range 27 East, Polk County, Florida lying within the following metes and bounds description: Commence on the West boundary of Section 5, at a point 397.82 feet South of the Northwest Corner of the Southwest Quarter of the Northwest Quarter of Section 5, Township 28 South, Range 27 East, said point being on a curve concave to the Northerly, having a radius of 2864.79 feet; thence from a tangent bearing of South 83°46'09” East run Easterly along said curve 259.53 feet through an angle of 05°11'26”; thence South 12°51'18” East, 511.84 feet; thence South 28°51'18” East, 1286.64 feet; thence South 58°35'00” West, 590.80 feet to a Point of Beginning; run thence North 31°25'00” West 20 feet; thence South 58°35'00” West, 500.00 feet; thence South 31°25'00” East, 500.00 feet; thence North 58°35'00” East, 500.00 feet; thence North 31°25'00” West 480.00 feet to the Point of Beginning. (Borrow Pit)
AND FURTHER LESS AND EXCEPT:
A Haul Route In the above-described Government Lots 3 and 14, lying within 20 feet each side of the following described Haul Route Survey Line: Begin on the above-described Point of Beginning of Borrow Pit #3; run thence North 58°35'00” East, 590.80 feet; thence North 28°51'18” West, 1286.64 feet; thence North 12°51'18” West, 511.84 feet to end said Haul Route Survey Line. (Haul Route)
AND FURTHER LESS AND EXCEPT:
Those portions of property conveyed to BBHRG Holdings at Little Lake Hamilton, LLC, a Florida limited liability company, in Special Warranty Deeds recorded November 23, 2020, in Official Records Book 11465, Page 2120 and Official Records Book 11465, Page 2117 and Quit Claim Deed recorded January 16, 2018, in Official Records Book 10369, Page 968, Public Records of Polk County Florida.
Parcel 3:
A parcel of land being a portion of the Northwest Quarter of Section 5, Township 28 South, Range 27 East, Polk County, Florida, also known as Lots 199 through 222, of the proposed plat of Bellaviva at Haines City, being described as follows:
Commence at the intersection of the Southerly right-of-way line of State Road 544 and the West line of said Northwest Quarter of Section 5; thence South 00°16'40” East, along said West line, a distance of 1572.16 feet; thence North 89°43'20” East, a distance of 1564.64 feet to the Westernmost Corner of proposed Lot 199 and the Point of Beginning; thence South 50°18'57” East, along the Westerly line of proposed Lots 199 and 201, a distance of 164.33 feet to the Southeasterly line of said Lot 200; thence along the Southeasterly lines of Lots 200 through 222 for the following ten courses; (1) thence North 45°41'12” East, a distance of 256.19 feet; (2) thence North 39°41'03” East, a distance of 62.22 feet to a point of curvature to the left having a radius of 1445.00 feet, a central angle of 02°36'56”, a chord bearing of North 38°22'35” East and a chord distance of 65.96 feet; (3) thence Northeasterly, long the arc of said curve, a distance of 65.96 feet; (4) thence North 37°04'07” East, a distance of 427.75 feet; (5) thence North 76°39'13” East, a distance of 29.98. feet; (6) thence North 48°49'56” East, a distance of 38.72 feet; (7) thence North 44°24'10” East, a distance of 95.13 feet; (8) thence North 44°41'41” East, a distance of 91.01 feet; (9) thence North 46°02'07” East, a distance of 164.78 feet; (10) thence North 43°39'19” East, a distance of 27.21 feet to the Northeasterly line of Lot 222; thence North 43°57'53” West, along said Northeasterly line, a distance of 120.62 feet to a point on a non-tangent curve to the right, having a radius of 64.00 feet, a central angle of 26°33'01”, a chord bearing of South 32°45'36” West and a chord distance of 29.39 feet; thence along the Northwesterly lines of Lots 199 through 222 for the following nine courses; (1) thence Southwesterly, along the arc of said curve, a distance of 29.66 feet; (2) thence South 46°02'07” West, a distance of 59.97 feet to a point of curvature to the right, having a radius of 325.00 feet, a central angle of 26°24'42”, a chord bearing of South 59°14'28” West and a chord distance of 148.49 feet; (3) thence Southwesterly along the arc of said curve, a distance of 149.82 feet to a point of reverse curvature of a curve to the left, having a radius of 150.00 feet, a central angle of 35°22'42”, a chord bearing of South 54°45'28” West and a chord distance of 91.16 feet; (4) thence Southwesterly, along the arc of said curve, a distance of 92.62 feet; (5) thence South 37°04'07” West, a distance of 569.01 feet to a point of curvature to the right, having a radius of 1315.00 feet, a centra! angle of 02°36'56”, a chord bearing of South 38°22'35” West and a chord distance of 60.03 feet; (6) thence Southwesterly, along the arc of said curve, a distance of 60.03 feet; (7) thence South 39°41'03” West, a distance of 76.80 feet to a point of curvature to the right, having a radius of 125.00 feet, a central angle of 70°31'00”, a chord bearing of South 74°56'33” West and a chord distance of 144.32 feet; (8) thence Southwesterly, along the arc of said curve, a distance of 153.84 feet; (9) thence South 29°24'28” West, a distance of 124.36 feet to the Point of Beginning.
Parcel 4:
A parcel of land being a portion of the Northwest 1/4 of Section 5, Township 28 South, Range 27 East, Polk County, Florida, also being Tract C-1 and a portion of Tract P of the proposed plat of Bellaviva at Haines City, being described as follows:
Commence at the intersection of the Southerly right-of-way line of State Road 544 and the West line of said Northwest 1/4 of Section 5; thence South 00°16'40” East, along said West line, a distance of 2352.96 feet; thence North 89°43'20” East, a distance of 799.56 feet to the Northernmost corner of proposed Tract E-1 of said plat of Bellaviva at Haines City and the Point of Beginning; said point lying on the Northerly line of proposed Tact P of said plat of Bellaviva at Haines City, and also being on the arc of a curve to the left, having a radius of 240.00 feet, a central angle of 31°52'04”, a chord bearing of North 06°41'02” East, and a chord distance of 131.77 feet; thence along said Northerly lines of proposed Tract P for the following twelve courses; (1) thence Northeasterly along the arc of said curve, a distance of 133.49 feet to a point of reverse curvature of a curve to the right, having a radius of 310.00 feet, a central angle of 38°31'06”, a chord bearing of North 10°00'33” East and a chord distance of 204.50 feet; (2) thence Northeasterly, along the arc of said curve, a distance of 208.40 feet; (3) thence North 29°16'06” East, a distance of 360.67 feet to a point of curvature to the right, having a radius of 160.00 feet, a central angle of 33°26'04”, a chord bearing of North 45°59'08” East and a chord distance erf 92.05 feet; (4) thence Northeasterly, along the arc of said curve, a distance of 93.37 feet to a point of reverse curvature of a curve to the left, having a radius of 240.00 feet, a central angle of 23°19'14”, a chord bearing of North 51°02'33” East and a chord distance of 97.01 feet; (5) thence Northeasterly, along the arc of said curve, a distance of 97.69 feet to a point of reverse curvature of a curve to the right, having a radius of 25.00 feet, a central angle of 58°15'09”, a chord bearing of North 68°30”31” East and a chord distance of 24.34 feet; (6) thence Northeasterly, along the arc of said curve, a distance of 25.42 feet to a point of reverse curvature of a curve to the left, having a radius of 101.37 feet, a central angle of 35°24'08”, a chord bearing of North 79°56'01” East and a chord distance of 61.64 feet; (7) thence Northeasterly, along the arc of said curve, a distance of 62.63 feet; (8) thence South 18°06'46” East, a distance of 89.16 feet; (9) thence North 90°00'00” East, a distance of 69.94 feet; (10) thence South 00°00'00” East, a distance of 18.72 feet; (11) thence North 90°00'00” East, a distance of 81.96 feet; (12) thence North 39°41'03” East, a distance of 106.88 feet; thence South 50°18'57” East, parallel and 50 feet Westerly of said Westerly line of proposed Lot 198, the Westerly line of Lots 199 through 200, and their Southeasterly extension, a distance of 349.56 feet to the boundary line of aforesaid proposed Tract C-1; thence South 37°28'11” West, along said boundary line, a distance of 1194.41 feet; thence North 46°16'02” West along said boundary line of said Tract C and the boundary line of proposed Tract P, a distance of 127.06 feet; thence along said Northerly lines of proposed Tract P for the following six courses; (1) thence North 24°23'33” West, a distance of 74.98 feet; (2) thence North 37*55'41” West, a distance of 79.28 feet; (3) thence North 32°27'59” West, a distance of 57.56 feet; (4) thence North 30°59'33” West, a distance of 53.00 feet; (5) thence North 29°03'59” East, a distance of 70.88 feet; (6) thence North 60°55'26” West, a distance of 54.00 feet to the Point of Beginning.
Parcel 5:
A portion of Section 5, Township 28 South, Range 27 East, Polk County, Florida. Being more particularly described as follows:
Commencing at the Southwest Corner of Section 5, Township 28 South, Range 27 East, Polk County, Florida, thence run N00°16'40” West, along the West line of said Section 5, a distance of 2627.08 feet; thence run North 89°41'48” East a distance of 580.07 feet to the Point of Beginning; thence run North 11°39'07” East a distance of 34.56 feet; thence run North 79°45'08” West a distance of 76.46 feet; thence run North 35°30'32” West a distance of 47.00 feet; thence run North 40°08'19” West a distance of 100.16 feet; thence run North 31°40'20” West, a distance of 130.54 feet; thence run North 25°15'34” West a distance of 258.57 feet; thence run North 10°06'45” East a distance of 62.68 feet; thence run North 56°53'59” West a distance of 93.70 feet; thence run North 10°41'05” West a distance of 8.67 feet; thence run North 10°40'37” East a distance of 113.43 feet; thence run North 31°35'13” East a distance of 35.24 feet; thence run North 13°51'20” West a distance of 48.37 feet to a point on a non-tangent curve concave to the North, having a radius of 2964.72 feet and a central angle of 15°08'14”; thence run Easterly along the arc of said curve, a distance of 783.26 feet (chord bearing = North 84°27'40” East, chord = 780.98 feet); thence run South 00°18'12” East, a distance of 652.34 feet to a point on a non-tangent curve concave to the Southeast, having a radius of 75.00 feet and a central angle of 34°36'36”; thence run Southwesterly along the arc of said curve, a distance of 45.30 feet (chord bearing = South 24°34'19” West, chord = 44.62 feet); thence run South 07°16'01” West a distance of 73.52 feet to the point of curvature of a curve concave to the East, having a radius of 125.00 feet and a central angle of 07°34'13”; thence run Southerly along the arc of said curve, a distance of 16.52 feet (chord bearing = South 03°28'55” West, chord = 16.50 feet); thence run South 00°18'12” East, a distance of 108.17 feet; thence run South 89°41'48” West, a distance of 372.31 fed to the Point of Beginning.
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.
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 this 11th day of February, 2025.
Respectfully submitted,
NELSON MULLINS RILEY &
SCARBOROUGH LLP
1905 N.W. Corporate Blvd., Suite 310
Boca Raton, Florida 33431-7381
P: 561-343-6900 | F: 561-483-7321
By: /s/ T.W. Anderson
Terrance W. Anderson, Jr., Esq.
Florida Bar No. 27426
[email protected]
[email protected]
Feb. 28; Mar. 7, 2025 25-00320K