Filing # 162662910

59196253 E-Filed
E-Filed07/18/2017
12/08/202210:13:06
02:06:54PM
PM

EXHIBIT D

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FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 12/08/2022 02:06:54 PM
 IN THE CIRCUIT COURT OF
THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO.: 502016-CA-009292

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FIRST AMERICAN BANK, as
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successor by merger to Bank of f
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Coral Gables, LLC, t

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Plaintiff, !

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LAURENCE S. SCHNEIDER, ~
STEPHANIE L. SCHNEIDER, et al. ,
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Defendants.
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FIN.6' / ~ ENT !
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THIS CAUSE came on bef, ~ , .,urt upon the Motion for Summary Judgment
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filed by First American Ban~ ~s heard by the Court at a 45-minute special\set
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hearing on Monday, .~!.::-.:-~ ~ ,,:,_..- ' 2017, and the Court, having heard and consid~~ __,
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argument from Fir' c, l>:::::)
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AJDGED THAT: '

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1~ .• • is GRANTED in favor of Plaintiff, FIRST AMERICAN BANK, and ag~t .,, :::0 C>
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Defei. .,, LAURENCE S. SCHNEIDER, STEPHANIE L. SCHNEIDER and THE OAKS

AT BOCA RATON PROPERTY OWNERS' ASSOCIATION, INC.

2. Amounts Due. Plaintiff, FIRST AMERICAN BANK, 2295 Galiano Street, Coral Ir
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Gables, Florida 33134, is due:
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Principal .... ... ................................. ................................... .................. $1,488,554.76 I
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 Interest from March 16, 2016 to date of this Judgment ...... .... ........ .. . $69,646.52

Florida Ad Valorem/real property taxes for 2014, 2015 and 2016 .... . $66,870.93

Total .................................................................................................. $1 ,625,072.21

That shall bear interest at the rate of 5.05% per year.

3. Lien of Property. Plaintiff, FIRST AMERICAN BANK, holds a lien for · total

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sum superior to all claims or estates of Defendants, on the following des operty

in Palm Beach County, Florida:

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"Lot 37 of the Fox Hill Estates of Boca Raton, according •
as recorded in Plat Book 87, Page 4 , of the Public RP ~
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aim Beach
County, Florida."

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Commonly known as 17685 Circle Pond Court, .aton, Florida 33496-1002

("Property"). ~
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4. Sale of Property. If the total sum,. 111..,tat the rate described in Paragraph
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2 and all costs accrued subsequen ....,._., agment are not paid, the Clerk of this Court

shall sell the Property at public • to the highest bidder for

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cash, except as prescribe agraph 5, at the Courthouse located at 205 N. Dixie

Highway in Palm Be~ ___ ,cy in West Palm Beach, Florida, in accordance with section
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t2013), using the following method: By electronic sale beginning

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a prescribed date at https://mypalmbeachclerk.clerkauction.com .

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5 Plaintiff, FIRST AMERICAN BANK, shall advance all subsequent costs of

this act11:1n and shall be reimbursed for them by the Clerk if Plaintiff, FIRST AMERICAN

BANK, is not the purchaser of the Property for sale, provided that the purchaser of the

Property for sale shall be responsible for the documentary stamps payable on the

certificate of title, If Plaintiff, FIRST AMERICAN BANK, is the purchaser, the Clerk shall

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credit Plaintiff's bid with the total sum with interest and costs accruing subsequent to this

Judgment, or such part of it as is necessary to pay the bid in full.

6. Distribution of Proceeds. On filing the certificate of title the Clerk shall distribute

the proceeds of the sale, so far as they are sufficient, by paying: first, all of Plaintiffs

costs; second, documentary stamps affixed to the certificate; third, Plaintiffs..L._\ ,eys'
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fees; fourth, the total sum due to plaintiff, less the items paid, plus inte~ ~ rate

prescribed in Paragraph 2 from this date to the date of the sale; •·O ,raining any
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remaining amount pending further order of this Court.

7. Right of Redemption/Right of Possession. .,1e certificate of sale,

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Defendants and all persons claiming under or aga~ Jants since the filing of the

Notice of Lis Pendens shall be foreclosed o~

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~ e or claim in the Property and
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Defendants' right of redemption as presc~ -..i ~ction 45.0315, Florida Statutes (2013)
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shall be terminated, except as to ~ ' ghts under chapter 718 or chapter 720,

Florida Statutes, if any. Upon~ ~the certfoate of title, the persona named on
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the certificate of title shall~ ..J possession of the Property.

8. Attorneys' Fr ~-- .c Court finds that Plaintiff, FIRST AMERICAN BANK, is

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.•torneys' fees, costs and expenses incurred in connection with

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JUrt will retain jurisdiction to determine the total amounts of attorneys'

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9. Jurisdiction Retained . Jurisdiction of this action is retained to enter further

orders that are proper including, without limitation, a deficiency judgment.

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IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE I
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ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ~
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ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL

JUDGMENT.

IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS

REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO

LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, ~ \ 'i\'ILL

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NOT BE ENTITLED TO ANY REMAINING FUNDS.

DONE AND ORDERED in Chambers in Palm Beach County. ~

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dayof~ I 2017.

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Copies furnished to:
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Henry H. Bolz, Ill, Esq.

Keller & Bolz, LLP
Attorneys for First American Ba· '
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121 Majorca Avenue, #200

Coral Gables, FL 33134

Laurence S. Schneid'.,· \...· ·::!/''

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360 E Coconut Pa' ?:"·- ;__~,

Boca Raton, FL .) ~= ·
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Stephani
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360 E aim Road

Boca · 3432
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Jay S. L ·vin, Esq.

Sachs, Sax, Caplan
Attorneys for The Oaks at Boca Raton Property Owners' Association , Inc.
6111 Broken Sound Parkway, N.W ., #200,
Boca Raton , FL 33487

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