IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PANAMA CITY DIVISION 

CENTENNIAL BANK, successor 

in interest to COASTAL COMMUNITY BANK,

Plaintiff,

vs. CASE NO. 5:11-cv-20/RS-CJK 

EDTC & B, LLC; 

EDDIE RAY EANES; 

DAN GILL; 

TIM RAMSEY 

CHRIS MONTGOMERY; 

CHARLES BUTLER; 

DAVID F. PANETTI;

STATE OF FLORIDA, DEPARTMENT OF REVENUE; 

CRAZY MARLINS OF PANAMA CITY BEACH, LLC 

D/B/A BUCKALOOS, 

Defendants.

________________________________________________________________ 

FINAL JUDGMENT OF FORECLOSURE UNDER COUNT I AND 

PARTIAL FINAL JUDGMENT OF LIABILITY UNDER COUNT II AND 

III OF PLAINTIFF’S AMENDED COMPLAINT 

 Before me are Plaintiff’s Motion for Summary Final Judgment in 

Foreclosure Under Count I and Partial Final Judgment of Liability Under Counts 

II and III of Plaintiff’s Amended Complaint (Doc. 80), and my Order granting that 

motion (Doc. 85). 

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 IT IS ORDERED: 

1. The Court has jurisdiction over the parties and the subject matter. 

2. There are no genuine issues of fact as to Plaintiff's Amended 

Complaint. 

3. Defendants, EDTC & B, LLC, Eddie Ray Eanes, Dan Gill, Tim 

Ramsey, Chris Montgomery, Charles Butler, David F. Panetti, State of Florida, 

Department of Revenue, Crazy Marlins of Panama City Beach LLC d/b/a 

Buckaloos, failed to sufficiently raise any defense preventing the relief requested 

by Plaintiff and did not oppose Plaintiff’s Motion for Summary Judgment. 

4. Defendants, EDTC & B, LLC, Eddie Ray Eanes, Dan Gill, Tim 

Ramsey, Chris Montgomery, and Charles Butler, jointly and severally, owe 

Plaintiff, Centennial Bank, $2,075,891.59 as principal, $122,508.72 as interest 

through November 9, 2011, $10,789.17 as late charges, plus $32,563.00 for 

insurance, making a total sum of $2,241,752.48, which amount shall bear interest 

at the post-judgment interest rate defined by 28 U.S.C. §1961, from the date of this 

judgment until paid. 

5. Plaintiff holds a lien for the total sum in Paragraph 4 herein superior 

to all claims or estates of Defendants on the following described real and personal 

property located in Bay County, Florida. 

Parcel I: 

Lots 1 and 24, Block I of HOLIDAY BEACH UNIT THREE, 

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according to the Plat thereof as recorded in Plat Book 10, 

Page(s) 58, of the Public Records of Bay County, Florida. 

Parcel II: 

Lots 2, 3 and 23, Block I of HOLIDAY BEACH UNIT 

THREE, according to the Plat thereof as recorded in Plat 

Book 10, Page(s) 58, of the Public Records of Bay County, 

Florida. 

Parcel III: 

Lot 4, Block I of HOLIDAY BEACH UNIT THREE, 

according to the Plat thereof as recorded in Plat Book 10, 

Page(s) 58, of the Public Records of Bay County, Florida. 

Parcel IV: 

Commencing at the point of intersection of the Northwesterly 

line of Lot 21, Block I of HOLIDAY BEACH UNIT THREE, 

according to the Plat thereof as recorded in Plat Book 10, 

Page(s) 58, of the Public Records of Bay County, Florida and 

the Southwesterly R/W line of Beach Drive; thence along said 

R/W line on a curve to the right having a radius of 23,203.30 

feet and a chord bearing S48°44'35"E for a chord distance of 

25.51 feet to the Point of Beginning; thence continue along 

said R/W line on a curve to the right having a radius of 

23,203.30 feet and a chord bearing S48°40'51"E for a chord 

distance of 25 feet to the point of intersection of said R/W 

line and the Southwesterly line of said Lot 21; thence 

S41°21''00"W along said Lot line 115 feet; thence along the 

Southwesterly line of said Lot 21 on a curve to the left having 

a radius of 23,088.30 feet and a chord bearing N48°40'53"W 

for a chord distance of 25 feet; thence N01°21'00"E, 115 feet 

to the Point of Beginning.

AND

Beginning at the point of intersection of the Northwesterly 

line of Lot 21, Block I of HOLIDAY BEACH UNIT THREE, 

according to the Plat thereof as recorded in Plat Book 10, 

Page(s) 58, of the Public Records of Bay County, Florida and 

the Southwesterly R/W line of Beach Drive; thence along said 

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R/W line on a curve to the right having a radius of 23,203.30 

feet and a chord bearing S48°44'35"E for a chord distance of 

25.51 feet; thence S41°21'00"W, 115.00 feet to a point on the 

Southwesterly line of said Lot 21; thence along said Lot line 

on a curve to the left having a radius of 23,088.30 feet and a 

chord bearing N48°44'36"W for a chord distance of 25.26 

feet; thence N41°13'31"E along the Northwesterly line of said 

Lot 21, 115.00 feet to the Point of Beginning. 

Personal Property

All development rights, air rights, water and water rights, and all estates, 

rights, titles, interest, privileges, tenements, hereditaments and 

appurtenances belonging or relating to any of said lands, and all reversions, 

remainders, rents, issues, profits and all rights, whether arising in law or 

equity; all present and future structures, building, and improvements 

including al apparatus, equipment and appliances used in connection with 

the land and improvement, such as heating and AC, sewage disposal, 

refrigeration, utility and other systems and facilities on the lands; all 

easement and license rights relating or appurtenant to, or used with respect 

to the lands; all rents, profits, proceeds an d income from the lands, 

including all rights under past, present or future leases or rental agreements, 

including deposits; all proceeds and claims from any of the collateral acting 

as security; all general intangibles relating to the development, construction 

one, sale or sue of the lands, including, but not limited to, all contract rights 

and all governmental permits or legal or equitable rights to permit, for 

activities on or use of the lands, all rights to carry on business under the 

names currently in use or in use in the future, all crop allotments and quotas 

and entitlements of any kind, and all trademarks and goodwill in any way 

relating to the lands, and al proceeds of any lease or contract for sale or use; 

all machinery, furniture, fittings, apparatus, equipment and other personal 

property located upon or under the lands and used in connection with the 

past, present or future operation of any business on the lands; all material 

and supplies used or to be used on construction of any improvements on the 

lands; all standing or harvested timber and all crops on the land; and all 

trade, domestic or ornamental fixtures, appurtenances, or personal property, 

including all draperies, carpeting, wall covering, light fixtures and ceiling 

Case 5:11-cv-00020-RS-CJK Document 90 Filed 11/14/11 Page 4 of 8
fans; ALL of which shall constitute the mortgaged property serving as 

security and collateral. 

6. If the total sum with interest at the rate prescribed by law due under 

Paragraph 4 and all costs of this action accruing subsequent to this judgment are 

not paid prior to the commencement of the sale by the United States Marshal (the 

"Marshal"), the Marshal is ordered and directed to sell the property at public sale. 

7. Pursuant to Fed. R. Civ. P. 69, the procedures for sale shall be in 

accordance with the practice and procedure in the State of Florida as provided in 

Chapter 45, Florida Statutes (2010) except that title shall vest in the purchaser 

pursuant to a United States Marshal's Deed issued after confirmation of any sale 

by this Court. 

8. The Marshal shall advertise the sale of the subject property in 

accordance with 28 U.S.C. §§ 2001-2002, and after giving proper notice, conduct 

the sale of the property at the Bay County Courthouse at Panama City, Florida.

9. Plaintiff is authorized to bid at the sale and any bid by the Plaintiff 

shall be credited against the indebtedness due the Plaintiff under Paragraph 4 

herein. Plaintiff shall advance all subsequent costs of this action and shall be 

reimbursed for them by the Marshal if Plaintiff is not the purchaser of the property 

at the sale in accordance with the Order Confirming Sale. If Plaintiff is the 

purchaser at the sale, the Marshal shall credit Plaintiff's bid with the total sum in 

Paragraph 4, with interest and costs accruing subsequent to this judgment or such 

Case 5:11-cv-00020-RS-CJK Document 90 Filed 11/14/11 Page 5 of 8
part of it as is necessary to pay the bid in full. If a third party is the purchaser at 

the sale, 10% of the bid price by certified check or cashier's check shall be paid at 

the time of the sale with the balance to be paid by certified check or cashier's 

check to the Marshal within 24 hours after the sale.

10. Upon sale being made, then the Marshal is directed to make a report 

and accounting of the proceeds realized from the sale, if any, and the bidder, or 

bidders, at such sale and report the amount of the sale for confirmation. The 

Marshal shall file the report of sale with the Court no later than fifteen (15) days 

after the sale. Upon the sale being made, the Marshal shall retain the proceeds 

thereof until the Order Confirming Sale is entered by the Court. 

11. Upon the sale being made of the property and confirmed by this 

Court, the Court shall direct the Marshal to execute a United States Marshal's 

Deed to the property. At said time, the Defendants and all persons claiming under 

or against them since the filing of the Notice of Lis Pendens are foreclosed of all 

estate or claim in the property and the purchaser at the sale shall be let into 

possession of the property. As set forth herein, the Defendants' right of 

redemption expires at the time of the judicial sale ordered in this judgment, with 

the exception of the right of redemption for Defendant, United States of America, 

Internal Revenue Service, which shall have one hundred twenty days (120 days) 

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from the date of sale to redeem the property under the provisions of 28 U.S.C. 

§2410. 

12. The Marshal shall distribute the proceeds of the sale in accordance 

with the Order Confirming Sale.

13. On the order confirming sale, the Marshall will execute and deliver 

the United States Marshal's Deed to the purchaser at the sale. Plaintiff shall 

prepare the United State's Marshall's Deed. The purchaser at the sale shall pay for 

and be responsible for affixing to the United States Marshal's Deed any 

documentary stamps or taxes imposed upon the recordation of the deed. 

14. If the subject property is sold at public auction, there may be 

additional money from the sale after payment of persons who are entitled to be 

paid from the sale proceeds pursuant to the final judgment of foreclosure. If you 

are a subordinate lienholder claiming a right to funds remaining after the sale, you 

must file a claim with the United States Marshal no later than 60 days after the 

sale. If you fail to file a claim, you will not be entitled to any remaining funds. If 

you are the property owner, you may claim these funds yourself. You are not 

required to have a lawyer or any other representation and you do not have to 

assign your rights to anyone else in order for you to claim any money to which 

you are entitled. Please check with the United States Marshal within ten (10) days 

after the sale to see if there is additional money from the foreclosure sale.

Case 5:11-cv-00020-RS-CJK Document 90 Filed 11/14/11 Page 7 of 8
15. Defendant, EDTC & B, LLC, is liable for the amounts owed to 

Plaintiff specified in Paragraph 4 and the Court reserves jurisdiction herein to 

determine the amount of said damages following the foreclosure sale upon proper 

motion by Plaintiff for a deficiency judgment against EDTC & B, LLC under 

Count II of the Amended Complaint. 

16. Defendants, Eddie Ray Eanes, Dan Gill, Tim Ramsey, Chris 

Montgomery, and Charles Butler, are liable for the amounts owed to Plaintiff 

specified in Paragraph 4 and the Court reserves jurisdiction herein to determine the 

amount of said damages following the foreclosure sale upon proper motion by 

Plaintiff for a deficiency judgment against defendants under Count III of the 

Amended Complaint respectively. 

17. Plaintiff shall be entitled to recover its reasonable attorneys' fees and 

costs pursuant to the loan documents attached to the Amended Complaint. This 

Court retains jurisdiction over this matter for the purposes of determining the 

amount of attorneys' fees and costs to be awarded, entry of a deficiency judgment, 

if appropriate, and handling any motions related to the enforcement or collection 

of any such deficiency judgment. 

ORDERED on November 14, 2011. 

 /S/ Richard Smoak

 RICHARD SMOAK 

 UNITED STATES DISTRICT JUDGE 

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