THE YEAR TWO THOUSAND AND TWENTY-FOUR, AND ON
AT THE REQUEST OF :
The company ALBINOISEa French limited company (société anonyme) with an Executive Board and a Supervisory Board and share capital of €24,741,936.00, registered in the Marseille Trade and Companies Register under number 054 899 530, having its registered office at 20 rue Baker Street, 13018 Marseille, represented by its legal representative in office, Mr Albert CAMUS, residing in that capacity at the said registered office,
For whom domicile is elected at the office and constitution of lawyer is made in the person of Raphaël MORENONlawyer at the Marseilles bar, whose office is located at 34 rue Breteuil, 13006 Marseilles,
BY VIRTUE OF :
The enforceable copy of a notarised deed dated 7 February 2012, drawn up and received at the offices of Maître Xavier RASSI, partner notary in the professional partnership DJOMARAN RASSI, whose office is located at 93 rue des Escourdes, 13006 Marseille, containing the sale and loan of LIBERTIMMO 1 No. 30076 02203 258789 596084 for the sum of €66,600.00 at a fixed rate of 4.15 % per annum, repayable in 144 monthly instalments of €599.28,
To secure and guarantee its claim, the applicant published in the 1e Marseille land registry office :
A lender's lien registration dated 29 February 2010, published and registered on 5 March 2012 under registration reference 2010 V no. 1730,
I, THE UNDERSIGNED COMMISSIONER OF JUSTICE :
COMMANDMENT FACT A :
The company WATSONa non-trading property company with share capital of €1,000.00, registered in the Marseille Trade and Companies Register under no. 494 046 323, with its registered office at Les Arnavaux, 13014 Marseille, represented by its legal representative, Mrs Emilie JOLIE, residing at 532 chemin des Comtes, 83270 Saint-Cyr-sur-Mer,
DEBITORS,
To pay to the applicant, in EIGHT DAYS from the date of service of this deed, to his lawyer or to me, the undersigned court-appointed commissioner, both of whom have authority to do so, and to discharge the following sums :
DATE LIBEL RATES FLOW CREDIT BALANCE INTERESTS 07/10/2017 UNPAID INSTALMENTS 0,00 599,28 0,00 -599,28 0,00 06/11/2017 INTEREST FOR LATE PAYMENT 4,15 0,00 0,00 -599,28 -2,04 07/11/2017 UNPAID INSTALMENT 0,00 599,28 0,00 -1.198,56 0,00 06/12/2017 INTEREST FOR LATE PAYMENT 4,15 0,00 0,00 -1.198,56 -3,95 07/12/2017 UNPAID INSTALMENT 0,00 599,28 0,00 -1.797,84 0,00 06/01/2018 INTEREST FOR LATE PAYMENT 4,15 0,00 0,00 -1.797,84 -6,13 07/01/2018 REMAINING CAPITAL 0,00 37.874,90 0,00 -39.672,74 -198,47 20/02/2018 INTEREST FOR LATE PAYMENT 4,15 0,00 0,00 -39.672,74 0,00 21/02/2018 PAYMENT 0,00 0,00 234,81 -39.437,93 0,00 23/01/2019 INTEREST FOR LATE PAYMENT 4,15 0,00 0,00 -39.437,93 -1.506,64 23/01/2019 INDEM EXI ANTI 8 % 0,00 3.261,56 0,00 -42.699,49 0,00 04/11/2019 INTEREST FOR LATE PAYMENT 4,15 0,00 0,00 -42.699,49 -1.378,78 Subtotals -42.699,49 -5.143,38 GRAND TOTAL BARRING ERRORS, OMISSIONS OR OVERSIGHTS -47.842,87
Subject to and without prejudice to all other dues, rights and actions, interest, all other costs and legitimate accessories, offering all details and liquidation in the event of immediate settlement and taking into account any deposits that may have been paid.
WARNING the debtor that if he fails to comply with the present summons to pay within the time limit set out above, the procedure for the sale of the property and property rights will continue and that to this end he will be summoned to appear at a hearing of the enforcement judge to rule on the terms of the procedure.
The property and real estate rights to be seized are as follows:
DESIGNATION :
The property and property rights in question are located in a complex of buildings known as "La Bratière", bounded to the north by the Chemin de la Trotte, and shown on the land register as references :
Section N° Locality Surface 999 H 278 Chemin de la Trotte, 13015 Marseille 03 ha 71 a 44 ca
Lot number eight hundred and three (813):
The private and individual ownership of an F3 flat (number 133 in the co-ownership regulations) on the left-hand side, located on the 4th level, staircase 3 in building N.
And the 1,861/1,000,000th of the general common areas.
As the aforementioned property and real estate rights exist, extend, continue and comprise, with all their easements, belongings and dependencies, together with all buildings by destination, and in particular all equipment that may have the character of a building by destination, and all rights and easements that may be attached thereto, and all increases and improvements to be made thereto, without any exception or reservation.
ORIGIN OF OWNERSHIP :
The aforementioned property was acquired under a notarised deed dated 7 February 2012, drawn up and received by Maître Xavier RASSI, a partner notary in the professional partnership DJOMARAN RASSI, whose office is located at 93 rue des Escourdes, 13006 Marseille, a certified copy of which was published in the 1st office of the Marseille land registry on 5 March 2012 under registration reference 2012 P 2422.
DESCRIPTIVE STATEMENT OF DIVISION - CO-OWNERSHIP REGULATIONS :
The aforementioned property complex was the subject of a descriptive inventory of division - co-ownership regulations received by Maître ZAL, notary in Marseille, on 30 January 1967, an authenticated copy of which was published in the 1st office of the Marseille land registry on 3 March 1967 under registration reference 4774 no. 2.
INFORMATION GIVEN TO THE DEBTOR :
1° This summons shall constitute seizure of the aforementioned property and real estate rights, which shall be unavailable to the debtor from the date of service of this document and to third parties from the date of its publication in the 3e bureau du service de la publicité foncière de Marseille.
2° This summons shall constitute seizure of the fruits of the property and the debtor shall be the receiver thereof.
3° The debtor retains the possibility of seeking a purchaser for the seized property and real estate rights in order to proceed with their amicable sale, or to give a mandate to this effect, while this sale may nevertheless only be concluded after authorisation from the enforcement judge.
4° A bailiff may enter the premises to draw up a report describing the property and property rights.
5° The enforcement judge with territorial jurisdiction to hear the property seizure proceedings and related disputes and incidental claims is that of the Marseilles judicial court, sitting at 25 rue Edouard Delanglade, 13006 Marseilles.
6° A debtor who so requests in advance may benefit from legal aid for the seizure procedure, if he meets the means test set out in Act no. 91-647 of 10 July 1991 on legal aid and Decree no. 91-1266 of 19 December 1991 implementing this Act.
7° If the debtor is a natural person and considers himself to be in a situation of over-indebtedness, he may refer the matter to the Commission de surendettement des particuliers (Private Individuals' Over-indebtedness Commission) set up by article L. 712-1 of the French Consumer Code.
SUMMATION :
1° If the seized property is subject to a lease, you are summoned to inform the bailiff of the surname, first name and address of the lessee or, if the lessee is a legal entity, its name and registered office, in accordance with article R. 321-3 of the Code of Civil Enforcement Procedures.
2° If there is an occupant in any other capacity on the premises, you will be summoned to inform the bailiff of the surname, first name and address of the lessee or, in the case of a legal entity, its name and registered office.
3° If there is a danger order covering one or more private or shared parts of the building, you are requested to give the bailiff a copy of the danger order.
ALL RESERVATIONS RESERVED.
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