11-1651S
NOTICE OF SALE
IN THE circuit COURT of the twelfth judicial circuit,
IN AND FOR SARASOTA COUNTY, FLORIDA
civil division
CASE NO.: 2010-CA-009117 NC
WELLS FARGO BANK, N.A.,
successor by merger to
WACHOVIA BANK,N.A.,
Plaintiff, vs.
PAN AMERICAN ASSOCIATES, LLC, a Florida limited
liability company;
CREATIVE CHOICE HOMES, INC., a Florida
corporation;
DILIP BAROT; and UNKNOWN TENANT(S)/OWNER(S) IN
POSSESSION;
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to a Final Judgment entered in the above-styled cause, in the Circuit Court of Sarasota County, Florida, I will sell the property situated in Sarasota County, Florida, described as:
See Exhibit A attached hereto and made a part hereof by
reference as if fully set forth herein for legal description.
DESCRIPTION OF
PROPERTY
A PORTION OF SECTIONS 29,30,31, AND 32, TOWNSHIP 39 SOUTH, RANGE 21 EAST, SARASOTA COUNTY, FLORIDA AND SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF NORTH PAN AMERICAN BOULEVARD WITH THE NORTHERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (A/K/A U.S. HIGHWAY 41 AND STATE ROAD 45) AND THE SAME BEING SHOWN ON THE RECORD PLAT OF THE “43RD ADDITION TO PORT CHARLOTTE SUBDIVISION” AS RECORDED IN
PLAT BOOK 1B, PAGE 26 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE N.13” 27’52”E., ALONG THE SAID EASTERLY LINE OF NORTH PAN AMERICAN BOULEVARD, A DISTANCE OF 390.26 FEET TO A POINT; THENCE, CONTINUING N.13”27’52”E., A DISTANCE OF 344.16 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 440.00 FEET, A CENTRAL ANGLE OF 08”45’27”, A CHORD BEARING OF N.09’05’09”E.
AND A CHORD LENGTH OF 67.19 FEET; THENCE, ALONG THE ARC OF THE SAID CURVE, AN ARC LENGTH OF 67.25 FEET TO A POINT HEREINAFTER TO BE KNOWN AS THE “POINT OF BEGINNING”; THENCE, CONTINUING ALONG THE ARC OF THE SAID CURVE, HAVING A RADIUS OF 440.00 FEET, A CENTRAL ANGLE OF 12”52’25”, A CHORD BEARING OF N.01˚43’47”W. AND A CHORD LENGTH OF 98.65 FEET; THENCE, ALONG THE ARC OF THE SAID CURVE, A DISTANCE
OF 98.86 FEET TO A POINT OF TANGENCY OF THE SAID CURVE; THENCE N.O8˚10’OO”W., CONTINUING ALONG THE SAID EASTERLY RIGHT-Of-WAY LINE OF NORTH PAN AMERICAN BOULEVARD, A DISTANCE OF 695.59 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS 760.00 FEET, A CENTRAL ANGLE OF 01˚“56’57”, A CHORD BEARING OF N.07˚11’31 “W. AND A CHORD LENGTH OF 25.85 FEET; THENCE, ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 25.85 FEET TO A POINT OF CUSP WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91˚55’01”, A CHORD BEARING OF S.52˚10’33”E. AND A CHORD LENGTH OF 35.94 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 40.11 FEET TO A POINT REVERSE CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 730.00 FEET, A CENTRAL ANGLE OF 20˚56’12”, A CHORD BEARING OF S.87˚39’58”E. AND A CHORD LENGTH OF 265.27 FEET; THENCE, ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 266.75 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 1684.74 FEET, A CENTRAL ANGLE OF 10˚46’08”, A CHORD BEARING OF S.82˚35’56”E. AND CHORD LENGTH OF 317.16 FEET AND SAID POINT ALSO BEING THE SOUTHWESTERLY CORNER OF A PARCEL OF LAND AS RECORDED IN O.R. INSTRUMENT NUMBER 2006018775 OF THE PUBLIC RECORDS OF
SARASOTA COUNTY, FLORIDA; THENCE, ALONG THE ARC OF THE SAID CURVE AND THE SOUTHERLY LIMITS OF THE AFORESAID PARCEL OF LAND, A DISTANCE OF 317.63 FEET TO A POINT ON TANGENCY OF THE SAID CURVE; THENCE S.86”00’00”E., CONTINUING ALONG THE SAID SOUTHERLY LIMITS, A DISTANCE OF 130.73 FEET TO THE SOUTHEASTERLY CORNER OF THE AFORESAID PARCEL OF LAND; THENCE N.02˚00’00”E., ALONG THE EASTERLY LIMITS OF THE AFORESAID PARCEL OF LAND, A DISTANCE OF 400.00 FEET TO A POINT ON THE SOUTHERLY LIMITS OF THE QUALITY HEALTH CARE PROPERTY (PARCEL “A” AS RECORDED IN O.R. BOOK 1741, PAGE 174 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA); THENCE S.88˚00’00”E., ALONG THE SAID SOUTHERLY LIMITS OF PARCEL “A”, A DISTANCE OF 357.84 FEET; THENCE N.02˚00’00”E., ALONG THE EASTERLY LIMITS OF THE SAID PARCEL “A”, A DISTANCE OF 419.70 FEET TO A POINT ON THE SOUTHERLY LIMITS OF THE MAP OR PLAT
ENTITLED “52ND ADDITION TO PORT CHARLOTTE SUBDIVISION” AS RECORDED IN PLAT BOOK
21, PAGE 13 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE S.88˚00’00”E., ALONG THE SAID SOUTHERLY LIMITS, A DISTANCE 364.28 FEET; THENCE N.58˚30’00”E., CONTINUING ALONG THE SAID SOUTHERLY LIMITS, A DISTANCE OF 414.77 FEET;
THENCE EAST. CONTINUING ALONG THE SAID SOUTHERLY. LIMITS, A DISTANCE OF 232.29 FEET
TO A POINT FROM WHICH THE SOUTHEAST CORNER OF TRACT “E” OF THE SAID MAP OR PLAT, BEARS NORTH, 50.00 FEET DISTANCE THEREFROM AND SAID POINT ALSO BEING ON THE WESTERLY LIMITS OF PARCEL “D” (RESERVOIR PARCEL) AS RECORDED IN O.R. BOOK 2357, PAGE 359 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE SOUTH, ALONG THE WESTERLY LIMITS OF THE SAID PARCEL “D”, A DISTANCE OF 320.35 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 1900.00 FEET, A CENTRAL ANGLE OF 42˚11’51”, A CHORD BEARING OF S.21˚05’55”W. AND A CHORD LENGTH OF 1367.91 FEET; THENCE, ALONG THE SAID ARC OF SAID CURVE. AN ARC LENGTH OF 1399.32 FEET TO A POINT OF TANGENCY OF THE SAID CURVE; THENCE S.42˚11’51”W., ALONG THE SAID WESTERLY LIMITS, A DISTANCE OF 59.86 FEET TO THE SOUTHWESTERLY CORNER OF THE SAID PARCEL “D”; THENCE S.61˚10’59”E., ALONG THE SOUTHERLY LIMITS OF THE SAID PARCEL “D”, A DISTANCE OF 160.00 FEET TO A POINT BEING DESCRIBED AS THE APPROXIMATE MEAN HIGH WATER LINE OF THE MYAKKAHATCHEE CREEK; THENCE SOUTHWESTERLY ALONG THE SAID APPROXIMATE MEAN HIGH WATER LINE OF THE MYAKKAHATCHEE CREEK, A DISTANCE OF 468 FEET MORE OR LESS; THENCE N.00”28’05”W., LEAVING THE SAID APPROXIMATE MEAN HIGH WATER LINE, A DISTANCE OF 464.48 FEET MORE OR LESS TO A
POINT; THENCE S.89˚29’48”W., A DISTANCE OF 831.14 FEET; THENCE S.00˚28’05’W., A DISTANCE OF 248.05 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 875.00 FEET, A CENTRAL ANGLE OF 05˚54’00”, A CHORD BEARING OF S.03˚25’05”W. AND A CHORD LENGTH OF 90.06 FEET; THENCE, ALONG THE ARC OF THE SAID CURVE, A DISTANCE OF 90.10 FEET TO A POINT ON A 80.00 FOOT WIDE INGRESS/EGRESS (ACCESS) EASEMENT AS RECORDED IN O.R. INSTRUMENT NUMBER 1998150931 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE N.86˚31’07”W., ALONG THE NORTHERLY LIMITS OF THE SAID INGRESS/EGRESS EASEMENT, A DISTANCE OF 355.77 FEET TO A POINT; THENCE N.50˚48’24”W., CONTINUING ALONG THE SAID NORTHERLY LIMITS. A DISTANCE OF 59.39 FEET; THENCE N.86˚31’07”W., CONTINUING ALONG THE SAID NORTHERLY LIMITS, A DISTANCE OF 30.00 FEET BACK TO THE “POINT OF BEGINNING.”
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR STORMWATER DRAINAGE OVER, ACROSS AND THROUGH THE EASEMENT AREA IDENTIFIED IN THAT CERTAIN GRANT OF EASEMENT AND RIGHT OF USE AGREEMENT (DRAINAGE EASEMENT) DATED AS OF MARCH 25, 2002 AND RECORDED APRIL 26, 2002 AS OFFICIAL RECORDS INSTRUMENT #2002067121 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
(hereinafter referred to as the “Property”)
TOGETHER WITH THE FOLLOWING:
(a) All of Borrower’s right, title and interest in and to the following, whether now existing or hereafter acquired;
(b) all goods, inventory, intangible personal property, licenses (including without limitation, liquor licenses), apparatus, machinery, equipment, furnishings, fixtures, fittings, appliances and air conditioning and heating equipment, furniture, freezing equipment, and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Property, or appurtenant thereto, and usable in connection with the Property, and the right, title and interest of Borrower in and to any of the equipment, which may be subject to any security agreements (as defined in the Unifonn Commercial Code);
( c) all awards or payments, including interest thereon, which may be made with respect to the Property, whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Property;
( d) all leases and other agreements affecting the use or occupancy of the Property now or hereafter entered into and the right to receive and apply the rents, issues and profits of the Property, and any security deposits paid in connection therewith;
(e) all rights of Borrower in and to all present and future fire, flood, liability and/or hazard insurance policies pertaining to all or any portion of the Property and/or any items covered by this instrument, including without limitation any unearned premiums and all insurance proceeds or sums payable in lieu of or as compensation for the loss of or damage to all or any portion of the Property and/or any items covered by this instrument;
(f) the right (but not the obligation), in the name and on behalf of Borrower, to appear in and defend any action or proceeding brought with respect to the Property and to
commence any action or proceeding to protect the interest of the Mortgagee/Secured Party in the Property;
(g) all tenements, hereditaments, easements, riparian or other rights and appurtenances thereunto belonging or in any wise appertaining, including all right, title and interest of Borrower in and to the underlying title of any roads or other dedicated area abutting
the Propeity, and the reversions, remainders rents, issues and profits thereof, and all after- acquired title of Borrower in the Property;
(h) all abstracts of title, contract rights, management, franchise and service
agreements, accounts, occupancy permits and licenses, building and other permits, governmental approvals, licenses, agreements with utilities companies, water and sewer capacity reservation agreements, bonds, governmental applications and proceedings, feasibility studies, maintenance and service contracts, marketing agreements, development agreements, surveys, engineering work, architectural plans and engineering plans, site plans, landscaping plans, engineering contracts, architectural contracts, and all other contracts respecting the Property and all other consents, approvals and agreements which Borrower may now or hereafter own in connection with the Property and/or any improvements constructed thereon, and all deposits, down payments and profits paid or deposited thereunder, now existing or hereafter obtained by or on behalf of Borrower;
(i) all sanitary and storm sewer, water and utility service agreements as to which Borrower is a party or beneficiary;
U) all building materials, appliances and fixtures now owned or hereafter to be acquired by or on behalf of Borrower and intended for use in the construction of or incorporated, annexed to, or located in, or to be incorporated in, annexed to, or located in the buildings and improvements to be constructed on the Property or any part thereof. Said materials and personal property shall include but not be limited to lumber, plaster, cement, shingles, roofing, plumbing fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment, kitchen goods, hotel goods, restaurant goods, bar goods, tools, lawn equipment, floor coverings;
(k) any monies and any escrow accounts established or accrued pursuant to that certain Mortgage encumbering the Property made by Borrower in favor of Lender;
(l) any property or other things of value acquired with or paid for by any future
advances pursuant to the Mortgage;
(m) all contraèts of sale and purchaSe agreements respecting the Property, all contracts
for deed and any noteS artd mortgages executed and delivered to Borrower in connection with any contracts for deed otherwise, and any other contracts entered into by Borrower respecting or relating in any manner to the Property;
(n) all income and profits due or to become due under any contracts of sale or purchase agreements respecting the Property, now existing or hereafter obtained by or on behalf of Borrower;
( 0 ) all refunds of property taxes relating to the Property or any other property covered
by this financing statement;
(p) all accounts receivable arising from operations conducted at the Property;
(q) all of the water, sanitary and stow sewer systems now or hereafter owned by the Borrower which are now or hereafter located by, over, or upon the Property or any part or parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances;
(r) all of the right, title and interest of the Borrower in and to any copyrights, trademarks, service marks, trade names, names of businesses, or fictitious nanies of any kind used in conjunction with the operation of any business or endeavor located on the Property;
(s) all of Borrower’s interest in all utility security deposits or bonds on the Property
or any part or parcel thereof;
(t) any and all balances, credits, deposits, accounts or monies of the Borrower and all other such properties and securities then or thereafter established with or in the possession of the Lender; and
(u) all Warranties, guaranties, instruments, documents, chattel papers and general
intangibles relating arising from the foregoing collateral, now owned or hereafter acquired by Borrower.
Together with all substitutions for, alterations, repairs ahd replacenients of any of the foregoing and any and all proceeds (whether cash proceeds or non-cash proceeds), products,
renewals, accessions and additions or any of the foregoing. For purposes of this exhibit, all capitalized terms not expressly defined herein shall have the meanings ascribed them in the Complaint.
at public sale, to the highest and best bidder, for cash, on the Internet, at http://www.sarasota.realforec1ose.com.at 9:00 a.m., or as soon as possible thereafter, on the 18th day of July, 2011.
IF THIS 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 THIS 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, 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 CLERK OF THE COURT, WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT THE LOCAL LEGAL SERVICES LISTED BELOW TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT ONE OF THE SERVICES LISTED BELOW, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER THE RECEIPT OF THIS NOTICE.
Any person claiming an interest in surplus from the sale, if any, other than the property owner as of the date of the Lis Pendens must file a claim within sixty (60) days after the sale.
In accordance with the Americans With Disabilities Act, persons needing a reasonable accommodation to participate in this proceeding should contact the Clerk of the Circuit Court no later than five business days prior to the proceeding at the Sarasota County Courthouse. Telephone 941-951-5220 (Sarasota) 941-492-3022 (Venice) or 1-800-955-8770 via Florida Relay Service.
DATED on May 19, 2011.
TIRSO M. CARREJA, JR, ESQ.
As Officer of the Court
TIRSO M. CARREJA, JR., Esq.
FOWLER WHITE BOGGS P.A.
501 East Kennedy Blvd., Suite 1700
Tampa, Florida 33602
(813) 228-7411
June 10, 17, 2011 11-1651S
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