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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2011 CA 002549
SOVEREIGN BANK, a federal
savings bank,
Plaintiff, vs.
ENTERPRISE CIRCLE, LLC, a Florida limited liability company, RLM, LLC, a Florida limited
liability company, GARY H. BAKER, as Assignee for Enterprise Circle, LLC and RLM, LLC under an
Assignment for Benefit of Creditors, ROBERT L. MARCUS, HOWARD BLITMAN, and LAKEWOOD RANCH TOWN CENTER OFFICE PARK ASSOCIATION, INC., a Florida corporation not-for-profit,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure entered by this Court on June 27, 2011, in Case No.: 2011-CA-002549, in the Circuit Court for the Twelfth Judicial Circuit in and for Manatee County, Florida, in which SOVEREIGN BANK, a Federal savings bank, is Plaintiff, and ENTERPRISE CIRCLE, LLC, a Florida limited liability company, RLM, LLC, a Florida limited liability company, GARY H. BAKER, as Assignee for Enterprise Circle, LLC and RLM, LLC under an Assignment for Benefit of Creditors, ROBERT L. MARCUS, HOWARD BLITMAN, and LAKEWOOD RANCH TOWN CENTER OFFICE PARK ASSOCIATION, INC., a Florida corporation not-for-profit, are Defendants.
I will sell to the highest and best bidder for cash at the Manatee County Judicial Center, 1051 Manatee Avenue West, Bradenton, Florida 34205, at 11:00 a.m. on August 26, 2011, via electronic sale online via the Internet at www.manatee.realforeclose.com the following described property as set forth in the Uniform Final Judgment of Foreclosure:
Unit 4, Lakewood Ranch Town Center Office Park, a land condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 1538, Page 321, and as per plat thereof recorded in Condominium Plat Book 29, Pages 42-48, inclusive, of the Public Records of Manatee County, Florida.
TOGETHER with all right, title and interest of, in and to any streets and roads abutting the above described premises.
SAID PREMISES being known as and by the 8430 Enterprise Circle, Bradenton, Florida 34202.
TOGETHER WITH: PERSONAL PROPERTY DESCRIPTION:
SEE ATTACHED EXHIBIT “A”
Exhibit A
All of the present and future right, title and interest of ENTERPRISE CIRCLE, LLC, a Florida limited liability company, and RLM, LLC, a Florida limited liability company, in and to all of the following: 1
1 All capitalized terms are defined in the Mortgage, Assignment of Rents, and Security Instrument (the “Mortgage”) dated March 1, 2004 and recorded on March 2, 2004, in the Official Records of Manatee County, Florida at Book 1905, Page 1863.
(1) the Land;
(2) the Improvements;
(3) the Fixtures;
(4) the Personalty;
(5) all current and future rights, including air rights, development rights, zoning rights and other similar rights or interests, easements, tenements, rights-of-way, strips and gores of land, streets, alleys, roads, sewer rights, waters, watercourses, and appurtenances related to or benefiting the Land or the Improvements, or both, and all rights-of-way, streets, alleys and roads which may have been or may in the future be vacated;
(6) all proceeds paid or to be paid by any insurer of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property, whether or not Borrower obtained the insurance pursuant to Lender's requirement;
(7) all awards, payments and other compensation made or to be made by any municipal, state or federal authority with respect to the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property, including any awards or settlements resulting from condemnation proceedings or the total or partial taking of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property under the power of eminent domain or otherwise and including any conveyance in lieu thereof;
(8) all contracts, options and other agreements for the sale of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property entered into by Borrower now or in the future, including cash or securities deposited to secure performance by parties of their obligations;
(9) all proceeds from the conversion, voluntary or involuntary, of any of the above into cash or liquidated claims, and the right to collect such proceeds;
(10) all Rents and Leases;
(11) all earnings, royalties, accounts receivable, issues and profits from the Land, the Improvements or any other part of the Mortgaged Property, and all undisbursed proceeds of the loan secured by this Instrument and, if Borrower is a cooperative housing corporation, maintenance charges or assessments payable by shareholders or residents;
(12) all Imposition Deposits;
(13) all refunds or rebates of Impositions by any municipal, state or federal authority or insurance company (other than refunds applicable to periods before the real property tax year in which this Instrument is dated);
(14) all tenant security deposits which have not been forfeited by any tenant under any Lease; and
(15) all names under or by which any of the above Mortgaged Property may be operated or known, and all trademarks, trade names, and goodwill relating to any of the Mortgaged Property.
except as herein before set forth, in accordance with Fla.Stat. §45.031. The “highest bidder” for purposes of this Notice of Sale, is defined as the party who bids the largest amount of money to purchase the Property and who completes the sale in a timely fashion, as hereinafter set out. The one who bids the largest amount of money to purchase the Property shall be permitted to complete the sale by delivering to the Clerk, the balance of such bid, over and above the deposit, by 4:30 p.m. on the day of sale.
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 WITHIN 60 DAYS AFTER THE SALE.
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 Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
Dated July 7, 2011.
Irene A. Bassel Frick, Esq.
Florida Bar Number: 0158739
AKERMAN SENTERFITT
401 E. Jackson Street
Suite 1700
Tampa, FL 33602
Phone: (813) 223-7333
Fax: (813) 223-2837
Email: [email protected]
August 12, 19, 2011 11-1683M