11-2486S

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE
twelfth JUDICIAL CIRCUIT
IN AND FOR
SARASOTA COUNTY, florida
CIVIL DIVISION
CASE NO. 2009 CA 013114 NC
FIFTH THIRD BANK,
Plaintiff, vs.
PRECISION CUSTOM HOMES, INC.; KATHRYN L. OLLIVER; JOHN P. OLLIVER; HOLE
MONTES, INC.; JOHN KUSTER; and PAT KUSTER,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Uniform Final Judgment of Foreclosure entered in the above styled action on August 9, 2011, the property described in the attached Exhibit “A” will be sold by the clerk of this court via Internet at www.sarasota.realforeclose.com, at 9:00 a.m. September 13, 2011, to the highest bidder or bidders, for cash.
EXHIBIT “A”
PARCEL 1:

The West 1/2 of Tract H, TWELTH ADDITION TO PORT CHARLOTTE SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, Page(s) 8, and 8A through 8V, LESS the portion conveyed to North Port Water Control District in Official Records Book 2357, Page 382, of the Public Records of Sarasota County, Florida;

AND

PARCEL 2:

All of Block “E”, PINELAND SUBDIVSION, according to the map or plat thereof as recorded in Plat Book 5, Page(s) 22, Public Records of Sarasota County, Florida, LESS the following described Parcels:

Beginning at the SE corner of Block “E”, PINELAND SUBDIVISION, North along the East line of said Block “E”, a distance of 75 feet to a point; thence West and parallel to the South line of Block “E” a distance of 125 feet to a point; thence South and parallel to the East line of said Block “E”, a distance of 75 feet to the South line of Block “E”, thence East along the South line of Block “E” a distance of 125 feet to the Point of Beginning.

Beginning at the SE corner of Block “E”, PINELAND SUBDIVISION, go North along the East line of said Block “E”, 75 feet to a point for the Point of Beginning; thence North along the East line of Block “E” a distance of 115 feet to a point; thence West and parallel to the South line of Block “E” a distance of 100 feet to a point; thence South and parallel to the East line of said Block “E”, a distance of 115 feet to a point; thence East and parallel to the South line of Block “E” a distance of 100 feet to the Point of Beginning (hereinafter, the “Land”).

TOGETHER WITH:

All buildings and improvements now or hereafter erected on the Land;

All fixtures, machinery, equipment and other articles of real, personal or mixed property attached to, situated or installed in or upon, or used in the operation or maintenance of, the Land or any buildings or improvements situated thereon, whether or not such real, personal or mixed property is or shall be affixed to the Land;

All building materials, building machinery and building equipment delivered on site to the Land during the course of, or in connection with, any construction, repair or renovation of the buildings and improvements situated or to be situated thereon;

All leases, licenses or occupancy agreements of all or any part of the Land and all extensions, renewals, and modifications thereof, and any options, rights of first refusal or guarantees relating thereto;

All rents, income, revenues, security deposits, issues, profits, awards and payments of any kind payable under the leases or otherwise arising from the Land;

All contract rights, accounts receivable and general intangibles relating to the Land or the use, occupancy, maintenance, construction, repair or operation thereof;

All management agreements, franchise agreements, utility agreements and deposits;

All maps, plans, surveys and specifications;

All warranties and guaranties;

All permits, licenses and approvals; and all insurance policies;

All estates, rights, tenements, hereditaments, privileges, easements, and appurtenances of any kind benefitting the Land;

All means of access to and from the Land, whether public or private; and all water and mineral rights; and

All “Proceeds” of any of the above-described Mortgaged Property, which term shall have the meaning given to it in the Uniform Commercial Code of the jurisdiction where the Mortgage is recorded (the “UCC”), whether cash or non-cash, and including insurance proceeds and condemnation awards; and all replacements, substitutions and accessions thereof.
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 with the Clerk within 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 seven business days prior to the proceeding at the Sarasota County Courthouse. Telephone 941-861-7425 (Sarasota and Venice) or 1-800-955-8770 via Florida Relay Service.
DATED on August 11, 2011
/S/Gregory M. McCoskey
Gregory M. McCoskey
Florida Bar No. 0089850
Glenn Rasmussen Fogarty & Hooker, P.A.
P.O. Box 3333
Tampa, Florida 33601
(813) 229-3333
(813) 229-5946 (fax)
August 19, 26, 2011 11-2486S