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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 005411
AMERICAN MOMENTUM BANK
Plaintiff vs.
MCNITT FOOD MART, INC.; JOHN M. MCNITT; MARY MCNITT; BUDDY G. MCNITT; CAROL A. MCNITT; TENANT #1, as an unknown party in possession; TENANT #2, as an unknown party in possession
Defendants.
NOTICE is hereby given pursuant to the Final Judgment entered in the above noted case that the following property will be sold in Manatee County, Florida by the Clerk, described as:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 35 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA; THENCE SOUTH, ALONG THE WESTERLY LINE OF SAID SECTION 10, A DISTANCE OF 35.91 FEET; THENCE S 89° 34' E ALONG THE WESTERLY EXTENSION OF THE SOUTHERLY RIGHT OF WAY OF STATE ROAD #684 TO THE INTERSECTION WITH THE EASTERLY LINE OF LAND DESCRIBED IN O.R. BOOK 1236, PAGE 2309, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, A DISTANCE OF 67.36 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE S 89° 34' E, ALONG SAID SOUTHERLY RIGHT OF WAY TO THE INTERSECTION WITH THE WESTERLY LINE OF LAND DESCRIBED AND RECORDED IN O.R. BOOK 1112, PAGE 3084, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, A DISTANCE OF 99.64 FEET; THENCE SOUTH, LEAVING SAID SOUTHERLY RIGHT OF WAY AND ALONG SAID WESTERLY LINE, A DISTANCE OF 175.00 FEET, TO THE NORTHERLY LINE OF SAID LAND DESCRIBED IN O.R. BOOK 1112, PAGE 3084; THENCE N 89° 34' W, ALONG SAID NORTHERLY LINE TO THE EASTERLY RIGHT-OF-WAY OF 34TH STREET SOUTH, A DISTANCE OF 142.00 FEET; THENCE NORTH, ALONG SAID RIGHT-OF-WAY, TO THE INTERSECTION WITH THE MOST SOUTHERLY POINT OF SAID LAND DESCRIBED IN O.R. BOOK 1236, PAGE 2309, A DISTANCE OF 132.64 FEET; THENCE N 45° 13' 00” E, ALONG THE SOUTHERLY LINE OF SAID LAND DESCRIBED IN O.R. BOOK 1236, PAGE 2309, A DISTANCE OF 59.68 FEET TO THE POINT OF BEGINNING. BEING AND LYING IN SECTION 10, TOWNSHIP 35 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA. LESS THEREFROM: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 35 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA; THENCE SOUTH, ALONG THE WESTERLY LINE OF SAID SECTION 10, A DISTANCE OF 35.91 FEET; THENCE S 89° 34' E, ALONG THE WESTERLY EXTENSION OF THE SOUTHERLY RIGHT-OF-WAY OF STATE ROAD 684, TO THE INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT-OF-WAY OF 34TH STREET WEST, A DISTANCE OF 25.00 FEET, ALSO BEING THE N.W. CORNER OF LAND DESCRIBED AND RECORDED IN O.R. BOOK 1236, PAGE 2309, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE SOUTH ALONG SAID NORTHERLY EXTENSION OF SAID EASTERLY RIGHT-OF-WAY AND THE WESTERLY LINE OF SAID LAND IN O.R. BOOK 1236, PAGE 2309, A DISTANCE OF 42.36 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH ALONG SAID EASTERLY RIGHT-OF-WAY OF 34TH STREET WEST, A DISTANCE OF 132.64 FEET; THENCE S 89° 34' E, A DISTANCE OF 7.81 FEET; THENCE NORTH, PARALLEL WITH AND 7.81 FEET EASTERLY THEREFROM, A DISTANCE OF 140.44 FEET TO THE INTERSECTION WITH THE SOUTHERLY LINE OF SAID LAND DESCRIBED AND RECORDED IN O.R. BOOK 1236, PAGE 2309; THENCE S 45° 13' W A DISTANCE OF 10.99 FEET TO THE POINT OF BEGINNING. LYING AND BEING IN SECTION 10, TOWNSHIP 35 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA.
TOGETHER WITH: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 35 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID SECTION 10, A DISTANCE OF 35.91 FEET; THENCE S 89° 34' E, ALONG THE WESTERLY EXTENSION OF THE SOUTHERLY RIGHT-OF-WAY OF STATE ROAD 684, TO THE INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT-OF-WAY OF 34TH STREET WEST, A DISTANCE OF 25.00 FEET, ALSO BEING THE NORTHWEST CORNER OF LAND DESCRIBED AND RECORDED IN O.R. BOOK 1236, PAGE 2309, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE SOUTH ALONG SAID NORTHERLY EXTENSION OF THE SAID EASTERLY RIGHT-OF-WAY, AND THE WESTERLY LINE OF SAID LAND IN O.R. BOOK 1236, PAGE 2309, A DISTANCE OF 42.36 FEET; THENCE CONTINUE SOUTH, ALONG THE EASTERLY RIGHT-OF-WAY OF 34TH STREET WEST, A DISTANCE OF 132.64 FEET; THENCE S 89° 34' E, LEAVING SAID RIGHT-OF-WAY, A DISTANCE OF 7.81 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE S 89° 34' E A DISTANCE OF 134.20 FEET; THENCE SOUTH, A DISTANCE OF 7.90 FEET; THENCE N 89° 34' W, A DISTANCE OF 134.20 FEET; THENCE NORTH, A DISTANCE OF 7.90 FEET TO THE POINT OF BEGINNING. LYING AND BEING IN SECTION 10, TOWNSHIP 35 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA.
(the foregoing is hereinafter referred to as the “Property”)
together with:
1. All buildings and improvements now or hereafter erected on the Property
2. All fixtures, machinery, equipment and other articles of real, personal or mixed property attached to, situated or installed in or upon, or under in the operation or maintenance of , the Property or any buildings or improvements situated thereon, whether or not such, real person, or mixed property is or shall be affixed to the Property
3. 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
4. All leases, licenses, or occupancy agreements of all or any part of the Property and all extensions, renewals, and modifications thereof, and any options, rights of first refusal or guarantees relating thereto.
5. All rents, income, revenues, security deposits, issues, profits, awards and payments of any kind payable under the leases or otherwise arising from the Property
6. All contract rights, accounts receivable and general intangibles relating to the Property or the use, occupancy, maintenance, construction, repair or operation thereof
7. All management agreements, franchise agreements, utility agreements and deposits relating to the Property
8. All maps, plans, surveys and specifications relating to the Property
9. All warranties and guaranties relating to the Property
10. All permits, licenses and approvals and all insurance policies relating to the Property
11. All estates, rights, tenements, hereditaments, privileges, easements and appurtenances of any kind benefiting the Property; all means of access to and from the Property, whether public or private
12. All water and mineral rights relating to the Property
At public sale, to the highest and best bidder for cash, via the internet at www.manatee.realforeclose.com, at 11:00 a.m. on the 31st day of January, 2012. The highest bidder shall immediately post with the Clerk, a deposit equal to 5% of the final bid. The deposit must be cash or cashier's check payable to the Clerk of the Circuit Court. Final payment must be made on or before 4:00 p.m. of the date of sale by cash or cashier's check.
IF YOU ARE A PERSON 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. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
If you are a person with a disability who needs any accommodations 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: November 2, 2011.
Respectfully submitted,
hankin, persson, davis,
Mcclenathen & darnell
1820 Ringling Boulevard
Sarasota, Florida 34236.
Telephone: (941) 365-4950
By: Michael T. Hankin, Esquire
Florida Bar No. 0696961
Attorneys for Plaintiff
December 23, 30, 2011 11-2846M