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FIRST INSERTION
NOTICE OF SALE
PURSUANT TO FLORIDA
STATUTES CHAPTER 45
IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT,
IN AND FOR SARASOTA COUNTY, FLORIDA
GENERAL JURISDICTION
DIVISION
CASE NO.: 2010 CA 001802 NC
FIFTH THIRD BANK, an Ohio banking corporation, successor by merger to First National Bank of Florida and Cape Coral
National Bank,
Plaintiff, v.
A&M PROPERTIES, a Florida general partnership; EDWARD D. ADKINS, individually; STEVEN L. MARINO, individually; AND UNKNOWN TENANTS IN
POSSESSION NOS. 1 THROUGH 12,
Defendants.
NOTICE IS HEREBY PROVIDED that, in accordance with the Final Judgment of Foreclosure entered on June 3, 2011, in the above-styled cause, the Clerk of Court will sell to the
highest and best bidder for cash at www.sarasota.realforeclose.com, the Clerk's website for on-line auctions, at 9:00 a.m., on July 8, 2011, the property described in the attached Exhibits “A”
and “B”.
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL 1
A portion of Lot 1, SARASOTA COUNTY INTERSTATE BUSI- NESS CENTER - NORTH
- PHASE I, recorded in Plat Book 38, Pages 28, 28A through 28C, of the Public Records of Sarasota County, Florida, described as follows:
BEGIN at the Northeast corner of Lot 1, SARASOTA COUNTY INTERSTATE BUSINESS CENTER - NORTH - PHASE I, recorded in Plat Book 38, Pages 28, 28A through 28C, of the Public Records of Sarasota County, Florida;
THENCE a bearing of South, along the East line of said Lot I, a distance of 578.67 feet to a point on a curve to the right, having: a radius of 370.00 feet, a central angle of 37°08'44”, a chord bearing of North 49°39'26” West, and a chord length of 235.70 feet (the same being the Southeast corner of said Lot 1);
THENCE along the Southerly line of said Lot I, along the arc of said curve, an arc length of 239.87 feet to the point of reverse curvature of a curve to the left, having: a radius of 430.00 feet, a central angle of 08°17'30”, a chord bearing of North 35°13'49” West, and a chord length of 62.17 feet;
THENCE along said Southerly line of Lot 1, along the arc of said curve, an arc length of 62.23 feet to the end of said curve;
THENCE a bearing of North, parallel with said East line of said Lot 1, a distance of 387.23
feet, to the North line of said Lot 1;
THENCE South 86°49'58” East along said North line of Lot 1, a distance of 215.84 feet to the Point of Beginning.
PARCEL 2
Lot 1, SARASOTA COUNTY INTERSTATE BUSINESS CENTER — NORTH — PHASE 1, according to the Plat thereof, as recorded in Plat Book 38, Pages 28, 28A through 28C, of the Public Records of Sarasota County, Florida, LESS that portion of said Lot 1 described in Warranty Deed recorded in O.R. Book 3070, Page 154, of the Public Records of Sarasota County, Florida, and as described in PARCEL 1 hereinabove.
EXHIBIT “B”
EXHIBIT “A”
All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the property described in Exhibit “B” (herein referred to as “property”) or under or above the same or any part or parcel thereof. All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon or under the property or any part thereof and used or usable. in connection with any present or future operation of the property and now owned or hereafter acquired by Debtor, including, but without limiting the generality of the foregoing, all electrical heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers; ranges; furnaces, oil burners or units thereof; appliances; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture andiumishings; together with all building materials and equipment now or hereafter delivered to the property and intended to be installed therein, including but not 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; together with all proceeds, additions and accessions thereto and replacements thereof.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over, and upon the property or any part and 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.
All paving for streets, roads, walkways or entrance ways now or hereafter awned by Debtor and which are now or hereafter located on the property or any part or parcel thereof.
All of Debtor's interest as lessor in and to all leases or rental arrangements of the property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by Debtor during the life of the security agreements or any extension orjenewal thereof, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.
Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the property described in Exhibit “B” or in this exhibit.
All of the right, title and interest of the Debtor in and to all unearned premiums secured, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the property described in Exhibit “B” or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the property.
All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon, operation of or sale of the property, including any agreements for deed and installment land contracts.
All of the right, title and interest of the Debtor in and to any trade names, names of businesses, or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Exhibit “B” property.
All of Debtor's interest in all utility securing deposits or bonds on the Exhibit “B” property or any part or parcel thereof.
EXHIBIT “B”
LEGAL DESCRIPTION
PARCEL 1
Lot 1, SARASOTA COUNTY INTERSTATE BUSINESS CENTER - NORTH - PHASE 1, as per plat thereof recorded in Plat Book 38, Page 28, Public Records of Sarasota County, Florida.
LESS that portion thereof described in deed recorded in Official Records Book 3070, Page 154, Public Records of Sarasota County, Florida.
PARCEL 2
A parcel of land situated in the State of Florida, County of Sarasota, lying in Section 2, Township 39 South, Range 19 East, being a portion of Lot 1, SARASOTA COUNTY INTERSTATE
BUSINESS CENTER - NORTH - PHASE 1, Recorded in Plat Book 38, Pages 28, 28A-28C, Public Records of Sarasota County, Florida, and further described as follows:
Beginning at the Northeast corner of Lot 1, SARASOTA COUNTY INTERSTATE BUSINESS CENTER - NORTH - PHASE 1, recorded in Plat Book 38, Pages 28, 28A- 28C, Public Records of Sarasota County, Florida; thence South along the East line of said Lot 1, a distance of 578.67 (Record = 578.82) feet to a point on the curve to the right having a radius of 370.00 feet, a central angle of'3'7°08'44”, a chord bearing of N 49°36'26” W and a chord length of 235.70 feet, sane being the Southeast corner of said Lot 1, thence Westerly along the Southerly line of said Lot 1, along the ARC of said curve, an ARC length of 239.87 feet to the point of reverse curvature of a curve to the left, having a radius of 430.00 feet, a central angle of 08°17'30”, a chord bearing of N351 3'49” W and a chord length of 62.17 feet; thence Westerly along said Southerly line of Lot 1, along the ARC of said curve, an ARC length of 62.23 feet to the End of said curve; thence a bearing of North, parallel with said East line of said Lot 1, a distance of 387.23 feet, to the North line of said Lot 1, thence S 86°49'58” E
along said North line of Lot 1, a distance of 215.84 feet to the Point of Beginning. Parcel contains 108,904 square feet or 2.50 acres, more or less. Bearings are based on the West line of Section 2, Township 39 South, Range 19 East, as bearing N 00°31'14” E.
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.
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.
CARLTON FIELDS, P.A.
Attorneys for Plaintiff
Miami Tower
100 S.E. Second Street,
Suite 4200
Miami, Florida 33131-9101
Telephone: (305) 530-0050
Facsimile: (305) 530-0055
June 24; July 1, 2011 11-1819S