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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE
TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO. 2010-CA-011251-NC
IBERIABANK, a Louisiana banking corporation, as successor in
interest to Century Bank, FSB by virtue of the purchase, assumption, and assignment of certain
assets of Century Bank, FSB from the FDIC as Receiver,
Plaintiff, v.
WATERFORD WATERFRONT
BUILDING C, LLC, a Florida
limited liability company,
MICHAEL W. MILLER, an
individual, THE WATERFRONT MASTER ASSOCIATION, INC., a Florida not-for-profit corporation, THE WATERFRONT ON VENICE ISLAND BUILDING C
CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit
corporation, H&H STRUCTURES, INC., a Florida corporation,
COUNTRY CUPBOARDS OF
VENICE, INC., a Florida
corporation, and UNKNOWN
TENANTS IN POSSESSION NOS. 1
THROUGH 9,
Defendants.
Notice is hereby given that, pursuant to the Final Judgment of Foreclosure dated May 26, 2011, in the-above styled cause, the Clerk of the Circuit Court, will sell the below described real property (and any personal property situated thereon) situated in Sarasota County, Florida, and more particularly described as:
COLLATERAL DESCRIPTION
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property described below (hereinafter referred to as the “Property”) and including all trade, domestic arid ornamental fixtures, and articles of personal property of every kind and nature whatsoever now or hereafter located in upon or under the Property now owned or 19039741.2 hereafter acquired by Debtor, including but not limited to all 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 and furnishings; 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, wall board, 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 and intangible property; together with all proceeds, additions, and accessions thereto and replacements thereof, including after acquired property.
All of the water, sanitary, and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located in, upon, or under the Property, including, but not limited to, all water mains, service laterals, hydrants, valves, and appurtenances, and all sanitary sewer lines, including mains, laterals, manholes, and appurtenances.
All of Debtor's rights, title, and interest in and to the materials, soil, flowers, shrubs, crops, tree,
timber, and other emblements now or hereafter in, upon, or under the Property.
All paving for streets, roads, walkways, or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Property.
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 time of the security agreements or any extension or renewal thereof, together with all rents and payments in lieu of rents, together with any and all guaranties of such leases or rental arrangements and including all present and future security deposits and advance rentals, and any and all assignments of rent with respect to the
Property or any part thereof.
Any and all awards or payments including interest thereon, and the right to receive the same, as a result of (a) the exercise or 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
below in this exhibit.
All of Debtor's right, title, and interest in and to all unearned premiums accrued, 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 below/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, or operation of the property, and all of Debtor's right, title, and interest in and to any and all governmental licenses, permits, approvals, allocations, and similar matters and documents obtained or to be obtained in connection with said development, construction, and operation of the Property.
All of Debtor's right, title, and interest 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 Property described below.
All of Debtor's interest in all utility security deposits or bonds with respect to the Property described below or any part or parcel thereof.
LEGAL DESCRIPTION
Units 215, 316, 415, 613, 614, 714, 814, 912, and 914, THE WATERFRONT ON VENICE ISLAND BUILDING C, a Condominium, according to the Declaration of Condominium recorded in Instrument No. 2007096240, as amended and according to the Condominium Plat thereof, as recorded in Condominium Book 40, at Page 44, as amended, all of the Public Records of Sarasota County, Florida.
at a public sale, to the highest and best bidder for cash, 9:00 o'clock a.m. on the 30th day of June, 2011, via Internet at www.sarasota.realforeclose.com.
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.
Pursuant to Florida Statute 45.031(2), this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least 5 days prior to the sale. This notice will be published in the Gulf Coast Business Review.
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.
By: Merrick L. Gross
Florida Bar No. 716677
Naomi M. Massave
Florida Bar No. 0069916
Respectfully submitted,
CARLTON FIELDS, P.A.
Attorneys for Plaintiff
100 S.E. Second Street, Suite 4200
Miami, Florida 33131
Telephone: (305) 530-0050
Facsimile (305) 530-0055
June 3, 10, 2011 11-1541S