11-1649S

FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT of florida IN AND FOR
SARASOTA county
civil DIVISION
CASE NO. 2007 CA 007213 NC CONSOLIDATED WITH
CASE NO. 2008 CA 000540 NC
KUXHAUSEN CONSTRUCTION, INC,
Plaintiff, vs.
HERITAGE DEVELOPMENT OF
CENTRAL FLORIDA, LLC and
ARDAMAN & ASSOCIATES, INC,
Defendants.
___________________________/
M & I MARSHALL & ILSLEY BANK
A Wisconsin banking corporation,
Plaintiff, vs. HERITAGE DEVELOPMENT OF
CENTRAL FLORIDA, LLC a
Minnesota limited liability company, HENNESSEY FUNDING, LLC,
a Minnesota limited liability
company, DICK SEAGLE &
ASSOCIATES, INC., a Florida
corporation, KUXHAUSEN
CONSTRUCTION, INC., a
Florida corporation, and
R.J. RHODES ENGINEERING,
INC., a Florida corporation
Defendants.
NOTICE is hereby given that, pursuant to the Partial Final Judgment of Foreclosure entered on May 26, 2011 in the above-referenced matter pending in the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida, Karen E. Rushing, Clerk of the Circuit Court, will sell to the highest and best bidder for cash via the internet at http://www.sarasota.realforeclose.com at 9:00 a.m. on June 30, 2011, the following property described below, situated in Sarasota County, Florida, as set forth in the Partial Final Judgment of Foreclosure:
DESCRIPTION OF THE REAL PROPERTY:

PARCEL 1
O.R. BOOK 1040, PAGE 953

THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AND THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, LESS THE TRACTS CONVEYED BY OFFICIAL RECORD BOOK 972, PAGE 1445, OFFICIAL RECORD BOOK 1012, PAGE 441 AND OFFICIAL RECORD BOOK 1013, PAGE 478 OF THE PUBLIC RECORDS OF SARASOTA COUNTY FLORIDA, LYING AND BEING IN SECTION 36, TOWNSHIP 36 SOUTH, RANGE 18 EAST.

LESS THE RIGHT-OF-WAY FOR CATTLEMEN ROAD AS RECORDED IN OFFICIAL RECORD BOOK 1785, PAGE 1066, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA;

LESS THE RIGHT-OF-WAY FOR CATTLEMEN ROAD AS RECORDED IN OFFICIAL RECORDS INSTRUMENT #2001041163 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.

PARCEL 2
O.R. BOOK 972, PAGE 1445

THE NORTH 300 FEET OF THE NORTH ONE-HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA;

ALSO; THE NORTH 20 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36; TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA, LESS RIGHT-OF-WAY FOR STATE ROAD NO. 785;

LESS RIGHT-OF-WAY FOR CATTLEMEN ROAD AS RECORDED IN ROAD PLAT BOOK 2 AT PAGES 56-56C OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA;

SUBJECT TO A PERMANENT EASEMENT FOR ROAD WIDENING OF CATTLEMEN ROAD DESCRIBED IN OFFICIAL RECORD BOOK 1769, PAGE 2147, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.

PARCEL 3
O.R. BOOK 1013, PAGE 478

BEING THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA, LESS THE NORTHERLY 352.26 FEET THEREOF AND LESS THE SOUTHERLY 30 FEET THEREOF AND LESS THE EASTERLY 25 FEET THEREOF FOR RIGHT-OF-WAY FOR STATE ROAD 785; ALSO THE EASTERLY 90.59 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 36, LESS THE SOUTHERLY 30 FEET THEREOF AND LESS THE NORTHERLY 300 FEET THEREOF, CONTAINING 5 ACRES.

LEGAL DESCRIPTION OF PROPERTY AS SURVEYED:

SITUATED IN SECTION 36, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGIN AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA; SAID POINT LYING ON THE NORTHERLY LINE OF COLONIAL OAKS UNIT NO. 22, A SUBDIVISION RECORDED IN PLAT BOOK 30, PAGES 23, 23A-23F, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE FROM SAID POINT-OF-BEGINNING AND ALONG A NORTHERLY LINE OF COLONIAL OAKS, UNIT NO. 22, SOUTH 89Ëš37'44” WEST 681.44 FEET; THENCE CONTINUING ALONG A LINE OF COLONIAL OAKS UNIT NO. 22 AND AN EASTERLY LINE OF COLONIAL OAKS UNIT NO. 23, A SUBDIVISION RECORDED IN PLAT BOOK 32, PAGE 13, 13A-13D, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, NORTH 00Ëš50'25” EAST 663.16 FEET TO THE SOUTHWEST CORNER OF ARBOR TRACT UNIT 4, A SUBDIVISION RECORDED IN PLAT BOOK 38, PAGE 44 AND 44A, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY LINE OF ARBOR TRACE, UNIT 4 NORTH 89Ëš34'25” EAST 679.32 FEET TO THE SOUTHWEST CORNER OF ARBOR TRACE, UNIT 1, A SUBDIVISION RECORDED IN PLAT BOOK 37, PAGE 19 AND 19A, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY LINE OF ARBOR TRACT UNIT 1, ARBOR TRACT UNIT II, A SUBDIVISION RECORDED IN PLAT BOOK 37, PAGES 30 AND 30A, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, AND THE NORTHERLY LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 36 SOUTH, RANGE 18 EAST, NORTH 89Ëš29'58” EAST 1332.48 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CATTLEMEN ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 1769, PAGE 2146, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH O1Ëš14'44” EAST 20.00 FEET; THENCE ALONG A LINE PARALLEL TO AND 20 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SOUTH 89Ëš29'58” WEST 652.91 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 36 SOUTH, RANGE 18 EAST; THENCE ALONG SAID LINE, SOUTH 00Ëš27'41” WEST 332.31 FEET; THENCE ALONG A LINE PARALLEL TO THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 36 SOUTH, RANGE 18 EAST AND 352.26 FEET SOUTH OF SAID LINE, NORTH 89Ëš29'58” EAST 656.36 FEET TO THE WEST LINE OF THE EASTERLY 25 FEET EXCLUDED FOR RIGHT-OF-WAY FOR STATE ROAD 785 (AS DESCRIBED IN O.R. BOOK 972, PAGE 1445 AND O.R. BOOK 1013, PAGE 4789, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA); THENCE ALONG SAID LINE SOUTH 00Ëš15'59” WEST 282.73 FEET; THENCE SOUTH 89Ëš33'22” WEST 15.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CATTLEMEN ROAD AS DESCRIBED IN OFFICIAL RECORDS INSTRUMENT #2001041163, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE ALONG SAID LINE SOUTHWARDLY ON A CURVE CONCAVE WESTWARDLY AN ARC DISTANCE OF 33.00 FEET, SAID CURVE HAVING A RADIUS OF 11,956.48, A CENTRAL ANGLE OF 00Ëš08'38” AND A CHORD WHICH BEARS SOUTH 00Ëš17'20” WEST 30.00 FEET TO THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 36 SOUTH, RANGE 18 EAST AND A NORTH LINE OF AFORESAID COLONIAL OAKS UNIT NO. 22; AND THENCE ALONG SAID LINE, SOUTH 89Ëš33'22” WEST 1324.82 FEET TO THE POINT-OF-BEGINNING CONTAINING 25.746 ACRES.

LESS AND EXCEPT, Lots 2, 3, 4, 6, 7, 8, 14, 16, 18, 19,
20, 25, 26, 27, 28, 29, 31, 33, 34, 35, 36, 37, 40, 43, 46, 47,
48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 60, 61, 62, 63, 64,
OAK VISTAS, according to the Plat thereof, recorded in
Plat Book 45 at Page 44 of the Public Records of Sarasota
County, Florida
Any person who is claiming an interest in the surplus, if any, resulting from the foreclosure sale, other than the property owner as of the date of the Lis Pendens, must file a claim on same with the Clerk of Court within 60 days after the foreclosure 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.
DATED this 4th day of April 2011.
BY: Ryan W. Owen, ESQ.
FBN 0029355
RYAN W. OWEN, ESQUIRE
ADAMS AND REESE LLP
1515 Ringling Blvd., Suite 700
Sarasota, Florida 34236
Florida Bar No. 0010281
Phone: (941) 316-7600
Fax: 941-316-7915
1023490-3
June 10, 17, 2011 11-1649S