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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE 12th JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR
MANATEE COUNTY
CIVIL DIVISION
Case NO.: 08-CA-9981
VOELLER CONSTRUCTION, INC.,
Plaintiff,
GULFVIEW HOMES, LLC, WHITNEY BANK, successor by merger to WHITNEY NATIONAL BANK, CARPET INN OF SARASOTA, INC., TRI-TECH CONSTRUCTION AND DESIGN, INC., C.E. HUFFMAN TRUCKING, INC., N&M COOLING AND HEATING, DRYWALL SERVICES OF SARASOTA, INC., AMICK ROOFING, INC., CARDINAL DOOR AND HARWARE, INC., SUN STATE LANDSCAPING OF BRADENTON, INC., ANGELINA GRANITE & MARBLE, INC., 1ST NATIONAL BANK & TRUST, PLUMBING EXPRESS, INC.
Defendants.
WHITNEY BANK, successor by merger to WHITNEY NATIONAL BANK, a national banking association, successor by merger to 1st National Bank & Trust,
Defendant/Counterclaim Plaintiff, vs.
VOELLER CONSTRUCTION, INC., a Florida Corporation; GULFVIEW HOMES, LLC, a Florida limited liability company; TAREK SAMEE, individually; ABDUL K. JAWAD, individually; N & M COOLING & HEATING, INC., a Delaware corporation; CARDINAL DOOR AND HARDWARE, INC., a Florida corporation; ISLAND PAINTING & WATERPROOFING, INC., a Florida corporation; ANGELINA GRANITE & MARBLE, INC., a Florida corporation; CARPET INN OF SARASOTA, INC., a Florida corporation; and GULFVIEW HOMEOWNERS ASSOCIATION, INC., a Florida corporation,
Counterclaim Defendants.
Notice is hereby given that, pursuant to the Final Judgment of Foreclosure dated November 1, 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 Manatee County, Florida, and more particularly described as:
Lots 14 and 15, Cortez Subdivision, according to the map or plat thereof, as recorded in Plat Book 47, Pages 172 through 174, of the Public Records of Manatee County, Florida (the “Real Property”)
TOGETHER WITH:
(1)all structures and Improvements now or hereafter on the Real Property;
(2) all right, title, and interest or Mortgagor to the minerals, soil, flowers, shrubs, crops, trees, timber, emblements and other products now or hereafter on, under or above the Real Property, or any part or parcel thereof;
(3) all of Mortgagor's right, title, interest, and privileges arising under all contracts and permits entered into or obtained in connection with the development or operation of the Real Property, including by way of example and not in limitation: all development and construction permits, approvals, resolutions, variances, licenses, and franchises granted by municipal, county, state, and federal governmental authorities, or any of their respective agencies; all architectural, engineering, and construction contracts; all drawings, plans, specifications and plats; and all contracts and agreements for the furnishing of utilities;
(4) all of Mortgagor's interest in all utility security deposits or bonds now or hereafter deposited in connection with the Real Property;
(5) all of Mortgagor's interest as lessor in and to all leases or rental arrangements now or hereafter affecting all or any part of the Real Property and all other rents and profits derived from the Real Property, all income or proceeds from the development of or economic activity upon any part of the Real Property;
(6) all of Mortgagor's interest in and to any and all contracts and agreements for the sale of the Real Property, or any part thereof or any interest therein, whether now existing or arising hereafter, and all of the Mortgagor's interest in and right to earnest money deposits made upon such contracts and agreements;
(7) all land improvements to and upon the Real Property, including water, sanitary, and storm sewer systems, and all related equipment and appurtenances thereto, whether now existing or hereafter located in, upon, or under the Real Property;
(8) all machinery, apparatus, equipment, fittings, and fixtures, whether actually or constructively attached to the Real Property, and all trade domestic, and ornamental fixtures, and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon, over, or under the Real Property, or any part thereof, and used or usable in connection with any present or future operation or development of the Real Property, and now owned or hereafter acquired by Mortgagor, including by way of exampled and not in limitation: heating, air conditioning, freezing, lighting, laundry, incinerating, and power equipment; engines, pipes, wells, water filtering systems and softening devices, water heaters, pumps, tanks, and motors; all swimming pools and appurtenances thereto; all electrical and plumbing installations; all furniture, furnishings, wall and floor coverings, blinds, elevators, appliances, television antennas and cables, storm and screen windows and doors, and lighting fixtures; all building materials and equipment now or hereafter delivered to the “Real Property” or stored at an off-site location; and
(9) all right, title and interest of Mortgagor in and to all unearned premiums accrued, accruing, or to accrue under any and all insurance policies now or hereafter existing which covers all or any portion of the Mortgaged Property; all proceeds or sums payable for a loss of or damage to all or any portion of the Mortgaged Property; all payments received under warranties applicable to all or any portion of the Mortgaged Property; and any other amounts received in satisfaction of claims for defects in all or any portion of the Mortgaged Property.
at a public sale, to the highest and best bidder, for cash, at 11:00 o'clock a.m. on the 7th day of December, 2011, via Internet at www.manatee.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.
If you are a person with a disability who needs any accommodation 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.
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.
KATHLEEN S. MCLEROY
Florida Bar No. 856819
REBECCA N. SHWAYRI
Florida Bar Number 0868531
CARLTON FIELDS, P.A.
Post Office Box 3239
Tampa, Florida 33601-3239
Telephone: 813.223.7000
Facsimile: 813.229.4133
Attorneys for Plaintiff
November 11, 18, 2011 11-2448M