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FIRST INSERTION
NOTICE OF SALE PURSUANT
TO FLORIDA STATUTES,
CHAPTER 45
in the circuit court of the
twelfth judicial circuit in and for SARASOTA county, florida
CASE NO. 2010-CA-6155-NC
IBERIABANK,
Plaintiff(s), vs.
HIBISCUS SUITES, LLC,
HIBISCUS SUITES II, LLC,
CHERYL P. BRILLIANT a/k/a
CHERYL BRILLIANT,
ROBERT M. BRILLIANT a/k/a ROBERT BRILLIANT, GAYA BUILDERS, INC., STATE OF FLORIDA, GLOBAL
FINANCIAL SOLUTIONS, and
SARASOTA COUNTY
Defendant(s)
NOTICE IS GIVEN that pursuant to a Uniform Final Judgment of Mortgage Foreclosure dated November 4, 2011, in the above-styled cause, and published in the Gulf Coast Business Review, the Clerk of Court will sell to the highest and best bidder for cash at www.sarasota.realforeclose.com, at 9:00 a.m. on the 9th day of December, 2011, the following described property:
SEE LEGAL DESCRIPTION
ATTACHED HERETO AS EXHIBIT “A”
EXHIBIT “A”
AS TO COUNT I
Lots 4, 5 and 6, and the Easterly 6.5 feet of Lot 3, Block 6, Pine Shores Estates, First Addition, according to the map or plat thereof as recorded in Plat Book 5, Page(s) 56, Public Records of Sarasota County, Florida. LESS the portion thereof taken by Order of Taking recorded in O.R. Book 684, Page 204 and described in O.R. Book 641, Page 134, and O.R. Book 641, Page 148, Public Records of Sarasota County, Florida.
Together with all the improvements erected on the property; all easements, rights, appurtenances, and security deposits; revenues of any kind, and rents; all royalties, mineral, oil, and gas rights and profits; all water, water rights and all fixtures attached to the property and reversions, remainders, rents, incomes, issues, profits and revenues thereof, including all elevators, gas, steam, electric, water, cooking, refrigeration, plumbing, air conditioning, heating, ventilation, appliances, generators, machinery (and without limitation all of the collateral described as follows:
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the Property described above 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 now owned or hereafter acquired by Robert Brilliant and Cheryl Brilliant (“Debtor” or “Borrower”) 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.
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 life 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 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 herein.
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 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 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 the Property described above.
All of Debtor's interest in all utility security deposits or bonds on the Property described above or any part or parcel thereof.
Together with all present and future leases, contracts, rents, receivables and profits from the property and all the third party contract rights, rents, revenues, issues, profits or lease payments, arising from the property held by the Borrower.
AS TO COUNT III
Easterly 25 feet of Lot 2 and the Westerly 87 feet of Lot 3, Block 6, less Road Right of Way described in O.R. Book 729, Page 522, PINE SHORES ESTATES, FIRST ADDITION, according to the plat thereof recorded in Plat Book 5, Page 56, Public Records of Sarasota County, Florida.
Together with all and singular the tenements, hereditaments, appurtenances, privileges, rights, interests, dower, reversions, remainders and easements thereunto appertaining, together with all of the following:
A. all structures and improvements on the real property;
B. all right, title and interest of Hibiscus Suites, LLC and Hibiscus Suites II, LLC (“Mortgagor”) to the minerals, soil, flowers, shrubs, crops, trees, timber, emblements and other products on, under or above the real property, or any part or parcel thereof;
C. 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;
D. all of Mortgagor's interest in all utility security deposits or bonds now or hereafter deposited in connection with the real property;
E. 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;
F. 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, all of Mortgagor's interest in and right to earnest money deposits made upon such contracts and agreements;
G. 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, over or under the real property;
H. 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 example 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 which are intended to be installed on the real property;
I. 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 the 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.
Together with all present and future leases and other tenant arrangements together with and all rents, income and profits arising from the lease(s) and any and all other rents, income or profits for the use and occupancy of the property by any person, firm, corporation or other legal entity from whatever source derived and all the third party contract rights, security deposits, rents, revenues of any kind or nature, issues, profits and insurance proceeds arising from the property, all leases affecting the property and all contracts and contract rights held by Borrower relative to the sale of any portion of the property.
Together with the following:
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the Property described above 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 now owned or hereafter acquired by Robert Brilliant and Cheryl Brilliant (“Debtor” or “Borrower”) 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.
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 life 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 or 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 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 herein.
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 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 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 the Property described above.
All of Debtor's interest in all utility security deposits or bonds on the Property described above or any part or parcel thereof.
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 seven business days prior to the proceeding at the Sarasota County Courthouse. Telephone 941-861-7425 (Sarasota and Venice) or 1-800-955-8770 via Florida Relay Service.
Dated this 7th day of November, 2011.
By: John R. Dunham, III
Florida Bar #347541
LUTZ, BOBO, TELFAIR,
DUNHAM & GABEL
Two North Tamiami Trail, Suite 500
Sarasota, Florida 34236
(941) 951-1800
(941) 366-1603 Fax
November 11, 18, 2011 11-3542S