Loading
FIRST INSERTION
NOTICE OF SALE PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 2010-CA-008225
REGIONS BANK,
Plaintiff, v.
MANATEE WELLNESS CENTER, INC., et al.,
Defendants.
Notice is given that pursuant to a Uniform Final Judgment of Mortgage Foreclosure dated September 8, 2011, entered in Case No. 2010-CA-008225 of the Circuit Court of the Twelfth Judicial Circuit in and for Manatee County, Florida, in which REGIONS BANK is the Plaintiff, and MANATEE WELLNESS CENTER, INC., CHRIS JAMES FLAIM, and ANGELA L. FLAIM are the Defendants, the Clerk of the Circuit Court will sell to the highest and best bidder for cash at www.manatee.realforeclose.com at 11:00 a.m. on October 14, 2011, the following-described property set forth in said Uniform Final Judgment of Foreclosure:
SEE COMPOSITE EXHIBIT “A” ANNEXED HERETO.
EXHIBIT A
COMMENCE AT THE NE CORNER OF THE SE ¼ OF NE ¼ OF SECTION 15, TOWNSHIP 35 SOUTH, RANGE 17 EAST OF MANATEE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG EAST LINE OF SAID SE ¼ OF NE ¼, 45 FEET; THENCE RUN WEST ALONG SOUTH LINE OF ROAD, 2145 FEET; THENCE SOUTH AND PARALLEL TO EAST LINE OF SAID SE ¼ OF NE ¼ ALONG EAST LINE OF MAGEE PLACE SUBDIVISION, 1284.04 FEET TO SE CORNER OF LOT 18, OF SAID MAGEE PLACE SUBDIVISION AS PER PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 76 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; FOR A POINT OF BEGINNING; THENCE RUN NORTH ALONG EAST LINE OF MAGEE PLACE SUBDIVISION, 224.9 FEET; THENCE RUN EAST 25 FEET; THENCE RUN SOUTH 74.9 FEET; THENCE RUN EAST 121.8 FEET TO A POINT ON WEST R/W LINE OF 24TH STREET W.; THENCE RUN SOUTH ALONG SAID WEST R/W LINE OF 24TH STREET W., 150 FEET; THENCE RUN WEST ALONG THE NORTH R/W LINE OF 57TH AVENUE WEST A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING; LESS THE NORTHERLY 74.9 FEET (BEING A PARCEL 25 FEET EAST AND WEST BY 74.9 FEET NORTH AND SOUTH) AS DESCRIBED IN OFFICIAL RECORDS BOOK 957, PAGE 1009 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, LESS THE SOUTH 3.0 FEET CONVEYED TO MANATEE COUNTY IN OFFICIAL RECORDS BOOK 1024, PAGE 872.
Subject to easements, restrictions, reservations, and dedications of record and to taxes and assessments for 1990 and subsequent years.
Commonly known as 2411 57th Ave West, Bradenton FL 34207.
Together with each and every tenement, hereditament, easement, right, power, privilege, immunity and appurtenance thereunto belonging or in anywise appertaining, and any and all reversions, remainders, estates, rights, title, interests and claims of any Mortgagor, whatsoever, in law as well as in equity in and to all or any part of the foregoing (the “Lands”) and any and all buildings and other improvements now or hereafter located on any part thereof (the “Improvements”):
1.2 All fixtures now or hereafter located on the Lands or affixed to the Improvements (the “Fixtures”);
1.3 All insurance policies maintained with respect to any of the foregoing, including all proceeds thereof and any rights to any refund of premiums thereunder;
1.4 All rents, profits, issues, leases and revenues of any of the foregoing from time to time accruing whether under leases or tenancies now existing or hereafter created, together with all leases and rights under leases provided however that permission is hereby given to Mortgagor so long as there is no default hereunder, to collect, receive and use current rents no more than 30 days in advance;
1.5 All judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of any of the foregoing or any part thereof or of any right or privilege accruing thereto, including without limitation any and all payments from voluntary sale in lieu of condemnation or the exercise of eminent domain;
1.6 All proceeds, products and replacements of or accessions to any of the foregoing.
TO HAVE AND TO HOLD unto the Mortgagee, its successors and assigns forever. As to any personal property or fixtures, this Mortgage is a self operative security agreement with respect to such property, but Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements, and other Instruments as Mortgagee may request in order to perfect its security interest or to Impose the lien hereof more specifically upon any of such property. Mortgagee shall have all the rights and remedies, in addition to those specified herein, of a secured party under the Florida Uniform Commercial Code.
All property described in paragraphs 1.1, 1.2, 1.3, 1.4, 1.5, and 1.6 is herein referred to collectively s the “Mortgaged Property.” The lien of this Mortgage will automatically attach, without further act, to all after acquired property located in or on, or attached to, or used in connection with, the operation of any other foregoing items of Mortgaged Property.
(a) S/N #2198 VECTRA GENISYS 4CH C-2796 S/N #8443 DECOMPRESSION TRACTION SYSTEM C-DTS
(b) Any and all accessions and additions now or hereafter made or added to any of the Collateral described in subparagraph (a) above, any repair parts, substitutions and replacements therefore and all attachments and improvements now or hereafter placed upon or used in connection therewith or any part thereof.
(c) Any and all embedded software (to the extent provided for in Article 9 of the UCC);
(d) All books and records and general intangibles (including software to the extent such software is not embedded) pertaining to any of the Collateral and
(e) All proceeds and products of any of the foregoing.
All Equipment.
In addition, the word “Collateral” also includes the following: whether now owned or hereafter acquired, whether now existing, or hereafter arising and where ever located.
(A) All accessions, attachments, accessories, tools, parts, supplies, replacements of and additions to any of the collateral described herein, whether added now or later.
(B) All products and produce of any of the property described in this Collateral section.
(C) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the property described in this Collateral section.
(D) All proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the property described in this Collateral section, and sums due from a third party who has damaged or destroyed the Collateral or from that party's insurer, whether due to judgment, settlement or other process.
(E) All records and data relating to any of the property described in this Collateral section, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of Grantor's right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media.
All Inventory, Accounts, Equipment, General Intangibles and Fixtures
In addition, the word “Collateral” also includes the following: whether now owned or hereafter acquired, whether now existing, or hereafter arising and where ever located.
(A) All accessions, attachments, accessories, tools, parts, supplies, replacements of and additions to any of the collateral described herein, whether added now or later.
(B) All products and produce of any of the property described in this Collateral section.
(C) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the property described in this Collateral section.
(D) All proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the property described in this Collateral section, and sums due from a third party who has damaged or destroyed the Collateral or from that party's insurer, whether due to judgment, settlement or other process.
(E) All records and data relating to any of the property described in this Collateral section, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of Grantor's right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media.
Any persons claiming an interest in the surplus froom the sale, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF THE LIS PENDENS MUST FILE A CLAIM WITHIN 60 DAYS.
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.
Dated: September 13, 2011.
ARNSTEIN & LEHR LLP
302 Knights Run Avenue, Suite 1100
Tampa, Florida 33602
(813) 254-1400 voice
(813) 254-5324 facsimile
Attorneys for Plaintiff
/s/ W. Patrick Ayers
W. Patrick Ayers, Esq
Florida Bar No. 615625
September 23, 30, 2011 11-1976M