12-2343M

FIRST INSERTION
AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CASE NO. 2009-CA-007765
IBERIABANK,
Plaintiff, v.
WILDCAT PRESERVE LLC. and
JAMES S. LYERLY, ROBERT E.
PRINE, JR., CONSTRUCTION, INC., and ROBERT E. PRINE, JR.
Defendants.
NOTICE is hereby given that, pursuant to a Final Judgment entered July 10, 2012, Case Number 2009 CA 007765 in the Circuit Court of Manatee County, Florida, the Clerk of Court will sell the property situated in Manatee County, Florida, described as:
Commence at the SE corner of Section 32, Township 33 South, Range 19 East, Manatee County, Florida; thence N 00°03'27” E, along the East line of said Section 32, a distance of 33.00 feet to the intersection with the monumented North right of way line of Golf Course Road for a Point of Beginning; thence continue N 00°03'27” E, along said East line of Section 32, a distance of 1303.22 feet to a 4X4 concrete monument marking the occupied NE corner of the SE 1/4 of the SE 1/4 of said Section 32; thence N 89°48'33” W, along the monumented North line of said SE 1/4 of the SE 1/4 of Section 32, a distance of 670.66 feet to a 4X4 concrete monument marking the occupied SW corner of the SE 1/4 of the NE 1/4 of the SE 1/4 of said Section 32; thence N 00°02'23” E, along the monumented West line of said SE 1/4 of the NE 1/4 of the SE 1/4 of Section 32, a distance of 648.07 feet to a 4X4 concrete monument marking the occupied NW corner of said SE 1/4 of the NE 1/4 of the SE 1/4 of Section 32; thence N 89°23'28” W, along the occupied North line of the South 1/2 of the North 1/2 of the SE 1/4 of said Section 32, a distance of 1435.70 feet; thence S 00°16'59” W, a distance of 333.70 feet; thence S 89°17'03” E, a distance of 101.88 feet; thence S 00°03'09” W, a distance of 283.52 feet to a 4X4 concrete monument; thence S 00°15'33” W, a distance of 676.19 feet; thence N 88°58'42” W, a distance of 628.33 feet to the intersection with the East right of way of Fort Hamer Road; thence S 00°16'56” W, along said East right of way line, a distance of 648.41 feet to the intersection with said monumented North right of way of Golf Course Road; thence S 89°11'56” E, along said monumented North right of way line, a distance of 2639.29 feet to the Point of Beginning. Lying and being in Section 32, Township 33 South, Range 19 East, Manatee County, Florida.

Together with:

A. all structures and improvements on the Real Property;

B. all right, title, and interest of 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 deposited in connection with the Real Property;

E. all of Mortgagor's interest as lessor in and to all leases or rental arrangements 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, 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, 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 located in, upon, over or under the Real Property, or any part thereof, and used or usable in connection with any operation or development of the Real Property, and owned 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 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 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 machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property described above (hereinafter referred to as the “Property”) and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever located in, upon or under the Property 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 carpet, draperies, furniture and furnishings; together with all building materials and equipment 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 additions and accessions thereto and replacements thereof, including after acquired property.

All of the water, sanitary and storm sewer systems owned by the Debtor which are 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, limber and other emblements in, upon or under the Property.

All paving for streets, roads, walkways or entrance ways owned by Debtor and which are 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 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 above.

All of the Debtor's right, title and interest in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies provided pursuant to the terms of the 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 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 in the property.

All of Debtor's interest in all utility security deposits or bonds with respect to the property described above or any part or parcel thereof.

Together with 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
at Public Sale, to the highest and best bidder for cash, at the www.manatee.realforeclose.com at 11:00 a.m. on the 12th day of September, 2012.
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.
Dated: August 21, 2012.
By: Anthony J. Abate
Florida Bar No. 289558
SHUMAKER, LOOP &
KENDRICK, LLP
240 South Pineapple Avenue
Post Office Box 49948
Sarasota, Florida 34230-6948
(941) 366-6660
(941) 366-3999 facsimile
Attorneys for Plaintiff
August 24, 31, 2012 12-2343M