12-3084S

FIRST INSERTION
AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTh JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO. 2012-CA-005023-NC
BRANCH BANKING AND TRUST
COMPANY, a North Carolina
banking corporation, as
successor-in-interest to Colonial Bank by asset acquisition from
the FDIC as Receiver for Colonial Bank,
Plaintiff, v.
HILLVIEW PARK, INC.,
a Florida corporation, FRED
HOWARD, individually, and
HILLVIEW PARK MEDICAL COMPLEX CONDOMINIUM
ASSOCIATION, INC., a Florida corporation,
Defendants.
Notice is hereby given that pursuant to the Final Judgment of Foreclosure in the case of Branch Banking and Trust Company, Plaintiff, v. Hillview Park, Inc., et al. Defendants, Case No.: 2012-CA-005023, the undersigned Clerk of the Circuit Court of Sarasota County, Florida will on September 12, 2012, at 9:00 a.m., at the www.sarasota.realforeclose.com website, offer for sale and sell at public outcry to the highest bidder for cash, the property situated in Sarasota County, Florida described as follows:
Units 2A-1 through 6, 2B-1 through 47, 2C-1 through 49, 2D-1 through 50, 2E-1 through 50, 2F-1 through 51, 2G-1 through 51, 2H-1 through 51, 2I-1 through 51, 2J-1 through 51, 2K-1 through 51, 2L-1 through 51, 2M-1 through 51, 2N-5 through 51, 2O-5 through 38, 2P-5 through 38, 2R-57 through 66, 2S-5 through 38, 2S-51 through 66, 2T-5 through 38, 2T-50 through 66, 2U-7 through 38, 2U-50 through 66, 2V-1 through 38, 2V-50 through 66, 2W-1 through 38, 2W-50 through 66, 2X-1 through 38, 2X-50 through 66, 2Y-1 through 38, 2Y-50 through 66, 2Z-1 through 38, 2Z-50 through 66, 2AA-1 through 66, 2BB-1 through 66, 2CC-1 through 66, 2DD-1 through 65, 2EE-1 through 65, 2FF-1 through 64, 2GG-1 through 62, 2HH-1 through 6, and 2II-2 through 6, Second Floor, and Units 3T-50 through 67, 3U-50 through 67, 3V-50 through 67, 3W-50 through 67, 3X-50 through 67, 3Y-50 through 67, 3Z-50 through 67, 3AA-39 through 67, 3BB-39 through 67, 3CC-39 through 67, 3DD-39 through 67, 3EE-39 through 67, 3FF-39 through 67, 3GG-39 through 67, 3HH-39 through 67 and 3II-39 through 66, Third Floor, HILLVIEW PARK MEDICAL COMPLEX, a Condominium according to the Declaration of Condominium recorded in Official Records Book 2138, Page 1981, and all amendments thereto, and as per plat thereof recorded in Condominium Book 28, Page 10, and all amendments thereto, of the Public Records of Sarasota County, Florida.

AND

Unit 1A-1, First Floor and Unit 1T-9, First Floor, HILLVIEW PARK MEDICAL COMPLEX, a Condominium according to the Declaration of Condominium recorded in Official Records Book 2138, Page 1981, and all amendments thereto, and as per plat thereof recorded in Condominium Book 28, Page 10, and all amendments thereto, of the Public Records of Sarasota County, Florida.

AND

Units 3S-5 through 38, 3T-5 through 38, 3U-7 through 38, 3V-l through 38, 3W-1 through 38, 3X-1 through 38, 3Y-1 through 38, 3Z-1 through 38, 3AA-1 through 38, 3BB-1 through 38, 3CC-1 through 38, 3DD-1 through 38, 3EE-1 through 38, 3FF-1 through 38, 3GG-1 through 38, 3HH-1 through 38, and 3II-2 through 38, Third Floor, HILLVIEW PARK MEDICAL COMPLEX, a Condominium according to the Declaration of Condominium recorded in Official Records Book 2138, Page 1981, and all amendments thereto, and as per plat thereof recorded in Condominium Book 28, Page 10, and all amendments thereto, of the Public Records of Sarasota County, Florida.

AND

Units 3A-21 through 67, 3B-21 through 67, 3C-21 through 67, 3D-21 through 67, 3E-21 through 67, 3F-21 through 67, 3G-21 through 67, 3H-21 through 67, 3I-21 through 67, 3J-21 through 67, 3K-21 through 67, 3L-21 through 67, 3M-21 through 67, 3N-21 through 67, 3O-21 through 38, 3O-51 through 67, 3P-21 through 38, 3P-51 through 65, Third Floor, HILLVIEW PARK MEDICAL COMPLEX, a Condominium according to the Declaration of Condominium recorded in Official Records Book 2138, Page 1981, and all amendments thereto, and as per plat thereof recorded in Condominium Book 28, Page 10, and all amendments thereto, of the Public Records of Sarasota County, Florida.

AND

Units 3A-1 through 20, 3B-1 through 20, 3C-1 through 20, 3D-1 through 20, 3E-1 through 20, 3F-1 through 20, 3G-1 through 20, 3H-1 through 20, 3I-1 through 20, 3J-1 through 20, 3K-1 through 20, 3L-1 through 20, 3M-1 through 20, 3N-5 through 20, 3O-5 through 20, and 3P-5 through 20, Third Floor, HILLVIEW PARK MEDICAL COMPLEX, a Condominium according to the Declaration of Condominium recorded in Official Records Book 2138, Page 1981, and all amendments thereto, and as per plat thereof recorded in Condominium Book 28, Page 10, and all amendments thereto, of the Public Records of Sarasota County, Florida.

Together with the following personal property:

All rights, title, and interest of Hillview Park, Inc. (“Debtor”) in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other material now or hereafter on the property described herein (herein referred to as “property”) or under or above the same or any part or parcel thereof.

All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property 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 or any part thereof and used or usable in connection with any present or future operation of the property and now owned or hereafter acquired by Debtor, including, but not limiting the generality of the foregoing, 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, wallboard 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; 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 by, over, and upon the property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer liners, including mains, laterals, manholes and appurtenances.

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 or any part of parcel thereof.

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 guarantees of such leases or deposits and advance rentals.

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 alternation 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 the right, title and interest of the Debtor 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 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.

All of the right, title and interest of the Debtor 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.
All of Debtor's interest in all utility security deposits or bonds on the property or any part or parcel thereof.
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.
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 9th day of August, 2012.
/s/ Mychal J. Katz
W. Glenn Jensen, Esquire
Florida Bar No. 0126070
[email protected]
[email protected]
Mychal J. Katz, Esquire
Florida Bar No. 0037588
[email protected]
[email protected]
Roetzel & Andress, LPA
420 South Orange Avenue
CNL Center II, 7th Floor
Orlando, Florida 32801
Telephone: 407.896.2224
Facsimile: 407.835.3596
Counsel for Plaintiff
August 17, 24, 2012 12-3084S