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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT,
twelfth JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO.: 2012-001969 NC
IBERIABANK, a Louisiana state bank,
Plaintiff, vs. UNKNOWN HEIRS, descendents, assigns, devisees, grantees, lienors, creditors, trustees and all other parties claiming by, through, under or against RICHARD LANCELLOTTI a/k/a RICHARD F. LANCELLOTTI, deceased, and all claimants, persons or parties, natural or corporate, or whose exact legal status is unknown, claiming to have any right, title, or interest in and to the real property which is the subject of this action, SCOOTER CITY OF SARASOTA, LLC, a Florida limited liability company, PETER LANCELLOTTI, an individual,
Defendants.
Notice is hereby given that, pursuant to a final judgment of foreclosure in the above-captioned action, The Clerk of Court will sell the property situated in Sarasota County, Florida, described as follows:
See Exhibit “A” attached hereto.
EXHIBIT “A”
LOT 1 LESS THE EASTERLY 20 FEET THEREOF, CASTI-LYN, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 89 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA. TOGETHER WITH INGRESS AND EGRESS EASEMENT DESCRIBED AS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 7, CASTI-LYN, SUBDIVISION RECORDED IN PLAT BOOK 7, PAGE 89 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA THENCE RUN S 51° 00' 20” W ALONG THE NORTHERLY LOT LINE OF SAID LOT 7, A DISTANCE OF 121.92 FEET; THENCE RUN S 05° 25' 29” W A DISTANCE OF 35.17 FEET TO A POINT ON THE 50 FOOT RADIUS OF THE RIGHT OF WAY FOR CASTI COURT, THENCE NORTHEASTERLY ALONG SAID RADIUS HAVING AN ARC LENGTH OF 19.60 FEET, A CHORD DISTANCE OF 19.47 FEET AND A CHORD BEARING OF N 66° 13' 42” E TO A POINT; THENCE N 05° 25' 29” E A DISTANCE OF 18.53 FEET TO A POINT THENCE N 51° 00' 20” E A DISTANCE OF 114.77 FEET TO THE EASTERLY LOT LINE OF SAID LOT 7 THENCE N 38° 58' 45” W ALONG SAID LOT LINE A DISTANCE OF 17 FEET TO THE POINT OF BEGINNING.
COLLATERAL DESCRIPTION
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property described in Exhibit “B” (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 now or hereafter located in, upon or under the Property now owned or hereafter acquired 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 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, including after acquired property.
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 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 in Exhibit “B” or in this exhibit.
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 of some payable for the loss of or damage to (a) the Property described in Exhibit “B” or 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, of businesses or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Exhibit “B” property.
All of Debtor's interest in all utility security deposits or bonds with respect to the Exhibit “B” property or any part or parcel thereof.
EXHIBIT “B”
LOT 1 LESS THE EASTERLY 20 FEET THEREOF, CASTI-LYN, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 89 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA. TOGETHER WITH INGRESS AND EGRESS EASEMENT DESCRIBED AS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 7, CASTI-LYN, SUBDIVISION RECORDED IN PLAT BOOK 7, PAGE 89 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA THENCE RUN S 51° 00' 20” W ALONG THE NORTHERLY LOT LINE OF SAID LOT 7, A DISTANCE OF 121.92 FEET; THENCE RUN S 05° 25' 29” W A DISTANCE OF 35.17 FEET TO A POINT ON THE 50 FOOT RADIUS OF THE RIGHT OF WAY FOR CASTI COURT, THENCE NORTHEASTERLY ALONG SAID RADIUS HAVING AN ARC LENGTH OF 19.60 FEET, A CHORD DISTANCE OF 19.47 FEET AND A CHORD BEARING OF N 66° 13' 42” E TO A POINT; THENCE N 05° 25' 29” E A DISTANCE OF 18.53 FEET TO A POINT THENCE N 51° 00' 20” E A DISTANCE OF 114.77 FEET TO THE EASTERLY LOT LINE OF SAID LOT 7 THENCE N 38° 58' 45” W ALONG SAID LOT LINE A DISTANCE OF 17 FEET TO THE POINT OF BEGINNING.
at public sale, in the presence of the Plaintiff, to the highest and best bidder for cash, at www.sarasota.realforeclose.com, on the 26th day of September, 2012, at 9:00 a.m., pursuant to the terms of the Final Judgment of Foreclosure and in accordance with Section 45.031, Florida Statutes. 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 24th day of August, 2012.
ROGERS TOWERS, P.A.
By: MARK S. MITCHELL
Florida Bar No. 018039
1301 Riverplace Blvd, Ste. 1500
Jacksonville, Florida 32207
Telephone: (904) 398-3911 Facsimile: (904) 396-0663 ATTORNEYS FOR IBERIABANK
JAX1668912_1
Aug. 31; Sept. 7, 2012 12-3318S