12-3327S

FIRST INSERTION
NOTICE OF SALE PURSUANT TO FLORIDA STATUES CHAPTER 45
IN THE CIRCUIT COURT FOR THE 12TH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2011 CA 010424 NC
REGIONS BANK, an Alabama banking corporation, successor by merger to AmSouth Bank,
Plaintiff, v.
R&D OF CASEY KEY, LLC, a Florida limited liability company
Defendants.
NOTICE IS HEREBY PROVIDED that, in accordance with the Final Judgment of Foreclosure entered on August 22, 2012, in the above-styled cause, the Clerk of Court will sell to the highest and best bidder for cash at www.sarasota.realforeclose.com , the Clerk's website for on-line auctions, at 9:00 a.m., on September 25, 2012, the property below:
A parcel of land lying in Section 15, Township 38 South, Range 18 East, Sarasota County, Florida, more particularly described as follows:

Commence at the Northeast corner of Section 15, Township 38 South, Range 18 East, Sarasota County, Florida; thence N 89°50'40” W along the North line of said section, 2708.23 feet; thence S 00°09'20” W, 833.84 feet to the North right of way of Blackburn Road (66 feet wide); thence N 88°16'40” W along said right of way, 364.63 feet for a point of beginning; thence N 02°02'10” E, 65.65 feet; thence N 88°16'40” W, 91.0 feet; thence N 00°09'20” E, 418.94 feet; thence S 89°07'04” W, 156.12 feet; thence Southwesterly along the waters of Little Sarasota Bay and the extension thereof, the following courses and distances: S 17°14'31” W, 76.53 feet; S 35°30'00” W, 135.00 feet, S 45°00'00” W, 110.00 feet; S 26°00'00” W, 72.00 feet; S 16°00'00” W, 115.00 feet; S 39°00'00” W, 43.00 feet to the North right of way of said Blackburn Point Road; thence S 88°16'40” E along said right of way, 431.11 feet to the Point of Beginning.

- AND -

All of the following property in which Debtor may now have or hereafter acquire any interest:

[Definitions: As used herein, “Property” means the real property described above. The term “Improvements” means any and all buildings and other Improvements now or hereafter located on the Property or any part thereof. The term “Premises” means the Property and the Improvements. The term “Personal Property” means all tangible personal property described herein below.]

1. The Improvements.

2. Any and all fixtures now or hereafter located on the Property or affixed to the Improvements (the “Fixtures”).

3. All building materials, equipment, fixtures and fittings of every kind or character now owned or hereafter acquired by the Debtor for the purpose of being used or useful in the construction of the Improvements located or to be located on the Property including without limitation all lumber and lumber products, bricks, building stones and building blocks, sand and cement, roofing material, paint, doors, windows, hardware, nails, wires and wiring, plumbing and plumbing fixtures, sewer lines and pumping stations and fixtures and equipment, heating and air-conditioning equipment and appliances, electrical and gas equipment an appliances, pipes and piping, ornamental and decorative fixtures, furniture, appliances and furnishings.

4. All fixtures, appliances, machinery, furniture, furnishings, apparatus equipment and other articles of personal property of any nature whatsoever owned by Debtor now or at any time hereafter and now or hereafter installed in, attached to or situated in or upon the Property or the Improvements, or used or intended to be used in connection with the Property or in the operation, occupancy, use, maintenance or enjoyment of any of the Improvements now or hereafter erected thereon or relating or appertaining thereto, whether or not such personal property is or shall be affixed thereto, including without limitation all furniture furnishings, apparatus, machinery, motors, elevators, fittings, radiators, ranges, ovens, boxes, refrigerators, awnings, shades, screens, blinds, office equipment, carpeting and other furnishings, and all plumbing, heating, lighting, cooking, laundry ventilating, refrigerating, incinerating, air-conditioning and sprinkler equipment and fixtures and appurtenances thereto; together with Debtor's entire right, title and interest as lessee under any and all leases and use agreements for the leasing or use of any of the foregoing, whether new existing or hereafter entered into; and all proceeds and products thereof (including without limitation condemnation awards and insurance proceeds), all extensions, betterments and accessions thereto, all renewals and replacements thereof and all articles in substitution therefor, whether or not the same are or shall be attached to the Property or Improvements in any manner.

5. All sewer rights, water rights and powers, development rights, air rights, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way belonging, relating to or appertaining to the Property, or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Debtor (including without limitation all condemnation awards, insurance proceeds, payments under leases and tenancies, sale proceeds, purchase or earnest money deposits, tenant security deposits, escrow funds, and all proceeds, claims, causes of action and recoveries arising on account of any damage to or taking of, or for any loss or diminution in the value of the Property or any Improvements, or any part thereof or interest therein).

6. All rents, royalties, issues, profits, revenues, income, accounts, accounts receivable, contract rights, chattel paper, instruments, documents, general intangibles, choses in action, causes of action and other intangible personal property of the Debtor of every kind and nature whatsoever whether now existing or hereafter acquired, which pertain to, arise from or in connection with, or are related to the Property, the Improvements, the Fixtures, the Personal Property or the operation or use thereof or the leasing or sale of any portion thereof or interest therein, whether now existing or hereafter arising or acquired, including without limitation (a) all insurance policies and all proceeds and choses in action arising under any insurance policies, including any rights to any refunds for premiums, (b) accounts and other rights now existing or hereafter arising under any leases, licenses or under any service contracts, (c) any trademarks, logos, service marks, telephone numbers, designs, patents, patent applications, good will, copyrights, registrations, licenses, franchises, tax refund claims and any security now or hereafter held by or granted to the Debtor to secure payment of any of the accounts, (d) any permits from, permit applications to, or franchises from any governmental authority or private party, (e) any and all contracts, whether now existing or hereafter arising, for the sale of all or any part of the Property and/or
Improvements or any interest therein, including without limitation all preconstruction contracts for the sale of condominium units to be constructed upon the Property and (0 any escrow accounts and funds, trust accounts and funds and earnest money deposits, and all rights of Debtor to the receipt thereof, arising out of or with respect to any agreement for the sale of the Property and/or Improvements or any portion thereof or interest therein, including without limitation the sale of any and all condominium units now existing or hereafter created upon the Property.

7. All purchase agreements, escrow agreements, earnest money and earnest money deposits and accounts, relating to the sale or proposed sale of any portion of the Property or Improvements constructed or to be constructed upon the Property, whether now existing or hereafter arising; and (b) Debtor's right to receive the earnest money and other funds paid or deposited by the purchasers under the aforementioned purchase agreements, whether now existing or hereafter arising.

8. All construction contracts and agreements, now or hereafter existing, relating in any way to the construction of the Improvements.
9. All site plans and surveys of all or any part of the Premises now existing or hereafter made.

10. All architects' and engineers' contracts, drawings, plans, specifications, working drawings, site plans, management agreements, surveys, bonds and sureties, and all amendments, revisions and modifications thereto, now or hereafter existing, relating in any way to the design or construction of the Improvements. All building permits, licenses, approvals, development orders, development of regional impact orders, conditional use permits, franchises, certificates of occupancy, water and sewer taps, utilities agreements and all other governmental permits, consents, approvals and agreements pertaining or applicable to, or relating in any way to, the present or future development, occupancy, operation or use of the Premises, whether now existing or hereafter arising.

12. Any and all business or trade names now or hereafter used or adopted in connection with the Premises.

13. All unexpired warranties and guaranties covering the Premises, Fixtures and/or Personal Property, whether now existing or hereafter arising.

14. All maintenance and service contracts relating to the Premises, whether now existing or hereafter arising.

15. All equipment leases and other leases entered into with respect to the Premises, whether now existing or hereafter arising.

16. 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 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.

17. All proceeds, products and replacements of and accessions to any of the foregoing
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: August 27, 2012.
By: Morgan Swing
Charles M. Rosenberg
Florida Bar No. 279064
Morgan L. Swing
Florida Bar No. 17092
CARLTON FIELDS, P.A.
Attorneys for Plaintiff
Miami Tower
100 Southeast Second Street, Suite 4200
Miami, Florida 33131
Phone: (305) 530-0050
Aug. 31; Sept. 7, 2012 12-3327S