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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 2011 CA 008406 NC
AMERICAN MOMENTUM BANK
Plaintiff, vs.
LOFT DEVELOPMENT, LLC; EDGE DEVELOPMENT, LLC; JOHN M. GEORGI; THOMAS DENSLOW; MARK E. SULTANA;
JAMES RAYBON; UNKNOWN SPOUSE OF JAMES RAYBON A/K/A JIMMY RAYBON;
KRISTIN GEORGI-RAYBON; TENANT #1, TENANT #2, TENANT #3, TENANT #4, TENANT #5, TENANT #6, TENANT #7,
TENANT #8, TENANT #9, TENANT #10, TENANT #11, TENANT #12, AS UNKNOWN PARTIES IN POSSESSION
Defendants.
NOTICE is hereby given pursuant to the Final Judgment entered in the above noted case that the Sarasota County Clerk of Court will sell the following property in Sarasota County, Florida, described as:
Commence at the Southeasterly corner of Lot 14, Block “D”, of Amended Plat of all that part of
the SW 1/4 of SE 1/4 of Section 18, Township 36 South, Range 18 East, known as SKINNER AND WALTON SUBDIVISION, recorded in Plat Book 1, Page 24, Public Records of Sarasota County, Florida; thence S 2°07' E along Westerly line of Osprey Avenue, 373.7 feet to Northerly right-of-way of Seaboard Coast Line Railroad; thence S 87°47' W along said railroad, 234.73 feet for a Point of Beginning; thence N 52°05'19” W along Southwesterly line of lands described in Official Records Book 760, Page 11, Public Records of Sarasota County, Florida, 285.78 feet more or less to Southerly line of aforesaid Block “D” of Amended Plat of all that part of the SW 1/4 of SE 1/4 of Section 18; thence S 65°30” W along said Southerly line of Block “D”, 32.7 feet more or less to Southeast corner of Lot 3 of said Block “D”, thence S 55°00' W along said Southerly line of said Block “D”, 149 feet more or less to the East line of Goodrich Avenue (Elsby Avenue); thence S 2°03' E along said Goodrich Avenue, 94.7 feet more or less to aforesaid Northerly right-of-way line of Seaboard Coast Line Railroad; thence N 87°47' E along said Railroad, 372.2 feet more or less to the Point of Beginning. Also: Commencing at the Southeast corner of Lot 3, Block “D” SKINNER AND WALTON SUBDIVISION, as per Plat Book 1, Page 24, Public Record of Sarasota County, Florida; go thence S 55°00'00” W along the
Southeast line of said Block “D” and the extension thereof 148.2 feet to the East right-of-way of
Goodrich Avenue, (50 feet wide); thence S 02°56'20” E, along said right-of-way, 87.3 feet for the Point of Beginning; thence continue S 02°56'20” E along said right-of-way line 60 feet to the South line of Section 18, Township 36 South, Range 18 East; thence N 86°59'50” E along said South line 441.41 feet thence N 53°03'32” 93.45 feet thence S 86°59'50” W 369.7 feet to the Point of Beginning. Being and lying in Section 18, Township 36 South, Range 18 East Sarasota County, Florida. Less the Southerly 25 feet thereof.
(Parcel 1 is hereinafter referred to as “Land”)
TOGETHER WITH:
(a) Improvements, Fixtures, Personal Property. All building, structures, and improvements situated on the Land, and all fixtures or appurtenances erected on the Land, and all machinery,
equipment and personal property (including any construction and building materials) of every
nature whatsoever including all furniture, furnishings, goods, equipment, and inventory, together with any proceeds thereof and any replacements thereof, which are now or may be located in the future on the Land, together with all and singular the tenements, hereditaments, easements and appurtenances thereunder belonging or in any way appertaining, and the rents, issues and profits thereof, and also all the estate, right title, interest and all claims and demands whatsoever, in law
and in equity, of the mortgagor in and to the same, and every part and parcel thereof, and also all gas and electric fixtures, cabinets, ovens, hoods, vent fans, radiators, heaters, air conditioning equipment, machinery boilers, ranges, elevators and motors, bath tubs, sinks, water closets, water basins, pipes, faucets, washing machines, dryers, stoves, disposals, refrigerators, dishwashers, carpeting, drapes, all electrical conduit, light fixtures, plumbing lines and fixtures, mantels, window screens, screen doors, Venetian blinds, storm shutters and awnings, pool equipment and other recreational equipment, all furniture, furnishings and equipment necessary to the operation of the Land, owned by mortgagor located in, on or under, or used or intended to be used in connection with the operation of the Land, buildings, structures or other improvements, including all extensions, additions, improvements, betterments, renewals and replacements to any of the foregoing.
(b) Easements. All easements, rights of way, streets, ways, alleys, passages, sewer rights, waters, water courses, water privileges, liberties, tenements, hereditaments and appurtenances whatsoever, now or in the future in any way belonging, relating or appertaining to any of the Land, and the reversions, remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of the mortgagor of, in and to the same.
(c) Eminent Domain. All judgments, awards, damages, and settlements rendered or paid, resulting from condemnation proceedings concerning the Land or the taking of the Land or any part of the Land under the power of eminent domain.
(d) Insurance Proceeds. All mortgagor's right, title and interest in all unearned premiums
accrued, accruing, or to accrue under any and all insurance policies provided now or in the future pursuant to the terms of the mortgage and al proceeds or sums payable for the loss of or damage to (1) the Land, or (2) rents, revenues, income, profits, or proceeds from leases, concessions, or licenses, of or on any part of the Land.
(e) Licenses, Permits, Etc. All mortgagor's interest in any licenses, permits, deposits, tap fees, utility agreements, or similar items, which in any way, releate to or are useful in connection with the operation of the Land or the improvements thereon.
(f) Contracts, Rents and Profits. All rents, issues, profits, proceeds, contract rights and proceeds and revenues derived from room rentals, or from the operation of any business or service located on the Loan
At public sale, to the highest and best bidder for cash, via the internet at www.sarasota.realforeclose.com, at 9:00 a.m. on the 2nd day of January, 2013. The highest bidder shall immediately post with said clerk, a deposit equal to 5% of the final bid. The deposit must be cash or cashier's check payable to the Clerk of the Circuit Court. Final payment must be made on or before 4:00 p.m. of the date of sale by cash or cashier's check.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
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: November 28, 2012
By: Michael T. Hankin, Esquire
Primary Email:
[email protected]
Secondary Email:
[email protected]
Hankin, Persson, McClenathen,
Cohen & Darnell
1820 Ringling Boulevard
Sarasota, Florida 34236
Telephone: (941) 957-0080
Facsimile: (941) 957-0558
Florida Bar No. 0696961
December 7, 14, 2012 12-4666S