12-4707S

FIRST INSERTION
NOTICE OF SALE
PURSUANT TO FLORIDA
STATUTES, CHAPTER 45
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO. 12-ca-6020-NC
BMO HARRIS BANK NATIONAL ASSOCIATION,
Plaintiff, v.
PAUL C. ESPER, Individually, TERESA A. ESPER, Individually, LASER RITE TECHNOLOGIES, INC., a Florida corporation, LASERRITE DIGITAL BUSINESS SYSTEMS, LLC, an inactive Nevada limited liability company, NORTHGATE CENTER ASSOCIATION, INC., a Florida not-for-profit corporation, and TRAMLAW, LLC, a Florida limited liability company,
Defendants.
NOTICE IS GIVEN that pursuant to a Final Judgment of Foreclosure as to Count IV dated September 20, 2012, and the Court's Order Granting Plaintiff's Motion to Cancel and Reschedule Foreclosure Sale dated November 30, 2012 in the above-styled cause, and published in the Gulf Coast Business Review, the Clerk of Court will sell to the highest and best bidder for cash at www.sarasota.realforeclosecom, at 9:00 a.m. on the 21st day of December, 2012, the following described property:
SEE LEGAL DESCRIPTION OF REAL PROPERTY ATTACHED HERETO AS EXHIBIT “A”

SEE LEGAL DESCRIPTION OF PERSONAL PROPERTY
ATTACHED HERETO AS
EXHIBIT “B”

EXHIBIT “A”
Lots 3 and 4, Northgate Center Subdivision, Unit No. 3, according to the plat thereof recorded in Plat Book 29, Pages 38, 38A and 38B, of the Public Records of Sarasota County, Florida, LESS the North 15 feet of Lot 3 and the East 15 feet of Lots 3 and 4.

EXHIBIT “B”
All buildings, structures, and other improvements now or hereafter located on, above or below the surface of the land described on the continuation page of this Exhibit A (Herein the Premises), or any part or parcel thereof; and
All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the Premises or under or above the same or any part or parcel thereof; and

All and singular the tenements, hereditaments, easements, and appurtenances thereunto belonging or in any wise appertaining to the Premises, whether now owned or hereafter acquired by Debtor, and including ail rights of ingress and egress to and from adjoining property (whether such rights now exist or subsequently arise) together with any reversion or reversions, remainder or remainders rents, issues and profits thereof; and

All permits and licenses relating to the Premises. All rights and interests in fictitious names and trade names.

All machinery, apparatus, equipment, fittings, fixtures, affixed or or constructively attached to the Premises and including all trade, domestic and ornament fixtures, and articles of personal property of every kind and nature whatsoever, now or hereafter located in, upon or under the Premises or any part thereof and used or usable in connection with any present or future operation of the Premises and now owned or hereafter acquired by Debtor, including, but without 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, 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 land, and any deposits for taxes and assessments, or any other sums to be paid by Debtor hereunder, or under any Loan Agreement or any other instrument securing any and all Notes given by Debtor to Lender.

All of Debtor's interest as lessor in and to any and all leases of the Premises. or any part thereof, heretofore made and entered into, and in and to all leases hereafter made and entered into by Debtor during the life of the Loan or any extension or renewal hereof, together with any and all guarantees thereof and including all present and future security deposits and advance rentals reserving to Debtor its equity of redemption rights herein provided and hereby intending that in case of foreclosure sale, the lessor's interest in any such leases then in force shalt. upon expiration of Debtor's right of redemption, pass to the purchaser at such sale as a part of the Premises; subject to election by the purchaser to terminate or enforce any of such leases hereafter made; and

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 alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of, the Premises to the extent of all amounts which may be secured by the Loan at the date of receipt of any such award or payment by Lender and of the reasonable attorney's fees, costs and disbursements incurred by Lender in connection with the collection of such award or payment; and

All of the right, title and interest of Debtor in and to all uneamed premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of the Loan, and all proceeds or sums payable for the loss of or damage to (a) any property encumbered hereby. or (b) rents. revenues, income, profits, or proceeds from franchises, concessions or licenses of or on any part of the Premises.

All inventory, raw materials, work in process and supplies now owned or hereafter acquired.

All accounts receivable now outstanding or hereafter arising.

All contract rights now in force or hereafter acquired.

All general intangibles and products derived from the foregoing.

A. All buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Real Estate Security, and all fixtures, machinery, appliances, equipment, furniture, and personal property of every nature whatsoever now or hereafter owned by any Debtor and located in or on, or attached to, or used or intended to be used in connection with or with the operation of, the Real Estate Security or the Improvements thereto, or in connection with any construction being conducted or which may be conducted thereon, and owned by any Debtor, including all extensions, additions, improvements, betterments, renewals, substitutions, and replacements to any of the foregoing and all of the right, title and interest of any Debtor in and to any such personal property or fixtures together with the benefit of any deposits or payments nor or hereafter made on such personal property or fixtures by any Debtor or on its behalf;

B. All easements, rights-of—way, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to the Real Estate Security, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now or hereafter acquired by any Debtor, and the reversion and reversions, remainder and 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 any Debtor of, in and to the same;

C. All rents, royalties, issues, profits, revenue, income and other benefits from the Real Estate Security;

D. All right, title and interest of any Debtor in and to any and all leases now or hereafter on or affecting the Real Estate Security whether written or oral and all agreements for use of the Real Estate Security, together with all security therefore and all monies payable thereunder;

E. All fixtures and articles of property now or hereafter owned by any Debtor and forming a part of or used in connection with the Real Estate Security or the operation thereof, including, but without limitation, any and all air conditioners, antennae, appliances, apparatus, awnings, basins, bathtubs, boilers, bookcases, cabinets, carpets, coolers, curtains, dehumidifiers, disposals, doors, drapes, dryers, ducts, dynamos, elevators, engines, equipment, escalators, fans, fittings, floor coverings, furnaces, furnishings, furniture, hardware, heaters, humidifiers, incinerators, lighting, machinery, motors, ovens, pipes, plumbing, pumps, radiators, ranges, recreational facilities, refrigerators, screens, security systems, shades, shelving, sinks, sprinklers, stokers, stoves, toilets, ventilators, wall coverings, washers, windows, window coverings, wiring, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same are or shall be attached to the Real Estate Security in any manner; it being mutually agreed that all of the aforesaid property owned by any Debtor and placed on the Real Estate Security shall, so far as permitted by law, be deemed to be fixtures, a part of the security for the Indebtedness;

F. Any and all accounts, accounts receivable, receivables, contract rights, book debts, checks, notes, drafts, instruments, chattel paper, acceptances, choses in action, any and all amounts due to any Debtor from a factor or other forms of obligations and receivables now existing or hereafter arising out of the operation of the Real Estate Security of any Debtor, as well as any and all returned, refused and repossessed goods, the cash or non~cash proceeds resulting therefrom;

G. All patents, trademarks, service marks, trade secrets, copyrights and exclusive licenses (whether issued or pending), and all documents, applications, materials and other mattes related thereto, all inventions, all manufacturing, engineering and production plans, drawings, specifications, processes and systems, all trade names, computer programs, data bases, systems and software (including source and object codes), goodwill, choses in action, and all other general intangibles of any Debtor, whether now owned or hereafter acquired, and all cash and non-cash proceeds thereof, and all chattel paper, documents and instruments relating to such intangibles all as related to or appertaining to, the Real Estate Security or the Improvements;

H. All of any Debtor's right, title interest and privileges arising under all contracts, permits and licenses entered into or obtained in connection with the development of the Improvements or operation of the Real Estate Security and/or any Debtor's business as now or hereafter conducted, 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, the Plans and Specifications, and plats, and all contracts and agreements for the furnishing of utilities;

I. Any all licenses, permits, approvals, allocations, contract rights, trade and fictitious names and similar matters and documents obtained or to be obtained in the future which are necessary or appropriate for the operation and management of the Real Estate Security; and

J. All proceeds of the foregoing, including without limitation all judgments, awards of damages and settlements hereafter made resulting from condemnation proceeds or the taking of the Real Estate Security or any portion thereof under the power of eminent domain; any proceeds of any and all policies of insurance maintained with respect to the Real Estate Security or the Improvements, or proceeds of any sale, option or contract to sell the Real Estate Security or any portion 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 3rd day of December, 2012.
John R. Dunham, III
Florida Bar No. 347541
LUTZ, BOBO, TELFAIR,
DUNHAM & GABEL
Two North Tamiami Trail,
Suite 500
Sarasota, Florida 34236
(941) 951-1800
(941) 366-1603 Fax
December 7, 14, 2012 12-4707S