12-0128M

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE
TWELFTH JUDICIAL CIRCUIT, IN AND
FOR MANATEE COUNTY, FLORIDA
CASE NO. 2011 CA 005215
IBERIABANK, Assignee to Federal Deposit Insurance Corporation, Receiver for Orion Bank, as Assignor,
Plaintiff, -vs.-
PMG CONCESSION LLC, a Florida limited liability company; and THE CONCESSION COMMUNITY ASSOCIATION, INC., a Florida non-profit corporation,
Defendant(s).
NOTICE IS HEREBY GIVEN pursuant to an Amended Uniform Final Judgment of Mortgage Foreclosure dated January 6, 2012, entered in Civil Case No. 2011 CA 005215 of the Circuit Court of the Twelfth Judicial Circuit in and for Manatee County, Florida wherein IBERIABANK, Assignee to Federal Deposit Insurance Corporation, Receiver for Orion Bank, is the Plaintiff and PMG CONCESSION LLC, a Florida limited liability company; and THE CONCESSION COMMUNITY ASSOCIATION, INC., a Florida non-profit corporation, and all parties claiming interest by, through, under or against any defendant named herein, are the Defendants.
The Manatee County Clerk of Court will sell to the highest bidder for cash, via internet auction sale at www.manatee.realforeclose.com, at 11:00 a.m., on February 14, 2012, the following described property, as set forth in said Amended Uniform Final Judgment of Mortgage Foreclosure, to wit:
SEE ATTACHED EXHIBITS “A” and “B”

EXHIBIT A

Lot 23, BLOCK B, CONCESSION, PHASE I, according to the plat thereof recorded in Plat Book 44, Page 31, of the Public Records of Manatee County, Florida.

Parcel 2:

Lots 29 and 30, BLOCK A, CONCESSION, PHASE II, according to the plat thereof recorded in Plat Book 46, Page 113, of the Public Records of Manatee County, Florida
EXHIBIT B

PERSONAL PROPERTY
PMG CONCESSION LLC's (“Debtor”) right, title and interest in the following described property pursuant to the Mortgage (as that term is defined in the Complaint herein) encumbering those certain parcels of real property described in Exhibit “A” attached hereto:

together with all and singular the tenements, hereditaments, appurtenances, riparian and littoral rights, privileges, rights, interests, dower, reversions, remainders and easements thereto appertaining, all of which, together with all of the following, will hereinafter be referred to as the “Mortgaged Property,” whether now owned or hereafter acquired or existing:

all structures and improvements now or hereafter on the real property described in Exhibit “A” attached hereto (“Real Property”);

all right, title, and interest of Debtor to the minerals, soil, flowers, shrubs, crops, trees, timber, emblements and other products now or hereafter on, under or above the Real Property, or any part or parcel thereof;

all royalties, rent, damages, and revenues of every kind, nature, and description whatsoever that Debtor may be entitled to receive from any person or entity owning or having or hereafter acquiring a right to the oil, gas, or mineral rights and reservations with respect to all or any part of the Real Property;

all of Debtor's right, title, interest, and privileges arising under all contracts, agreements, licenses, approvals, and permits entered into or obtained in connection with the development or operation of the Real Property, including by way of example and not in limitation: all development and construction permits, approvals, resolutions, variances, licenses, allocations, impact fee credits, 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, plans, specifications and plats; and all contracts and agreements for the furnishing of utilities; and all business licenses, liquor licenses, operating licenses, and similar licenses, permits authorizations, and certificates;

all of Debtor's interest in all utility security deposits or bonds now or hereafter deposited in connection with the Real Property;

all of Debtor's interest as lessor in and to all teases or rental arrangements now or hereafter affecting all or any part of the Real Property, all other rents and profits derived from the Real Property, and all income or proceeds from the development of or economic activity upon any part of the Real Property, together with any and all guaranties of such leases or rental arrangements, including all present and future security deposits and advance rentals, and any and all assignments of rent with respect to the Real Property or any part thereof;

all of Debtor's interest in and to any and all contracts and agreements for the sale of the Real Property, or any part thereof or any interest therein, whether now existing or arising hereafter, including but not limited to all of Debtor's interest in and right to earnest money deposits made upon such contracts and agreements;

all land improvements to and upon the Real Property, including water, sanitary, and storm sewer systems, and all related equipment and appurtenances thereto, whether now existing or hereafter located in, upon, over or under the Real 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 machinery, apparatus, equipment, fittings, and fixtures, whether actually or constructively attached to the Real Property, and all trade, domestic, and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon, over or under the Real Property, or any part thereof, and used or usable in connection with any present or future operation or development of the Real Property, and now owned or hereafter acquired by Debtor, including by way of example and not in limitation: heating, air conditioning, freezing, lighting, laundry, incinerating, and power equipment; engines, pipes, wells, water filtering systems and softening devices, water heaters, pumps, tanks, and motors; conduits; switchboards; fire prevention, fire extinguishing, refrigerating, ventilating and communications systems and apparatus; security and fire alarm systems and apparatus; boilers, furnaces, oil burners or units thereof; vacuum cleaning systems; all swimming pools and appurtenances thereto; all electrical and plumbing systems, fixtures, equipment and installations; all furniture, furnishings, draperies, wall beds, attached cabinets, partitions, ducts and compressors, wall and floor coverings, blinds, elevators, escalators, and appliances, including but not limited to stoves, refrigerators, freezers, ovens, dishwashers, washers and dryers, trash compactors, and ice machines; television antennas and cables, storm and screen windows and doors, fans, awnings, and lighting fixtures; all building materials and equipment now or hereafter delivered to the Real Property or stored at an off-site location which are intended to be installed on the Real Property;

all right, title and interest of Debtor in and to all unearned premiums accrued, accruing, or to accrue under any and all insurance policies now or hereafter existing which covers all or any portion of the Real Property; all proceeds or sums payable for the loss of or damage to all or any portion of the Real Property; all payments received under warranties applicable to all or any portion of the Real Property; and any other amounts received in satisfaction of claims for defects in such property.

all trade names, trademarks, patents, copyrights, and fictitious names and all pending applications for trade names, trademarks, patents, copyrights, or fictitious names used by Debtor in connection with the Real Property or any business operation or endeavor located thereon;

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 Real Property;

all substitutions for, accessions to, changes of, additions to, and replacements of all or any part of the Mortgaged Property; and

all proceeds of any of the Mortgaged Property, which proceeds shall include whatever is receivable or received when all or any part of the Mortgaged Property is sold, collected, exchanged, or otherwise disposed of, whether such disposition is voluntary or involuntary, and includes, without limitation, all goods, accounts, chattel paper, general intangibles, documents of title, inventory, equipment, and all rights to insurance payments, including return premiums, with respect to the Mortgaged Property.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THIS 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.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
Submitted by:
Respectfully submitted,
By /s/ Traci H. Rollins
Traci H. Rollins
Florida Bar No. 769071
Email: HYPERLINK “mailto:[email protected]” [email protected]
Jason Daniel Joffe
Florida Bar. No. 0013564
Email: HYPERLINK “mailto:[email protected]” [email protected]
Attorneys for Plaintiff
SQUIRE SANDERS (US) LLP
1900 Phillips Point West
777 South Flagler Drive
West Palm Beach, FL 33401-6198
Telephone: 561.650.7200
Facsimile: 561.655.1509
January 13, 20, 2012 12-0128M