12-0192S

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL DIVISION
Case No.: 2010 CA 008772 NC
CRM FLORIDA
PROPERTIES, LLC,
Plaintiff, vs.
WATERFORD AT BAY STREET, LLC, et al.,
Defendants.
Notice is hereby given that pursuant to a Uniform Final Judgment of Foreclosure entered in the above entitled cause in the Circuit Court of Sarasota County, Florida, the Clerk of Court will sell the following property located in Sarasota County, Florida: Parcel Identification Number:
Parcel 1: 0147-01-0003
Parcel 2: 0407-14-2011
Parcel 3: 0407-14-2216
0407-14-2227
Legal Description (Exhibit A and Exhibit B below):
Exhibit A
PARCEL 1:
A PARCEL OF LAND BEING A PORTION OF LOTS 95, 96, 97, 99, 100, 102, 103, 107, 108, 109, 110, 111, 112 AND 113, AND ALL OF LOTS 104, 105 AND 106, SARABAY ACRES, AS RECORDED IN PLAT BOOK 4, PAGE 62, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 38 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 10, THENCE SOUTH 89°42'12” WEST, ALONG THE NORTH LINE OF SAID SECTION 10, A DISTANCE OF 1345.09 FEET TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF AFOREMENTIONED LOT 99; THENCE SOUTH 00°58'20” EAST, ALONG SAID NORTHERLY EXTENSION AND ALONG THE WESTERLY LINE OF LOT 99, A DISTANCE OF 125.01 FEET TO THE NORTHWEST CORNER OF LOT 100, SAME BEING THE POINT OF BEGINNING; THENCE SOUTH 41°46'02” WEST, A DISTANCE OF 41.37 FEET; THENCE SOUTH 00°17'47” EAST, A DISTANCE OF 38.19 FEET; THENCE SOUTH 89°42'15” WEST, A DISTANCE OF 167.25 FEET; THENCE SOUTH 00°17'46” EAST, A DISTANCE OF 82.00 FEET; THENCE NORTH 89°42'14” EAST, A DISTANCE OF 167.25 FEET; THENCE SOUTH 00°17'47” EAST, A DISTANCE OF 56.00 FEET; THENCE SOUTH 89°42'15” WEST, A DISTANCE OF 167.25 FEET; THENCE SOUTH 00°17'46” EAST, A DISTANCE OF 82.00 FEET; THENCE NORTH 89°42'14” EAST, A DISTANCE OF 167.25 FEET; THENCE SOUTH 00°17'47” EAST, A DISTANCE OF 1.20 FEET; THENCE NORTH 89°42'12” EAST, A DISTANCE OF 48.12 FEET; THENCE SOUTH 00°19'08” EAST, A DISTANCE OF 93.99 FEET; THENCE SOUTH 44°21'56” WEST, A DISTANCE OF 22.36 FEET TO THE SOUTHWEST CORNER OF SAID LOT 103; THENCE SOUTH 00°58'20” EAST, ALONG THE WEST LINES OF AFOREMENTIONED LOTS 104 THRU 106, A DISTANCE OF 300.02 FEET TO THE SOUTHWEST CORNER OF AFOREMENTIONED LOT 106; THENCE NORTH 89°42'12” EAST, ALONG THE SOUTH LINE OF SAID LOT 106, A DISTANCE OF 358.07 FEET; THENCE SOUTH 01°09'01” EAST, A DISTANCE OF 700.08 FEET TO A POINT ON THE SOUTH LINE OF AFOREMENTIONED LOT 113; THENCE NORTH 89°42'12” EAST, ALONG SAID SOUTH LINE OF LOT 113, A DISTANCE OF 119.69 FEET; THENCE NORTH 00°58'20” WEST, A DISTANCE OF 220.02 FEET; THENCE NORTH 89°42'12” EAST, A DISTANCE OF 840.06 FEET OT POINT ON THE PLATTED WEST RIGHT OF WAY LINE OF OLD VENICE ROAD PER SAID PLAT OF SARABAY ACRES; THENCE NORTH 00°58'20” WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 980.07 FEET TO THE NORTH LINE OF AFOREMENTIONED LOT 102; THENCE SOUTH 89°42'12” WEST. ALONG SAID NORTH LINE OF LOT 102, A DISTANCE OF 790.05 FEET; THENCE NORTH 00°58'20” WEST, A DISTANCE OF 100.01 FEET TO A POINT ON THE NORTH LINE OF AFOREMENTIONED LOT 101; THENCE NORTH 89°42'12” EAST, ALONG SAID NORTH LINE OF LOT 101, A DISTANCE OF 40.00 FEET; THENCE NORTH 00°58'20” WEST, A DISTANCE OF 200.01 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF BAY STREET AS RECORDED IN ROAD PLAT BOOK 4, PAGES 25, 25A AND 25B, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE SOUTH 89°42'12” WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 420.03 FEET; THENCE SOUTH 00°58'20” EAST, ALONG THE EAST LINE OF THE WEST 150 FEET OF AFOREMENTIONED LOT 99, A DISTANCE OF 100.01 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 99; THENCE SOUTH 89°42'12” WEST, ALONG SAID SOUTH LINE OF LOT 99, A DISTANCE OF 150.01 FEET TO THE POINT OF BEGINNING, LESS THAT PART CONVEYED TO SARASOTA COUNTY IN CORPORATE WARRANTY DEED RECORDED NOVEMBER 30, 2006 IN CLERK'S #2006209429, AND LESS THAT PART DESCRIBED IN THE PARTIAL RELEASE OF MORTGAGE RECORDED SEPTEMBER 24, 2007 IN CLERK'S #2007146974, DESCRIBED AS FOLLOWS:

A PARCEL OF LAND BEING A PORTION OF LOTS 103, 104, 105, 106, 107, 108, 109, 110, 111, 112 AND 113, SARABAY ACRES, RECORDED IN PLAT BOOK 4, PAGE 62, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 38 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHEAST CORNER OF SECTION 10, TOWNSHIP 38 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA; THENCE SOUTH 00°58'20” EAST, ALONG THE EAST LINE OF SAID SECTION 10, A DISTANCE OF 1058.16 FEET; THENCE SOUTH 89°01'40” WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING, SAME POINT BEING A POINT ON THE WEST RIGHT OF WAY LINE OF OLD VENICE ROAD AS SHOWN ON THE PLAT OF SARABAY ACRES, RECORDED IN PLAT BOOK 4, PAGE 62, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE SOUTH 89°42'12” WEST, A DISTANCE OF 233.51 FEET; THENCE NORTH 00°00'00” EAST, A DISTANCE OF 159.40 FEET TO THE POINT OF CURVATURE OF A CURVE TURNING TO THE LEFT WITH A RADIUS OF 400.00 FEET, A DELTA ANGLE OF 90°17'48”, A CHORD BEARING OF NORTH 45°08'54” WEST, A CHORD LENGTH OF 567.15 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 630.39 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89°42'12” WEST, A DISTANCE OF 383.38 FEET; THENCE SOUTH 00°00'00” EAST, A DISTANCE OF 51.13 FEET; THENCE SOUTH 40°17'39” WEST, A DISTANCE OF 139.80 FEET; THENCE SOUTH 00°00'00” EAST, A DISTANCE OF 47.48 FEET; THENCE SOUTH 49°29'37” EAST, A DISTANCE OF 188.72 FEET TO A POINT ON THE SOUTH LINE OF LOT 106, SAID SARABAY ACRES; THENCE SOUTH 01°09'01” EAST, A DISTANCE OF 700.08 FEET TO A POINT ON THE SOUTH LINE OF LOT 113, SAID SARABAY ACRES; THENCE NORTH 89°42'12” EAST, ALONG SAID SOUTH LINE OF LOT 113, A DISTANCE OF 119.69 FEET; THENCE NORTH 00°58'20” WEST, A DISTANCE OF 220.02 FEET; THENCE NORTH 89°42'12” EAST, A DISTANCE OF 840.06 FEET TO A POINT ON THE AFOREMENTIONED WEST RIGHT OF WAY LINE OF OLD VENICE ROAD; THENCE NORTH 00°58'20” WEST, ALONG SAID WEST RIGHT OF WAY, A DISTANCE OF 246.64 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
UNIT 403, THE WATERFRONT ON VENICE ISLAND, BUILDING A, A CONDOMINIUM ACCORDING TO THE PLAT THEREOF RECORDED IN CONDOMINIUM PLAT BOOK 36 PAGE 33, AND BEING FURTHER DESCRIBED IN THAT CERTAIN DECLARATION OF CONDOMINIUM RECORDED IN CLERK'S #2004012422, AND ANY AND ALL AMENDMENTS ATTACHING THERETO, ALL IN THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, TOGETHER WITH AN UNDIVIDED INTEREST IN AND TO THE COMMON ELEMENTS APPURTENANT THERETO.

TOGETHER WITH ALL NON-EXCLUSIVE APPURTENANT EASEMENT RIGHTS CONTAINED IN THAT CERTAIN DECLARATION OF CONDOMINIUM FOR THE WATERFRONT ON VENICE ISLAND, BUILDING A, RECORDED IN OFFICIAL RECORDS INSTRUMENT #2004012422, TOGETHER WITH ALL AMENDMENTS THERETO OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA

TOGETHER WITH ALL NON-EXCLUSIVE APPURTENANT EASEMENT RIGHTS CONTAINED IN THAT CERTAIN MASTER DECLARATION FOR THE WATERFRONT RECORDED IN OFFICIAL RECORDS INSTRUMENT #2004012421, AND AMENDED IN OFFICIAL RECORDS INSTRUMENT #2006153156, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
PARCEL 3:
UNITS 513 & 812, THE WATERFRONT ON VENICE ISLAND, BUILDING C, A CONDOMINIUM ACCORDING TO THE PLAT THEREOF RECORDED IN CONDOMINIUM PLAT BOOK 40 PAGE 44, AND BEING FURTHER DESCRIBED IN THAT CERTAIN DECLARATION OF CONDOMINIUM RECORDED IN CLERK'S #2007096240, AND ANY AND ALL AMENDMENTS ATTACHING THERETO, ALL IN THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, TOGETHER WITH AN UNDIVIDED INTEREST IN AND TO THE COMMON ELEMENTS APPURTENANT THERETO.

TOGETHER WITH ALL NON-EXCLUSIVE APPURTENANT EASEMENT RIGHTS CONTAINED IN THAT CERTAIN DECLARATION OF CONDOMINIUM FOR THE WATERFRONT ON VENICE ISLAND, BUILDING C, RECORDED IN OFFICIAL RECORDS INSTRUMENT #2007096240, TOGETHER WITH ALL AMENDMENTS THERETO OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA

TOGETHER WITH ALL NON-EXCLUSIVE APPURTENANT EASEMENT RIGHTS CONTAINED IN THAT CERTAIN MASTER DECLARATION FOR THE WATERFRONT RECORDED IN OFFICIAL RECORDS INSTRUMENT #2004012421, AND AMENDED IN OFFICIAL RECORDS INSTRUMENT #2006153156, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA
EXHIBIT “B”
All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other material now on hereafter on the property described in Exhibit “A” (herein referred to as “Property”) or under or above the same or any part or parcel thereof.

All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to 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 or any part thereof and used or usable in connection with any present or future operation of the Property and now owned or hereafter acquired by Debtor, together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein; together with all proceed, additions and accessions thereto and replacements thereof.

All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over, and upon the Property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances.

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 or any part or parcel thereof.

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 guarantees of such leases or deposits and advance rentals.

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 Property described in Exhibit “A” or in this exhibit.

All of the right, title and interest of the Debtor 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 or sums payable for the loss of or damage to (a) the Property described in Exhibit “A”, or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or any part of the Property.

All of the right, title and interest of the Debtor in and to any trade names, names of businesses, or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Exhibit “A” Property.

All of Debtor's interest in all utility security deposits or bonds on the Exhibit “A” Property or any part or parcel thereof.

All contracts and contract rights, general intangibles and accounts receivables now or hereafter owned or entered into by Debtor in connection with development, construction upon or operation of the Property.

Property Address:
Parcel 1:
Old Venice Road
Osprey, Florida 34229

Parcel 2:
147 E. Tampa Ave.,
#403 Venice, Florida 34285

Parcel 3:
167 E. Tampa Ave., #513
Venice, Florida 34285

167 E. Tampa Ave., #812 Venice, Florida 34285
at public sale, to the highest and best bidder for cash via Internet: www.sarasota.realforeclose.com at 9:00 a.m. on the 21st day of February, 2012.
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.
/s/ Tiffany A. DiIorio
LYNN WELTER SHERMAN
Florida Bar No. 375616
Tiffany A. DiIorio
Florida Bar No. 0719706
SHUTTS & BOWEN LLP
4301 W. Boy Scout Blvd. Suite 300
Tampa, Florida 33607
Telephone: (813) 229-8900
Facsimile: (813) 229-8901
Attorneys for
CRM Florida Properties, LLC
Jan. 27; Feb. 3, 2012 12-0192S