12-0778M

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 2011 CA 002904
Division D
U.S. BANK, National Association, Trustee, as successor in interest to Bank of America, N.A., as Trustee for Bear Stearns Commercial
Mortgage Securities, Inc.,
Commercial Mortgage
Pass-Through Certificates, Series 2004-PWR5,
Plaintiff, vs.
PALMETTO BUSINESS PARK, LP, a Delaware limited partnership; CLARK HUNT CONSTRUCTION, INC., a Florida corporation; GATOR GRADING & PAVING, LLC, a Florida limited liability company; and STATE OF FLORIDA DEPARTMENT OF REVENUE ,
Defendants.
NOTICE is hereby given that, pursuant to the Final Judgment of Foreclosure dated March 6, 2012, in the above-styled cause, the Clerk of the Circuit Court will sell the following real property (and any personal property situated thereon) in Manatee County, Florida, and more particularly described as:
SEE ATTACHED EXHIBIT A
EXHIBIT A- REAL
PROPERTY
TRACT 1:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 34 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA; THENCE NORTH 00°09'30” WEST ALONG THE WEST LINE OF SAID SECTION 18 AND THE EAST LINE OF SUNKIST ACRES SUBDIVISION, AS RECORDED IN PLAT BOOK 9, PAGE 96, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, A DISTANCE OF 2608.06 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF U.S. HIGHWAY 301 (STATE ROAD NO. 43); THENCE N 88°48'00” E, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 1318.60 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N 88°48'00” E, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 368.11 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 5,782.58 FEET AND CENTRAL ANGLE OF 07°37'00”; THENCE EASTERLY ALONG THE ARC OF SAID CURVE AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 768.71 FEET; THENCE N 81°11'00” E, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 315.38 FEET TO THE INTERSECTION WITH THE EAST LINE OF ATWOOD GROVES AS ESTABLISHED BY KARL SQUIRES, A FLORIDA REGISTERED LAND SURVEYOR, NOW DECEASED, IN FEBRUARY 1956 ALSO BEING THE NORTHEAST CORNER OF LANDS DESCRIBED AND RECORDED IN O.R. BOOK 897, PAGE 519, OF SAID PUBLIC RECORDS; THENCE S 00°16'30” E, ALONG SAID EAST LINE, A DISTANCE OF 1,853.92 FEET; THENCE S 89°43'30” W A DISTANCE OF 397.21 FEET; THENCE N 00°16'30” W, A DISTANCE OF 250.62 FEET; THENCE S 89°43'30” W, A DISTANCE OF 774.05 FEET; THENCE N 00°09'00” W, A DISTANCE OF 697.85 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S 83°48'50” W, A RADIAL DISTANCE OF 375.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17°16'22”, A DISTANCE OF 113.05 FEET; THENCE N 23°27'32” W, A DISTANCE OF 93.25 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 3,486.07 FEET AND A CENTRAL ANGLE OF 05°29'05”; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 333.71 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 530.00 FEET AND A CENTRAL ANGLE OF 28°47'37”; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 266.35 FEET; THENCE N 00°09'00” W, A DISTANCE OF 39.13 FEET TO THE POINT OF BEGINNING.
TRACT 2:
PARCEL “A”
BEGIN AT THE INTERSECTION OF THE WE5T LINE OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 34 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA, AND THE NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY 301 (A 150 FOOT WIDE ROAD); THENCE NORTH 00°18'10” EAST ALONG SAID WEST LINE 705.51 FEET TO THE P.C. OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 493.34 FEET AND A DELTA ANGLE OF 68°14'52”; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, 587.64 FEET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE SOUTH 89°51'10” EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 116.23 FEET TO ITS INTERSECTION WITH A CURVE 30 FEET SOUTHEASTERLY AND RADIAL TO THE AFOREMENTIONED CURVE; SAID CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 463.34 FEET AND DELTA ANGLE OF 81°44'08”; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 660.98 FEET TO THE P.T. OF SAID CURVE; THENCE SOUTH 00°18'10” WEST ALONG A LINE 30 FEET EAST OF AND PARALLEL TO THE AFORESAID WEST LINE OF SOUTHEAST ¼ OF NORTHWEST ¼ A DISTANCE OF 704.73 FEET TO THE INTERSECTION WITH THE AFOREMENTIONED NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY 301; THENCE SOUTH 88°48'00” WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, 30.02 FEET TO THE POINT OF BEGINNING. THE ABOVE LYING AND BEING IN THE WESTERNMOST 17 ACRES OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 34 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA.
PARCEL “B”:
TOGETHER WITH AN NON-EXCLUSIVE EASEMENT FOR DRAINAGE FOR THE BENEFIT OF PARCEL “A” ABOVE AS SET FORTH IN WARRANTY DEED FROM DUANE J. SORENSON TO UTILITY POWER CORPORATION RECORDED IN OFFICIAL RECORD BOOK 931, PAGE 207, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, OVER THE FOLLOWING DESCRIBED LAND:
COMMENCE AT THE INTERSECTION OF THE EAST LINE OF THE ABOVE-DESCRIBED PARCEL (PARCEL “A”) WITH THE NORTH LINE OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 301 FOR A POINT OF BEGINNING; THENCE EAST 12 FEET ALONG SAID RIGHT-OF-WAY LINE TO A POINT; THENCE NORTHERLY A DISTANCE OF 660 FEET, MORE OR LESS, TO A POINT 10 FEET EASTERLY FROM THE EAST LINE OF PARCEL “A” MEASURED AT A RIGHT ANGLE THERETO; THENCE CONTINUE NORTHERLY 100 FEET, MORE OR LESS, TO A POINT 8 FEET EASTERLY FROM THE EAST LINE OF PARCEL “A” MEASURED AT RIGHT ANGLE THERETO; THENCE CONTINUE NORTHERLY AND EASTERLY 100 FEET, MORE OR LESS, TO A POINT 6 FEET SOUTHEASTERLY FROM THE EASTERLY LINE OF PARCEL “A” MEASURED AT A RIGHT ANGLE THERETO; THENCE CONTINUE NORTHERLY AND EASTERLY 100 FEET, MORE OR LESS, TO A POINT 4 FEET FROM THE EASTERLY LINE OF PARCEL “A” MEASURED AT A RIGHT ANGLE THERETO; THENCE CONTINUE NORTHERLY AND EASTERLY 100 FEET, MORE OR LESS, TO A POINT 2 FEET FROM THE EASTERLY LINE OF PARCEL “A” MEASURED AT A RIGHT ANGLE THERETO; THENCE CONTINUE NORTHERLY AND EASTERLY 100 FEET, MORE OR LESS, TO THE POINT AT WHICH THIS LINE INTERSECTS ON THE EASTERLY LINE OF PARCEL “A”; THENCE WESTERLY AND SOUTHERLY ALONG THE SAID EASTERLY LINE OF PARCEL “A” TO THE POINT OF BEGINNING.

EXHIBIT A - PERSONAL PROPERTY

All of Debtor's right, title and interest in and to the following property (the “Property”) located upon or used in connection with the real property described on Exhibit A (the “Land”):

a. buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the “Improvements”);

b. all easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Debtor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;

c. all machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications, and elevator fixtures) and other property of every kind and nature whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the “Personal Property”), and all proceeds and products of the above;

d. All leases and other agreements affecting the use, enjoyment or occupancy of the Land and the Improvements heretofore or hereafter entered into (a “Lease” or “Leases”) and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, revenues, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements (the “Rents”) and all proceeds from the sale or other disposition of the Leases;

e. all awards or payments, including the interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain (including but not limited to any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or any other injury to or decrease in the value of the Property;

f. all proceeds of and any unearned premiums on any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements mad in lieu thereof, for damage to the Property;

g. all refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction;

h. all proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;

i. the right, in the name and on behalf of the Debtor, to appear in and defend any action or proceedings brought with respect to the Property and to commence any action or proceeding to protect the interest of Secured Party in the Property;

j. all agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or respecting any business or activity conducted on the Land and any part thereof and all right, title and interest of Debtor therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Debtor thereunder;

k. all tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property.
at a public sale, to the highest and best bidder, for cash, on the 26th day of April, 2012, via Internet at www.manatee.realforeclose.com beginning at 11:00 AM.
Pursuant to Florida Statute 45.031(2), this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least 5 days prior to the sale. This notice will be published in the Gulf Coast Business Review.
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.
Dated this 12 day of March, 2012.
Respectfully submitted,
CARLTON FIELDS, P.A.
Attorneys for Plaintiff
By: KIMBERLY J. GUSTAFSON
Florida Bar No.: 0180890
200 Central Avenue, Ste. 2300
St. Petersburg, Florida 33701
Telephone: 727-821-7000
Facsimile: 727-822-3768
Email: [email protected]
Attorneys for Plaintiff
21603768.2
March 16, 23, 2012 12-0778M