12-0780M

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-006122
WHITNEY BANK, a
Louisiana state chartered bank,
successor by merger to Whitney
National Bank,
Plaintiff, vs.
ACCEND, INC., a Florida corporation; M&I MARSHALL & ISLEY BANK, a Wisconsin banking corporation; and COMMONWEALTH
LAND TITLE INSURANCE
COMPANY, a Florida corporation;
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 below described real property (and any personal property situated thereon) situated in Manatee County, Florida, and more particularly described as:
Begin at the Northwest corner of Section 20, Township 34 South, Range 19 East, Manatee County, Florida; thence South along the West line of said Section 20, 2788.45 feet to the intersection of said West line and the center line of a graded road running East; thence S 87° 50' 10” E, along the centerline of said graded road, 1322.41 feet; thence S 00° 01' 10” E, 840.76 feet to a Point of Beginning; thence continue S 00° 01' 10” E, 330 feet; thence N 85° 46' 00” W, 662.18 feet; thence North and parallel to the West line of said Section 20, 330 feet; thence S 85° 46' 00” E, 662.07 feet to the Point of Beginning. Being and lying in Section 20, Township 34 South, Range 19 East, Manatee County, Florida. Less and except 25 feet off the East side for road right of way. (the “Property”)

Together with:
All right, title, and interest of Borrower now owned or existing or hereafter acquired or created in furniture, furnishings, fixtures, equipment, accounts receivable, contract rights, inventory, intangibles, located upon and/or affixed to the Property as described on the Property and all other forms of personal property related thereto and utilized in connection with the Property's ownership and/or operation including without limitation, the Property as described below, together with the proceeds thereof and insurance proceeds paid on account of such property, as well as all replacements, additions and accessions at any time in the future.
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 Property described as follows (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, 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 communication apparatus; boilers, ranges, furnaces, oil burners or units thereof; appliances; air-cooling and air conditioning apparatus; 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 Property and intended to be installed therein, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, walls, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass, doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all 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, calves 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 any and all guarantees of such leases or rental arrangements and including all present and future security 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 herein.
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 herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon, operation or sale of part or all of the Property, including all purchase and sale agreements between the Debtor and prospective third party purchasers of individual condominium units to be developed and sold by Debtor, as well as contractor sales deposits including all deposits, rents, issues, profits and income from the Property.
All furniture, furnishings, appliances and equipment and all other tangible personal properly now or hereafter owned or acquired by the Debtor or now or hereafter located or installed at or in any other improvements on the Property or elsewhere at or on the Property, together with all accessories and parts now attached to or used in connection with any such Property or which may hereafter at any time be placed in or added thereto and also any and all replacements and proceeds of any such Property,
All architectural and engineering plans and specifications, surveys, site plans, permits, approvals, authorizations, deposits, appraisals, feasibility studies and development proposals now or hereafter existing pertaining to the Property.
at a public sale, to the highest and best bidder, for cash, 11:00 o'clock a.m. on the 12th day of April, 2012, via Internet at www.manatee.realforeclose.com.
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.
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.
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.
Kathleen S. McLeroy
Florida Bar No. 856819
Rebecca N. Shwayri
Florida Bar Number 0868531
CARLTON FIELDS, P.A.
Post Office Box 3239
Tampa, Florida 33601-3239
Telephone: 813.223.7000
Facsimile: 813.229.4133
Attorneys for Plaintiff
March 16, 23, 2012 12-0780M