12-1039S

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO. 2011 CA-010102 NC
AERL, L.C., an Iowa
limited liability company,
Plaintiff, vs. SARASOTA HOTELS, L.L.C., a
Florida limited liability company,
J. D. MALLINSON (1984) LTD. COMPANY, a United Kingdom corporation d/b/a Comfort
Inn Sarasota, and RICHARD S. BRADSHAW,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Mortgage Foreclosure against J.D. Mallinson (1984) Ltd. Company, a United Kingdom corporation d/b/a Comfort Inn Sarasota dated March 16, 2012, and entered in Case No. 2011 CA-010102 NC, in the Circuit Court of Sarasota County, Florida, Karen E. Rushing, the Clerk of the Circuit Court, will sell to the highest and best bidder for cash via the Internet at www.sarasota.realforeclose.com, at 9:00 A.M. or as soon as possible thereafter on the 20th day of April, 2012, the property described in Exhibit “A” attached hereto.
COMFORT INN/
MALLINSON LEGAL
DESCRIPTION

Tract/Unit C-1, SUNRISE LAND CONDOMINIUM, according to the Declaration of Condominium as recorded in Official Records Book 1692, Page 50, as amended by First Amendment to Declaration of Condominium of Sunrise Land Condominium recorded in Official Records Book 1780, Page 1332, and Second Amendment to Declaration of Sunrise Land Condominium and First Amendment to Bylaws of Association and First Amendment to Rules and Regulations and Restrictions on Use and Development for Sunrise Land Condominium recorded in Official Records Book 2794, Page 1566, and as per plat thereof recorded in Condominium Book 22, Pages 33, 33A and 33B, and as amended by Plat recorded in Condominium Book 24, Pages 24, 24A and 24B, and amended by Second Amendment recorded in Condominium Book 31, Pages 5 and 5A, all of the Public Records of Sarasota County, Florida.

PARCEL 2:

TOGETHER WITH a non-exclusive Easement for the benefit of Parcel 1 as set forth in Easement Agreement by and between JOHN B. DAVIDSON AND RITA G. DAVIDSON, Husband and Wife, and SARASOTA INVESTMENT CO., INC., a Florida Corporation, dated August 30, 1989 and recorded in Official Records Book 2148, Page 38, of the Public Records of Sarasota County, Florida, as amended by that First Amendment to Easement Agreement dated November 17, 1995 as recorded in Official Records Book 2880, Page 231, in the Public Records of Sarasota County, Florida, for the purposes of ingress, egress and utilities over, under and across the land described as follows:

A 24 foot wide easement for ingress, egress, and utilities, lying 12 feet either side of the following center line: Commence at the Southwest corner of Tract “E”, SUNRISE LAND CONDOMINIUM, as per Declaration of Condominium recorded in Official Records Book 1692, Pages 50 through 107, inclusive, as amended, and per Plat thereof recorded in Condominium Book 22, Pages 33 through 33B, inclusive, as amended by Plat recorded in Condominium Book 24, Pages 24 through 24B, inclusive, of the Public Records of Sarasota County, Florida; thence South 89° 50' 15” East, along the South line of said Tract “E”, 300.00 feet; thence North 0° 02'39” West along the East line of said Tract “E”, 17.00 feet for a Point of Beginning; thence North 89° 50' 15” West, 260.00 feet to the Easterly boundary line of an 80 foot easement created by Easement Agreement dated December 11, 1985 and recorded in Official Records Book 1822, Page 1600, of the Public Records of Sarasota County, Florida, for the point of termination, said point being North 67° 6' 20” East, 43.41 feet from the Southwest corner of said Tract “E”.

PARCEL 3:

TOGETHER WITH a non-exclusive easement for the benefit of Parcel 1 as set forth in Amendment to Easement Agreement by and between SARASOTA INVESTMENT CO., INC., a Florida Corporation (“Tract C Owner”), SANDPIPER OF SARASOTA, INC., a Florida Corporation (“Tract D Owner”), JOHN B. DAVIDSON AND RITA G. DAVIDSON, husband and wife (“Tract E Owner”), and SARASOTA COUNTY PUBLIC HOSPITAL BOARD, dated September 18, 1989 and recorded in Official Records Book 2152, page 1877, of the Public Records of Sarasota County, Florida, for the purposes of utilities and for ingress and egress for vehicular and pedestrian traffic over, under and across the land described as follows:

The East 40 feet of the North 702.05 feet of the Northwest 1/4 of Section 13 and the West 40 feet of the North 702.05 feet of the Northeast 1/4 of Section 13, Township 37 South, Range 18 East, Sarasota County, Florida, LESS Clark Road right-of-way.

PARCEL 4:

TOGETHER WITH a non-exclusive easement for the benefit of Parcel 1 as set forth in Ingress, Egress and Parking Agreement recorded September 12, 1985 in Official Records Book 1804, Page 1646, as amended by Amendment to Ingress, Egress and Parking Easement Agreement by and between FURMAN'S, INC., a Florida corporation (“Tract B Owner”), SARASOTA INVESTMENT CO., INC., a Florida Corporation (“Tract C Owner”), SANDPIPER OF SARASOTA, INC., a Florida Corporation (“Tract D Owner”), and JOHN B. DAVIDSON AND RITA G. DAVIDSON, husband and wife (“Tract E Owner”), recorded July 26, 1989 in Official Records Book 2139, Page 1553, of the Public Records of Sarasota County, Florida, for the purposes of ingress and egress for pedestrian and vehicular traffic over, under and across the land described as follows:

A strip of land, being 24.0 feet wide, situate in Section 13, Township 37 South, Range 18 East, Sarasota County, Florida, being a part of SUNRISE LAND CONDOMINIUM as recorded in Condominium Book 22, Pages 33 through 33B, as amended in Condominium Book 24, Page 24, of the Public Records of Sarasota County, Florida, whose centerline is more particularly described as follows:

Commence at the Northeast corner of Tract B of said Sunrise Land Condominium at the Southerly RW of Clark Road (State Road 72); thence South 0° 00' 17” East along the East line of said Tract B 24.00 feet for a Point of beginning; thence along the center of said 24 foot wide easement the following courses: North 89° 59' 30” West, 119.48 feet; Southwesterly along a curve to the left having a radius of 67.68 feet for an arc distance of 98.18 feet through a central angle of 83° 06' 51”; South 7° 07' 26” West, 21.11 feet; Southwesterly along a curve to the right having a radius of 49.23 feet for an arc distance of 71.48 feet through a central angle of 83° 10' 55” and North 89° 41' 40” West 189.50 feet to the Easterly line of a 40 foot wide ingress and egress easement for a point of termination, said point lying South 71° 07' 50” West 452.47 feet from the said Northeast corner of Tract B.


Comfort Inn/Mallinson Collateral

All of the following described properties and interests, now owned or hereafter acquired by J.D. Mallinson (1984) Ltd. Company, a United Kingdom corporation d/b/a Comfort Inn Sarasota (“Debtor”), and all accessories, attachments and additions thereto and all replacements or substitutes therefore and all products and proceeds thereof, and accessions thereto:

A. All of the property, personal or otherwise, now or hereafter attached to or incorporated into or used in or about the real property described on Exhibit “A” attached to this Judgment and all improvements thereon (collectively, the “Real Property”), including, without limitation, all fixtures, building materials, inventory, furniture, appliances, furnishings, goods, equipment, and machinery and all other tangible personal property now or hereafter affixed, attached or related to the Real Property or used in connection therewith;

B. All accounts, inventory, instruments, chattel paper, documents, consumer goods, insurance proceeds, surveys, plans and specifications, drawings, permits, licenses, warranties, guaranties, deposits, prepaid expenses, contract rights, and general intangibles now, or hereafter related to, any of the Real Property;

C. All rents, income, receipts, revenues, issues and profits arising or related to any portion of the Real Property, including without limitation, minimum rents, additional rents, percentage rents, common area maintenance charges, parking charges, tax and insurance premium contributions, liquidated damages following default, premiums payable by any tenant upon the exercise of any cancellation privilege provided for in any lease affecting the Real Property, and all proceeds payable under any policy of insurance covering the loss of rent resulting from any untenantability, together with any and all rights and claims of any kind which Debtor may have against any tenant or any other occupants of the Real Property.

D. All general intangibles relating to the development or use of the Real Property, including but not limited to all governmental permits relating to construction on the Real Property, all names under or by which the Real Property may at any time be operated or known, and all rights to carry on the business under any such names or any variant thereof, and all trademarks and goodwill in any way relating to the Real Property.

E. All water rights and water stock relating to the Real Property that is owned by Debtor in common with others, and all documents of membership in any owners' or members' association or similar group having responsibility for managing or operating any part of the Real Property.

F. All proceeds and claims arising on account of any damage to or taking of the Real Property or any part thereof, and all causes of action and recoveries for any loss or diminution in the value of the Real Property and all rights of the Debtor under any policy or policies of insurance covering the Real Property or any rents relating to the Real Property and all proceeds, loss payments and premium refunds which may become payable with respect to such insurance policies.
**ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (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 20th day of March, 2012.
By: ADAM MOHAMMADBHOY Florida Bar No. 0137367
HARLLEE & BALD, P.A.
202 Old Main Street
Bradenton, FL 34205
Telephone: 941/744-5537
Facsimile: 941/744-5547
Attorney for Plaintiff
March 30; April 6, 2012 12-1039S