12-1316M

FIRST INSERTION
AMENDED NOTICE of sale
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA
Case No. 2008 CA 004792
Division D (Commercial)
FREEDOM BANK,
Plaintiff vs.
TOWN & COUNTRY DEVELOPMENT, LLC and JAMES J. BOVINO,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Uniform Final Judgment of Mortgage Foreclosure dated the 8th day of May, 2012, and entered in the above-entitled cause in the Circuit Court of Manatee County, Florida, wherein Town & Country Developers of Florida, Inc.; James J. Bovino; The Plumbery, LLC; Mullet's Aluminum Products, Inc.; and ZNS Engineering, L.C.; Rosalie V. Ferlise, Trustee; Felix Ferlise, Trustee; Stephen Ferlise, Trustee; Milton Ferlise, Trustee; Ferlise Holdings Limited; Samuel Tolar f/k/a Tenant #1; Corey Toler f/k/a Tenant #2; Verizon Wireless Personal Communications, LP, a Delaware limited partnership f/k/a Primeco Personal Communication, LP, a Delaware limited partnership; SprintCom, Inc., a Kansas corporation; Voicestream Tampa/Orlando, Inc., a Delaware corporation f/k/a APT Tampa/Orlando, Inc., a Delaware corporation; American Tower, L.P. and Robert Starkweather are the Defendants, I will sell to the highest and best bidder for cash online at www.manatee.realforeclose.com at 11:00 a.m. on the 12th day of June, 2012, the interest in real and personal property situated in Manatee County and described as:
SEE EXHIBIT “A” and “B”
EXHIBIT “A”
PARCEL 1:

THAT PART OF THE WEST 3/4 OF THE SOUTH 1/2 OF THE S.W. 1/4 OF THE S.E. 1/4 OF SECTION 28, TOWNSHIP 33 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA, LYING SOUTH OF ERIE ROAD, LESS THE WEST 179 FEET, ALSO LESS THE NORTH 284 FEET OF THE EAST 180 FEET OF THE WEST 619 FEET, ALSO LESS THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORD BOOK 1452, PAGE 3969, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

FROM THE S.W. CORNER OF AFORESAID S.W. 1/4 OF THE S.E. 1/4 RUN N 88°21'38” E ALONG THE SOUTH LINE OF SAID S.W. 1/4 OF THE S.E. 1/4, A DISTANCE OF 179.12 FEET TO THE POINT OF BEGINN1NG; THENCE N 00°27'36” E, ALONG THE EAST LINE OF AFORESAID WEST 179.00 FEET, A DISTANCE OF 609.32 FEET, TO THE SOUTHERLY RIGHT OF WAY LINE OF ERIE ROAD; THENCE N 89°39'12” E, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 260.03 FEET TO THE WEST LINE OF AFORESAID NORTH 284 FEET OF THE EAST 180 FEET OF THE WEST 619 FEET; THENCE S 00°27'36” W, ALONG SAID WEST LINE A DISTANCE OF 242.00 FEET TO THE SOUTH LINE OF SAID NORTH 284 FEET OF THE EAST 180 FEET OF THE WEST 619 FEET; THENCE N 89°39'12” E, ALONG SAID SOUTH LINE, A DISTANCE OF 180.02 FEET TO THE WEST LINE OF AFORESAID PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1452, PAGE 3969; THENCE S 00°27'36” W, ALONG SAID WEST LINE A DISTANCE OF 357.39 FEET TO AFORESAID SOUTH LINE OF THE S.W. 1/4 OF THE S.E. 1/4; THENCE S 88°21'38” W, ALONG SAID SOUTH LINE, A DISTANCE OF 440.30 FEET TO THE POINT OF BEGINNING. LYING AND BEING IN SECTION 28, TOWNSHIP 33 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA.

BEGINNING AT A FOUND CONCRETE MONUMENT AT THE OCCUPIED CENTER OF SECTION 33, TOWNSHIP 33 SOUTH, RANGE 18 EAST; THENCE NORTH 89°18'51” E, A DISTANCE OF 1325.21 FEET TO A FOUND CONCRETE MONUMENT AT THE OCCUPIED N.W. CORNER OF THE N.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 33; THENCE SOUTH 01°57'32” W, A DISTANCE OF 1301.20 FEET TO A FOUND CONCRETE MONUMENT AT THE OCCUPIED S.W. CORNER OF THE SAID N.E. 1/4 OF THE S.E. 1/4; THENCE NORTH 89°50'11” E, A DISTANCE OF 783.37 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE SOUTH 63°25'30” W, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 2902.06 FEET TO THE SOUTH LINE OF SAID SECTION 33; THENCE SOUTH 89°44'42” E, ALONG SAID RIGHT-OF-WAY LINE, ALSO BEING THE SOUTH LINE OF SAID SECTION 33, A DISTANCE OF 77.55 FEET; THENCE SOUTH 63°25'30” W, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 831.13 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD #93 (I-75); THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF I-75 THE FOLLOWING THREE COURSES: NORTH 10°16'18” W, A DISTANCE OF 323.58 FEET; THENCE NORTH 14°33'39” W, A DISTANCE OF 200.56 FEET; THENCE NORTH 10°16'18” W, A DISTANCE OF 2458.73 FEET TO THE OCCUPIED NORTH LINE OF THE N.W. 1/4 OF THE S.W. 1/4 OF SAID SECTION 33; THENCE NORTH 89°18'11” E, A DISTANCE OF 418.70 FEET TO A FOUND CONCRETE MONUMENT AT THE OCCUPIED N.W. CORNER OF THE N.E. 1/4 OF THE S.W. 1/4 OF SAID SECTION 33; THENCE NORTH

89°18'5l” E, A DISTANCE OF 1325.21 FEET TO THE POINT OF BEGINNING. LYING AND BEING IN SECTION 33, TOWNSHIP 33 SOUTH, RANGE 18 EAST AND SECTION 4, TOWNSHIP 34 SOUTH, RANGE 18 EAST, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.

THAT CERTAIN PROPERTY LOCATED IN THE COUNTY OF MANATEE, STATE OF FLORIDA, LYING EAST OF U.S. INTERSTATE 75 HIGHWAY AND DESCRIBED AS FOLLOWS:

THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 33 SOUTH, RANGE 18 EAST, LYING SOUTH OF ERIE ROAD AND EAST OF U.S. INTERSTATE 75 HIGHWAY LESS THAT PART TO FLORIDA DEPARTMENT OF TRANSPORTATION FOR ROAD RIGHT OF WAY DESCRIBED IN INSTRUMENT RECORDED IN O.R. BOOK 915, PAGE 868, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, AND ALSO LESS THAT PART FOR ERIE ROAD RIGHT OF WAY DESCRIBED IN INSTRUMENT RECORDED IN O.R. BOOK 955, PAGE 147, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.

THAT PART OF LOTS 26, 27,28,29,42,43,44 AND 45, MECCA PARK COLONY AS RECORDED IN PLAT BOOK 1, PAGE 192-A, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, LYING EAST OF U.S. INTERSTATE 75 HIGHWAY LESS THAT PART TO FLORIDA DEPARTMENT OF TRANSPORTATION FOR ROAD RIGHT OF WAY DESCRIBED IN INSTRUMENT RECORDED IN O.R. BOOK 915, PAGE 868, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.

THAT PART OF THE EAST 139.0 FEET OF THE WEST 179.0 FEET OF THE WEST 3/4 OF THE SOUTH 1/2 OF THE SW 1/4, OF THE SE 1/4 OF SECTION 28, TOWNSHIP 33 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA, LYING SOUTH OF ERIE ROAD. LESS AND EXCEPT THAT CERTAIN PARCEL OF LAND DEEDED TO THE COUNTY OF MANATEE BY WARRANTY DEED RECORDED IN OFFICIAL RECORD BOOK 1200, PAGE 3862 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.

LOTS 34, 35, 36, 37, 50, 51, 52 AND 53 MECCA PARK COLONY AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 192-A OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.

ALSO:

THE WEST 10 ACRES OF THE SE 1/4 OF THE NE 1/4 OF SECTION 33, TOWNSHIP 33 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA.

ALSO:

THE WEST 40 FEET OF THE FOLLOWING DESCRIBED LAND:
THE WEST 3/4 OF THE S 1/2 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 28, TOWNSHIP 33 SOUTH, RANGE 18 EAST, LYING SOUTH OF ERIE ROAD IN MANATEE
COUNTY, FLORIDA, AND IS TO BE USED FOR THE PURPOSED OF BEING MEANS OF INGRESS AND EGRESS TO SAID LOT 50, MECCA PARK COLONY.

PARCEL 2:

FROM THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 33 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA, RUN N 89°28'12” E, ALONG THE NORTH LINE OF SAID SECTION 34, A DISTANCE OF 69.51 FEET TO THE CENTERLINE OF THE FLORIDA POWER & LIGHT POLE LINE; THENCE S 00°55'08” W, ALONG SAID POLE LINE, A DISTANCE OF 2626.71 FEET TO THE POINT OF BEGINNING; THENCE S 00°55'08” W, ALONG SAID POLE LINE, A DISTANCE OF 975.05 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE S 63°24'39” W, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 755.47 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE NE 1/4 OF THE SE 1/4 OF SECTION 33, TOWNSHIP 33 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA; THENCE S 89°49'52” W, A DISTANCE OF 784.05 FEET TO THE SOUTHWEST CORNER OF SAID NE 1/4 OF THE SE 1/4; THENCE N 01°57'10” E, A DISTANCE OF 1301.20 FEET TO THE NORTHWEST CORNER OF SAID NE 1/4 OF THE SE 1/4; THENCE N 89°21'52” E, A DISTANCE OF 1324.79 FEET TOTHE NORTHEAST CORNER OF SAID NE 1/4 OF THE SE 1/4 CORNER AND THE NORTHWEST CORNER OF THE NW 1/4 OF THE SW 1/4 OF THE SAID SECTION 34; THENCE N.89°52'26” E, ALONG THE NORTH LINE OF SAID NW 1/4 OF THE SW 1/4, A DISTANCE OF 106.21 FEET TO THE POINT OF BEGINNING. LYING AND BEING IN SECTIONS 33 AND 34, TOWNSHIP 33 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA.

EXHIBIT “B”

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

(b) 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;

(c) 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;

(d) 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;

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

(f) all of Debtor's interest as lessor in and to all leases 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;

(g) 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;

(h) 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;
including the buildings and appurtenances located thereon and together with the fixtures situate therein.
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.
s/ Janelle L. Esposito
Janelle L. Esposito, Esquire
Janelle L. Esposito,
[email protected]
Florida Bar No. 0035631
Attorney for Plaintiff,
Multibank 2009-1 CRE Venture, LLC
Greene Hamrick Perrey Quinlan & Schermer, P.A.
P. O. Box 551,
Bradenton, Florida 34206
(941) 747-1871 - (941) 747-2991 (Fax)
May 11, 18, 2012 12-1316M