12-1733S

FIRST INSERTION
NOTICE OF SALE
in the CIRCUIT court OF THE TWELFTH JUDICIAL CIRCUIT
in and for
SARASOTA county, florida
Case No. 2012-CA-000037 NC
FIRST AMERICA BANK, a Florida banking corporation,
Plaintiff, v.
OSPREY BUSINESS PARK, LLC, a Florida limited liability company, DAVID M. SHEPHERD, DEVON D. SHEPHERD, MEDITERRANEA PROFESSIONAL PARK, INC., a Florida not for profit corporation, and SDS GROUP OF SARASOTA, LLC, a Florida limited liability company, f/k/a 3M GROUP OF SARASOTA, LLC,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Mortgage Foreclosure entered in the above styled case, number 2012-CA-000037-NC in the Circuit Court of Sarasota County, Florida, that I, Karen E. Rushing, Sarasota County Clerk, will sell the following property situated in Sarasota County, Florida, described as:
REAL PROPERTY:

LOTS 59 & 58, SARABAY ACRES, LESS THE FOLLOWING DESCRIBED PART OF LOT 58:

BEGIN AT A POINT ON THE EASTERLY LINE OF LOT 58 OF SARABAY ACRES AFORESAID 10 FEET SOUTHEASTERLY OF THE NE CORNER OF LOT 58 AFORESAID, THENCE RUN 10 FEET IN A NORTHWESTERLY DIRECTION TO THE NE CORNER OF LOT 58 AFORESAID, THENCE CONTINUE WESTERLY ALONG THE NORTH LINE OF LOT 58 AFORESAID TO COUNTY ROAD, THENCE CONTINUE 15 FEET IN A SW DIRECTION ALONG THE WESTERLY LINE OF LOT 58 AFORESAID TO A POINT, THENCE CONTINUE IN A STRAIGHT LINE IN AN EASTERLY DIRECTION TO THE POINT OF BEGINNING. ALSO LESS THAT PART OF LOTS 58 & 59 TAKEN BY THE STATE OF FLORIDA FOR USE OF STATE ROAD DEPARTMENT AS DESCRIBED IN DEED RECORDED IN OFFICIAL RECORDS BOOK 278, PAGE 32, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 62, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.

LESS Unit A-2, MEDITERRANEA PROFESSIONAL PARK, PHASE I, a condominium according to the Declaration of Condominium recorded In Official Records instrument No. 2009065446, and as per plat thereof recorded In Condominium Book 42, Page 1, Public Records of Sarasota County, Florida.

A PORTION OF WHICH NOW BEING DESCRIBED AS: Units A-1, A-3, B-1, B-2, B-3, , C-1, C-2, C-3, C-4, C-5, C-6, C-7, C-8, and C-9 MEDITERRANEA PROFESSIONAL PARK, PHASE 1 and Units D-1, D-2, D-3, D-4, D-5, D-6, D-7, D-8, and D-9, MEDITERRANEA PROFESSIONAL PARK, PHASE II, a condominium according to the Declaration of Condominium recorded In Official Records instrument No. 2009065446, and as per plat thereof recorded In Condominium Book 42, Page 1, Public Records of Sarasota County, Florida.

Together with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, including replacements and additions thereto.

Together with all rights of Osprey Business Park, LLC as “Developer” under Declaration of Condominium of Mediterranea Professional Park recorded in Official Records Instrument No. 2009065445 of the Public Records of Sarasota County, Florida.

PERSONAL PROPERTY:
1. All machinery; apparatus, equipment, fittings, fixtures, furniture, furnishings and other personal property of any kind whatsoever now owned or hereafter acquired, and located on or used in connection with the real property described on Exhibit A attached hereto (the “Real Property”) whether or not attached to such Real Property, and including all trade, domestic and ornament fixtures and articles of personal property of every kind and nature whatsoever now owned or hereafter acquired, including, but without limiting the generality of the foregoing, all electrical heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment;engines; pipes; pumps; tanks; motors; conduits, switchboards; plumbing; lifting; cleaning; fire prevention; fire extinguishing; refrigeration; ventilating and communications apparatus; boilers; rangers; furnaces; oil burners or units thereof; appliances; air-cooling and air condition 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.

2. All of Debtor's interest in all building materials and equipment now or hereafter acquired and located on the Real Property, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, air conditioners, brick, tile, water heaters, screens, window frames, glass doors and windows, flooring, paint, lighting fixture and unattached refrigerating, cooking, heating, air condition and ventilating appliances and equipment; together with all proceeds, additions and accessions thereto and replacements thereof and all equipment, furnishings, tools and furniture.

3. All of Debtor's interest as lessor in and to all leases or rental arrangements, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered in to 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 rental arrangements and including all present and future security deposits and advance rentals.

4. 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 the street, or (c) any other injury to, taking of, or decrease in the value of the Real Property.

5. All of the right, title and interest of the Debtor in and to all unearned premiums secured, 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 or damage to Real Property.

6. All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon, operation of or sale of the Real Property, including without limitation, engineer's and/or architect's contracts, drawings, plans, specifications, general contracts, floor plans, franchise agreements, contracts for the purchase of furniture, fixtures and equipment, construction contracts, addenda and modifications, and any agreements for deed and installment land contracts.

7. All of the right, title and interest of the Debtor in and to all trade names and copyrights owned by Debtor exclusively in connection with the Real Property.

8. All of Debtor's interest in all utility security deposits or bonds on the Real Property or any part or parcel thereof.

9. All permits and licenses relating to the ownership, use and operation of the Real Property and the improvements thereon.

10. All of Debtor's accounts (whether checking, savings or some other account), or securities now or hereafter in the possession of or on deposit with Secured Party or with any parent company or affiliate of Secured Party.

11. Any and all other assets of personal property, whether now owned or hereafter acquired, and located on or used in connection with the Real Property.
at public sale, to the highest and best bidder for cash, via the internet: WWW.SARASOTA.REALFORECLOSE.COM, at 9:00 a.m. on June 11, 2012.
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.
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.
Robert F. Greene
601 12th Street West
Bradenton, Florida 34205
941-717-1871/941-747-8708 (fax)
Attorneys for Plaintiff
May 18, 25, 2012 12-1733S