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FIRST INSERTION
AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
Case No. 2011 CA 1251
BANK OF THE OZARKS, AS SUCCESSOR IN INTEREST TO, AND ASSIGNEE OF, THE FEDERAL DEPOSIT INSURANCE
CORPORATION, AS RECEIVER OF HORIZON BANK,
Plaintiff, vs. TIMOTHY CHAKOS, ANNE CHAKOS, MANATEE
INVESTMENT GROUP, LLC, ET. AL.,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Uniform Final Judgment of Mortgage Foreclosure dated the 12th day of July, 2012, and entered in the above-entitled cause in the Circuit Court of Manatee County, Florida, wherein Timothy Chakos, Anne Chakos, Manatee Investment Group, LLC, ProBuild East, LLC, Michelle Battalie f/k/a Tenant #1, Robert Cesarie f/k/a Tenant #3, Lisa Rowe f/k/a Tenant #4, Marie Gualteros f/k/a Tenant #7, Lavern Sell f/k/a Tenant #9, Stephen Wheeler f/k/a Tenant #11, Mona Harding f/k/a Tenant #13 and Maria Flores f/k/a Tenant #15 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 11th day of December, 2012, the interest in real and personal property situated in Manatee County and described as:
See Attached Exhibit “A” (“Property”) together with all leases, rents, issues and profits arising from the Property, together with all personal property (“Personal Property”) described on the attached Exhibit “B”
EXHIBIT “A” (PROPERTY)
PARCEL ONE:
THE WEST 12.5 FEET OF LOT 22 AND ALL OF LOTS 24 AND 26, BLOCK “D”, F. C. WHITAKER'S SUBDIVISION OF BLOCK “B”, BALLARD'S ADDITION TO BRADENTOWN, FLA, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 220, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
PARCEL TWO:
LOT 12 AND THE EAST 1/2 OF LOT 14, BLOCK “D”, F. C. WHITAKER'S SUBDIVISION OF BLOCK “B”, BALLARD'S ADDITION TO BRADENTOWN, FLA, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 220, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
EXHIBIT “B” (PERSONAL PROPERTY)
The real property hereinabove described is referred to herein as the “Real Estate Security”.
A. All Fixtures, machinery, appliances, equipment, furniture, and personal property of every nature whatsoever now or hereafter owned by Debtors and located in or on, or attached to, or used or intended to be used in connection with or with the operation of, the real estate described on the attached continuation to this Exhibit (“Real Estate Security”), or in connection with any construction being conducted or which may be conducted thereon, and owned by Debtors, including all extensions, additions, improvements, betterments, renewals, substitutions, and replacements to any of the foregoing and all of the right, title and interest of Debtors in and to any such personal property or fixtures together with the benefit of any deposits or payments nor or hereafter made on such personal property or fixtures by Debtors or on its behalf;
B. Any and all accounts, accounts receivable, receivables, contract rights, leases, rents, profits, book debts, checks, notes, drafts, instruments, chattel paper, acceptances, choses in action, any and all amounts due to Debtors from a factor or other forms of obligations and receivables now existing or hereafter arising out of the business of Debtors, as well as any and all returned, refused and repossessed goods, the cash or non-cash proceeds resulting therefrom;
C. All patents, trademarks, service marks, trade secrets, copyrights and exclusive licenses (whether issued or pending), and all documents, applications, materials and other matters related thereto, all inventions, all manufacturing, engineering and production plans, drawings, specifications, processes and systems, all trade names, computer programs, data bases, systems and software (including source and object codes), goodwill, choses in action, and all other general intangibles of Debtors, whether now owned or hereafter acquired, and all cash and non-cash proceeds thereof, and all chattel paper, documents and instruments relating to such intangibles;
D. All of Debtors' right, title interest and privileges arising under all contracts, permits and licenses entered into or obtained in connection with the operation of the Real Estate Security and/or Debtors' business as now or hereafter conducted, including by way of example and not in limitation: all variances, licenses and franchises granted by municipal, county, state and federal Governmental Authorities, or any of their respective agencies;
E. Any all licenses, permits, approvals, allocations, contract rights, trade and fictitious names and similar matters and documents obtained or to be obtained in the future which are necessary or appropriate for the operation and management of the Real Estate Security;
F. All judgments, awards of damages and settlements hereafter made resulting from condemnation proceeds or the taking of the Real Estate Security or any portion thereof under the power of eminent domain or the threat of exercise thereof; any proceeds of any and all policies of insurance maintained with respect to the Real Estate Security, or proceeds of any sale, option or contract to sell the Real Estate Security or any portion thereof.
G. All investment property;
H. All Deposit Accounts;
I. All letter of credit rights;
J. All proceeds of the foregoing (herein “Proceeds”).
including the buildings and appurtenances and together with the fixtures situated therein and located thereon.
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
[email protected]
Florida Bar No. 0035631
Attorney for Plaintiff,
Bank of the Ozarks
Greene Hamrick Perrey Quinlan & Schermer, P.A.
P. O. Box 551,
Bradenton, Florida 34206
(941) 747-1871
(941) 747-2991 (Fax)
November 16, 23, 2012 12-3296M