12-2742M

FIRST INSERTION
NOTICE OF SALE PURSUANT TO FLORIDA STATUTES CHAPTER 45
IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 2009 CA 012115
FIFTH THIRD BANK, successor by merger to First National Bank of Florida, NA,
Plaintiff, v.
LUPER ENTERPRISES, INC., a Florida corporation; ALBERT R. LUPER, individually; A. GAYLE LUPER a/k/a ALTA GAYLE LUPER, individually; SIESTA KEY BUNGALOWS, INC., a Florida corporation; SARASOTA INVESTMENT TRUST, LLC, a/k/a BUNGALOW LOAN TRUST, a Florida limited liability company; CENTURY BANK, FSB, a Florida banking institution; and ALL UNKNOWN TENANTS IN POSSESSION,
Defendants.
NOTICE IS HEREBY PROVIDED that, in accordance with the Final Summary Judgment of Mortgage Foreclosure entered in the above-styled cause, the Clerk of Court will sell to the highest and best bidder for cash at www.manatee.realforeclose.com, the Clerk's website for on-line auctions, at 11:00 a.m., on October 24, 2012, the following real and personal property:
SEE EXHIBIT A AND
EXHIBIT B
Exhibit “A”

PARCEL 1:

Lots 1, 2. 13 and 14, Block 3, ILEXHURST SUBDIVISION, as per plat thereof recorded in Plat Book 1, Page 154, of the Public Records of Manatee County, Florida; together with that vacated portion of Avenue D adjacent to said Lots 1 and 2, as described and recorded in Official Records Book 707, Page 697 and 698, of the said Public Records, and that vacated portion of the platted alley lying between said Lots 1, 2, 13 and 14 as described and recorded in Official Records Book 675, Pages 401, 402, 403 and 404, of said Public Records.

Also the following described parcel of land, to-wit:

Beginning at a point where the North boundary line of Section 4, Township 35 South, Range 16 East, intersects with the West boundary of the hard surfaced road leading from Cortez to City of Anna Maria; thence Southerly along the West boundary of said road 58.7 feet; thence due West 120 feet; thence Northerly parallel to the West boundary of said road 58.7 feet to the North boundary line of said Section 4; thence due East 120 feet to the Point of Beginning, LESS 12 feet across the South thereof for roadway, LESS that certain parcel of land, as described and recorded in Official Records Book 759, Page 695 of said Public Records to-wit:

Commence at a point where the North boundary line of Section 4, Township 35 South, Range 16 East of Manatee County, Florida intersects with the West boundary of the hard surface road leading from Cortez to City of Anna Maria: thence Southerly along the West boundary of said road 46.7; feet thence due West 102 feet to the Point of Beginning; thence continue due West 18 feet; thence Northerly and parallel to the West boundary of said road, 46.7 feet to the North boundary of said Section 4; thence East 31 feet; thence South to the Point of Beginning.

Being and lying in Section 33, Township 34 South, Range 16 East and Section 4, Township 35 South, Range 16 East, Manatee County, Florida.

LESS the portion thereof conveyed in Official Records Book 394, Page 683, recorded in the Public Records of Manatee County, Florida.

PARCEL 2:

That part of Lot 12, Block 3, which lies South of the Public Road or highway, as the same is now laid out and in public use, ILEXHURST SUBDIVISION, as per plat thereof recorded in Plat Book 1, Page 154, of the Public Records of Manatee County, Florida.

PARCEL 3:

Lot 2, Block 2, ILEXHURST SUBDIVISION, as per Plat thereof recorded in Plat Book 1, Page 154 of the Public Records of Manatee County, Florida.

PERSONAL PROPERTY OF LUPER ENTERPRISES, INC.

THE LAND located in the County of Manatee, State of Florida and legally described in Exhibit “'A” attached hereto and made a part hereof (collectively the “Land”);

TOGETHER WITH all buildings, structures and Improvements of every nature whatsoever now or hereafter situated an the Land, and all fixtures, machinery, appliances, equipment, furniture; and personal property of every nature whatsoever now or hereafter owned by Mortgagor and located in or on, or attached to, or used or intended to be used in connection with or with the operation of, the Land, buildings, structures or other Improvements, or in connection with any construction being conducted or which may be conducted thereon, and owned by Mortgagor, including all extensions, additions, improvements, betterments, renewals, substitutions, and replacements to any of the foregoing and all of the right, title and interest of Mortgagor in and to any such personal property or fixtures together with the benefit of any deposits or payments now or hereafter made on such personal property or fixtures by Mortgagor or on its behalf (the “Project”);

TOGETHER WITH all easements, rights-of-way, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to the Land, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Mortgagor, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law as well as in equity, of Mortgagor of, in and to the same;

TOGETHER WITH all rents, royalties, issues, profits, revenue, income and other benefits from the Premises to be applied against the Indebtedness Hereby Secured, provided, however, that permission is hereby given to Mortgagor so long as no Default has occurred hereunder, to collect, receive, take, use and enjoy such rents, royalties, issues, profits, revenue, income and other benefits as they become due and payable, but not more than one (1) month in advance thereof;

TOGETHER WITH any and all accounts, accounts receivable, receivables, Contract rights, book debts, checks, notes, drafts, instruments, chattel paper, acceptances; choses in action, any and all amounts due to Mortgagor from a factor or other forms of obligations and receivables now existing or hereafter arising out of the business of the Mortgagor, as well as any and all returned, refused and repossessed goods, and the cash or non-cash proceeds resulting therefrom;

TOGETHER WITH any and all of Mortgagor's Inventory, including without limitation any and all goods held for sale or lease or being processed for sale or lease in Mortgagor's business as now or hereafter conducted, whether now owned or hereinafter acquired, including all crops, materials, goods and work-in-process, finished goods, and other tangible property held for safe or lease or furnished or to be furnished under contracts or used or consumed in Mortgagor's business, along with all documents covering inventory, and all cash and non-cash proceeds from the sale of inventory including proceeds from insurance;

TOGETHER WITH 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 Mortgagor, 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;

TOGETHER WITH all of Mortgagor's right, title, interest and privileges arising under all contracts, permits, and licenses entered into or obtained in connection with the development or operation of the Premises and/or Mortgagor's business as now or hereafter conducted, including by way of example and not in limitation: All development and construction permits, approvals, resolutions, variances, licenses 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;

TOGETHER WITH any and 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 property;

TOGETHER WITH all right, title and interest of the Mortgagor in and to: (i) all contracts from time to time executed by the Mortgagor or any manager or agent on its behalf relating to the ownership, construction, maintenance, repair, operation, occupancy, sale or financing of the Premises or any part thereof and all agreements relating to the purchase, lease or occupancy of any portion of the Premises or any property which Is adjacent or peripheral to the Premises, together with the right to exercise such options and all leases of Equipment, (ii) all consents, licenses, building permits, certificates of occupancy and other governmental approvals relating to construction, completion, occupancy, use or operation of the Premises or any part thereof, and (iii) all agreements with utility companies providing service to the Premises;

TOGETHER WITH all trade names, trade marks, logos, copyrights, good will and books and records relating to or used in connection with the operation of the Premises or any part thereof; all general intangibles related to the operation of the Premises now existing or hereafter arising;

TOGETHER WITH all right, title and interest of Mortgagor in and to any and all leases now or hereafter on or affecting the Premises whether written or oral and all agreements for use of the Premises (the “Leases”), together with all security therefor and all monies payable thereunder, subject, however, to the conditional permission hereinabove given to Mortgagor to collect the rentals under any such Lease;

TOGETHER WITH all fixtures and articles of personal property now or hereafter owned by Mortgagor and forming a part of or used in connection with the Land or the Project or the operation thereof, including, but not limited to, any and all air conditioners, antennae, appliances, apparatus, awnings, basins, bathtubs, boilers, bookcases, cabinets, carpets, coolers, curtains, dehumidifiers, disposals, doors, drapes, dryers, ducts, dynamos, elevators, engines, equipment, escalators, fans, fittings, floor coverings, furnaces, furnishings, furniture, hardware, heaters, humidifiers, incinerators, lighting, machinery, motors, ovens, pipes, plumbing, pumps, radiators, ranges, recreational facilities, refrigerators, screens, security systems, shades, shelving, sinks, sprinklers, stokers, stoves, toilets, ventilators, wall coverings, washers, windows, window coverings, wiring, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are or shall be attached to the Land or the Project in any manner; it being mutually agreed that all of the aforesaid property owned by Mortgagor and placed on the Land or the Project shall, so far as permitted by law, be deemed to be fixtures, a part of the realty, and security for the Indebtedness Hereby Secured; notwithstanding the agreement and declaration hereinabove expressed that certain articles of property form a part of the realty covered by this Mortgage and be appropriated to Its use and deemed to be realty, to the extent that such agreement and declaration may not be effective and that any of said articles may constitute goods (as said term is used in the Uniform Commercial Code), this instrument shall constitute a security agreement, creating a security interest in such goods, as collateral, in Mortgagee as a secured party and Mortgagor as Debtor, all in accordance with said Uniform Commercial Code as more particularly set forth in Paragraph 15 hereof; and

TOGETHER WITH all proceeds of the foregoing, including without limitation, all judgments, awards of damages and settlements hereafter made resulting from condemnation proceeds or the taking of the Premises or any portion thereof under the power of eminent domain, any proceeds of any policies of insurance, maintained with respect to the Premises or proceeds of any sale, option or contract to sell the Premises or any portion thereof; and Mortgagor hereby appoints and constitutes Mortgagee its attorney in fact and authorizes, directs and empowers Mortgagee, at its option, on behalf of Mortgagor, or the successors or assigns of Mortgagor, to adjust, compromise, claim, collect and receive such proceeds, to give proper receipts and acquittances therefor, and, after deducting expenses of collection, to apply the net proceeds as a credit upon any portion, as selected by Mortgagee, of the Indebtedness Hereby Secured.

Exhibit “B”

STATE OF FLORIDA
UNIFORM COMMERCIAL CODE - FINANCING STATEMENT

COLLATERAL DESCRIPTION

All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property described in Exhibit “A” (hereinafter referred to as 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 now owned or hereafter acquired by Debtor, including but not limited to 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, wall board, cabinets, nails, 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 proceeds, 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 in, upon or under the 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.

All of Debtors rights, title and interest in and to the materials, soil, flowers, shrubs, crops, tree, timber and other emblements now or hereafter in, upon or under the Property.

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.

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 all rents and payments in lieu of rents, together with any and all guaranties of such leases or rental arrangements and including all present and future security deposits and advance rentals, and any and all assignments of rent with respect to the Property or any part thereof.

Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise or 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 in Exhibit “A” or in this exhibit.

All of Debtor's right, title and interest 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 in Exhibit “A” or 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 or operation of the property, and all of Debtor's right, title and interest in and to any and all governmental licenses, permits, approvals, allocations and similar matters and documents obtained or to be obtained in connection with said development, construction and operation of the Property.

All of Debtor's right, title and interest in and to any trade names, names of businesses or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Exhibit “A” property.

All of Debtor's interest in all utility security deposits or bonds with respect to the Exhibit “A” property or any part or parcel thereof.
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.
Dated: September 28th, 2012.
By: Michael E. Strauch
Fla Bar No: 13988
Email: [email protected]
Respectfully submitted,
CARLTON FIELDS, P.A.
Attorneys for Plaintiff
100 S.E. Second Street, Suite 4200
Miami, FL 33131
Telephone: (305) 530-0050
Facsimile: (305) 530-0055
24733057.1
October 5, 12, 2012 12-2742M