12-2676M

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT,
IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 2012-CA-3650
BOFI FEDERAL BANK,
f/k/a BANK OF INTERNET USA,
Plaintiff, v. CPM PROPERTIES, LLC, a Florida limited liability company, ADOBE COMMERCIAL PROPERTIES OF FLORIDA, LLC, a Florida limited liability company, HARVEY ESTES, individually, AND UNKNOWN TENANTS IN POSSESSION,
Defendants.
Notice is hereby given that pursuant to the Final Judgment of Foreclosure entered in this cause, in the Circuit Court for Manatee County, Florida, I will sell the Property situated in Manatee County, Florida, described as follows:
The Plaintiff lien encumbers the subject REAL property located in Manatee County, Florida, and described as (the “Real Property”):

Parcel I:

BEGIN 500 feet South of the Northeast corner of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 2, Township 35 South, Range 17 East, Manatee County, Florida; thence West 604.43 feet to a point; thence South 130 feet to a point; thence East 605.72 feet to a point; thence North 130 feet to the PLACE OF BEGINNING; LESS that portion thereof lying within 42 feet of the survey line of S.R. 45, Section 13010, as described in Order of Taking recorded in Official Records Book 223, Page 671, of the Public Records of Manatee County, Florida, and in Deed recorded in Official Records Book 217, Page 433, of the Public Records of Manatee County, Florida.

Parcel II:

BEGIN at a point 500 feet South and 600 feet West of the Northeast corner of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 2, Township 35 South, Range 17 East, Manatee County, Florida; thence South 130 feet to a point; thence West 192 feet to a point; thence North 130 feet to a point; thence East 192 feet, more or less, to the POINT OF BEGINNING.

Parcel III:

The West 300 feet of the following described parcel, to wit: BEGINNING at a point 350 feet South of the Northeast corner of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 2, Township 35 South, Range 17 East, Manatee County, Florida; and thence South 150 feet to a point; thence West 792 feet to a point; thence North 150 feet to a point; thence East 792 feet, more or less, to the POINT OF BEGINNING.

Parcel IV:

The West 1/2 of Lot 2, LESS the South 5 feet thereof; and Lots 3 through 12, inclusive, LESS the South 5 feet thereof, GREGORY ESTATES, as per plat thereof recorded in Deed Book 276, Page 269, of the Public Records of Manatee County, Florida.

Parcel V:

Commence at the Northeast corner of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 2, Township 35 South, Range 17 East, Manatee County, Florida; thence South along the centerline of 14th Street West, 500 feet; thence West along the North line of lands of Friendly City Trail Park, 292 feet for the POINT OF BEGINNING; thence continue West along said North line, 200 feet; thence North parallel with said centerline, 150 feet; thence East 10 feet; thence South 140 feet; thence East 190 feet; thence South 10 feet to the POINT OF BEGINNING.

COLLECTIVELY DESCRIBED AS FOLLOWS:

Commence at the Northeast corner of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 2, Township 35 South, Range 17 East, Manatee County, Florida; run thence South 500 feet along the East boundary of the Northwest 1/4 of the Southwest 1/4; thence North 89° 55' 10” West, 47.73 feet to the West boundary of 14th Street West to the POINT OF BEGINNING; thence South 00° 16' 27” West, 33.10 feet along the West boundary of 14th Street West; thence South 00° 18' 33” West, 96.93 feet along the West boundary of 14th Street West; thence North 89° 59' 26” West, 119.14 feet; thence South 00° 52' 40” West, 25.04 feet; thence North 90° 00' 00” West, 630.08 feet along the North right-of-way line of 38th Avenue West; thence North 00° 32' 20” East, 305.00 feet along the East boundary of GREGORY ESTATES, according to the map or plat thereof as recorded in Deed Book 276, Page 269, of the Public Records of Manatee County, Florida; thence North 89° 59' 56” East, 309.95 feet; thence South 00° 26' 10” West, 140.00 feet; thence South 89° 59' 40” East, 190.13 feet; thence South 00° 25' 30” West, 9.98 feet; thence North 89° 56' 50” East, 167.37 feet; thence South 89° 55' 10” East, 81.10 feet to the POINT OF BEGINNING.

The Plaintiff's lien also encumbers the subject COLLATERAL, described as (the “Collateral”):

All buildings, structures, appurtenances, improvements, equipment, machinery, fixtures, goods, accounts, general intangibles, documents, deposit accounts, instruments and chattel paper, and all other personal property of every kind and description, whether now existing or hereafter acquired, now or at any time hereafter attached to, erected upon, situated in or upon, forming a part of, appurtenant to, used or useful in the construction or operation of or in connection with, or arising from the use or enjoyment of all or any portion of, or from any lease or agreement pertaining to, the Real Property (the “Premises”), including, without limitation:

(a) All buildings, structures and improvements now located or later to be constructed on the Premises (the “Improvements”); together with

(b) All existing and future appurtenances, privileges, easements, franchises and tenements of the Premises, including all minerals, oil, gas, other hydrocarbons and associated substances, sulfur, nitrogen, carbon dioxide, helium and other commercially valuable substances which may be in, under or produced from any part of the Premises, all development rights and credits, air rights, water, water rights (whether riparian, appropriative or otherwise, and whether or not appurtenant) and water stock, and any Premises lying in the streets, roads or avenues, open or proposed, in front of or adjoining the Premises and Improvements; together with

(c) All existing and future leases, subleases, sub-tenancies, licenses, occupancy agreements and concessions (“Leases”) relating to the use and enjoyment of all or any part of the Premises and Improvements, and any and all guaranties and other agreements relating to or made in connection with any of such leases; together with

(d) All real property and improvements on it, and all appurtenances and other property and interests of any kind or character that may be reasonably necessary or desirable to promote the present and any reasonable future beneficial use and enjoyment of the Premises and Improvements; together with

(e) All goods, materials, supplies, chattels, furniture, fixtures, equipment and machinery now or later to be attached to, placed in or on, or used in connection with the use, enjoyment, occupancy or operation of all or any part of the Premises and Improvements, whether stored on the Premises or elsewhere, including all pumping plants, engines, pipes, ditches and flumes, and also all gas, electric, cooking, heating, cooling, air conditioning, lighting, refrigeration and plumbing fixtures and equipment; together with

(f) All building materials, equipment, work in process or other personal property of any kind, whether stored on the Premises or elsewhere, which have been or later will be acquired for the purpose of being delivered to, incorporated into or installed in or about the Premises or Improvements; together with

(g) All of Debtor's interest in and to all operating accounts, the loan funds, whether disbursed or not, all reserves required by Secured Party, and any other bank accounts of Debtor; together with
i. All rights to the payment of money, accounts, accounts receivable, reserves, deferred payments, refunds, cost savings, payments and deposits, whether now or later to be received from third parties (including all earnest money sales deposits) or deposited by Debtor with third parties (including all utility deposits), contract rights, development and use rights, governmental permits and licenses, applications, architectural and engineering plans, specifications and drawings, as-built drawings, chattel paper, instruments, documents, notes, drafts and letters of credit (other than letters of credit in favor of Secured Party), which arise from or relate to construction on the Premises or to any business now or later to be conducted on it, or to the Premises and Improvements generally and any builder's or manufacturer's warranties with respect thereto; together with

ii. All insurance policies pertaining to the Premises and all proceeds, including all claims to and demands for them, of the voluntary or involuntary conversion of any of the Premises, Improvements or the other property described above into cash or liquidated claims, including proceeds of all present and future fire, hazard or casualty insurance policies and all condemnation awards or payments now or later to be made by any public body or decree by any court of competent jurisdiction for any taking or in connection with any condemnation or eminent domain proceeding, and all causes of action and their proceeds for any damage or injury to the Premises, Improvements or the other property described above or any part of them, or breach of warranty in connection with the construction of the Improvements, including causes of action arising in tort, contract, fraud or concealment of a material fact; together with

iii. All Debtor's right, title and interest in and to any swap transaction or interest rate agreement or interest rate hedging program through the purchase by Debtor from Secured Party of an interest rate swap, cap, or such other interest rate protection product (an agreement evidencing any such arrangement, an “Interest Rate Agreement”), all whether now or hereafter entered into by Debtor with respect to the Loan, including, without limitation, any and all amounts payable to Debtor, any deposit account or accounts with the Secured Party in the name of the Debtor for deposit of payments to Debtor in connection with any Swap Transaction, and any and all funds now or hereafter on deposit therein, and; together with

iv. All Debtor's rights in (i) all agreements heretofore or hereafter entered into relating to the construction, ownership, operation, management, leasing or use of the Premises or Improvements, (ii) any and all present and future amendments, modifications, supplements, and addenda to any of the items described in clause (i), (iii) any and all guarantees, warranties and other undertakings (including payment and performance bonds) heretofore or hereafter entered into or delivered with respect to any of the items described in clauses (i) through (ii), (iv) all trade names, trademarks, logos and other materials used to identify or advertise, or otherwise relating to the Premises or Improvements, and (v) all building permits, governmental permits, licenses, variances, conditional or special use permits, and other authorizations now or hereafter issued in connection with the construction, development, ownership, operation, management, leasing or use of the Premises or Improvements, to the fullest extent that the same or any interest therein may be legally assigned by Debtor; together with

v. All of Debtor's right, title, and interest in and to any and all units, declarant rights, and any other rights relating to the Premises or to Improvements, whether now existing or subsequently arising, under any laws now existing or subsequently arising relating to condominiums; together with

vi. All books and records pertaining to any and all of the property described above, including computer readable memory and any computer hardware or software necessary to access and process such memory (“Books and Records”); together with

vii. All proceeds of, additions and accretions to, substitutions and replacements for, and changes in any of the property described above.
at public sale, to the highest and best bidder, for cash, at www.manatee.realforeclose.com on OCTOBER 19, 2012, at 11:00 a.m.
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.
Michael V. Hargett, Esq.
Florida Bar # 044097
[email protected]
[email protected]
BARNETT, BOLT,
KIRKWOOD, LONG & McBRIDE
601 Bayshore Boulevard, Suite 700
Tampa, FL 33606
(813) 253-2020/
(813) 251-6711 (facsimile)
Attorneys for Plaintiff
Sept. 28; Oct. 5, 2012 12-2676M