-
-
Loading
Loading
FIRST INSERTION
AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
Case No: 2011-CA-007412 NC
SUNTRUST BANK,
Plaintiff, vs.
MICHAEL P. EVANS, D.D.S., P.A.,
MICHAEL P. EVANS, LISA C. EVANS, THE BANK OF COMMERCE AND RIDGEGATE MEDICAL CENTER CONDOMINIUM ASSOCIATION, INC.
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure entered by this Court on April 19, 2012 and Ex Parte Order Rescheduling Foreclosure Sale, in Case No.: 2011-CA-007412 in the Circuit Court of the Twelfth Circuit in and for Sarasota County, Florida, in which SunTrust Bank is the Plaintiff, and Michael P. Evans, D.D.S., P.A., Michael P. Evans and Lisa C. Evans, (individually), The Bank of Commerce, Ridgegate Medical Center Condominium Association are Defendants, the Clerk of Court will sell to the highest and best bidder for cash at the sale held online at www.sarasota.realforeclose.com at 9:00 a.m. on March 5, 2013; the following described property as set forth in the Final Judgment, to wit:
PROPERTY DESCRIPTION:
SEE EXHIBIT 1
ATTACHED HERETO
EXHIBIT “1”
Unit 201, RIDGEGATE MEDICAL CENTER A CONDOMINIUM ACCORDING TO THE DECLARATION OF CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 2728, PAGE 779, AND AS AMENDED, AND AS PER PLAT THEREOF AS RECORDED IN CONDOMINIUM PLAT BOOK 30, PAGES 36, 36A THROUGH 36C, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA
Together with
All of the assets of Michael P. Evans, D.D.S., P.A., including without limitation its accounts, inventory, furniture, equipment, goods, deposit accounts, instruments, documents, commercial tort claims, letter of credit rights, investment property, chattel paper and general intangibles.
Together with
All of the property described on the attached Exhibit “A”
EXHIBIT “A”
(Personal Property)
1. All fixtures and articles of property now or hereafter attached to, or used or adapted for use in the operation or maintenance of, the Property (whether such items be leased, be owned absolutely or subject to any title retaining or security instrument, or be otherwise used or possessed), including without limitation all heating, cooling, air conditioning, venilating, refrigerating, plumbing, generating, power/lighting, laundry, maintenance, incinerating, lifting, cleaning, fire prevention and extinguishing, security and access control, cooking, gas, electric and communication fixtures, equipment and apparatus, all water, sanitary and storm sewer systems, sanitary sewer lines, mains, laterals, manholes, all engines, motors, conduits, pipes, pumps, tanks, ducts, compressors, boilers, water heaters and furnaces, all ranges, stoves, disposers, refrigerators and other appliances, all escalators and elevators, all cabinets, partitions, mantels, built-in mirrors, window shades, blinds, screens, awnings, storm doors, windows and sash, all carpeting, underpadding and draperies, all equipment, all furnishings of public spaces, halls and lobbies, and all shrubbery and plants; all of which items shall be deemed part of the real property and not severable wholly or in part without material injury to the freehold, provided, however, that personal property and trade fixtures owned or supplied by tenants of the Property with the right of removal at the termination of their tenancies shall not be included within the scope of this Paragraph,
2. All present an future contracts and policies of insurance which insure the Property or any building, structures or improvements thereon, or any such fixtures or personal property, against casualties and theft, and all monies and proceeds and rights thereto which may be or become payable by virtue of any such insurance contracts or policies,
3. All permits and licenses, easements, all access, air and development rights, all minerals and oil, gas and other hydrocarbon substances, all royalties, all water and water rights and all other rights, hereditaments, privileges, permits, licenses, franchises, contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon or operation of the Property, and appurtenances now or hereafter belonging or in any way appertaining to the Property;
4. All rights, title and interest in and to the materials, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter in, upon or under the Property,
5. All paving for streets, roads, walkways or entrance ways,
6. All of the rents, revenues, issues, profits and income of the Property, whether under leases or tenancies now existing or hereafter created, including any collateral assignment of leases, rents and/or profits (or the like) of even date herewith between Debtor and Secured Party (“Assignment”) reserving only the right to the Debtor to collect the same so long as the Debtor is not in default (subject to the qualifications set forth in the Assignment) and so long as the same are not subject to garnishment, levy, attachment or lien, and all right, title and interest of Debtor in and to all present and future leases and other agreements for the occupancy or use of all or any part of the Property, all interest in all utility security deposits or bonds and all right, title and interest of Debtor thereunder, including without limitation all cash or security deposits, advance rentals and deposits or payments of similar nature, and all right, title and interest of Debtor in and to all present and future management agreements or contracts regarding the Property.
7. All general intangibles relating to the development or use of the Property, including without limitation all permits, licenses and franchises, all names under or by which the Property may at any time be operated or known, and all rights to carry on business under any such names or any vacant thereof, and all trademarks, trade names, logos and good will in any way relating to the Property.
8. All shares of stock or other evidence of ownership of any part of the Property that is owned by Debtor in common with others, and all documents of membership in any owners' or members' association or similar group having responsibility for managing or operating any part of the Property;
9. All awards, compensation and settlements in lieu thereof made as a result of the taking by power of eminent domain of the whole or any part of the Property, including any awards for damages sustained to the Property for a temporary taking, change in grade of streets or taking of access,
10. All electronic chattel paper, investment property, deposit accounts, and letter of credit rights relating to the Property now owned or hereto acquired by Debtor; and
11. All products and proceeds of all of the foregoing
except as herein before set forth, in accordance with Fla.Stat. §45.031. Said sale will be made pursuant to and in order to satisfy the terms of the Final Judgment.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, 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.
Mark J. Bernet
Florida Bar Number: 606359
AKERMAN SENTERFITT
SunTrust Financial Centre, Suite 1700
401 E. Jackson Street
Tampa, FL 33602-5250
Phone: (813) 223-7333
Fax: (813) 223-2837
E-mail: [email protected]
Attorneys for Plaintiff
February 15, 22, 2013 13-00510S