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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR MANATEE COUNTY, FLORIDA
GENERAL CIVIL DIVISION
CASE NO: 2012-CA-002699
CEDAR KEY ASSOCIATES, L. P., A New York Limited Partnership,
Plaintiff, vs.
STANK, LLC, a Florida Limited Liability Company, and I.M.G. ENTERPRISES, INC., a Florida Corporation,
Defendants.
NOTICE IS hereby given that, pursuant to the Final Judgment of Mortgage Foreclosure entered in this cause on January, 3, 2013, I, Richard B. “Chips” Shore, III, the Clerk of the Circuit Court, In and For Manatee County, Florida, will sell the property situated in Manatee County, Florida described on Exhibit A attached hereto and incorporated herein, to the highest and best bidder, for cash, at the Public Auction website of Manatee County, www.manatee.realforeclose.com, Manatee County Judicial Center/Cashier Room 2700, 2nd Floor, 1051 Manatee Avenue West, Bradenton, Florida 34205, in accordance with section 45.031, Florida Statutes, on the 6th day of February, 2013.
EXHIBIT A
The real property described as Parcel 1; Parcel A-I; and Parcel 2, below, together with all of the below described appurtenances and personal property:
Parcel 1:
FROM THE WEST QUARTER CORNER OF SECTION 9, TOWNSHIP 34 SOUTH, RANGE 18 EAST, RUN N 19Ëš 58'59” E, A DISTANCE OF 11.70 FEET, TO THE CENTERLINE INTERSECTION OF TWO DITCHES MENTIONED IN O.R. BOOK 636, PAGE 790, ALSO BEING THE POINT OF BEGINNING; THENCE N 89Ëš 22'22” W, ALONG SAID CENTERLINE, A DISTANCE OF 1304.44 FEET, TO THE INTERSECTION WITH A LINE PARALLEL TO AND PERPENDICULARLY DISTANT 20 FEET EAST OF THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 34 SOUTH, RANGE 18 EAST; THENCE N 00Ëš 49'31” E, ALONG SAID LINE, A DISTANCE OF 1353.39 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF 29TH STREET EAST (FORMER RAILROAD RIGHT OF WAY), AS DESCRIBED IN O.R. BOOK 801, PAGE 571; THENCE S 89Ëš 14' 35” E, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 1287.39 FEET, TO THE INTERSECTION WITH THE WEST LINE OF SECTION 9, TOWNSHIP 34 SOUTH, RANGE 18 EAST; THENCE S 00Ëš 16'11” W, ALONG SAID WEST LINE, A DISTANCE OF 702.18 FEET, TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9; THENCE N 89Ëš 54'37” E, A DISTANCE OF 1339.46 FEET, TO THE NORTHEAST CORNER OF SAID SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE N 89Ëš 54'37” E, ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9, A DISTANCE OF 38.67 FEET, TO THE WESTERLY LIMITED ACCESS RIGHT OF WAY LINE OF INTERSTATE 75, ALSO BEING A POINT ON A CURVE TO THE LEFT WHOSE RADIUS POINT LIES N 83Ëš 44'20” E, A DISTANCE OF 5903.58 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 1190.28 FEET, THROUGH A CENTRAL ANGLE OF 11Ëš 33'07”, ALSO BEING SAID WESTERLY LIMITED ACCESS RIGHT OF WAY LINE, TO THE END OF SAID CURVE; THENCE S 13Ëš 48'58” E, A DISTANCE OF 492.44 FEET, ALONG SAID WESTERLY LIMITED ACCESS RIGHT OF WAY LINE; THENCE S 05Ëš 30'33” E, A DISTANCE OF 303.78 FEET, ALONG SAID LIMITED ACCESS RIGHT OF WAY LINE; THENCE S 11Ëš 05'33” W, A DISTANCE OF 41.10 FEET; ALONG SAID WESTERLY LIMITED ACCESS RIGHT OF WAY LINE, TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 9; THENCE N 89Ëš 53'29” W, ALONG SAID SOUTH LINE, A DISTANCE OF 432.88 FEET, TO THE SOUTHWEST CORNER OF SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4 ; THENCE N 89Ëš 53'29” W, A DISTANCE OF 1340.82 FEET, TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 9; THENCE N 00Ëš 25'22 E, ALONG THE CENTERLINE OF A DITCH MENTIONED IN O.R. BOOK 636, PAGE 790, A DISTANCE OF 1329.22 FEET, TO THE POINT OF BEGINNING, LYING AND BEING IN SECTIONS 8 AND 9, TOWNSHIP 34 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA.
PARCEL A-1:
TOGETHER WITH a non-exclusive easement for ingress and egress over the Westernmost 20 feet of the SE 1/4 of the NE 1/4 of Section 8, Township 34 South, Range 18 East, Manatee County, Florida, set forth in Boundary Agreement and Quit Claim Deed recorded in Official Records Book 636, Page 790, of the Public Records of Manatee County, Florida.
PARCEL 2:
The North 1/2 of the Southwest 1/4 of the Northwest 1/4 , Section 9, Township 34 South, Range 18 East, Manatee County, Florida, LESS any portion thereof within the former right-of-way of the Tampa Southern Railroad Company.
TOGETHER with all buildings, structures, and other improvements now or hereafter located on, above or below the surface of the Premises, or any part and parcel thereof; and
TOGETHER with all rights, title, and interest of Mortgagor in and to the minerals, soils, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the Premises or under or above the same or any part or parcel thereof; and
TOGETHER with all and singular the tenements, hereditaments, easements, and appurtenances thereunto belonging or in any wise appertaining to the Premises, whether now owned or hereafter acquired by Mortgagor, and including all rights of ingress and egress to and from adjoining property (whether such rights now exist or subsequently arise) together with any reversion or reversions, remainder or remainders, rents, issues and profits thereof; and
TOGETHER with all machinery, apparatus, equipment, fittings, fixtures, affixed or constructively attached to the Premises and including all trade, domestic and ornament fixtures, now or hereafter located in, upon or under the Premises and used or usable in connection with any present or future operation of the Premises and now owned or hereafter acquired by Mortgagor (herein the “Equipment”), including, but without limiting the generality of the foregoing, 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 communications apparatus, boilers, ranges, furnaces, oil burners, or units thereof, appliances, 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 land, and any deposits for taxes and assessments, or any other sums to be paid by Mortgagor hereunder, or under the Loan Agreement dated or even date herewith (herein “Loan Agreement” (capitalized terms not otherwise defined in this Mortgage shall have the definitions ascribed to them under the Loan Agreement)) or any other instrument securing the Note.
TOGETHER with Mortgagor's interest as lessor in and to any and all leases of the Premises, or any part thereof, heretofore made and entered into, and in and to all leases hereafter made and entered into by Mortgagor during the life of this Mortgage or any extension or renewal hereof, together with any and all guarantees thereof and including all present and future security deposits and advance rentals reserving to Mortgagor its equity of redemption rights herein provided and hereby intending that in case of foreclosure sale, the lessor's interest in any such leases then in force shall, upon expiration of Mortgagor's right of redemption, pass to the purchaser at such sale as a part of the Premises; subject to election by the purchaser to terminate or enforce any of such leases hereafter made; and
TOGETHER with 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 any street, or (c) any other injury to, taking of, or decrease in the value of, the Premises to the extent of all amounts which may be secured by this Mortgage at the date of receipt of any such award or payment by Mortgagee and of the reasonable attorney's fees, costs and disbursements incurred by Mortgagee in connection with the collection of such award or payment; and
TOGETHER with all of the right, title and interest of Mortgagor in and to all uneamed premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of the Mortgage, and all proceeds or sums payable for the loss of or damage to (a) any property encumbered hereby. or (b) rents, revenues, income, profits, or proceeds from franchises, concessions or licenses of or on any part of the Premises.
A. All fixtures, machinery, appliances, equipment, furniture, and personal property of every nature whatsoever now or hereafter owned by Debtor 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 Security, or in connection with any construction being conducted or which may be conducted thereon, and owned by Debtor, including all extensions, additions, improvements, betterments, renewals, substitutions, and replacements to any of the foregoing and all of the right, title and interest of Debtor in and to any such personal property or fixtures together with the benefit or any deposits or payments nor or hereafter made on such personal property or fixtures by Debtor 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 Debtor from a factor or other forms of obligations and receivables now existing or hereafter arising out of the business of Debtor, 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 Debtor, 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 Debtor's right, title interest and privileges arising under all contracts, permits and licenses entered into or obtained in connection with the development of the Improvements or operation of the Real Estate Security and/or Debtor's business as now or hereafter conducted, including by way of example and not in limitation: all variances, plat approvals, development credits, permits, entitlements, licenses and franchises granted by municipal, county, state and federal Governmental Authorities, or any of their respective agencies;
E. 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 Estate Security;
F. All judgments, awards of damages and settlements hereafter made resulting from condemnation proceeds or 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”).
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 accommodations 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 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Dated this 11th day of January, 2013.
/s/ Edward Vogler II
EDWARD VOGLER II, ESQUIRE
Florida Bar No. 0380970
Vogler Ashton, PLLC
2411 - A Manatee Avenue West
Bradenton, Florida 34205
(941) 388-9400
(941) 866-7648 Facsimile
Attorney for Plaintiff
January 18, 25, 2013 13-00174M