13-02383M

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA
CASE NO.: 2012 CA 007197 AX
CADENCE BANK, N.A., successor by merger To SunCoast Bank,
vs.
CYPRESS DEVELOPMENT COMPANY OF MANATEE, a Florida corporation, SUN BAY PROPERTIES, INC., a Florida
Corporation, KENNETH C. MCKEITHEN, an individual, LAURA B. MCKEITHEN, an individual, Unknown Tenant 1, Unknown Tenant 2, Unknown Tenant 3, Unknown Tenant 4, Unknown Tenant 5, Unknown Tenant 6, Unknown Tenant 7,
Unknown Tenant 8, as Unknown tenants or parties in possession, and all other unknown parties claiming by through or under named defendants,
Defendants,
NOTICE IS HEREBY GIVEN that the undersigned, the Clerk of the Circuit Court for Manatee County, Florida, under and pursuant to the Uniform Final Judgment of Mortgage Foreclosure heretofore entered on the 21st day of June, 2013, in that certain cause pending in the Circuit Court of the Twelfth Judicial Circuit, in and for Manatee County, Florida, being Civil Action No. 2012 CA 007197 AX, in which CADENCE BANK, as successor to Suncoast Bank, is the Plaintiff and Cypress Development Company of Manatee, a Florida corporation; Sun Bay Properties, Inc., a Florida corporation, Kenneth C. McKeithen, Laura B. McKeithen, and Unknown Tenants 1 through 8, are the Defendants and under and pursuant to the terms of the said Uniform Final Judgment of Mortgage Foreclosure will offer for sale at public outcry to the highest and best bidder for cash, except as set out hereinafter, via the Internet at www.manatee.realforeclose.com, on the 8 day of August, 2013, at the hour of 11:00 a.m., the same being a legal sales day and the hour a legal hour of sale, the real and personal property situated in Manatee County, Florida and legally described as follows:
Sun Bay Property Legal Description:

LOTS 1 THROUGH 8, OF BLOCK 25, PELOT'S ADDITION TO MANATEE, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 77, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
TOGETHER WITH THE VACATED ALLEY THAT RUNS EAST AND WEST FROM 24TH STREET EAST TO 25TH STREET EAST AND TOGETHER WITH THE WEST ½ OF THE VACATED PORTION OF 25TH STREET EAST LYING EAST OF AND ADJACENT TO THE ABOVE DESCRIBED PROPERTY AS DESCRIBED IN RESOLUTION NO. 98-24 RECORDED IN OFFICIAL RECORDS BOOK 1550, PAGE 7864, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.


Including all personal property further described in Exhibit “1” attached hereto.

EXHIBIT 1
A. All buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Real Estate Security, and 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 the Improvements thereto, 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 of any deposits or payments nor or hereafter made on such personal property or fixtures by Debtor or on its behalf;

B. 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 belongings, relating or appertaining to the Real Estate Security, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now or hereafter acquired by Debtor, 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 Debtor of, in and to the same;

C. All rents, royalties, issues, profits, revenue, income and other benefits from the Real Estate Security;

D. All right, title and interest of Debtor in and to any and all leases now or hereafter on or affecting the Real Estate Security whether written or oral and all agreements for use of the Real Estate Security whether written or oral and all agreements for use of the Real Estate Security, together with all security therefore and all monies payable thereunder;

E. All fixtures and articles of property now or hereafter owned by Debtor and forming a part of or used in connection with the Real Estate Security or the operation thereof, including, but without limitation, any and all air conditioners, antennae, appliances, apparatus, awnings, basins, bathtubs, boilers, bookcases, cabinets, carpets, coolers, curtains, dehumidifiers, disposals, doors, drapes, dryers, ducts, dyamos, 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 therefore, whether or not the same are or shall be attached to the Real Estate Security in any manner; it being mutually agreed that all of the aforesaid property owned by Debtor and placed on the Real Estate Security shall, so far as permitted by law, be deemed to be fixtures, a part of the security for the Indebtedness;

F. 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 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; 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 Borrower, 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;

H. All of Borrower's right, title interest and privileges arising under all contracts, permits and incenses entered into or obtained in connection with the development of the Improvements or operation of the Real Estate Security and/or Borrower'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, the Plans and Specifications, and plats, and all contracts and agreements for the furnishing of utilities;

I. 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; and

J. 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; any proceeds of any and all policies of insurance maintained with respect to the Real Estate Security or the Improvements, or proceeds of any sale, option or contract to sell the Real Estate Security or any portion thereof.

K. All investment property;

L. All Deposit Accounts;

M. All letter of credit rights;

N. All proceeds of the foregoing (herein “Proceeds”).
The property aforesaid, together with all improvements, buildings, fixtures, tenements, hereditaments and appurtenances thereto belonging, or in anywise appertaining, is being sold to satisfy Cadence's claims under said Judgment.
Any person claiming 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.
Dated this 12th day of July, 2013.
By: Gary M. Carman, Esq.
Florida Bar No.: 179409
[email protected]
Richard Danese, Esq.
Florida Bar No.: 58458
[email protected]
Gray Robinson, P.A.
Attorneys for Plaintiff
1221 Brickell Avenue, Suite 1600
Miami, Florida 33131
Phone: (305) 416-6880
Facsimile: (305) 416-6887
3350526 # 1054957 v1
July 19, 26, 2013 13-02383M

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