13-02430S

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 2012 CA 007411 NC
FLORIDA COMMUNITY BANK, National Association,
Plaintiff, vs.
JOHN P. KONECNIK, JR., an
individual; STEPHEN A.
WITZER, AS TRUSTEE U/A DATED FEBRUARY 7, 1985; PAECIA S. WEINSTEIN, TRUSTEE U/A/D MARCH 7, 1991; DONNA J. DOOLEY; DAVID C. FREUND, TRUSTEE U/A/D AUGUST 11, 1993; WILLIAM A. DOOLEY, IRA; SARASOTA COUNTY BOARD OF COUNTY COMMISSIONERS; JOHN DOE AS UNKNOWN
TENANT; JOHN DOE AS
UNKNOWN PARTY IN
POSSESSION; and ANY AND ALL OTHERS CLAIMING BY, THROUGH OR UNDER SAID DEFENDANTS,
Defendants.
Notice is hereby given that, pursuant to the Uniform Final Judgment of Foreclosure, entered in this cause on May 14, 2013, the Clerk of this Court will sell the real and personal property (collectively the “Property”) situated in Sarasota County, Florida, described as:
A parcel of land lying in Section 35, Township 38 South, Range 18 East, Sarasota County, Florida and being those lands described in O.R. Book 1738, Pages 518 & 520, O.R. Book 1537, Page 1443 and O.R. Book 1571, Page 1754, all of the Public Records of Sarasota County, Florida. The three (3) parcels are contiguous to each other and are more fully and completely described as one (1) Parcel as follows:

Commence at a cross-cut in the sea wall on the West side of Little Sarasota Bay and on the South line of said Section 35, thence, along the South line of said Section 35, South 89º47'57” West, (on an assumed bearing) 240.54 feet to a nail, thence North 16º05'03” West, 887.26 feet to a ¾” iron pipe, thence North 15º48'55” West, 100.26 feet to a 5/8” iron rod in a brass pipe, thence, North 13º43'24” West, 149.66 feet to a capped ¾” iron pipe and to the POINT OF BEGINNING; thence, along the Easterly line of Casey Key Road for the next three (3) calls, North 16º434'55” West, 100.24 feet to a Railroad Spike, thence, North 07º46'07” West, 81.16 feet to a Railroad Spike, thence, N 04º01'38” West, 88.62 feet to a Railroad Spike, thence S 89º58'54” East, 137.42 feet to a Railroad Spike, thence, N 54º35'44” East, 27.13 feet to a P.K. Nail, thence, along the Westerly line of a canal and wood dock for the next two (2) calls, South 14º08'21” East, 182.17 feet to a Nail and Disc, thence South 10º46'55” East, 98.03 feet, thence North 89º51'30” West, 176.00 feet to the POINT OF BEGINNING.

And the personal property collateral described on Exhibit “A” attached hereto and incorporated herein by reference.
EXHIBIT “A” TO UNIFORM
COMMERCIAL CODE
FINANCING STATEMENT
All buildings, structures, and other improvements now or hereafter located on, above or below the surface of the land described on the continuation page of this Exhibit A (Herein the Premises), or any part or parcel thereof; and

All rights, title and interest of Debtor in and to the minerals, soil, 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

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 Debtor, and including ail 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

All permits and licenses relating to the Premises. All rights and interests in fictitious names and trade names.

All machinery, apparatus, equipment, fittings, fixtures, affixed or or constructively attached to the Premises and including all trade, domestic and ornament fixtures, and articles of personal property of every kind and nature whatsoever, now or hereafter located in, upon or under the Premises or any part thereof and used or usable in connection with any present or future operation of the Premises and now owned or hereafter acquired by Debtor, 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 Debtor hereunder, or under any Loan Agreement or any other instrument securing any and all Notes given by Debtor to Lender.

All of Debtor'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 Debtor during the life of the Loan 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 Debtor 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 shalt. upon expiration of Debtor'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

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 the Loan at the date of receipt of any such award or payment by Lender and of the reasonable attorney's fees, costs and disbursements incurred by Lender in connection with the collection of such award or payment; and

All of the right, title and interest of Debtor 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 Loan, 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.

All inventory, raw materials, work in process and supplies now owned or hereafter acquired.

All accounts receivable now outstanding or hereafter arising.

All contract rights now in force or hereafter acquired.

All general intangibles and products derived from the foregoing.
EXHIBIT A
at public sale, to the highest and best bidder, for cash, on June 18, 2013, at 9:00 a.m., at www.sarasota.realforeclose.com in accordance with Chapter 45, Florida Statutes.
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 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.
Dated: May 24, 2013
J. MARTIN KNAUST
Florida Bar No. 84396
Primary: [email protected]
Secondary:[email protected]
ADAMS AND REESE LLP
150 Second Avenue North, Suite 1700
St. Petersburg, FL 33701
Telephone: (727) 502-8296
Facsimile: (727) 502-8950
Attorneys for Plaintiff
28905963-1
May 31; June 7, 2013 13-02430S

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