13-00744S

FIRST INSERTION
NOTICE OF SALE
in the CIRCUIT court OF THE TWELFTH JUDICIAL CIRCUIT
in and for
SARASOTA county, florida
Case No. 2012-CA-000176-NC
CADENCE BANK, N.A., successor by merger to SUPERIOR BANK, NATIONAL ASSOCIATION,
Plaintiff, v.
MAPLE TREE INVESTMENTS, INC., a Florida corporation, JAMES L. ROBISON, WESTCOAST BLACK THEATRE TROUPE OF
FLORIDA, INC. a Florida corporation, and SARASOTA FENCING ACADEMY & CLUB, INC., a Florida corporation
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Mortgage Foreclosure entered in the above-styled case, number 2012-CA-000176-NC in the Circuit Court of Sarasota County, Florida, that I, Karen Rushing, Sarasota County Clerk, will sell the following property situated in Sarasota County, Florida, described as:
EXHIBIT “A”
LEGAL DESCRIPTION

Real Property:

PARCEL 1:
Lots 1, 2, 3, 4, 5, 6 and 8, Binz Subdivision, as per plat thereof recorded in Plat Book 3, Page 77, of the Public Records of Sarasota County, Florida, and from the SW corner of the SW1/4 of SE1/4 on centerline of Orange Avenue, proceed East 30 feet for a Point of Beginning; thence North along the East right of way line of Orange Avenue, 141.5 feet to the South line of 18th Street; thence East 10 feet; thence South 141.5 feet; thence West along Section line 10 feet to the Point of Beginning, LESS, however, the East 30 feet of Lot 8.

PARCEL 2

Beginning at a point on the Eastern line of Orange Avenue distant 30 feet Southwardly, measured radially, from the center line of the roadbed of the party of the first part's former Hog Creek Spur running thence Eastwardly; concentric with said center line, 675 feet to a point on the Eastern line of Elsby Avenue, which point is also on the Northern line of the NW1/4 of the NE1/4 of Section 19, Township 36 South, Range 18 East; thence Westwardly along said Northern line of the NW1/4 of the NE1/4 of Section 19, 670 feet to a point on the Eastern line of said Orange Avenue; thence Southwardly along said avenue line 80 feet to the Point of Beginning.

LESS: However, any portion of the above described property lying within the boundaries of Lots 1, 2, 3 and 4, Block A, Petroutsa Subdivision, as per plat thereof recorded in Plat Book 1, Page 18 of the Public Records of Sarasota County, Florida

ALSO LESS: A parcel of land lying in Lots 1, 8 and in the former Railroad right of way deeded to the City of Sarasota, Florida (right of way for Orange Avenue), more particularly described in instrument recorded in Official Records Book 2277, Page 2731, of the Public Records of Sarasota County, Florida

Together with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, including replacements and additions thereto.

Personal Property:

The following whether now owned or hereafter acquired:

All minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the Property described on Exhibit A hereto (herein referred to as “Property”) or under or above the same or any part or parcel thereof.

All machinery, apparatus, equipment, fittings, fixtures, actually or constructively attached to the Property and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon or under the Property or any part thereof and used or usable in connection with any present or future operation of the Property, 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; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades, awnings; screens; storm doors and windows; stoves; wall beds; built in 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 Property and intended to be installed therein, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilation appliances and equipment; together with all additions and accessions thereto and replacements thereof.

All of the water, sanitary and storm sewer systems which are now or hereafter located by, over, and upon the Property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances.

All paving for streets, roads, walkways or entrance ways now or hereafter located on the Property or any part or parcel thereof.

All interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof, heretofore made or entered into, and in and to all leases or rental arrangements hereafter made and entered into, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.

All rights under agreements to sell or otherwise convey the Property or any collateral listed herein and all cash and noncash proceeds thereof, including purchase money, promissory notes and installment sales agreements, and any rights in collateral or guaranties securing any such notes or other proceeds.

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 Property, all improvements thereof and other collateral in this Exhibit.

All unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property, any improvements thereto, or the collateral described herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.

All contracts and contract rights, accounts receivable and general intangibles arising from contracts entered into in connection with development, construction upon, operation or sale of part or all of the Property, including contract or sales deposits, and all proceeds thereof.

All rights to any fictitious or other names or trade names used in conjunction with the property.

All furniture, furnishings, appliances and equipment and all other tangible personal property now or hereafter owned or acquired and now or hereafter located or installed at or in any other improvements on the Property or elsewhere at or on the Property, together with all accessories and parts now attached or used in connection with any such property or which may hereafter at any time be place in or added thereto and also any and all replacements and proceeds of any such Property.

All architectural and engineering plans and specifications, surveys, site plans, appraisals, feasibility studies and development proposals, building permits, easements, licenses, permits, agreements and other general intangibles now or hereafter existing pertaining to the Property.

All rights under payment, performance, and other types of bonds relating to the ownership, development, construction or operation of the Property or any improvements thereto and all rights under governmental and nongovernmental permits, licenses and agreements relating to the ownership, development, construction or operation of the Property or improvements thereto, including rights under any land sale or condominium registrations, development orders and other agreements, permits, orders or rights relating to land use.

All rights under any covenants or restrictions, party wall agreements, set back agreements, cross easement agreements and similar agreements now or hereafter affecting the Property, including the right to grant waivers and releases and all other rights of the owner or declarant thereunder.

All substitutions for, amendments to or modifications, extensions or renewals of any collateral described herein and all proceeds thereof, in whatever form.
at public sale, to the highest and best bidder for cash, via the internet: WWW.SARASOTA.REALFORECLOSE.COM, at 9:00 a.m. on March 26, 2013
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.
In accordance with the Americans With Disabilities Act, persons needing a reasonable accommodation to participate in this proceeding should contact the Clerk of the Circuit Court no later than seven business days prior to the proceeding at the Sarasota County Courthouse. Telephone 941-861-7425 (Sarasota and Venice) or 1-800-955-8770 via Florida Relay Service.
Dated this 19th day of February, 2013.
Karen E. Rushing,
Clerk of the Circuit Court
Robert C. Schermer
P.O. Box 551
Bradenton, Florida 34206
941-747 1871/941-747-2991 (fax)
Attorneys for Plaintiff
March 1, 8, 2013 13-00744S

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