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FIRST INSERTION
NOTICE OF SALE PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF
THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA
Case No.: 12-3872-CA
GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation,
Plaintiff, vs.
DEEP COVE, LLC, a Maryland limited liability company; BOAT HOUSE AT BOATER'S WORLD, LLC, a Maryland limited liability company,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure entered on February 21, 2013 in Case No. 12-3872-CA, in the Circuit Court of the Twentieth Judicial Circuit in and for Charlotte County, Florida, that Barbara T. Scott, Clerk of Court, will sell to the highest and best bidder for cash online at www.charlotte.realforeclose.com on May 30, 2013, at the hour of 11:00 a.m. EDT, the property described as follows:
See Exhibit “A” attached hereto.
EXHIBIT “A”
PARCEL 1:
That portion of Lots 2 and 3 lying Southwesterly of the Southwesterly right-of-way line of U.S. Highway 41 (aka State Route 45), all of Lots 4, 5 and 6, Block 19, CHARLOTTE HARBOR, according to the plat as recorded in Plat Book 1, Page 29 of the Public Records of Charlotte County, Florida, together with all of the vacated alley lying between Lots 3 and 4, and the Easterly Half of the vacated alley lying Westerly of Lots 2 through 6 as described in Official Records Book 30, Page 283 and the Westerly Half of vacated Pine Street lying Easterly of Lots 4 through 6 as described in Official Records Book 759, Page 1110 of the Public Records of Charlotte County, Florida.
PARCEL 2:
Lots 7, 8, 9, 10, 11 and 12, Block 19, CHARLOTTE HARBOR, a Subdivision according to the Plat thereof, recorded in Plat Book 1, Page 29, at the Public Records of Charlotte County, Florida, together with all of the vacated alley lying between Lots 9 and 10, along with the West One-Half of the vacated alley adjacent to the above described lots, LESS certain real property as described in that right-of-way Deed to the State of Florida recorded in Deed Book 43 at Page 239, of the Public Records of Charlotte County, Florida, conveying that portion of Block 19, described as follows:
That part of Lots 1, 2, 3, 11 and 12 of Block 19 of GIDDENS ADDITION TO CHARLOTTE HARBOR, as shown on Plat as recorded in Plat Book 1, Page 29, of the Public Records of Charlotte County, Florida, described as follows:
Begin at the Southeast corner of Lot 3, Block 19 above described Giddens Addition thence run West along the South line of said Lot 3 a distance of 18.8 feet; thence North 38°56' West 170 feet more or less to the West line of said Lot 2 of said Block 19; thence North along the West line of Lots 2 and 1 of said Block 19, a distance of 103.5 feet to the Northwest corner of said Lot 1; thence East along the North line of said Lot 1, a distance of 157 feet to the Northeast corner of said Lot 1; thence South along the East line of Lots 1, 2 and 3 a distance of 189 feet to the Southeast corner of Lot 3, Block 19, the Point of Beginning of land herein described. ALSO begin at the Northeast corner of Lot 12 of Block 19 of above described Giddens Addition; thence run South along the East line of Lot 12 and 11 of Block 19 a distance of 95.2 feet; thence run North 38°56' West 180 feet more or less to the North line of Lot 12 at a point 2.0 feet East of the Northwest corner of said Lot 12; thence run East along the North line of said Lot 12 a distance of 155 feet to the Northeast corner of said Lot 12, the Point of Beginning.
Together With:
All tangible personal property, intangible personal property and fixtures described in the Loan Documents (as described and defined in the Complaint filed in this action) including, but not limited to: that certain Mortgage and Security Agreement dated December 28, 2006, and recorded on January 2, 2007, in Book 3091, Page 1599, of the Public Records of Charlotte County, Florida and attached to the Complaint as Exhibit “C”; that certain Assignment of Leases and Rent dated December 28, 2006, and recorded on January 2, 2007, in Book 3091, Page 1622, of the Public Records of Charlotte County, Florida and attached to the Complaint as Exhibit “D”; that certain UCC-1 Financing Statement filed with the State of Maryland Department of Assessments and Taxation and assigned Work Order Number 0001345148, and attached to the Complaint filed in this action as part of Composite Exhibit “E”; that certain UCC-1 Financing Statement recorded in Book 3091, Page 1629 of Public Records of Charlotte County, Florida, and attached to the Complaint filed in this action as part of Composite Exhibit “E”, all of the foregoing as assigned, assumed, amended and continued.
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 Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, 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 4 day of March, 2013.
(SEAL) by: Jennifer Miles
Deputy Clerk
Baker, Donelson, Bearman,
Caldwell & Berkowitz, PC
390 North Orange Avenue, Suite 1875
Post Office Box 1549 (32802)
Orlando, Florida 32801
Telephone: 407-367-5426
Facsimile: 407-841-0325
Primary Email:
[email protected]
Secondary Emails:
[email protected]
[email protected]
March 8, 15, 2013 13-00238T