13-00793M

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CASE NO.: 2012-CA-5940
AMERICAN MOMENTUM BANK,
Successor in interest to LANDMARK BANK
OF FLORIDA,
Plaintiff, vs.
MAGNUM HOLDINGS, LLC, a Florida limited liability company; TRADEMARK ALUMINUM
INC., a Florida corporation; JAMES P. NEIPERT; NEPAHUT, INC., a Florida corporation; UNKNOWN TENANT IN POSSESSION #1; AND ALL PARTIES HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Foreclosure of Plaintiff, American Momentum Bank, Successor in Interest to Landmark Bank of Florida, and determination of reasonable attorney's fees entered in the above-styled case number 2012 CA 5940, in the Circuit Court of Manatee County, Florida, that I, R. B.”CHIPS” SHORE, Manatee Clerk of the Court, will sell the following property situated in Manatee County, Florida, described as:
a. County: Manatee
b. Property Address: See below
c. Legal Description:
LOT 22, BLOCK D, WHITFIELD INDUSTRIAL PARK, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 16, PAGES 46 through 49, OF PUBLIC RECORD OF MANATEE COUNTY, FLORIDA

hereinafter referred to as “Mortgaged Property” and/or “Property”,

Together with all:

(a) Improvements, Fixtures, Personal Property. All buildings, structures, and improvements situated on the Mortgaged Property, and all fixtures or appurtenances erected on the Mortgaged Property, and all machinery, equipment and personal property (including any construction and building materials) of every nature whatsoever including all furniture, furnishings, goods, equipment and inventory, together with any proceeds thereof and any replacements thereof located on the Mortgaged Property, together with all and singular the tenements, hereditaments, easements and appurtenances thereunder belonging or in any way appertaining, and the rents, issues and profits thereof, and also all the estate, right, title, interest and all claims and demands of MAGNUM HOLDINGS, LLC, a Florida limited liability company; TRADEMARK ALUMINUM INC., a Florida corporation; JAMES P. NEIPERT; NEPAHUT, INC., a Florida corporation; UNKNOWN TENANT IN POSSESSION #1; AND ALL PARTIES HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, (sometimes referred to as “Mortgagors”, “Borrowers” or “Debtors”) in and to the same, and every part and parcel thereof, and also all gas and electric fixtures, cabinets, ovens, hoods, vent fans, radiators, heaters, sinks, water closets, water basins, pipes, faucets, washing machines, dryers, stoves, disposals, refrigerators, dishwashers, carpeting, drapes, all electrical conduit, light fixtures, plumbing lines and fixtures, mantels, window screens, screen doors, venetian blinds, storm shutters and awnings, pool equipment and other recreational equipment; all furniture, furnishings and equipment necessary to the operation of the Mortgaged Property, owned by Mortgagor and located in, on, or under, or used or intended to be used in connection with the operation of the Mortgaged Property, buildings, structures or other improvements, including all extensions, additions, improvements, betterments, renewals and replacements to any of the foregoing;

(b) Easements. All easements, rights of way, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interest, privileges, liberties, tenements, hereditaments and appurtenances, whatsoever, in any way belonging, relating or appertaining to any of the Mortgaged Property, and the reversions, remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand of the Mortgagor of, in and to the same;

(c) Eminent Domain. All judgments, awards, damages, and settlements rendered or paid after September 6, 2012, resulting from condemnation proceedings concerning the Mortgaged Property or the taking of the Mortgaged Property or any part of the Mortgaged Property or the taking of the Mortgaged Property or any part of the Mortgaged Property under the power of eminent domain;

(d) Insurance Proceeds. All Mortgagors' right, title and interest in all unearned premiums accrued, accruing, or to accrue under any and all insurance policies provided pursuant to the terms of the Mortgage and all proceeds or sums payable for the loss of or damage to (a) the Mortgaged Property, or (b) rents, revenues, income, profits, or proceeds from leases, concessions, or licenses, of or on any part of the Mortgaged Property;

(e) Licenses, Permits, Etc. All Mortgagors' interest in any licenses, permits, deposits, tap fees, utility agreements, or similar items, which in any way relate to or are useful in connection with the operation of the Mortgaged Property or the improvements thereon;

(f) Rents and Profits. All rents, issues, profits, proceeds, and revenues derived from room rentals, or from the operation of any business or service located on the Mortgaged Property. Together with an interest in and to all rents, issues, profits and income from the property, and each and every part and parcel thereof, and also all right, title and interest of the Borrowers under and by virtue of each and every franchise, license, permit, lease, contract for deed or purchase and sale agreement, or any other document or contractual right, written or verbal, including but not limited to, any rights of Borrowers as Developer or Declarant pursuant to any Declaration of Condominium or Homeowner Association documents, covering any part of parcel of the Property, and any and all amendments to or modifications, extensions or renewals thereof and all proceeds thereof;

(g) Minerals, Etc. All rights, title and interest of Debtors in and to the mineral, soil, flowers, shrubs, crops, trees, timber and other material now or hereafter on the property described above or under or above the same or any part or parcel thereof;

(h) Machinery, Apparatus, Etc. All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the Property and including all trade, domestic and ornamental fixture and articles of personal property of very kind and nature whatsoever 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 and now owned or hereafter acquired by Debtors, including nut not 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, refrigerators, attached cabinets, partitions, ducts and compressors, rugs and carpets, draperies, furniture and furnishings, together with all building materials and equipment 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, mails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all proceeds, additions and accessions thereto and replacements thereof;

(i) Water and Sewer Systems. All of the water, sanitary and storm sewer systems owned by the Debtors which are now or hereafter located by, over, and upon the Property or any part thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer liners, including mains, laterals, manholes and appurtenances;

(j) Streets, Walkways, Etc. All paving for streets, roads, walkways or entrance ways owned by Debtor and which are located on the Property or any part or parcel thereof;

(k) Interest as Lessors. All of Debtors' interest as lessors in and to all leases and rental arrangements of the Property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by Debtors during the life of the security agreements or any extension or renewal thereof, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or deposits and advance rentals;

(l) Awards or Payments. 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 alternation of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Property described above or herein;

(m) Insurance Premiums. All of the right, title and interest of the Debtors in and to 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 described above or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the property;

(n) Contract Rights. All contracts and contract rights of Debtors arising from contracts entered into in connection with development, construction upon or operation of the Property;

(o) Trade Names, Etc. All of the right, title and interest of the Debtors in and to any trade names, names of businesses or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Property described above;

(p) Security Deposits, Etc. All of Debtors' interest in all utility security deposits or bonds on the property described above or any part or parcel thereof.

d. Parcel ID Numbers: Various
at public sale, to the highest and best bidder for cash, to be conducted online at www.manatee.realforeclose.com at 11:00 a.m., on the 27th day of March, 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.
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 on February 28, 2013.
J. DERRICK MAGINNESS
For the Court
J. Derrick Maginness, Esq.
Norton Hammersley
Lopez & Skokos, P.A.
1819 Main Street, Suite 610
Sarasota, Florida 34236
Telephone: 941-954-4691
Facsimile: 941-954-2128
[email protected]
Attorney for Plaintiff
March 8, 15, 2013 13-00793M

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