-
-
Loading
Loading
FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE
TWELFTH JUDICIAL CIRCUIT IN AND
FOR SARASOTA COUNTY, FLORIDA
CASE NO.: 2012-CA-008088 NC
IBERIABANK, a Louisiana bank
Plaintiff, vs.
VILLAGES OF MANASOTA BEACH, LLC, a Florida limited liability company; and LARRY HYMAN, as assignee for the benefit of the creditors of Villages of Manasota Beach, LLC, a Florida limited liability company,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Uniform Final Judgment of Mortgage Foreclosure dated February 19, 2013, entered in Civil Case No. 2012 CA 008088 NC of the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida wherein IBERIABANK, a Louisiana bank, is the Plaintiff and VILLAGES OF MANASOTA BEACH, LLC, a Florida limited liability company; and LARRY HYMAN, as assignee for the benefit of the creditors of Villages of Manasota Beach, LLC, a Florida limited liability company, and all parties claiming interest by, through, under or against any defendant named herein, are the Defendants.
Karen E. Rushing, Clerk of the Circuit Court, will sell to the highest bidder for cash, via internet auction sale at www.sarasota.realforeclose.com, at 9:00 a.m., on April 19, 2013, the following described property, as set forth in said Uniform Final Judgment of Mortgage Foreclosure, to wit:
SEE ATTACHED EXHIBITS “A” and “B”
EXHIBIT A
PARCEL 1
ALL OF SECTION 12, TOWNSHIP 40 SOUTH, RANGE 19 EAST, SARASOTA COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ THEREOF, ALSO LESS THE LANDS DESCRIBED IN DEED TO HERALD F. LEWIS AND WIFE, VELMA I. LEWIS, RECORDED IN OFFICIAL RECORDS BOOK 242, PAGE 398, AND LESS LANDS DESCRIBED IN DEED TO CLAYSOTA CORPORATION RECORDED IN OFFICIAL RECORDS BOOK 479, PAGE 302 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
ALSO DESCRIBED AS:
THE SOUTHWEST ¼ OF THE NORTHEAST ¼; THE EAST 589 FEET OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼; THE SOUTHWEST ¼, LESS THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ THEREOF; THE WEST ½ OF THE SOUTHEAST ¼ ALL IN SECTION 12, TOWNSHIP 40 SOUTH, RANGE 19 EAST, SARASOTA COUNTY, FLORIDA.
PARCEL 2
E 1/2 OF THE E 1/2 OF THE SE 1/4 OF THE NE 1/4 AND SOUTH 514 FEET OF THE E 1/2 OF THE E 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 40 SOUTH, RANGE 19 EAST, SARASOTA COUNTY, FLORIDA.
W 1/2 OF THE E 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 40 SOUTH, RANGE 19 EAST, SARASOTA COUNTY, FLORIDA, LYING SOUTH OF PRESENT ROAD AND THE W 1/2 OF THE E 1/2 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 40 SOUTH, RANGE 19 EAST, SARASOTA COUNTY, FLORIDA.
NE 1/4 OF THE NE 1/4; SE 1/4 OF THE NE 1/4 AND SW 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 40 SOUTH, RANGE 19 EAST, SARASOTA COUNTY, FLORIDA.
LESS PARCEL DESCRIBED ABOVE, DESCRIBED AS: THE E 1/2 OF THE E 1/2 OF THE SE 1/4 OF THE NE 1/4 AND SOUTH 514 FEET OF THE E 1/2 OF THE E 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 40 SOUTH, RANGE 19 EAST.
AND ALSO LESS PARCEL DESCRIBED ABOVE, DESCRIBED AS: THE W 1/2 OF THE E 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 40 SOUTH, RANGE 19 EAST, SARASOTA COUNTY, FLORIDA LYING SOUTH OF PRESENT ROAD AND THE W 1/2 OF THE E 1/2 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 40 SOUTH, RANGE 19 EAST, SARASOTA COUNTY, FLORIDA.
THE NW 1/4 OF THE NW 1/4 AND THE NORTH 1/2 OF THE NORTH 1/2 OF THE SW 1/4 OF THE NW 1/4 OF SECTION 12, TOWNSHIP 40 SOUTH, RANGE 19 EAST, SARASOTA COUNTY, FLORIDA.
TOGETHER WITH A NON-EXCLUSIVE PERPETUAL EASEMENT FOR INGRESS AND EGRESS AS DESCRIBED IN EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 1606, PAGE 1623.
LESS THEREFROM: MANASOTA OUTPARCEL, INC., PROPERTY DESCRIBED AS:
BEGINNING AT THE NW CORNER, NE 1/4, NE 1/4, OF SECTION 11, TOWNSHIP 40 SOUTH, RANGE 19 EAST, SARASOTA COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES 09'30” E ALONG THE NORTH LINE OF SAID 1/4 1/4, A DISTANCE OF 1285.86 FEET TO THE NW CORNER OF SAID 1/4 1/4; THENCE SOUTH 88 DEGREES 59'18” E ALONG THE NORTH LINE OF THE NW 1/4 OF SECTION 12, TOWNSHIP 40 SOUTH, RANGE 19 EAST, A DISTANCE OF 314.14 FEET; THENCE S 19 DEGREES 52'50” W A DISTANCE OF 750.00 FEET; THENCE N 88 DEGREES 41'22” W A DISTANCE OF 1320.00 FEET TO THE WEST LINE OF THE NE 1/4, NE 1/4 OF SAID SECTION 11; THENCE N 02 DEGREES 03'20” W A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING.
PARCEL 3
THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 40 SOUTH, RANGE 19 EAST; THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 40 SOUTH, RANGE 19 EAST; THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 40 SOUTH, RANGE 19 EAST; THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 40 SOUTH, RANGE 19 EAST; THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 40 SOUTH, RANGE 19 EAST; THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 40 SOUTH, RANGE 19 EAST; THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE NORTH HALF OF THE NORTH HALF OF SECTION 12, TOWNSHIP 40 SOUTH, RANGE 19 EAST AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, LESS THE EASTERLY 559.87 FEET OF SAID SOUTHEAST 1/4 MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 40 SOUTH, RANGE 19 EAST.
LESS AND EXCEPT THAT PORTION DEEDED TO ENGLEWOOD WATER DISTRICT BY WARRANTY DEED RECORDED IN O.R. BOOK 1319, PAGE 1604, AS CORRECTED IN O.R. BOOK 1841, PAGE 2323, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
PARCEL 4
LOTS 13 AND 14, BLOCK A, GULF COAST GROVES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 6, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, LESS RIGHT-OF-WAY FOR STATE ROAD 776.
AND
THAT PORTION OF THE NE 1/4 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 40 SOUTH, RANGE 19 EAST, SARASOTA COUNTY, FLORIDA, LYING EAST OF GULF COAST GROVES ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 6, AND THAT PORTION OF THE SE 1/4 OF THE NW 1/4 OF SECTION 11, TOWNSHIP 40 SOUTH, RANGE 19 EAST, SARASOTA COUNTY, FLORIDA, LYING EAST OF GULF COAST GROVES ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 6, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
LESS THEREFROM:
BEGIN AT THE NE CORNER OF LOT 13, BLOCK A, GULF COAST GROVES AS RECORDED IN PLAT BOOK 1, PAGE 6, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, THENCE N 26 DEGREES 50'14” W ALONG THE EAST LINE OF SAID GULF COAST GROVES, A DISTANCE OF 593.02 FEET; THENCE N 74 DEGREES 32'43” E A DISTANCE OF 196.26 FEET; THENCE S 18 DEGREES 17'07” E A DISTANCE OF 531.20 FEET; THENCE S 03 DEGREES 09'46” W A DISTANCE OF 33.48 FEET; THENCE S 63 DEGREES 09'46” W A DISTANCE OF 96.67 FEET O THE P.O.B.
EXHIBIT B
PERSONAL PROPERTY
(ii) all buildings and improvements now or hereafter erected on the Land; (iii) all fixtures, machinery, equipment and other articles of real, personal or mixed property attached to, situated or installed in or upon, or used in the operation or maintenance of, the Land or any buildings or improvements situated thereon, whether or not such real, personal or mixed property is or shall be affixed to the Land; (iv) all building materials, building machinery and building equipment delivered on site to the Land during the course of, or in connection with, any construction, repair or renovation of the buildings and improvements situated or to be situated thereon; (v) all leases, licenses or occupancy agreements of all or any part of the Land and all extensions, renewals, and modifications thereof, and any options, rights of first refusal or guarantees relating thereto; all rents, income, revenues, security deposits, issues, profits, awards and payments of any kind payable under the leases or otherwise arising from the Land; (vi) all contract rights, accounts receivable and general intangibles relating to the Land or the use, occupancy, maintenance, construction, repair or operation thereof; all management agreements, franchise agreements, utility agreements and deposits; all maps, plans, surveys and specifications; all warranties and guaranties; all permits, licenses and approvals; and all insurance policies; (vii) all estates, rights, tenements, hereditaments, privileges, easements, and appurtenances of any kind benefitting the Land; all means of access to and from the Land, whether public or private; and all water and mineral rights; and (viii) all “Proceeds” of any of the above-described property, which term shall have the meaning given to it in the Uniform Commercial Code of the jurisdiction where this Mortgage is recorded (the “UCC”), whether cash or non-cash, and including insurance proceeds and condemnation awards; and all replacements, substitutions and accessions thereof.
WPB/601033.1
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THIS SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
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: March 13, 2013
By: /s/ Traci H. Rollins
Traci H. Rollins
Florida Bar No. 769071
Primary Email:
[email protected]
Copy to:
[email protected]
and
Jason Daniel Joffe
Florida Bar No. 0013564
Primary Email:
[email protected]
Copy to:
[email protected]
Attorneys for Plaintiff
Respectfully submitted,
SQUIRE SANDERS (US) LLP
1900 Phillips Point West
777 South Flagler Drive
West Palm Beach, FL 33401-6198
Telephone: 561.650.7200
Facsimile: 561.655.1509
March 22, 29, 2013 13-01090S