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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
Case No.: 2008 CA 14957 NC
SUNCOAST CAPITAL VENTURES, INC.
Plaintiff, vs.
DAVID W. SWARTZ, SHERRY Y. SWARTZ, BROWNSBURG GOLF COURSE, INC., OAK FORD GOLF CLUB OWNERS ASSOCIATION, INC., and U.S. SMALL BUSINESS
ADMINISTRATION,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure dated March 18, 2013, entered in Civil Case No. 2012-CA-005311-NC of the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida, wherein SUNCOAST CAPITAL VENTURES, INC., is Plaintiff, and DAVID W. SWARTZ, SHERRY Y. SWARTZ, BROWNSBURG GOLF COURSE, INC., OAK FORD GOLF CLUB OWNERS ASSOCIATION, INC., and U.S. SMALL BUSINESS ADMINISTRATION, and any and all known parties are Defendants. I will sell the following property located in SARASOTA County, Florida:
See Attached Exhibit “A”
Exhibit A
Tracts B, D, F, H and I, OAK FORD GOLF CLUB, according to the map or plat thereof as recorded in Plat Book 34, Page 31, Public Records of Sarasota County, Florida. LESS that portion of Tract B to Suncoast Capital Ventures, Inc., in Instrument Number 2004021853, Public Records of Sarasota County, Florida.
AND
That portion of Walton Heath Road lying Southerly of the Easterly extension of the Southerly line of Lot 36, OAK FORD GOLF CLUB, according to the map or plat thereof as recorded in Plat Book 34, Page 31, Public Records of Sarasota County, Florida.
AND
That portion of Broadstone Road lying Southerly of the Easterly extension of the Southerly line of Lot 148, OAK FORD GOLF CLUB, according to the map or plat thereof as recorded in Plat Book 34, Page 31, Public Records of Sarasota County, Florida.
TOGETHER with the nonexclusive right to use the easement described in O.R. Book 1474, Page 1723, O.R. Book 1808, Page 1178, O.R. Book 1808, Page 1179 and O.R. Book 1808, Page 1180, re-recorded in O.R. Book 1811, Page 2627, Public Records of Sarasota County, Florida.
LESS the retention ponds described on Exhibits B-1, B-2, B-3 and B-4 annexed hereto.
AND
A portion of Oak Ford Golf Club, a subdivision as per Plat thereof recorded in Plat Book 34, Page 31, of the Public Records of Sarasota County, Florida. Said portion being more particularly described as follows:
Commence at the most Northeasterly corner of said Oak Ford Golf Club; thence S 89 degrees 24'16”W., a distance of 998.90 feet along the North line of the South ½ of Section 28; thence S 00 degrees 35'44”E., a distance of 24.88 feet along the east right of way line of Oak Ford road to a point of curvature to the left, having a radius of 120.00 feet, a central angle of 6 degrees 14'22”, a chord distance of 13.06 feet and a chord bearing of S 03 degrees 42'30”E., thence along the arc of said curvature a distance of 13.07 feet to the POB; thence S 62 degrees 55'13”W., a distance of 62.56 feet to a point
on a curve to the left, said curve being on the west right of way line of Oak Ford Road; said curve having a radius of 180.00 feet, a central angle of 13 degrees 20'35”, a chord distance of 41.82 feet and a chord bearing of S 20 degrees 24'33”E., thence along the arc of said curve a distance of 41.92 feet to a point of reverse curvature to the right, said curve having a radius of 295.00 feet; a central angle of 6 degrees 14'31”, a chord distance of 32.12 feet and a chord bearing of S 23 degrees 57'32”E; thence along the arc of said curve a distance of 32.14 feet; thence N 62 degrees 55'13”E., a distance of 60.30 feet to a point on a curve to the left, said point being on the east right of way line of Oak Ford road; said curve having a radius of 355.00 feet; a central angle of 5 degrees 11'01”, a chord distance of 32.11 feet and a chord bearing of N 24 degrees 29'16”W., thence along the arc of said curve a distance of 32.12 feet to the point of reverse curvature to the left, said curve having a radius of 120.00 feet; a central angle of 20 degrees 15'10”, a chord distance of 42.20 and a chord bearing of N 16 degrees 57'16”W., thence along the
arc of said curve a distance of 42.42 feet to the POB.
I will sell to the highest and best bidder for cash, via Internet at www.sarasotarealforeclose.com at 9:00 A.M. on April 22, 2013. The highest bidder shall immediately post with the Clerk, a deposit equal to 5% of the final bid. The deposit must be cash or cashier's check payable to the Clerk of the Circuit Court. Final payment must be made on or before 5:00 P.M. on the date of the sale by cash or cashier's check.
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 SIXTY (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 this 19th day of March, 2013.
TIMOTHY W. GENSMER, P.A.
/s/ Timothy W. Gensmer
TIMOTHY W. GENSMER, P.A.
2831 Ringling Blvd,
Suite 202-A
Sarasota, FL 34237
(941) 952-9377 Telephone
(941) 954-5605 Fax
[email protected]
Primary E-mail
[email protected]
Secondary E-mail
FL Bar No. 586242
Attorney for Plaintiff
March 22, 29, 2013 13-01138S