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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT, TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
Case No. 2012-CA-6084
IBERIABANK, a Louisiana state bank,
Plaintiff vs. ROBERT E. BOURQUE, an individual; LYNDA L. BOURQUE, an individual; 1 UNDER ENTERPRISES, a dissolved Florida corporation; ALAN P. BOURQUE, an individual; DIANNE R. BOURQUE, an individual,
Defendants.
Notice is hereby given that, pursuant to a final judgment of foreclosure in the above-captioned action, the Clerk of Court will sell the property situated in Manatee County, Florida, described as follows:
SEE EXHIBIT “A” ATTACHED HERETO
Exhibit “A”
Property
PARCEL 1: (PARCEL 3 ON DEED) .
THAT PART OF LOT 5 OF FLORIDA OAKS SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGES 175 AND 176, DESCRIBED AS: BEGIN AT THE SW CORNER OF SAID LOT 5, FLORIDA OAKS SUBDIVISION; THENCE N 00 DEGREES 00 MINUTES 15 SECONDS E, 105.00 FEET; THENCE N 64 DEGREES 50 MINUTE5 38 SECONDS E, ALONG THE NORTHERLY LINE OF SAID LOT 5, 122.52 FEET TO A POINT ON THE R/W LINE OF 60TH AVENUE DRIVE EAST; THENCE SOUTHERLY ALONG SAID R/W LINE, BEING A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 50.0 FEET AND A DELTA ANGLE OF 22 DEGREES 55 MINUTES 06 SECONDS, A DISTANCE OF 20.00 FEET; THENCE S 40 DEGREES 28 MINUTES 11 SECONDS W, 182.23 FEET TO THE POINT OF BEGINNING.
PARCEL 2: (PARCEL 12 ON DEED)
LOT 3, DELOACH SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGES 117 AND 118, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, LESS THE FOLLOWING: BEGIN AT THE SE CORNER OF SAID LOT 3, THENCE 89 DEGREES 58 MINUTES 49 SECONDS W, ALONG THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 91.56 FEET; THENCE S 45 DEGREES 42 MINUTES 22 SECONDS W, ALONG SAID SOUTH LINE, A DISTANCE OF 57.98 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 3, SAID CORNER BEING ON THE R/W LINE OF 12TH STREET COURT EAST; THENCE NORTHWESTERLY, ALONG SAID R/W LINE, BEING A CURVE, CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 50.00 FEET AND A DELTA ANGLE OF 24 DEGREES 51 MINUTES 59 SECONDS, AN ARC DISTANCE OF 21.70 FEET; THENCE N 45 DEGREES 42 MINUTES 22 SECONDS E, 83.62 FEET THENCE N 63 DEGREES 29 MINUTES 48 SECONDS E, 95.71 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3; THENCE S 0 DEGREES 01 MINUTES 02 SECONDS E, ALONG SAID EAST LINE, 78,14 FEET TO THE POINT OF BEGINNING.
PARCEL 3: (PARCEL 13 ON DEED)
THAT PART OF LOT 3, DELOACH SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGES 117 AND 118, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SE CORNER OF SAID LOT 3; THENCE S 89 DEGREES 58 MINUTES 49 SECONDS W, ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 91.56 FEET; THENCE S 45 DEGREES 42 MINUTES 22 SECONDS W, ALONG SAID SOUTH LINE, A DISTANCE OF 57.98 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 3, SAID CORNER BEING ON THE R/W LINE OF 12TH STREET COURT EAST; THENCE NORTHWESTERLY, ALONG SAID R/W LINE, BEING A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 50.00 FEET AND A DELTA ANGLE OF 24 DEGREES 51 MINUTES 59 SECONDS, AN ARC DISTANCE OF 21.70 FEET; THENCE N 45 DEGREES 42 MINUTES 22 SECONDS E, 83.62 FEET; THENCE N 63 DEGREES 29 MINUTES 48 SECONDS E, 95.71 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3; THENCE S 0 DEGREES 01 MINUTES 02 SECONDS E, ALONG SAID EAST LINE, 78.14 FEET TO THE POINT OP BEGINNING,
PARCEL 4: (PARCEL 14 ON DEED)
LOT 4, DELOACH SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGES 117 AND 118, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, LESS THE FOLLOWING: BEGIN AT THE SE CORNER OF SAID LOT 4; THENCE S 89 DEGREES 58 MINUTES 49 SECONDS W, ALONG THE SOUTH LINE OF SAID LOT 4, 129.13 FEET TO A POINT ON THE EAST R/W LINE OF 12TH STREET COURT EAST, THENCE N 00 DEGREES 01 MINUTES 11 SECONDS W, ALONG SAID EAST R/W LINE, 20.05 FEET; THENCE N 62 DEGREES 00 MINUTES 45 SECONDS E, 42.54 FEET; THENCE N 89 DEGREES 58 MINUTES 49 SECONDS E, 91.56 FEET TO A POINT ON THE EAST' LINE OF SAID LOT 4; THENCE S 0 DEGREES 01 MINUTES 02 SECONDS E, ALONG SAID EAST LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING.
PARCEL 5: (PARCEL 15 ON DEED)
THAT PART OF LOT 4, DELOACH SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGES 117 AND 118, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SE CORNER OF SAID LOT 4; THENCE S 89 DEGREES 58 MINUTES 49 SECONDS W, ALONG THE SOUTH LINE OF SAID LOT 4,129.13 FEET TO A POINT ON THE EAST R/W LINE OF 12TH STREET COURT EAST; THENCE N 00 DEGREES 01 MINUTES 11 SECONDS W, ALONG SAID EAST R/W LINE, 20.05 FEET; THENCE N 62 DEGREES 00 MINUTES 45 SECONDS E, 42.54 FEET; THENCE N 89 DEGREES 58 MINUTES 49 SECONDS E, 91.56 FEET TO A POINT ON THE EAST LINE OF SAID LOT 4; THENCE S 0 DEGREES 01 MINUTES 02 SECONDS E, ALONG SAID EAST LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING.
PARCEL 6: (PARCEL 16 ON DEED)
THE NORTH 40.0 FEET OF LOT 5, DELOACH SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGES 117 AND 118, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
PARCEL 7: (PARCEL 28 ON DEED)
THE WEST 37.15 FEET OF LOT 2, DELOACH SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGES 117 AND 118, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
PARCEL 8: (PARCEL 29 ON DEED)
LOT 2, LESS THE WEST 37.15 FEET, DELOACH SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGES 117 AND 118, PUBLIC RECORDS OP MANATEE COUNTY, FLORIDA.
PARCEL 9 (PARCEL 17 ON DEED)
LOT 5, LESS THE NORTH 40.0 FEET, DELOACH SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGES 117 AND 118, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
PARCEL 10:
LOTS 10 AND 11, HIGHLAND SUBDIVISION, THIRD ADDITION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 11 PAGE 97 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
ALSO: BEGIN AT A POINT 25 FEET WEST AND 403 FEET SOUTH OF THE NE CORNER OF THE SE 1/4 OF THE SW 1/4 OF THE NW 1/4 OF SECTION 1, TOWNSHIP 35 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA, FROM SAID POINT OF BEGINNING GO WEST 371.68 FEET, MORE OR LESS, TO THE EAST LINE OF LOT 5, HIGHLAND SUBDIVISION, THIRD ADDITION, PLAT BOOK 11, PAGE 97, THENCE SOUTH 250 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE SW 1/4 OF THE NW 1/4 OF SECTION 1, TOWNSHIP 35 SOUTH, RANGE 17 EAST; THENCE EAST TO A POINT SOUTH OF THE POINT OF
BEGINNING THENCE NORTH TO THE POINT OF BEGINNING, LESS RIGHTS OF WAY FOR ROAD.
All rights title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other material now or hereafter on the property described in Exhibit “A” (herein referred to as “Property”) or under or above the same or any part or parcel thereof.
All machinery, apparatus, equipment, fittings, fixtures, whether 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 and now owned or hereafter acquired by Debtor; together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein; together with all proceeds, additions and accessions thereto and replacements thereof.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor 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 entrances now or hereafter owned by Debtor and which are not or hereafter located on the Property or any part or parcel thereof.
All of Debtor's interest as lessor in and to all leases or 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 Debtor 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.
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 described in Exhibit “A” or in this exhibit.
All of the right, title and interest of the Debtor 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 in Exhibit “A” or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
All of the right, title, and interest of the Debtor 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 Exhibit “A” Property.
All of Debtor's interest in all utility security deposits or bonds on the Exhibit “A” Property or any part or parcel thereof.
All contracts and contract rights, general intangibles and accounts receivables now or hereafter owned or entered into by Debtor in connection with development, construction upon or operation of the Property.
at public sale, in the presence of the Plaintiff, to the highest and best bidder for cash, at www.manatee.realforeclose.com, on the 31st day of July, 2013, at 11:00 a.m., pursuant to the terms of the Uniform Final Judgment of Mortgage Foreclosure and in accordance with Section 45.031, Florida Statutes. 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 this 30th day of April, 2013.
By: SCOTT J. KENNELLY
Florida Bar No. 0059116
JANET C. OWENS
Florida Bar No. 0099592
ROGERS TOWERS, P.A.
1301 Riverplace Blvd., Suite 1500
Jacksonville, Florida 32207
(904) 348-5945 (telephone)
(904) 396-0663 (facsimile)
[email protected]
[email protected]
ATTORNEYS FOR IBERIABANK
May 10, 17, 2013 13-01537M