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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR
MANATEE COUNTY, FLORIDA
CASE NO.: 10-CA-9613
BRANCH BANKING AND TRUST
COMPANY, successor in interest to
Colonial Bank by acquisition of assets from the FDIC, as receiver of Colonial Bank,
Plaintiff, v.
GIBRALTAR HOMES, LLC, a Florida limited liability company, GIBRALTAR HOMES LEGENDS BAY, L.L.C., a Florida limited liability company, ALBERT A.
SANCHEZ, JR., Individually, JEROME M. BLUMBERG, Individually, LEGENDS BAY
ASSOCIATION, INC., a Florida corporation, RUBEN-HOLLAND DEVELOPMENT, LLC, A Florida limited liability company,
Defendants.
Notice is hereby given that pursuant to the Final Judgment of Foreclosure and the Order Granting Motion to Reschedule Foreclosure Sale in the case of BRANCH BANKING AND TRUST COMPANY, Plaintiff, v. GIBRALTAR HOMES, LLC, et al., Defendants, Case No.: 10-CA-9613, the undersigned Clerk of the Circuit Court of Manatee County, Florida will on June 20, 2013, at 11:00 a.m., at www.manatee.realforeclose.com, offer for sale and sell at public outcry to the highest bidder for cash, the real and personal property in Manatee County, Florida (the “Property”) described as follows:
LOTS 40, 41, 42, 43, 44, 45, 46, 47, 77, 105, and 133, LEGENDS BAY, A SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 52, PAGE 26, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA (THE “PROPERTY”).
AND THE FOLLOWING PERSONAL PROPERTY:
ALL NOW OWNED OR EXISTING OR HEREAFTER ACQUIRED OR CREATED FURNITURE, FURNISHINGS, FIXTURES, EQUIPMENT, ACCOUNTS RECEIVABLE, CONTRACT RIGHTS, INVENTORY, INTANGIBLES, WHEREVER LOCATED AND ALL OTHER FORMS OF PERSONAL PROPERTY INCLUDING, WITHOUT LIMITATION, THE PROPERTY DESCRIBED BELOW, TOGETHER WITH THE PROCEEDS THEREOF AND INSURANCE PROCEEDS PAID ON ACCOUNT OF THE PROPERTY, AS WELL AS ALL REPLACEMENTS, ADDITIONS AND ACCESSIONS AT ANY TIME IN THE FUTURE.
ALL RIGHTS, TITLE AND INTEREST OF GIBRALTAR HOMES, LLC (“DEBTOR”) IN AND TO THE MINERALS, SOIL, FLOWERS, SHRUBS,
CROPS, TREES, TIMBER AND OTHER EMBLEMENTS NOW OR HEREAFTER ON THE PROPERTY DESCRIBED AS DESCRIBED ABOVE 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, INCLUDING, BUT WITHOUT 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 COMMUNICATION 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 NOW OR HEREAFTER 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, WALLS, 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 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 ENTRANCE WAYS NOW OR HEREAFTER OWNED BY DEBTOR AND WHICH ARE NOW 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 ANY AND ALL GUARANTEES OF SUCH LEASES OR RENTAL ARRANGEMENTS AND INCLUDING ALL PRESENT AND FUTURE SECURITY 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 HEREIN.
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 HEREIN, OR (B) RENTS, REVENUES, INCOME, PROFITS OR PROCEEDS FROM LEASES, FRANCHISES, CONCESSIONS OR LICENSES OF OR ON ANY PART OF THE PROPERTY.
ALL CONTRACTS AND CONTRACT RIGHTS OF DEBTOR ARISING FROM CONTRACTS ENTERED INTO IN CONNECTION WITH DEVELOPMENT, CONSTRUCTION UPON, OPERATION OR SALE OF PART OR ALL OF THE PROPERTY, INCLUDING CONTRACT OR SALES DEPOSITS INCLUDING ALL DEPOSITS, RENTS, ISSUES, PROFITS AND INCOME FROM THE PROPERTY.
ALL FURNITURE, FURNISHINGS, APPLIANCES AND EQUIPMENT AND ALL OTHER TANGIBLE PERSONAL PROPERTY NOW OR HEREAFTER OWNED OR ACQUIRED BY THE DEBTOR OR NOW OR HEREAFTER LOCATED OR INSTALLED AT OR IN ANY OTHER IMPROVEMENTS ON THE PROPERLY OR ELSEWHERE AT OR ON THE PROPERTY, TOGETHER WITH ALL ACCESSORIES AND PARTS NOW ATTACHED TO OR USED IN CONNECTION WITH ANY SUCH PROPERTY OR WHICH MAY HEREAFTER AT ANY TIME BE PLACED IN OR ADDED THERETO AND ALSO ANY AND ALL REPLACEMENTS AND PROCEEDS OF ANY SUCH PROPERTY.
ALL ARCHITECTURAL AND ENGINEERING PLANS AND
SPECIFICATIONS, SURVEYS, SITE PLANS, PERMITS, APPROVALS, AUTHORIZATIONS, DEPOSITS, APPRAISALS, FEASIBILITY STUDIES
AND DEVELOPMENT PROPOSALS NOW OR HEREAFTER EXISTING PERTAINING TO THE PROPERTY.
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 7th day of May, 2013.
/s/ Robert Malani
W. Glenn Jensen, Esquire
Florida Bar No. 0126070
[email protected]
[email protected]
Robert Malani, Esquire
Florida Bar No. 52304
[email protected]
ROETZEL & ANDRESS
CNL Center II, 7th Floor
420 S. Orange Avenue
P.O. Box 6507
Orlando, FL 32802-6507
Phone: (407) 896.2224
Fax: (407) 835.3596
Counsel for Plaintiff
7142375
May 17, 24, 2013 13-01622M