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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
GENERAL JURISDICTION
DIVISION
CASE NO. 2010 CA 012871 DIV. C
MULTIBANK 2009-1 CRE
VENTURE, LLC, a Delaware
limited liability company.
Plaintiff, v.
MICHAEL B. EDWARDS, et al.,
Defendants.
NOTICE IS HEREBY GIVEN that, the undersigned Clerk of the Circuit Court of Sarasota County, Florida, will, on the 19th day of December, 2013, at 9:00 a.m., sell to the highest bidder for cash at www.sarasota.realforeclose.com, the Clerk's website for on-line auctions, in accordance with the Uniform Final Judgment of Mortgage Foreclosure entered in the above-styled action on November 5, 2013, the following described property in Sarasota County, Florida:
See Exhibit “1”
Property Description
Exhibit “1”
(Property Description)
Note: The term “Debtor” shall mean Defendants Michael B. Edwards and Sheryl A. Edwards and the term “Mortgagee” shall mean Plaintiff Multibank 2009-1 CRE Venture, LLC.
All of Debtor's right, title and interest in and to the land (the “Real Property”) described in Exhibit “A” attached hereto, and the buildings, structures, fixtures and other improvements now or hereafter located thereon.
TOGETHER WITH all the property described in Exhibit”B”attached hereto.
Exhibit A
PARCEL NO. 1 East 36 feet of Lot 16 and the West 28 feet of Lot 17, Block C, Ringling Boulevard Subdivision, as per plat recorded in Plat Book 4, Page 79 of the Public Records of Sarasota County, Florida;
PARCEL NO. 2 Lot 18 and the East 22 feet of Lot 17, Block C, Ringling Boulevard Subdivision, as per plat recorded in Plat Book 4, Page 79, of the Public Records of Sarasota County, Florida; and PARCEL NO. 3 Lot 19, and the West 1/2 of Lot 20, Block “C”, Ringling Boulevard, according to the plat thereof, recorded In Plat Book 4, Page 79, of the Public Records of Sarasota County, Florida.
EXHIBIT “B”
COLLATERAL
DESCRIPTION
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property described in Exhibit “B” (hereinafter referred to as 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 now owned or hereafter acquired by Debtor, including, but not limited to 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, nails, 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 and equipment and intangible property; together with all proceeds, additions and accessions thereto and replacements thereof, including after acquired property.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located in, upon or under the Property, including but not limited to all water mains, service laterals, hydrants, valves and appurtenances, and all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All of Debtor's rights, title and interest in and to the materials, soil, flowers, shrubs, crops, tree, timber and other emblements now or hereafter in, upon or under the Property.
All paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereinafter located on the Property.
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 guaranties of such leases or rental arrangements and including all present and future security deposits and advance rentals, and any and all assignments of rent with respect to the Property or any part thereof.
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 “B” or in this exhibit.
All of Debtor's right, title and interest 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 “B” or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or any part of the Property.
All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon or operation of the property, and all of Debtor's right, title and interest in and to any and all governmental licenses, permits, approvals, allocations and similar matters and documents obtained or be obtained in connection with said development, construction and operation of the Property.
All of Debtor's right, title and interest in and to any trade 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 “B” Property.
Michael B. Edwards
Alyssa M. Salls
Sheryl A. Edwards
Any person claiming an interest in the surplus, if any, from the judicial sale of the Property, other than the Property owner, as of the date of the Notice Of Lis Pendens, must file a claim within sixty (60) days after the judicial sale of the Property.
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 25th day of November, 2013.
/s/ Robin L. Scott
RONALD M. ROSENGARTEN
Florida Bar No. 387540
Email:[email protected]
ROBIN L. SCOTT
Florida Bar No. 0012445
Email: [email protected]
Greenberg Traurig
333 S.E. 2nd Avenue
Miami, FL 33131
Tel 305.579.7883
Fax 305.579.0717
[email protected] |
www.gtlaw.com
Nov. 29; Dec. 6, 2013 13-05686S