13-04633S

FIRST INSERTION
NOTICE OF SALE ON COMPLAINT
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA.
CASE NO: 2012 CA 002733 NC
BRANCH BANKING AND TRUST COMPANY, a North Carolina
banking corporation,
successor-in-interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank,
Plaintiff, v.
DMK HOLDINGS, LLC, a Florida limited liability company; DORIAN J. POPESCU, individually; WARREN A. McLEOD, JR., individually; KARL W. KOKOMOOR, individually; W. SCOTT RITCHIE, individually ; KREG MAHEU, individually; MARY ANN LIND, individually; MICHELLE D. ROSS , individually; EUGENE WHITE, individually and ROBERT STERN, individually, jointly and severally,
Defendants.
NOTICE IS HEREBY GIVEN that the under signed, the Clerk of the Circuit Court for Sarasota County, Florida, under and pursuant to the Uniform Judgment of Foreclosure in Favor of BB&T heretofore entered on the 23rd day of September, 2013, in that certai n cause pend ing in the Circuit Court of the Twelfth Judicial Circuit, in and for Sarasota County, Florida, being Civil Action No. 20 12 CA 002733 NC, in which BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, successor-in-interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank (“BB&T') is the Plaintiff and DMK HOLDINGS, LLC, a Florid a limited liability company (“DMK Holdings”); DORIAN J. POPESCU , individually (“Popescu”); WARREN A. McLEOD, JR., individually (“McLeod”); KARL W. KOKOMOOR, individually (“Kokomoor”); W. SCOTT RITCHIE, individually (“Ritchie”); KREG MAHEU, individually (“Maheu”); MARY ANN LIND, indivi du ally (“Lind”); MICHELLE D. ROSS , individually (“Ross”); EUGENE WHITE, individually (“White”) and ROBERT STERN, individually (“Stern”), jointly and severally, are the Defendants and under and pursuant to the terms of the said Uniform Judgment of Foreclosure in Favor of BB&T will offer for sale at public outcry to the highest and best bidder for cash, except as set out hereinafter, via the Internet at www.sarasota.realforeclose.com, on the 29th day of October, 2013, at the hour of 9:00 a.m., the same being a legal sales day and the hour a legal hour of sale, the real and personal property situated in Sarasota County, Florida and legally described as follows:
Real Property
Lot 9, JACARANDA COMMERCIAL CENTER, Sarasota County, Florida, more particularly described as follows:

A parcel of land lying and being in Section 3, Township 39 South, Range 19 East, Sarasota County, Florida, and being more particularly described as follows: Beginning at a point that is 639.66 feet North of and 421.41 feet West of the Southeast corner of said Section 3; thence South 87°28'45” West, along the Northerly line of Lot 10, a distance of 349.47 feet; thence North 38°30'10” West a distance of 113.00 feet; thence North 51°29'50” East, a distance of 295.31 feet to the intersection with the Northeasterly right of
way line of Commercial Court; thence South 38°30'10”East, along said Northeasterly right of way line a distance of 252.38 feet to the point of curvature of a curve to the right, having a radius of 180.00 feet, a central angle of 21°29 '35”, a tangent length of 34.16 feet, a chord bearing of South 27°45'22” East, and a chord length of 67.13 feet; thence along the arc of said curve, and along said Northeasterly right of way line an arc length of 67.52 feet to the Point of Beginning .

Personal Property

(a) all fixtures and building materials of every kind and nature whatsoever, now or hereafter located upon the real property described on Exhibit B attached hereto or any part thereof and used in connection with any present or future construction on or occupancy or operation of said real property and/or any buildings, trailers, or improvements thereon or thereto (the real property and all buildings and improvements hereinafter being the “Real Property”); AND

(b) the equipment described as: all electrical, heating, lighting, incinerating and power equipment; engines, pipes, pumps, ducts, conduits, switchboards; plumbing, cleaning, laundering, fire prevention, fire extinguishing, refrigerating, ventilating, communications, air cooling, and air conditioning apparatuses, elevators, escalators, other people or freight moving systems, shades, screens, storm prevention equipment, cabinets,partitions,shrubbery, docks, pilings and abstracts of and commitments and policies to insure or insuring title to the Real Property; AND

(c) any and all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Real Property as a result of the exercise of the right of eminent domain, the alteration of the grade of any street or any other damage to or decrease in the value of the Real Property; and all proceeds of the conversion, voluntary or involuntary, of the Real Property ,or any part thereof, into cash or liquidated claims, including without limitation, proceeds of insurance; AND

(d) all rights to enter into and all contracts for the sale of the Real Property or any part or unit thereof built or to be built on the Real Property and all licenses or leases now and hereafter entered into involving the Real Property or any part or unit thereof and all right, title,and interest of Debtor thereunder, including, without limitation, cash or securities deposited thereunder to secure performance by the contract vendees or the lessees of their obligations, together with the right, upon the happening of any event of default under the Mortgage Deed and Security Agreement and Assignment of Leases, Rents and Other Property evidenced by this Financing Statement, to receive and collect the rents, security deposits, additional rents and other payments payable thereunder; AND

(e) all rights of Debtor and deposits under any agreements of whatever nature between Debtor and any utility company of whatever nature, whether public, private or otherwise, now or hereafter servicing the Real Property; AND
(f) all agreements or undertakings between Debtor (and/or any predecessor of Debtor which Debtor has acquired by assignment or otherwise) and any architect, engineer, contractor, independent contractor, general contractor, subcontractors, security company, waste disposal company,elevator company, exterminating company, environmental control company, any other developer or any governmental entity of any type involved in or having jurisdiction of the Real Property and/or any construction or development thereon or relating thereto; AND

(g) all royalties, mineral, oil and gas rights (including easements and/or licenses for exercising such rights), water and water rights and liberties, privileges , hereditaments and appurtenances whatsoever belonging to the Real Property or in any wise pertaining thereto, including those interests outside the boundaries of the Real Property as a result of which the Real Property is or becomes the dominant or servient estate; and the rents, issues, profits, reversions and remainders thereof; AND

(h) all building permits, licenses, approvals, plans, drawings , specifications, shop drawings, surveys, site plans, plot plans, plats and any pending zoning or building applications and the deposits accompanying same applicable to or affecting the Real Property or any part thereof; AND

(i) all right title and interest of Debtor in and to all extensions, improvements, betterments, renewals, substitutes and replacements of, and all additions and appurtenances to, the Real Property, hereafter acquired by, or released to, Debtor or constructed, assembled or placed by Debtor on the Real Property, immediately upon such acquisition, release, construction, assembling, or placement . as the case may be, and in each such case, without any further or additional mortgage, security agreement, conveyance, assignment or other act by Debtor, the same shall become subject to the lien and security interest of the Mortgage Deed and Security Agreement and Assignment of Leases, Rents and Other Property evidenced by this Financing Statement, as fully and completely, and with the same effect,as though now owned by Debtor and specifically described herein; AND

(j) all funds under and all interest reserve or cash deposit accounts now or hereafter established in connection with or pursuant to any construction loan agreement between Debtor and Secured Party relating to the Real Property; AND

(k) all accounts, instruments (including promissory notes), chattel paper (including mortgages and security agreements) , and general intangibles arising in connection with or as the result of any of the aforedescribed property; AND

(l) all insurance policies, payments, escrows,refunds and prepaid premiums with respect to the aforedescribed property; AND

(m) all property of the same classes described above,acquired or created by Debtor subsequent to the execution hereof until the termination or release of this Financing Statement ; AND

(n) all increases, substitutions, replacements , parts, special tools, renewals, additions and accessions to the aforesaid property; AND

(o) all proceeds and products of the aforedescribed property;

-- as all such property is now or may hereafter be located on, pertain to, or be used or useful in the operation, possession, or enjoyment of the Real Property, owned by Debtor, lying and situate in Sarasota County, Florida and more particularly described on Exhibit B hereto.

EXHIBIT “B.”
Lot 9, JACARANDA COMMERCIAL CENTER, Sarasota County, Florida, more particularly described as follows:

A parcel of land lying and being in Section 3,Township 39 South, Range 19 East, Sarasota County, Florida, and being more particularly described as follows: Beginning at a point that is 639.66 feet North of and 421.41 feet West of the Southeast corner of said Section 3; thence South 87°28'45” West, along the Northerly line of Lot 10, a distance of 349.47 feet; thence North 38°30'10” West a distance of 113.00 feet; thence North 51°29'50” East, a distance of 295.31 feet to the intersection with the Northeasterly right of way line of Commercial Court; thence South 38°30'10” East, along said Northeasterly right of way line a distance of 252.38 feet to the point of curvature of a curve to the right, having a radius of 180.00 feet, a central angle of 21°29'35”, a tangent length of 34.16 feet, a chord bearing of South 27°45'22” East, and a chord length of 67.13 feet; thence along the arc of said curve, and along said Northeasterly right of way line an arc length of 67.52 feet to the Point of Beginning.
The property aforesaid, together with all improvements, buildings, fixtures, tenements, hereditaments and appurtenances thereto belonging, or in anywise appertaining, is being sold to satisfy BB&T 's claims under said Judgment.
Any person claiming 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.
DATED this 25th day of September, 2013.
/s/ John M. Brennan
JOHN M. BRENNAN
Florida Bar No.: 297951
Primary E-Mail Address:
jay.brennan @gray-robinson.com
Secondary E-Mail Address:
[email protected]
jenny.miranda@gray-robi nson.com
GrayRobinson, P.A.
301 E. Pine Street, Suite 1400
Post Office Box 3068
Orlando, Florida 32802-3068
(407) 843-8880 Telephone
(407) 244-5690 Facsimile
Attorneys for Plaintiff ,
BRANCH BANKING AND
COMPANY, a North Carolina
corporation, successor-in-interest to Bank by asset acquisition from the Receiver for Colonial Bank
October 4, 11, 2013 13-04633S

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