13-04749S

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE
TWELFTH JUDICIAL CIRCUIT IN AND
FOR SARASOTA COUNTY, FLORIDA
CASE NO.: 2009-CA-012747 NC
CENTURY BANK, F.S.B.
Plaintiff, vs.
LANDROOTS INVESTMENTS, LLC, et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Uniform Final Judgment of Mortgage Foreclosure dated September 24, 2013, entered in Civil Case No. 2009 CA 012747 NC of the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida wherein CENTURY BANK, F.S.B., is the Plaintiff and LANDROOTS INVESTMENTS, LLC., TAMMY M. DENTICI, MARIO M. DENTICI, DAVID A. LURIA, SHERRY LURIA, ROBERT A. PHINNEY, STEPHEN A. WITZER, Trustee U/A/D February 7, 1985, MORRIS L. WEINSTEIN, as Trustee under the Morris L. Weinstein Family Trust dated March 7, 1991, DAVID VAN ATTER, and SALLY VAN ATTER, and all parties claiming interest by, through, under or against any defendant named herein, are the Defendants.
Karen E. Rushing, Clerk of the Circuit Court, will sell to the highest bidder for cash, via internet auction sale at www.sarasota.realforeclose.com, at 9:00 a.m., on October 29, 2013, the following described property, as set forth in said Uniform Final Judgment of Mortgage Foreclosure, to wit:
SEE ATTACHED EXHIBITS “A” and “B”
EXHIBIT A
REAL PROPERTY
PARCEL 1:

A 30 foot wide tract of land being a Private Street, on, over and across the following described land:

That part of Lot 14, NEWTOWN FARMS, according to the plat thereof recorded in Plat Book 4, Page 38, of the Public Records of Sarasota County, Florida, described as follows:

Begin at the Southwest corner of Lot 14; thence N 0°28'53” W, on an assumed meridian, along the West line of Lot 14, a distance of 61.35 feet to a point; thence S 30°01'49” E, 173.47 feet to a point; thence N 0°01'36” E, 439.07 feet; thence N 89°34'14” E, a distance of 30.04 feet to the East line of the West 115 feet of Lot 14; thence S 0°10'07” W, along said East line of the West 115 feet of Lot 14, a distance of 555.12 feet to the South line of Lot 14; thence N 29°07'49” W, along the South line of Lot 14, a distance of 234.29 feet to the Point of Beginning.

PARCEL 2:

The West 85 feet of Lot 14, LESS the North 535.06 feet thereof and LESS a 30 foot strip along the Southwest side thereof, also known as:

(Lot 25): The South 50 feet of North 585.6 feet of West 100 feet, less the East 15 feet for Road Easement.
(Lot 26): The South 50 feet of North 635.6 feet of West 100 feet, less the East 15 feet for Road Easement.
(Lot 27): The South 50 feet of North 685.6 feet of West 100 feet, less the East 15 feet for Road Easement.
(Lot 28): The South 50 feet of North 735.6 feet of West 100 feet, less the East 15 feet for Road Easement.
(Lot 29): The West 100 feet of Lot 14, less North 735.6 feet and less East 15 feet for Road Easement.

All above described parcels lying and being in Lot 14, NEWTOWN FARMS, as recorded in Plat Book 4, Page 38, of the Public Records of Sarasota County, Florida.

PARCEL 3:

Lots 34 and 35, Lands of Jack Harris, shown in O.R. Book 413, Page 658, of Lots 14 and 15, NEWTOWN FARMS, a Subdivision as per plat thereof recorded in Plat Book 4, Page 38, of the Public Records of Sarasota County, Florida.

PARCEL 4:

The South 50 feet of the North 350 feet of the East 100 feet of Lot 15, NEWTOWN FARMS, a Subdivision as per plat thereof recorded in Plat Book 4, Page 38, of the Public Records of Sarasota County, Florida, less the West 15 feet for Road Easement, AKA Lot 17 as shown in O.R. Book 413, Page 668.

PARCEL 5:

The North 435 feet of Lot 14, NEWTOWN FARMS, a Subdivision as per plat thereof recorded in Plat Book 4, Page 38, of the Public Records of Sarasota County, Florida, less therefrom that portion conveyed to Sarasota County by that certain Warranty Deed recorded in O.R. Instrument #2001116912.

EXHIBIT B

PERSONAL PROPERTY

All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property described in Exhibit “A” (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 Defendant, 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 communications 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, wall board, 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; 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 Defendant 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 Defendant'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 Defendant and which are now or hereafter located on the Property.

All of Defendant'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 Defendant 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 the exercise or 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 Defendant'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 “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 contracts and contract rights of Defendant arising from contracts entered into in connection with development, construction upon or operation of the property, and all of Defendant's right, title and interest in and to any and all governmental licenses, permits, approvals, allocations and similar matters and documents obtained or to be obtained in connection with said development, construction and operation of the Property.

All of Defendant's right title and interest 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 Defendant's interest in all utility security deposits or bonds with respect to the Exhibit “A” property or any part or parcel thereof.

WPB/606014.1
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THIS SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
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: October 1, 2013
By: /s/ Traci H. Rollins
Traci H. Rollins
Florida Bar No. 769071
Primary Email:
[email protected]
Copy to:
[email protected]
and
Jason Daniel Joffe
Florida Bar No. 0013564
Primary Email:
[email protected]
Copy to:
[email protected]
Attorneys for Plaintiff
Respectfully submitted,
SQUIRE SANDERS (US) LLP
1900 Phillips Point West
777 South Flagler Drive
West Palm Beach, FL 33401-6198
Telephone: 561.650.7200
Facsimile: 561.655.1509
October 4, 11, 2013 13-04749S

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