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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO. 2012 CA 009104 NC
ZIONS FIRST NATIONAL BANK,
a national banking organization,
Plaintiff, vs.
INNOVATIVE TILE OF FLORIDA, INC., a Florida corporation;
ABRAHAM LEVINSON,
Individually; THE GRANITE SHOPPE, INC., a dissolved
Florida corporation a/k/a
GRANITE SHOPPE, INC.; RED
DIAMOND FOODS, INC., a
dissolved Florida corporation; FLORIDA WATER PRODUCTS, INC., a Florida corporation;
GABRIEL KLEIN; KCT OF
SARASOTA, LLC, a dissolved Florida limited liability company; EMILIO NANNINI; GLOBAL MARBLE & TILE, INC., a Florida corporation; FLORIDA BUSINESS
DEVELOPMENT CORPORATION, a Florida corporation; THE
ADMINISTRATOR OF THE SMALL BUSINESS
ADMINISTRATION OF THE UNITED STATES OF AMERICA; BANK OF AMERICA, N.A., a national banking organization and UNKNOWN TENANT(S) IN
POSSESSION;
Defendants.
NOTICE IS HEREBY GIVEN that Karen E. Rushing as Clerk of the Circuit Court, Sarasota County, Florida will offer for sale the following described real property situated in Sarasota County, Florida described as:
Parcel A: A tract of land comprising the South 1/2 of Lot Number 68 of the Tampa Southern Railroad Company's Industrial Subdivision of the Southwest 1/4 of the Southwest 1/4 of Section 5, and the Northwest 1/4 of the Northwest 1/4 of Section 8, Township 36 South, Range 18 East, the tract of land being described as beginning at the Southwest corner of said Section 5 and running thence Northwardly, along the West line of said Section 5, 84.3 feet; thence Eastwardly, forming a Southeasterly angle of 90°49' with the preceding course, 497.20 feet; thence Southwardly forming a Southwesterly angle of 89°52' with the preceding course, 400 feet to the Southeast corner of said Lot No. 68, the located point of beginning; running thence Westwardly, forming an interior angle of 90°8' with the preceding course, 250.4 feet; thence Northwardly, on a curve to the right having a radius of 2687.93 feet, a chord distance of 50.4 feet, said chord forming an interior angle of 97°16' with the preceding course; thence Eastwardly, forming an interior angle of 82°44' with said chord, 257.0 feet; thence Southwardly forming an interior angle of 89°52' with the preceding course, 50 feet, to the located point of beginning.
Parcel B: A tract of land comprising Lot Numbers 69, 70 and 71 of the Tampa Southern Railroad Company's Industrial Subdivision of the Southwest 1/4 of the Southwest 1/4 of Section 5, and the Northwest 1/4 of the Northwest 1/4 of Section 8, Township 36 South, Range 18 East, the tract of land comprising said Lots being described as beginning at the Southwest corner of said Section 5 and running thence Northwardly, along the West line of said Section 5, 84.3 feet; thence Eastwardly, forming a Southeasterly angle of 90°49' with the preceding course, 497.20 feet; thence Southwardly forming a Southwesterly angle of 89°52' with the preceding course, 400 feet to the Northeast corner of said Lot No. 69, the located point of beginning; running thence Southwardly, on a prolongation of the preceding course, 300 feet; thence Westwardly, forming an interior angle of 90°8' with the preceding course, 201.55 feet; thence Northwardly, forming an interior angle of 99°19' with the preceding course, 259.6 feet to a point of curve; thence Northwardly, on a curve to the right having a radius of 2687.93 feet, a chord distance of 44.4 feet, said chord forming an interior angle of 179°30' with the preceding course; thence Eastwardly, forming an interior angle of 81°11' with said chord, 250.4 feet to the located point of beginning.
Parcel C: A tract of land comprising the North 1/2 of Lot Number 68 of the Tampa Southern Railroad Company's Industrial Subdivision of the Southwest 1/4 of the Southwest 1/4 of Section 5, and the Northwest 1/4 of the Northwest 1/4 of Section 8, Township 36 South, Range 18 East, the tract of land comprising said Lot being described as beginning being at the Southwest corner of said Section 5 and running thence Northwardly, along the West line of said Section 5, 84.3 feet; thence Eastwardly, forming a Southeasterly angle of 90°49' with the preceding course, 497.20 feet; thence Southwardly, forming a Southwesterly angle of 89°52' with the preceding course, 300 feet to the Northeast corner of said Lot no. 68, the located point of beginning; thence running Southwardly, on a prolongation of the preceding course, 50 feet; thence Westwardly, forming an interior angle of 90°08' with the preceding course, 257.0 feet; thence Northwardly, on a curve to the right having a radius of 2687.93 feet, a chord distance of 50.4 feet, said chord forming an interior angle of 97°16' with the preceding course; thence Eastwardly, forming an interior angle of 82°44' with said chord, 263.6 feet to the located point of beginning.
Parcel D: Together with the Southerly 72.50 feet of the following described property: A tract of land comprising Lot Numbers 65, 66 and 67 of the Tampa Southern Railroad Company's Industrial Subdivision of the Southwest 1/4 of the Southwest 1/4 of Section 5, and the Northwest 1/4 of the Northwest 1/4 of Section 8, Township 36 South, Range 18 East, the tract of land comprising said Lots being described as beginning at the Southwest corner of said Section 5 and running thence Northwardly, along the West line of said Section 5, 84.30 feet; thence Eastwardly, forming an interior angle of 90°49' with the preceding course, 216.95 feet to a located point of beginning; running thence Eastwardly, on a prolongation of the preceding course, 280.30 feet; thence Southwardly, forming an interior angle of 89°52'30” with the preceding course, 300 feet; thence Westwardly forming an interior angle of 90°08'30” with the preceding course, 263.80 feet; thence Northwardly, on a curve to the right having a radius of 2687.93 feet, a chord distance of 294.74 feet, said chord forming an interior angle of 92°59'30” with the preceding course; thence Northwardly, forming an interior angle of 176°48'09” with said chord, 2.26 feet to the located point of beginning.
This land lying and being situated in Sarasota County, Florida.
Parcel E: Situated in Section 8, Township 36 South, Range 18 East, Sarasota County, Florida, and being more particularly described as follows: Begin at the Southwest corner of Section 5, Township 36 South, Range 18 East, Sarasota County, Florida; thence due North (assumed bearing) along the West line of said Section 5, a distance of 84.3 feet; thence North 89°11'00” East, 497.20 feet; thence South 0°41'00” East, 700.00 feet to the principal place of beginning; thence South 89°11'00” West, 201.55 feet, thence South 10°08'00” East, 101.34 feet; thence North 89°11'00” East, 184.91 feet; thence North 0°41'00” West, 100.00 feet to the principal place of beginning. (Also known as Lot 72 of the Tampa Southern Railroad Company's Industrial Subdivision)
Also described as:
Lots 68, 69, 70, 71, 72 and part of Lot 67, Tampa Southern Industrial Subdivision, described as: Commence at the Northeast corner of Lot 65; thence South 00°41'00” West, a distance of 227.50 feet for the point of beginning; thence South 00°38'17” East, a distance of 572.67 feet; thence South 89°14'42” West, a distance of 184.61 feet to the East right-of-way line of Middle Avenue; thence along said right-of-way line the following two (2) courses: (1) North 10°08'00” West, a distance of 358.39 feet (2) to a point of non-tangent curvature to the right, in which the radial point lies North 79°52'37” East, with a radius of 2687.93 feet and a delta angle of 04°38'50”; thence along the arc of said curve a distance of 218.02 feet; thence North 89°12'27” East, leaving said East right-of-way line of Middle Avenue, a distance of 271.16 feet to the point of beginning.
Together with:
All existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters,
together with all present and future leases of the property and all rents from the property,
and together with all equipment, fixtures, and other articles of personal property now or hereafter owned by the grantor, and now or hereafter attached or affixed to the property, together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any such property, and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the property.
(collectively the “Real Property”).
All Accounts Relating to Rents and Rental Income now owned and hereafter acquired located on the property at 4050 Middle Avenue, Sarasota, Florida 34234;
Together with:
All accessions, attachments, accessories, replacements of and additions to any of the collateral described herein, whether added now or later.
All products and produce of any of the property described in this Collateral section.
All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the property described in the Collateral section.
All proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the property described in this Collateral Section, and sums due from a third party who has damaged or destroyed the Collateral or from that party's insurer, whether due to judgment, settlement or other process.
All records and data relating to any of the property described in this Collateral section, whether in the form of a writing, photograph, microfilm, microfiche, or electric media, together with all of Grantor's right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media.
(collectively the “Personal Property”)
(The Real and Personal Property shall collectively be referred to herein as the “Subject Property”.)
The Clerk of the Court shall sell the property to the highest bidder for cash on November 6, 2013, on Sarasota County's Public Auction website: http://www.sarasota.realforeclose.com, at 9:00 a.m. in accordance with Chapter 45, Florida Statutes. The aforesaid sale will be made pursuant to a Summary Final Judgment of Foreclosure entered in Civil No. 2012 CA 009104 NC now pending in the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida.
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.
REQUEST FOR
ACCOMMODATIONS BY
PERSONS WITH DISABILITIES
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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941) 861- 8000, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 771.
DATED this 8 day of August, 2013.
Robert F. Higgins
Florida Bar No.: 0150244
[email protected]
David E. Peterson
Florida Bar No.: 0373230
[email protected]
Lowndes, Drosdick, Doster, Kantor
& Reed, Professional Association
215 North Eola Drive
Post Office Box 2809
Orlando, Florida 32802
Telephone: (407) 843-4600
Telecopier: (407) 843-4444
Attorneys for Plaintiff
October 18, 25, 2013 13-04898S