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FIRST INSERTION
SECOND NOTICE OF SALE
IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
Case No. 2008 CA 11710
FH PARTNERS LLC, A TEXAS LIMITED LIABILITY COMPANY,
Plaintiff, v.
JERROLD D. CAMP, CHILD CARE MANAGEMENT GROUP, INC., A FLORIDA CORPORATION,
THE ESTATE OF PATRICIA S. SMITH, and BARNETT RECOVERY CORPORATION,
Defendants.
NOTICE is hereby given that, pursuant to an Order on Motion to Reschedule Foreclosure Sale entered October 17, 2013, in Case Number 2008-CA-11710 in the Circuit Court of Manatee County, Florida, the Clerk will sell the following property situate in Manatee County, Florida, described as:
COMMENCING 660 FEET WEST OF NE CORNER OF THE NW ¼ OF SECTION 18, TOWNSHIP 35 SOUTH, RANGE 18 EAST; THENCE RUN SOUTH 30 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE ONECO-ARCADIA ROAD FOR A POINT OF BEGINNING; THENCE WEST 134 FEET; THENCE SOUTH 382 FEET; THENCE EAST 134 FEET; THENCE NORTH 382 FEET TO THE POINT OF BEGINNING; LESS LAND DEEDED TO THE STATE OF FLORIDA FOR RIGHT OF WAY AS RECORDED IN DEED BOOK 375, PAGE 541, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA. (the “Property”)
Together with all buildings, structures, betterments, and other improvements of any nature situated in whole or in part upon the Property, regardless of whether physically affixed. (the “Improvements”)
Together with all easements, rights of way, gores of land, street, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all tenements, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the Property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Defendants Child Care Management Group, Inc., a Florida corporation and Jerrold D. Camp (hereinafter referred to collectively as “Borrower”), and the reversion and reversions, remainder and remainders, rents, issues, profits thereof and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of the Borrower of, in and to the same.
Together with all of Borrower's right, title and interest, in and to all fixtures, equipment, furniture, furnishings, and tangible personal property of any nature whatsoever that is now or hereafter (i) attached or affixed to the Property or the Improvements, or both, or (ii) situated upon or about the Property or the Improvements, or both, regardless of whether or physically affixed or severed or capable of severance from the Property or Improvements, or (iii) regardless of where situated, provided same is used or intended to be used in connection with any present or future use of operation of or upon the Property, or (iv) severed from the Property or Improvements, or both. (the “Tangible Property”)
Together with all rents, issues, incomes and profits in any manner arising from the Property, Improvements, or Tangible Property or any combination, and to which Borrower is entitled, including Borrower's interest in and to all leases, licenses, franchises, and concessions of, or relating to, the possession, use, or occupancy of all or any portion of the Property, Improvements, or Tangible Property, including any and all amendments, modifications, replacements, substitutions, extensions, renewals, or consolidations made. (the ”Rents”)
Together with all of Borrower's right, title, and interest in and to any and all contracts, written or oral, express or implied, entered into or arising, in any manner related to the improvements, the construction of the improvements, use, operation, lease, sale, conversion, or other disposition (voluntary or involuntary) of the Property, Improvements, Tangible Property, the Rents, or any interest therein, or any combination, including any or all deposits, prepaid items, and payments due and to become due thereunder, and further including construction contracts, service contracts, purchase contracts, repurchase agreements, management agreements, marketing agreements, labor agreements, advertising contracts, purchase orders, occupancy leases and equipment leases.
Together with all of Borrower's right, title and interest in and to any and all other contract rights, accounts, instruments, and general intangibles, as such terms from time to time are defined in the Uniform Commercial Code as adopted in Florida, in any manner related to the use, construction, operation, lease, sale, conversion, or other disposition (voluntary or involuntary) of the Property, improvements, Tangible Property, or Rents, or any interest therein, including all permits, licenses, insurance policies, rights of action, and other choices in action.
Together with all accounts and accounts receivable, relating to the Property, including, but not limited to, revenue derived from the rental of the Improvements and any other revenue collected by Borrower relating to the Property.
Together with all proceeds of the conversion, voluntary or involuntary, of any of the property from time to time encumbered by the Mortgage into cash or other liquidated claims, or that are otherwise payable for injury or loss to, or the taking, conversation, requisitioning or destruction of, any and all such property, including all insurance and condemnation proceeds as provided in the Mortgage.
Together with all rents, issues, profits, income and accounts receivable generated through the use by Borrower or others of all or any part of the Mortgaged Property, including any such rents, issues, profits, income and accounts receivable of any business activity conducted by Borrower on or through the use of the Mortgaged Property, as well as the proceeds of all of the foregoing.
Together with all rights, titles, interests, privileges, claims demands and equities existing in connection therewith.
at Public Sale, to the highest and best bidder for cash at www.manatee.realforeclose.com at 11:00 a.m. on the 5th day of December 2013.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE 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 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: October 17th, 2013.
By: Adria M. Jensen
Florida Bar No: 0011690
SHUMAKER, LOOP
& KENDRICK, LLP
240 South Pineapple Avenue
Post Office Box 49948
Sarasota, Florida 34230-6948
(941) 366-6660
(941) 366-3999 facsimile
Primary E-mail:[email protected]
Secondary E-mail:
[email protected]
Attorneys for Plaintiff
F00147-131838
Oct. 25; Nov. 1, 2013 13-03415M