14-01223M

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
Case No. 2013-CA-3260
CADENCE BANK, N.A.,
Plaintiff, v.
TJC PROPERTIES, LLC, a Florida limited liability company, PAT COOK CONSTRUCTION, INC., a Florida corporation, PATRICK J. COOK, and DARLA W. COOK,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Mortgage Foreclosure entered in the above styled case, number 2013-CA-3260 in the Circuit Court of Manatee County, Florida, that R.B. “Chips” Shore, Manatee County Clerk, will sell the following property situated in Manatee County, Florida, described as:
Real Property:
Commence at the Southeast corner of the Northeast 1/4 of the Southeast 1/4 of Section 27, Township 34 South, Range 17 East, Manatee County, Florida (established by Boundary Line Agreement recorded in Plat Book 2, Page 140, of the Public Records of Manatee County, Florida); thence N. 00 degrees 29' 09” E., along the East line of Section 27, a distance of 42.64 feet to the North right-of-way line of Manatee Avenue West; thence N. 89 degrees 05' 54” W., along said North right-of-way line, a distance of 391.00 feet for a Point of Beginning; thence continue N. 89 degrees 05' 54” W., along said North right-of-way line, a distance of 78.40 feet; thence N. 00 degrees 49' 33” E., 250.88 feet to the face of a seawall and the waters of Ware's Creek; thence along said face of seawall and the waters of Ware's Creek; the following courses and distances: S. 72 degrees 13' 05” E., 40.98 feet; S. 77 degrees 52' 31” E., 39.98 feet; thence leaving said waters, go S. 00 degrees 49' 33” W., 231.20 feet to the Point of Beginning.

Together with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, including replacements and additions thereto.

Personal Property:

A. All buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Real Estate Security further described on the Exhibit A continuation pages “Real Estate Security”), and all fixtures, machinery, appliances, equipment, furniture, and personal property of every nature whatsoever now or hereafter owned by Debtor and located in or on, or attached to, or used or intended to be used in connection with or with the operation of, the Real Estate Security or the Improvements thereto, or in connection with any construction being conducted or which may be conducted thereon, and owned by Debtor, including all extensions, additions, improvements, betterments, renewals, substitutions, and replacements to any of the foregoing and all of the right, title and interest of Debtor in and to any such personal property or fixtures together with the benefit of any deposits or payments nor or hereafter made on such personal property or fixtures by Debtor or on its behalf;

B. All easements, rights-of-way, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to the Real Estate Security, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now or hereafter acquired by Debtor, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law as well as in equity, of Debtor of, in and to the same;

C. All rents, royalties, issues, profits, revenue, income and other benefits from the Real Estate Security;

D. All right, title and interest of Debtor in and to any and all leases now or hereafter on or affecting the Real Estate Security whether written or oral and all agreements for use of the Real Estate Security, together with all security therefore and all monies payable thereunder;

E. All fixtures and articles of property now or hereafter owned by Debtor and forming a part of or used in connection with the Real Estate Security or the operation thereof, including, but without limitation, any and all air conditioners, antennae, appliances, apparatus, awnings, basins, bathtubs, boilers, bookcases, cabinets, carpets, coolers, curtains, dehumidifiers, disposals, doors, drapes, dryers, ducts, dynamos, elevators, engines, equipment, escalators, fans, fittings, floor coverings, furnaces, furnishings, furniture, hardware, heaters, humidifiers, incinerators, lighting, machinery, motors, ovens, pipes, plumbing, pumps, radiators, ranges, recreational facilities, refrigerators, screens, security systems, shades, shelving, sinks, sprinklers, stokers, stoves, toilets, ventilators, wall coverings, washers, windows, window coverings, wiring, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same are or shall be attached to the Real Estate Security in any manner; it being mutually agreed that all of the aforesaid property owned by Debtor and placed on the Real Estate Security shall, so far as permitted by law, be deemed to be fixtures, a part of the security for the Indebtedness;

F. Any and all accounts, accounts receivable, receivables, contract rights, book debts, checks, notes, drafts, instruments, chattel paper, acceptances, choses in action, any and all amounts due to Debtor from a factor or other forms of obligations and receivables now existing or hereafter arising out of the business of Debtor, as well as any and all returned, refused and repossessed goods, the cash or non~cash proceeds resulting therefrom;

G. All patents, trademarks, service marks, trade secrets, copyrights and exclusive licenses (whether issued or pending), and all documents, applications, materials and other mattes related thereto, all inventions, all manufacturing, engineering and production plans, drawings, specifications, processes and systems, all trade names, computer programs, data bases, systems and software (including source and object codes), goodwill, choses in action, and all other general intangibles of Debtor, whether now owned or hereafter acquired, and all cash and non-cash proceeds thereof, and all chattel paper, documents and instruments relating to such intangibles;

H. All of Debtor's right, title interest and privileges arising under all contracts, permits and licenses entered into or obtained in connection with the development of the Improvements or operation of the Real Estate Security and/or Debtor's business as now or hereafter conducted, including by way of example and 'not in limitation: all development and construction permits, approvals, resolutions, variances, licenses and franchises granted by municipal, county, state and federal governmental authorities, or any of their respective agencies; all architectural, engineering and construction contracts; all drawings, the Plans and Specifications, and plats, and all contracts and agreements for the furnishing of utilities;

I. Any all licenses, permits, approvals, allocations, contract rights, trade and fictitious names and similar matters and documents obtained or to be obtained in the future which are necessary or appropriate for the operation and management of the Real Estate Security; and

J. All proceeds of the foregoing, including without limitation all judgments, awards of damages and settlements hereafter made resulting from condemnation proceeds or the taking of the Real Estate Security or any portion thereof under the power of eminent domain; any proceeds of any and all policies of insurance maintained with respect to the Real Estate Security or the Improvements, or proceeds of any sale, option or contract to sell the Real Estate Security or any portion thereof.
at public sale, to the highest and best bidder for cash, via the internet: WWW.MANATEE.REALFORECLOSE.COM, at 11:00 a.m. on May 8, 2014.
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.
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 this 9th day of April, 2014.
/s/ Robert F. Greene
Robert F. Greene, Esquire
Florida Bar No. 252832
Greene Hamrick Quinlan
& Schermer, P.A.
Post Office Box 551
Bradenton, Florida 34206
Telephone: (941) 747-1871
Facsimile: (941) 747-2991
Primary: [email protected]
Secondary:
[email protected]
Attorneys for Plaintiff
April 18, 25, 2014 14-01223M

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