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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
Case No. 2013 CA 002697
BANK OF THE OZARKS,
AS SUCCESSOR IN INTEREST TO, AND ASSIGNEE OF, THE FEDERAL DEPOSIT INSURANCE
CORPORATION, AS RECEIVER OF HORIZON BANK,
Plaintiff, vs.
URBAN CAR WASH NO. 1, LLC, A FLORIDA LIMITED LIABILITY COMPANY, COX PROPERTIES, A FLORIDA JOINT VENTURE,
AS ASSIGNEE OF JAMES S. COX AND GARY R. COX, ROBERT E. BOURQUE, LYNDA L. BOURQUE, TENANT #1, AND TENANT
#2, THE NAMES BEING FICTITIOUS TO ACCOUNT FOR UNKNOWN PARTIES IN POSSESSION OF THE PROPERTY,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Uniform Final Judgment of Mortgage Foreclosure dated the 12th day of August 2014 and entered in the above-entitled cause in the Circuit Court of Manatee County, Florida, I will sell to the highest and best bidder for cash online at www.manatee.realforeclose.com, at 11:00 a.m. on the 17th day of September 2014, the interest in real property situated in Manatee County and described as:
EXHIBIT “ A”
PARCEL 1:
LOTS 8, 9, 15 AND 16, BLOCK B, HARMON PARK, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 60, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
PARCEL 2:
LOT 10, BLOCK B, HARMON PARK, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 60 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, LESS PORTION DESCRIBED IN DEED BOOK 120, PAGE 151 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE S.W. CORNER OF LOT 10 OF HARMON'S PARK AS RECORDED PLAT OF SAME AND RUNNING THENCE NORTH WITH THE RANGE LINE ROAD 52 FEET TO AN IRON STAKE RUNNING THENCE EAST PARALLEL WITH THE SOUTH LINE OF LOT 10 OF HARMON'S PARK 116 FEET TO AN IRON STAKE IN LOT 13 OF HARMON'S PARK; THENCE SOUTHWARDLY 52 FEET, MORE OR LESS TO THE SE COMER OF LOT 10 OF HARMON'S PARK; THENCE WITH THE SOUTH LINE OF LOT 10 OF HARMON'S PARK 104 FEET TO THE BEGINNING. LOT 11, BLOCK B, HARMON PARK, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 60 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; TOGETHER WITH LANDS BEING DESCRIBED AS: BEGINNING AT THE NW CORNER OF LOT 12, BLOCK B, HARMON PARK RUNNING SOUTHWARDLY 113 1/3 FEET TO IRON STAKE IN THE PROPERTY LINE OF G.M. AND R.M. BAKERS, THE SAME BEING 34 2/3 FEET EAST OF STAKE IN RANGE LINE ROAD THENCE RUNNING EASTWARDLY WITH BAKERS LINE 82 1/3 FEET; THENCE RUNNING NORTHWARDLY 83.1FEET TO STAKE IN EDGE OF STREET LINE; THENCE RUNNING WESTWARDLY WITH STREET 74 1/2 FEET TO POINT OF BEGINNING. BEING A PORTION OF LOTS 12 AND 13, BLOCK B, HARMON PARK. LESS: THAT PORTION OF LOTS 10 AND 11, LYING EAST OF AND WITHIN 50 FEET OF SURVEY LINE FOR ROAD NO. 683.
PARCEL 3:
LOT 14, BLOCK B, HARMON PARK, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 60, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; ALSO, THAT PART OF LOTS 10, 12 AND 13 BLOCK B OF SAID HARMON PARK, INCLUDED IN THE FOLLOWING DESCRIBED LAND, TO-WIT: BEGINNING ON THE SW COMER OF LOT 10, BLOCK B, OF SAID HARMON PARK SUBDIVISION RUNNING THENCE NORTH WITH RANGE LINE ROAD 52' TO AN IRON STAKE, RUNNING THENCE EAST PARALLEL WITH THE SOUTH LINE OF LOT 10, BLOCK B, OF SAID HARMON PARK, 116 FEET TO AN IRON STAKE IN LOT 13, BLOCK B, OF SAID HARMON PARK, THENCE SOUTHWARDLY 52' MORE OR LESS TO THE SE CORNER OF LOT 10, BLOCK B, OF SAID HARMON PARK; THENCE WITH THE SOUTH LINE OF LOT 10, BLOCK B, OF SAID HARMON PARK 104' TO THE BEGINNING; AND THAT PORTION OF LOT 13, BLOCK B OF SAID HARMON PARK DESCRIBED AS FOLLOWS: BEGINNING ON THE NE CORNER OF LOT 13, BLOCK B, OF SAID HARMON PARK SUBDIVISION RUNNING THENCE NORTHWARDLY WITH THE NORTH BOUNDARY LINE OF LOT 13, BLOCK B, OF SAID HARMON PARK TO AN OAK TREE, RUNNING THENCE SOUTHWARDLY WITH THE EAST BOUNDARY LINE OF LOT DESCRIBED IN DEED BOOK 119, PAGE 276, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA TO A POINT WHERE SAID LINES CROSS THE DIVIDING LINE BETWEEN LOTS 13 AND 14, BLOCK B, OF HARMON PARK, THENCE NORTHW ARDLY WITH THE DIVIDING LINE BETWEEN LOTS 13 AND 14, BLOCK B, OF HARMON PARK, TO THE P.O.B. LESS ANY PART OF SAID LAND LYING WITHIN THE RIGHT OF WAY 301.
ALSO LESS:
DESCRIPTION: (RIGHT OF WAY DEDICATION)
COMMENCE AT THE S.W. CORNER OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 18 EAST; THENCE N 00°06'08” E, ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 1039.94 FEET TO THE INTERSECTION WITH THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 8, BLOCK “B”, HARMON PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 4, PAGE 60, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE S 89°11'59” E, ALONG THE SOUTH LINE OF SAID LOT 8 AND WESTERLY EXTENSION THEREOF, A DISTANCE OF 50.00 FEET TO THE INTERSECTION WITH THE EAST R/W OF STATE ROAD NO. 683 (SECTION 1312-102) (OLD U.S. HIGHWAY 301) FOR A POINT OF BEGINNING; THENCE N 00°06'08” E, ALONG THE EAST R/W OF SAID STATE ROAD NO. 683, A DISTANCE OF 196.69 FEET TO THE P.C. OF A CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 2914.79 FEET; THENCE NORTHERLY, ALONG SAID EAST R/W AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°54'38”, A DISTANCE OF 97.20 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF LOT 11, OF SAID BLOCK “B” (ALSO BEING THE SOUTHWESTERLY R/W OF 15TH STREET COURT E.) AND A POINT ON A CURVE, WHOSE RADIUS POINT LIES S 17°26'24” W, A DISTANCE OF 328.00 FEET; THENCE SOUTHEASTERLY, ALONG THE SOUTHWESTERLY R/W OF SAID 15TH STREET COURT E. (ALSO BEING THE NORTHEASTERLY LINE OF SAID BLOCK “B”) AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°51'39”, A DISTANCE OF 10.65 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S 88°15'49” W, A RADIAL DISTANCE OF 2,924.79 FEET; THENCE SOUTHERLY ALONG THE ARC, PARALLEL TO SAID EAST R/W OF STATE ROAD NO. 683 AND 10.0 FEET EASTERLY THEREFROM, THROUGH A CENTRAL ANGLE OF 01°50'20”, A DISTANCE OF 93.87 FEET; THENCE S 00°06'08” W, PARALLEL TO SAID EAST R/W OF SAID STATE ROAD NO. 683 AND 10.0 FEET EASTERLY THEREFROM A DISTANCE OF 196.81 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF SAID LOT 8, BLOCK “B”; THENCE N 89°11'59” W, ALONG SAID SOUTH LINE OF LOT 8, BLOCK “B”, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,923 SQUARE FEET OR 0.07 ACRES, MORE OR LESS.
TOGETHER WITH ALL LEASES, RENTS, ISSUES AND PROFITS ARISING FROM THE ABOVE-DESCRIBED PROPERTY.
EXHIBIT “B”
ALL FIXTURES, FURNISHING, MATERIALS, SUPPLIES, EQUIPMENT, INVENTORY, LEASES, LICENSES, PERMITS, CONTRACTS, CONTRACT RIGHTS, ACCOUNTS, ACCOUNTS RECEIVABLE, RENTS, AND PERSONAL PROPERTY OF DEBTOR, LOCATED IN, ON, UNDER OR ABOVE, OR ARISING OUT OF THE PREMISES DESCRIBED IN THE PRECEDING EXHIBIT “A” ATTACHED HERETO AND SITUATE IN MANATEE COUNTY, FLORIDA, AND ALL PROFITS AND PROCEEDS ARISING THEREFROM.
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.
s/ Janelle L. Esposito
Janelle L. Esposito, Esquire,
FBN 0035631
Patrick G. Bryant, Esquire,
FBN 0060287
Attorneys for Bank of the Ozarks
Esposito Law Group, P.A.
P. O. Box 9266,
Bradenton, Florida 34206
(941) 251-0000
(941) 251-4044 (Fax)
[email protected]
[email protected]
August 15, 22, 2014 14-02462M