14-00258M

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA
CASE NO.: 2013 CA 002342
THE NORTHERN TRUST COMPANY, an Illinois banking corporation, successor by merger to Northern Trust, NA,
Plaintiff, v.
ROAD-RUNNER HIGHWAY SIGNS, INC., a Florida corporation, CAROL DE LA GARZA, an individual, JOSEPH DE LA GARZA, an individual, CJ DELAGARZA PROPERTIES, LLC, a Florida limited liability company, and UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, a federal agency.
Defendants.
Notice is hereby given that, pursuant to the Uniform Final Judgment of Mortgage Foreclosure and the Agreed Order Cancelling and Rescheduling Foreclosure Sale entered in the above-captioned action, R.B. Chips Shore, the Manatee County Clerk of the Circuit Court, will sell the property situated in Manatee County, Florida described on Exhibit A attached hereto and by this reference made a part hereof, at public sale, to the highest and best bidder for cash online at www.manatee.realforeclose.com in accordance with Section 45.031, Florida Statutes, and the bidding and sale procedures specified on the aforementioned website.
This sale shall be conducted with other similar sales on March 19, 2014, which sales shall begin promptly at 11:00 a.m. or as soon as possible thereafter.
Exhibit A
All right, title, and interest of CJ DeLaGarza Properties, LLC (“DLG Properties”) in and to those certain parcels of land located generally in Manatee County, Florida, more particularly described as follows, together with any and all timber, stumpage, minerals, topsoils, merchantable sod, muck, peat, humus, sand, and common clay (the “Real Property”): Parcel 1: The North 181.03 feet of the following described property: Begin at the Northwest corner of the Northeast ¼ of the Northeast ¼ of Section 12, Township 35 South, Range 17 East; thence S 00°05'20” East, along the West line of said Northeast ¼ of Northeast ¼, 40.00 feet to the intersection of said line and the South right of way of Cortez Road; thence S 89°44'25” East along said South right of way, parallel to the North line of said Northeast ¼ of Northeast ¼, and 40.00 feet therefrom, 380.00 feet for a point of beginning; thence continue S 89°44'25” East, along said South right of way of Cortez Road, 155.00 feet; thence S 00°05'20” East, parallel to the West line of said Northeast ¼ of Northeast ¼ and 535.0 feet there from, 562.06 feet; thence N 89°44'25” West, parallel to said South right of way of Cortez Road, and 562.06 feet there from, 155.00 feet to the intersection of said line and the East right of way of a proposed 50.0 foot Wide Street (12th Street Court East); thence N 00°05'20” West, along said proposed East right of way, parallel to the West line of said Northeast ¼ of Northeast ¼ and 380.0 feet there from, 562.06 feet to the point of beginning. Being and lying in Section 12, Township 35 South, Range 17 East, Manatee County, Florida. Parcel 2: Begin at the Northwest corner of the Northeast ¼ of the Northeast ¼ of Section 12, Township 35 South, Range 17 East; thence S 00°05'20” East, along the West line of said Northeast ¼ of Northeast ¼, 40.00 feet to the intersection of said line and the South right of way of Cortez Road; thence S 89°44'25” East, along said South right of way, parallel to the North line of said Northeast ¼ of Northeast ¼, and 40.00 feet there from, 380.00 feet for a point of beginning; thence continue S 89°44'25” East along said South right of way of Cortez Road, 155.00 feet; thence S 00°05'20” East, parallel to the West line of said Northeast ¼ of Northeast ¼ and 535.0 feet there from, 562.06 feet; thence N 89°44'25” West, parallel to said South right of way of Cortez Road, and 562.06 feet there from, 155.00 feet to the intersection of said line and the East right of way of a proposed 50.0 foot Wide Street (12th Street Court East); thence N 00°05'20” West, along said proposed East right of way, parallel to the West line of said Northeast ¼ of Northeast ¼ and 380.0 feet there from, 562.06 feet to the point of beginning. Being and lying in Section 12, Township 35 South, Range 17 East, Manatee County, Florida. Less the North 181.03 feet thereof. Parcel 3: Commence at the Northwest corner of the Northeast 1/4 of the Northeast 1/4 of Section 12, Township 35 South, Range 17 East; thence S 00° 05'20”E, along the West line of said Northeast 1/4 of the Northeast 1/4, a distance of 40.00 feet to the intersection of said line and the South right of way of Cortez Road; thence S 89° 44'25” E, along said South right of way parallel to the said Northeast 1/4 of Northeast 1/4, and 40.00 feet therefrom, a distance of 380.00 feet; thence continue S 89° 44'25”E, along said line, a distance of 155.00 feet for a point of beginning; thence continue S 89° 44'25”E, along said line, a distance of 175.00 feet; thence S 00° 05'20”E, a distance of 812.06 feet; thence N 89° 44'25” W, a distance of 330.00 feet to the intersection with the West right of way of 12th Street Court East; thence N 00° 05'20” W, along said West right of way, a distance of 250.00 feet; thence S 89° 44'25” E, a distance of 155.00 feet; thence N 00° 05'20” w, a distance of 562.06 feet to the intersection with the said South right of way of Cortez Road to the point of beginning. Lying and being in Section 12, Township 35 South, Range 17 East Manatee County, Florida. TOGETHER WITH: (a) All buildings, structures, and other improvements of any nature situated in whole or in part upon the Real Property, regardless of whether physically affixed or now or hereafter severed or capable of severance from the Real Property (the “Improvements”); (b) All easements, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, tenements, hereditaments and appurtenances, in any way belonging, relating or pertaining to the Real Property, together with all reversions, remainders, rents, issues and profits; (c) All DLG Properties' right, title, and interest in and to all fixtures, and physically affixed machinery, equipment, tools, construction materials and supplies and tangible personal property, together with all replacements, repairs, and substitutions attached to the Real Property or the Improvements including all furniture, furnishings, goods, equipment and inventory, together with any proceeds thereof and any replacements thereof and also all gas and electric fixtures, cabinets, ovens, hoods, vent fans, radiators, heaters, air conditioning equipment, machinery boilers, ranges, elevators and motors, bath tubs, sinks, water closets, water basins, pipes, faucets, washing machines, dryers, stoves, deposals, refrigerators, dishwashers, carpeting, drapes, all electrical conduit, light fixtures, plumbing lines and fixtures, mantels, window screens, screen doors, venetian blinds, storm shutters and awnings, pool equipment and other recreational equipment; all furniture, furnishings and equipment necessary to the operation of the Real Property, owned by DLG Properties now or at any time in the future and located in, on or under, or used or intended to be used in connection with the operation of the Real Property, buildings, Improvements, betterments, renewals and replacements to any of the foregoing (the “Tangible Property”); (d) All rents, issues, incomes, and profits arising from the Real Property, the Improvements or the Tangible Property and concessions relating to the possession, use or occupancy of the Real Property, the Improvements or the Tangible Property (the “Rents”); (e) All of DLG Properties' rights, title and interest in all contracts, other agreements, equipment leases related to the improvement, use, management, operation, sale or other disposition (voluntary or involuntary) of the Real Property, the Improvements, the Tangible Property, or the Rents, including all deposits, prepaid items, and payments due or to become due under any of the contracts and, if applicable, all DLG Properties' rights as developer or owner under any declaration of condominium and all other condominium documents, if any, affecting the Real Property and the Improvements (the “Contract Rights”); (f) All of DLG Properties' right, title and interest in accounts, instruments and general intangibles (as that term is defined in the Florida Uniform Commercial Code) related to the construction, use, management, operation, sale, or other disposition (voluntary or involuntary) of the Real Property, the Improvements, the Tangible Property, or the Rents, including, without limitation, all permits, licenses, governmental approvals or consents, insurance policies or proceeds, rights of action, and other chooses in action (the “Intangible Property”); and (g) All proceeds of the conversion (voluntary or involuntary) of any of the foregoing into cash or other liquidated claims, and all proceeds that are payable to DLG Properties for injury or loss to, or the taking, conversion, requisitioning or destruction of, any of the foregoing, including all insurance and condemnation proceeds (collectively, all of the foregoing real and personal property, together with the Real Property, is referred to as the “Property”). Capitalized terms not defined above shall have the meanings assigned to them in the Florida Uniform Commercial Code, Chapter 679, Florida Statutes (2012)
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: January 20, 2014.
By s/ Timothy R. Buskirk
Michael E. Demont
Timothy R. Buskirk
Florida Bar Number: 364088
Florida Bar Number: 58314
SMITH HULSEY & BUSEY
225 Water Street, Suite 1800
Jacksonville, Florida 32202
(904) 359 7700
(904) 359-7708 (facsimile)
[email protected]
[email protected]
Attorneys for
The Northern Trust Company
January 24, 31, 2014 14-00258M

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