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FIRST INSERTION
AMENDED NOTICE OF SALE
in the CIRCUIT court OF THE TWELFTH JUDICIAL CIRCUIT
in and for
SARASOTA county, floridA
Case No. 2012-CA-002807 NC
CADENCE BANK, N.A.,
Plaintiff, v.
LAUREL PARK VENTURES, INC., a Florida corporation, DEVIN P. RUTKOWSKI, MARIAN RUTKOWSKI, LINDA E. HOLLAND, BEVERLY SCOTT, MICHAEL COWAN, E. BILLUE GUIGNARD, UNKNOWN TENANT #1, UNKNOWN TENANT #2, and UNKNOWN TENANT #3,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure entered in the above styled case, number 2012-CA-002807 NC in the Circuit Court of Sarasota County, Florida, that I, Karen E. Rushing, Sarasota County Clerk, will sell the following property situated in Sarasota County, Florida, described as:
Lots 4 and 5, Block D, SCHINDLER'S RESUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page(s) 28, Public Records of Sarasota County, Florida, LESS AND EXCEPT:
Commence at the Southwest corner of Lot 5, Block D of said Schindler Resubdivision, thence East along the South line of Lot 5 for 93.42 feet for a Point of Beginning; thence continue due East, 50.58 feet; thence North 00 degrees 07'05” West, 131.10 feet; thence North 89 degrees 59'54 West 50.34 feet; thence South 00 degrees 00'40” East, 131.11 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:
All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the property described above (herein referred to as the “Property”) or under or above the same or any part or parcel thereof.
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the Property and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon or under the Property or any part thereof and used or usable in connection with any present or future operation of the Property now owned or hereafter acquired by Debtor, including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps, tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing; refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces, oil burners or units thereof; appliances; air cooling and air conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades, awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings; together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all proceeds, additions and accessions thereto and replacements thereof.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over and upon the Property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Property or any part or parcel thereof.
All of Debtor's interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by Debtor during the life of the security agreements or any extension or renewal thereof, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.
Any and all awards or payments, including interest thereon and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of or decrease in the value of the real or personal property described above or herein.
All of the right, title and interest of the Debtor in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property described above or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon or operation of the Property, including, but not limited to, all deposits held by or on behalf of the Debtor, and all management, franchise, and service agreements related to the business now or hereafter conducted by the Debtor on the Property.
All of the right, title and interest of the Debtor in and to any trade names, names of businesses or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Property.
All of Debtor's interest in all utility security deposits or bonds on the Property or any part or parcel thereof.
All licenses, permits, approvals, certificates and agreements with or from all boards, agencies, departments, governmental or otherwise, relating directly or indirectly to the ownership, use, operation and maintenance of the Property, or the development or construction of improvements on the Property, whether heretofore or hereafter issued or executed.
All contracts, subcontracts, agreements, service agreements, warranties and purchase orders which have heretofore been or will hereinafter be executed by or on behalf of the Debtor, or which have been assigned to Debtor, in connection with the use, operation and maintenance of the Property, or the development or construction of improvement on the Property, including but not limited to those specific agreements listed below.
Any and all plans and specifications, drawings, blueprints or other instruments or matter prepared by or for Debtor in connection with the Property, and any and all additions and/or modifications thereto.
All contracts and agreements which have heretofore been or will hereafter be executed by or on behalf of Debtor in connection with the sale of any portion of the Property.
Together with all instruments, documents, chattel papers and general business intangibles relating to or arising from the foregoing collateral and all cash and non-cash proceeds and products thereof.
at public sale, to the highest and best bidder for cash, via the internet: WWW.SARASOTA.REALFORECLOSE.COM, at 9:00 a.m. on August 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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, 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 3rd day of July, 2014.
/s/Robert F. Greene
Robert F. Greene, Esquire
Florida Bar No. 252832
GREENE HAMRICK QUINLAN &
SCHERMER, P.A.
Florida Bar No. 252832
Post Office Box 551
Bradenton, Florida 34206
Telephone: (941) 747-1871
Facsimile: (941) 747-2991
[email protected]
[email protected]
Attorneys for Plaintiff
July 11, 18, 2014 14-03031S