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FIRST INSERTION
SECOND AMENDED NOTICE OF SALE ON COMPLAINT
(Counts V and VI)
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO: 2013 CA 001338 NC
CADENCE BANK, as successor to Suncoast Bank,
Plaintiff, v.
TOMMY K., LLC, a Florida limited liability company; THOMAS J. KONECNY, individually and SUSAN A. KONECNY, individually, jointly and severally; UNDERGROUND AUTOSTYLING, INC., a Florida corporation; EDJ HOLDING COMPANY, INC., a Missouri corporation d/b/a EDWARD JONES INVESTMENTS; FARR FAMILY HOLDINGS, INC., a Florida Corporation; CORNERSTONE MASSAGE and BILLY WETHERINGTON, C.P.A., PROFESSIONAL ASSOCIATION,
Defendants.
NOTICE IS HEREBY GIVEN that the undersigned, the Clerk of the Circuit Court for Sarasota County, Florida, under and pursuant to the Uniform Final Judgment of Mortgage Foreclosure heretofore entered on the 22nd day of October, 2013, in that certain cause pending in the Circuit Court of the Twelfth Judicial Circuit, in and for Sarasota County, Florida, being Civil Action No. 2013 CA 001338 NC, in which CADENCE BANK, as successor to Suncoast Bank (“Cadence”), is the Plaintiff and TOMMY K., LLC, a Florida limited liability company (“Tommy K”); THOMAS J. KONECNY, individually (“Thomas”) and SUSAN A. KONECNY, individually (“Susan”), jointly and severally; UNDERGROUND AUTOSTYLING, INC., a Florida corporation (“Underground Autostyling”); EDJ HOLDING, INC., a Missouri corporation d/b/a EDWARD JONES INVESTMENTS (“Edward Jones”); FARR FAMILY HOLDINGS, INC., a Florida Corporation (“Farr Family Holdings”); CORNERSTONE MASSAGE (“Cornerstone”) and BILLY WETHERINGTON, C.P.A., Professional Association (“Wetherington”), are the Defendants and under and pursuant to the terms of the said Uniform Final Judgment of Mortgage Foreclosure will offer for sale at public outcry to the highest and best bidder for cash, except as set out hereinafter, via the Internet at www.sarasota.realforeclose.com, on the 21st day of April, 2014, at the hour of 9:00 a.m., the same being a legal sales day and the hour a legal hour of sale, the real and personal property situated in Sarasota County, Florida and legally described as follows:
Real Property
Commence at the Southeast corner of Section 17, Township 37 South, Range 18 East, and go North 89° 23'24” West, 565.45 feet, along the South boundary of the Southeast 1/4 of said Section 17; thence North 38° 49'09” West 282.37 feet, along a line 250.00 feet Northeasterly of and parallel to the Easterly right-of-way line of U.S. Highway No. 41, to the Point of Beginning; thence North 89° 23'24” West, 127.77 feet; thence North 38° 49'09” West; 58.88 feet, along a line 151.31 feet Northeasterly of and parallel to the Easterly right-of-way line of U.S. Highway No. 41; thence South 75° 00'05” West, 165.40 feet, to a point on the Easterly right-of-way line of U.S. Highway No. 41; thence North 38° 49'09” West, 145.00 feet along said Easterly right-of-way line; thence South 89° 32'53” East, 322.93 feet; thence South 38° 49'09” East, 147.42 feet; along a line of 250.00 feet East of and parallel to the Easterly right-of-way line of U.S. Highway 41 to the Point of Beginning.
together with all improvements, tenements, hereditaments and appurtenances pertaining thereto.
Personal Property
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property described in Exhibit “B” (hereinafter referred to as the “Property”) and including all trade, domestic and ornamental fixtures now or hereafter located in, upon or under the Property now owned or hereafter acquired by Debtor, including but not limited to all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps, tanks; motors; conduits; switchboards; plumbing, lighting, 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, wall board, cabinets, nails, 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 in, upon or under the Property, including but not limited to all water mains, service laterals, hydrants, valves and appurtenances, and all sanitary sewer lines; including mains, laterals, manholes and appurtenances.
All of Debtor's rights, title and interest in and to the materials, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter in, upon or under the Property.
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.
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 guaranties of such leases or rental arrangements and including all present and future security deposits and advance rentals, and any and all assignments of rent with respect to the Property or any part thereof.
Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise or 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 Property described in Exhibit “B” or in this Exhibit.
All of Debtor's right, title and interest 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 in Exhibit “B” or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses or of 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, and all of Debtor's right, title and interest in and to any and all governmental licenses, permits, approvals, allocations and similar matters and documents obtained or to be obtained in connection with said development, construction and operation of the Property.
All of Debtor's right, title and interest 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 Exhibit “B” property.
All of Debtor's interest in all utility security deposits or bonds with respect to the Exhibit “B” Property or any part or parcel thereof.
All inventory, furniture, fixtures, supplies, equipment, accounts receivable, replacements and substitutions, contract rights, and insurance proceeds.
Exhibit B
Commence at the Southeast corner of Section 17, Township 37 South, Range 18 East, and go North 89° 23'24” West, 565.45 feet, along the South boundary of the Southeast 1/4 of said Section 17; thence North 38° 49'09” West 282.37 feet, along a line 250.00 feet Northeasterly of and parallel to the Easterly right-of-way line of U.S. Highway No. 41, to the Point of Beginning; thence North 89° 23'24” West, 127.77 feet; thence North 38° 49'09” West; 58.88 feet, along a line 151.31 feet Northeasterly of and parallel to the Easterly right-of-way line of U.S. Highway No. 41; thence South 75° 00'05” West, 165.40 feet, to a point on the Easterly right-of-way line of U.S. Highway No. 41; thence North 38° 49'09” West, 145.00 feet along said Easterly right-of-way line; thence South 89° 32'53” East, 322.93 feet; thence South 38° 49'09” East, 147.42 feet; along a line of 250.00 feet East of and parallel to the Easterly right-of-way line of U.S. Highway 41 to the Point of Beginning.
The property aforesaid, together with all improvements, buildings, fixtures, tenements, hereditaments and appurtenances thereto belonging, or in anywise appertaining, is being sold to satisfy Cadence's claims under said Judgment.
Any person claiming 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.
DATED this 11th day of March, 2014.
/s/ John M. Brennan
JOHN M. BRENNAN
Florida Bar No.: 297951
Primary E-Mail Address:
[email protected]
Secondary E-Mail Address:
[email protected]
[email protected]
GrayRobinson, P.A.
301 E. Pine Street, Suite 1400
Post Office Box 3068
Orlando, Florida 32802-3068
(407) 843-8880 Telephone
(407) 244-5690 Facsimile
Attorneys for Plaintiff,
Cadence Bank, as successor
to Suncoast Bank
# 1298941 v1
March 14, 21, 2014 14-01165S