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FIRST INSERTION
AMENDED NOTICE OF
FORECLOSURE SALE
IN THE COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR
SARASOTA COUNTY, STATE OF FLORIDA
CASE NO.: 2009 CA 006946 NC
COLONY LENDER, LLC
Plaintiff, vs.
COLONY BEACH, INC., et al.,
Defendants.
NOTICE is hereby given pursuant to an Order on Motion to Reschedule Foreclosure Sale entered on March 13, 2014 and pursuant to the Final Judgment as to Plaintiff's Complaint entered on August 27, 2013, in case number 2009 CA 006946 NC, of the Twelfth Judicial Circuit in and for Sarasota County, Florida wherein Colony Lender, LLC, is the Plaintiff and Colony Beach, Inc., et al, are the Defendants. The Clerk of Court sell to the highest bidder for cash via the foreclosure sale conducted via internet at www.sarasota.realforeclose.com on 9th day of May, 2014, at 9:00 a.m., the following described property in Sarasota County, Florida, as set forth in said Order on Motion to Reschedule Foreclosure Sale, to wit:
See Exhibits “A” and “B” attached hereto
EXHIBIT “A”
As to Colony Beach & Tennis Club, Inc., a 45% interest; and As to Colony beach, Inc., a 35% interest in:
PARCEL 1:
Parcel A
Begin at a point on the North line of U.S. Government Lot 4 in Section 17, Township 36 South, Range 17 East, Sarasota County, Florida, 613.5 feet West of the Northeast corner of said Lot 4, said point being in the center of the John Ringling Parkway pavement; thence South 46 deg West 996.0 feet; thence South 44 deg East, 364.68 feet; thence North 46 deg East, 46.03 feet to the principal PLACE OF BEGINNING; thence along the arc of a curve deflecting left an arc distance of 148.35 feet; thence chord of which bears South 31 deg 49 min 36 sec East, a chord distance of 120.63 feet, said curve having a radius of 68.00 feet; thence along the arc of a curve deflecting to the left an arc distance of 87.65 feet, the chord of which bears North 4 deg 28 min 24 sec East, a chord distance of 61.24 feet; said curve having a radius of 31.00 feet; thence along the arc of a curve deflecting to the right an arc distance of 49.43 feet, the chord of which bears North 47 deg 01 min 36 sec West, a chord distance of 47.27 feet; said curve having a radius of 48.00 feet; thence North 74 deg 31 min 36 sec West, 36.46 feet to the principal PLACE OF BEGINNING.
Parcel B
Begin at a point on the North line of U.S. Government Lot 4 in Section 17, Township 36 South, Range 17 East, Sarasota County, Florida, 613.5 feet West of the Northeast corner of said Lot 4, said point being in the center of the John Ringling Parkway pavement; thence South 46 deg West, 50.00 feet to the West right-of-way line of said Parkway (Gulf of Mexico Drive); thence South 44 deg East, 590.00 feet along the West right-of-way line of said Parkway (Gulf of Mexico Drive) to the principal PLACE OF BEGINNING; thence South 46 deg West, 165.00 feet; thence South 44 deg East, 190.00 feet; thence North 46 deg East, 165.00 feet; thence North 44 deg West, 190.00 feet to the principal PLACE OF BEGINNING.
Parcel C
Begin on the North line of U.S. Government Lot 4 in Section 17, Township 36 South, Range 17 East, Sarasota County, Florida, 613.5 West of the Northeast corner of said Lot 4, said point being in the center of the John Ringling Parkway pavement; thence South 46 deg West, 50.00 feet to the West right-of-way line of said Parkway (Gulf of Mexico Drive); thence South 44 deg East, 155.00 feet along the West right-of-way line of said Parkway (Gulf of Mexico Drive); thence South 46 deg West, 120.91 feet; thence South 44 deg East, 65.00 feet; thence South 46 deg West, 90.93 feet; thence South 44 deg East, 62.00 feet; thence South 46 deg West, 50.00 feet to the principal PLACE OF BEGINNING; thence continuing South 46 deg West, 325.00 feet; thence North 44 deg West, 20.00 feet; thence South 46 deg West, 60.00 feet; thence South 44 deg East, 159.00 feet; thence North 46 deg East, 60.00 feet; thence North 44 deg West, 20.00 feet; thence North 46 deg East, 325.00 feet; thence North 44 deg West, 119.00 feet to the principal PLACE OF BEGINNING.
Parcel D
Begin at a point on the North line of Government Lot 4 in Section 17, Township 36 South, Range 17 East, Sarasota County, Florida, 613.5 feet West of the Northeast corner of said Lot 4, said point being in the center of the John Ringling Parkway pavement; thence South 46 deg West, 50.00 feet to the West right-of-way line of said Parkway (Gulf of Mexico Drive); thence South 44 deg East, 155.00 feet along the West right-of-way line of said Parkway (Gulf of Mexico Drive) to the principal PLACE OF BEGINNING; thence South 46 deg West, 120.91 feet; thence South 44 deg East, 65.00 feet; thence South 46 deg West, 90.93 feet; thence south 44 deg East, 245.00 feet; thence North 46 deg East, 90.93 feet; thence North 44 deg West, 65.00 feet; thence North 46 deg East, 120.91 feet to a point on the West right-of-way line of said Parkway (Gulf of Mexico Drive); thence North 44 deg West, 245.00 feet to the principal PLACE OF BEGINNING.
Parcel E
Locker Room Unit B and Meeting Room and Club House Unit D of COLONY BEACH & TENNIS CLUB, a Condominium according to the Declaration thereof recorded in Official Records Book 1025, Pages 200 through 277, inclusive, and as per Condominium Plat Book 7, Pages 12 through 12F, inclusive, public records of Sarasota County, Florida, together with all appurtenances thereto.
As to Colony Beach, Inc., a 100% interest in:
PARCEL 2:
Unit A, also known as Bar and Restaurant of COLONY BEACH & TENNIS CLUB, a Condominium according to the Declaration thereof recorded in Official Records Book 1025, Pages 200 through 277, inclusive, and as per Condominium Plat Book 7, Pages 12 through 12F, inclusive, and amendments thereto, public records of Sarasota County, Florida.
As to Murray J. Klauber, a 100% interest in:
PARCEL 3:
Penthouse Unit 501 of COLONY BEACH & TENNIS CLUB, a Condominium according to the Declaration thereof recorded in Official Records Book 1025, Pages 200 through 277, inclusive, and as per Condominium Plat Book 7, Pages 12 through 12F, inclusive, and amendments thereto, public records of Sarasota County, Florida.
As to Colony Beach & Tennis Club, Inc., a 45% interest; and As to Colony Beach, Inc., a 35% interest in:
PARCEL 4:
Units F and G of COLONY BEACH & TENNIS CLUB, a Condominium according to the Declaration thereof recorded in Official Records Book 1025, Pages 200 through 277, inclusive, and as per Condominium Plat Book 7, Pages 12 through 12F, inclusive, and amendments thereto, public records of Sarasota County, Florida.
(A) Each of the above-described parcels together with all the improvements now or hereafter erected on such property and all fixtures now or hereafter attached thereto, together with each and every tenements, hereditaments, easements, rights, powers, privileges, immunities and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions, remainder and remainders, and also all the estate, right, title, interest, homestead, right of dower, separate estate, property, possession and claim whatsoever in law as well as in equity of any mortgagor of, in and to the same in every part and parcel thereof unto mortgagee in fee simple.
EXHIBIT “B”
As to: Le Tennique, Inc. (the “Debtor”)
The following described collateral:
All inventory, furniture, furnishings, fixtures, equipment, leasehold interests, leasehold improvements, contract rights, accounts receivable, deposits, accounts, trade names, trademarks and general intangibles, and all other personal property, tangible and intangible, comprising the business presently known as Le Tennique situate in or upon that certain real property described in Exhibit “A” (the “Property”) and which items now are or may be hereafter in and upon the Property, whether the same be attached or unattached, and whether the same be detached or detachable, which are owned in either absolute title or as to the lessee's interest therein at any time by the Debtor, together with the proceeds thereof including all insurance proceeds as well as all replacements, additions and accessions at any time in the future.
ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF THE FINAL JUDGMENT AND FORECLOSURE SALE 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 18th day of March, 2014.
/s/ Morgan R. Bentley
MORGAN R. BENTLEY, ESQ.
Florida Bar No. 0962287
KEVIN R. BRUNING, ESQ.
Florida Bar No. 0411485
BENTLEY & BRUNING, P.A.
783 South Orange Ave., Suite 220 Sarasota, FL 34236
Phone: 941-556-9030/
Fax: 941-312-5316
Primary Email:
[email protected]
Secondary Email:
[email protected]
Secondary Email:
[email protected]
Co-Counsels for Plaintiff
March 21, 28, 2014 14-01255S