14-04316S

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO. 2014 CA 004702 NC
DIVISION: C
THE BANK OF COMMERCE, a Florida corporation,
Plaintiff, vs.
MANDARIN INVESTMENTS, LLC, a Florida limited liability company
Defendant.
NOTICE IS HEREBY GIVEN pursuant to the Uniform Final Judgment of Mortgage Foreclosure, dated September 19, 2014, entered in Civil Case No. 2014 CA 004702, Division C of the Circuit Court of the Twelfth Judicial Circuit, in and for Sarasota County, Florida, wherein THE BANK OF COMMERCE, a Florida corporation, is the Plaintiff, and MANDARIN INVESTMENTS, LLC, a Florida limited liability company, is the Defendant.
The Sarasota County Clerk of Court will sell to the highest bidder for cash, via online auction at https://www.sarasota.realforeclose.com, in accordance with Chapters 702 and 45 of the Florida Statutes, beginning at the hour of 9 o'clock A.M., on Friday, October 24, 2014, the following described property, as set forth in said Uniform Final Judgment of Mortgage Foreclosure, to wit:
See attached
Exhibit “A” and Exhibit “B”
EXHIBIT A
(Real Property)
The South 295 feet of the East 260 feet of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 18, Township 36 South, Range 18 east, Less the East 60 feet thereof for road right-of-way, all lying and being in Sarasota County, Florida.
Less and except that portion conveyed to the State of Florida Department of Transportation, as set forth in Warranty Deed recorded December 13, 2005 in Official Records Instrument No. 2005274433, and more particularly described as follows:
FP No. 1980101
Section 17120-000
Parcel 127
That portion of the northeast ¼ of the southeast ¼ of Section 18, Township 36 South, Range 18 East, Sarasota County, Florida.
Being described as follows:
Begin at the intersection of the south line of a 25 foot City of Sarasota Roadway Easement (per Official Records Book 2119, Page 2070, Public Records of Sarasota County, Florida) and the west existing right of way line of State Road 683 (U.S. 301 per Section 1712-(102) 2104); thence along said south line, North 89°17'19” West a distance of 77.25 feet; thence leaving said south line, North 00°42'41” East a distance of 25.00 feet to the north line of said Roadway Easements; thence along said north line, South 89°17'19” East a distance of 76.72 feet to the west existing right of way line of said State Road 683; thence along said west existing right of way line, South 00°30'40” East a distance of 25.01 feet to the POINT OF BEGINNING.
Containing 1,915 square feet.

EXHIBIT B
All of the following property, rights, interests and estates (collectively, the “Property”) owned as of the date of the Mortgage, or thereafter acquired, by the MANDARIN INVESTMENTS, LLC, a Florida limited liability company (the “Borrower”):
i. That certain tract of land in the County of Sarasota, State of Florida, described in Exhibit A attached hereto and made part hereof (the “Land”);
ii. All buildings and improvements now or hereafter erected on the Land;
iii. All fixtures, machinery, equipment and other articles of real, personal or mixed property attached to, situated or installed in or upon, or used in the operation or maintenance of, the Land or any buildings or improvements situated thereon, whether or not such real, personal or mixed property is or shall be affixed to the Land;
iv. All building materials, building machinery and building equipment delivered on site to the Land during the course of, or in connection with, any construction, repair or renovation of the buildings and improvements situated or to be situated thereon;
v. All leases, licenses or occupancy agreements of all or any part of the Land and all extensions, renewals, and modifications thereof, and any options, rights of first refusal or guarantees relating thereto; all rents, income, revenues, security deposits, issues, profits, awards and payments of any kind payable under the leases or otherwise arising from the Land;
vi. All contract rights, accounts receivable and general intangibles relating to the Land or the use, occupancy, maintenance, construction, repair or operation thereof; all management agreements, franchise agreements, utility agreements and deposits; all maps, plans, surveys and specifications; all warranties and guaranties; all permits, licenses and approvals; and all insurance policies;
vii. All estates, rights, tenements, hereditaments, privileges, easements, and appurtenances of any kind benefitting the Land; all means of access to and from the Land, whether public or private; and all water and mineral rights; and
viii. All “Proceeds” of any of the above-described property, which term shall have the meaning given to it in the Uniform Commercial Code of the jurisdiction where this Mortgage is recorded (the “UCC”), whether cash or non-cash, and including insurance proceeds and condemnation awards; and all replacements, substitutions and accessions thereof.
Capitalized terms used above in this Exhibit B without definition have the meanings given them in the “Loan Documents” (as defined in the Complaint).
Together with:
All now owned or existing or hereafter acquired or created furniture, furnishings, fixtures, equipment, accounts receivable, contract rights, inventory, intangibles, wherever located and all other forms of personal property including, without limitation, the property described below, together with the proceeds thereof and insurance proceeds paid on account of the property, as well as all replacements, additions and accessions at any time in the future.
All rights, title and interest of Borrower in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the Property described as follows (herein referred to as “Property”) or under or above the same or any part of parcel thereof.
SEE ATTACHED EXHIBIT “A” - LEGAL DESCRIPTION
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 of future operation of the Property and now owned or hereafter acquired by Borrower, 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 communication 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, walls, 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 additions and accessions thereto and replacements thereof.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Borrower and which are now or hereafter located by, over and upon the Property or any part of 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, road, walkways or entrance ways now or hereafter owned by Borrower and which are now or hereafter located on the Property or any part of parcel thereof.
All of Borrower'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 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 Borrower during the life of the security agreements or any extension or renewal thereof, 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 Property described herein.
All of the right, title and interest of the Borrower 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 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 Borrower arising from contracts entered into in connection with development, construction upon, operation or sale of part or all of the Property, including contract or sales deposits including all deposits, rents, issues, profits and income from the Property.
All furniture, furnishings, appliances and equipment and all other tangible personal property now or hereafter owned or acquired by the Borrower or now or hereafter located or installed at or in any other improvements on the Property or elsewhere at or on the Property, together with all accessories and parts now attached to or used in connection with any such Property or which may hereafter at any time be placed in or added thereto and also any and all replacements and proceeds of any such Property.
All architectural and engineering plans and specifications, surveys, site plans, permits, approvals, authorizations, deposits, appraisals, feasibility studies and development proposals now or hereafter existing pertaining to the Property.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THIS SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN SIXTY (60) DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER SIXTY (60) DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
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.
MATTHEW T. BLACKSHEAR
Florida Bar No. 632694
Shutts & Bowen LLP
4301 W. Boy Scout Blvd., Suite 300
Tampa, Florida 33607
Telephone: (813) 227-8110
Facsimile: (813) 227-8210
Email: [email protected]
Attorney for Plaintiff
October 3, 10, 2014 14-04316S

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