15-01046M

NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 2014 CA 002806
AMERICAN MOMENTUM BANK
Plaintiff, vs.
EAST 15TH STREET, INC.; JACYN BEACON REALTY, LLC; MARVIN KAPLAN; MICHAEL S. BENNETT; TENANT #1, AS AN UNKNOWN PARTY IN POSSESSION
Defendants.
NOTICE is hereby given pursuant to the Final Judgment entered in the above noted case that the following property will be sold in Manatee County, Florida by the Manatee County Clerk, described as:
Begin at the Southeast corner of said 145th Street East and the Northerly right of way line of State Road No. 64 and the point of curvature of a curve to the right whose radius point bears N 00°41'35” E, a distance of 35.00 feet; Thence Northerly along the Easterly right of way line of said 145th Street East the following four (4) courses: (1) Northwesterly along the arc of said curve through a central angle of 89°18'25”, a distance of 54.55 feet to a point of tangency; (2) N 00°00'00” E, a distance of 220.19 feet to the point of curvature of a curve to the right having a radius of 100.00 feet; (3) Northeasterly along the arc of said curve through a central angle of 61°53'32”, a distance of 108.02 feet to a point of reverse curvature with a curve to the left having a radius of 150.00 feet; (4) Northeasterly along the arc of said curve through a central angle of 46°25'13”, a distance of 121.53 feet to the Southwest corner of Tract “K” of said subdivision; Thence S 89°23'24” E, a distance of 17.12 feet to the Southeast corner of said Tract “K” and an intersection with the East line of said parcel recorded in Official Record Book 1658, Page 1193 of said public records; Thence S 00°34'13” W, along said East line, a distance of 436.80 feet to an intersection with said Northerly right of way line; Thence N 89°18'25” W, along said Northerly right of way line, a distance of 104.98 feet to the point of beginning.

Lying and being in Section 34, Township 34 South, Range 19 East, Manatee County, Florida.

(“Mortgaged Property”) together with:

(a) Improvements, Fixtures, Personal Property. All buildings, structures, and improvements situated on the Mortgaged Property, and all fixtures or appurtenances erected now or at any time in the future on the Mortgaged Property, and all machinery, equipment and personal property (including any construction and building materials) of every nature whatsoever including all furniture, furnishings, goods, equipment and inventory, together with any proceeds thereof and any replacements thereof, which are now or may be located in the future on the Mortgaged Property, together with all and singular the tenements, hereditaments, easements and appurtenances thereunder belonging or in any way appertaining, and the rents, issues and profits thereof, and also all the estate, right, title, interest and all claims and demands whatsoever, in law and in equity, of the Mortgagor in and to the same, and every part and parcel 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, disposals, 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 Mortgaged Property, owned by Mortgagor 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 Mortgaged Property, buildings, structures or other improvements, including all extensions, additions, improvements, betterments, renewals and replacements to any of the foregoing.

(b) Easements. All easements, rights of way, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interest, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, now or in the future in any way belonging, relating or appertaining to any of the Mortgaged Property, and the reversions, remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of the Mortgagor of, in and to the same.

(c) Eminent Domain. All judgments, awards, damages, and settlements, resulting from condemnation proceedings concerning the Mortgaged Property or the taking of the Mortgaged Property or any part of the Mortgaged Property under the power of eminent domain.

(d) Insurance Proceeds. All right, title and interest in all unearned premiums accrued, accruing, or to accrue under any and all insurance policies payable for the loss of or damage to (a) the Mortgaged Property, or (b) rents, revenues, income, profits, or proceeds from leases, concessions, or licenses, of or on any part of the Mortgaged Property.

(e) Licenses, Permits, Etc. All Mortgagor's interest in any licenses, permits, deposits, tap fees, utility agreements, or similar items, existing now or at any time in the future, which in any way, relate to or are useful in connection with the operation of the Mortgaged Property or the improvements thereon.

(f) Contracts, Rents and Profits. All rents, issues, profits, proceeds, contract rights and proceeds and revenues derived from room rentals, or from the operation of any business or service located on the Mortgaged Property.
At public sale, to the highest and best bidder for cash, via the internet at www.manatee.realforeclose.com, at 11:00 a.m. on the 29th day of May, 2015. The highest bidder shall immediately post with the Clerk, a deposit equal to 5% of the final bid. The deposit must be cash or cashier's check payable to the Clerk of the Circuit Court. Final payment must be made on or before 4:00 p.m. of the date of sale by cash or cashier's check.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 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 accommodations 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: April 23, 2015
By: /s/ Shannon G Hankin
Shannon G. Hankin, Esquire
Florida Bar No. 812471
Attorneys For Plaintiff
Respectfully submitted,
Hankin & Hankin
6841 Energy Court
Lakewood Ranch, FL 34240
May 1, 8, 2015 15-01046M

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