15-01053S

FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR SARASOTA COUNTY
CIRCUIT CIVIL CASE NO.
2012-CA-000651 NC
TANDY LOANCO, LLC, a Delaware limited liability company, as Trustee of the Peach LoanCo Grantor Trust I, a Grantor Trust established pursuant to Grantor Trust Agreement and Declaration of Trust dated as of June 27, 2011, as successor in interest to Synovus Bank f/k/a Synovus Bank of Tampa Bay,
Plaintiff, v.
VENTURA COMMERCE PARK, LLC, a Florida limited liability company; CHRISTOPHER A. DEVESO, individually; THOMAS P. MCGINLEY, individually; et al, Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Summary Final Judgment of Foreclosure (as to Counts I and II) dated February 17, 2015, entered in Case No. 2012-CA-000651 NC of the Circuit Court of Sarasota County, Florida, wherein Peach REO, LLC, a Delaware limited liability company, is the Plaintiff, and Ventura Commerce Park, LLC, a Florida limited liability company; James A. Stape; Anthony Lyon d/b/a LePetit Jardin Cafe; MB-CAK, Inc.; Watermark Realty, Inc., a Delaware corporation, d/b/as Prudential Florida Realty; Galleria on Venice Avenue Condominium Association, Inc., a Florida not-for-profit corporation; Galleria on Venice Avenue Master Association, Inc., a Florida not-for-profit corporation; and Venice Gateway Business Park, LLC, a dissolved Florida limited liability company, are the Defendants, that the Clerk will sell to the highest and best bidder for cash online at www.sarasota.realforeclose.com on April 20, 2015 at 9:00 a.m., the following described property as set forth in said Final Judgment:
SEE ATTACHED EXHIBIT “A.”
EXHIBIT “A”
LEGAL DESCRIPTION
The land referred to herein below is situated in the County of Sarasota, State of Florida, and is described as follows:

PARCEL 1:

Block A, CAPRI ISLES UNIT 3, as per plat thereof recorded in Plat Book 22, Pages 8 through 8D, of the Public Records of Sarasota County, Florida, LESS those lands previously conveyed to Gondola Park Joint Venture by virtue of Warranty Deed recorded in Official Records Book 2083, Page 2238, of the Public Records of Sarasota County, Florida, AND LESS, that property taken for additional Right-of-Way for Venice Avenue East described in an Order of Taking as recorded in Official Records Book 1835, Page 1475, Public Records of Sarasota County, Florida.

Together with beneficial easements more particularly set out in that Special Warranty Deed between Ventura Commerce Park, LLC, a Florida limited liability company, Grantor, and Orion Bank, Grantee, as recorded in Official Records Instrument No. 2008031608.

PARCEL 2:

Commence at the Northwest corner of Section 9, Township 39 South, Range 19 East; thence North 89°35'07” East along the Section line, 1324.61 feet to the Northwest corner of the West 1/2 of the East 3/4 of Section 9; thence South 00°31'18” East along the West line of said West 1/2 of the East 3/4, 2385.46 feet; thence North 89°34'18” East, 1344.99 feet; thence North 00° 40' 04” West, 25 feet for a point of beginning; thence North 89°34'18” East, 153 feet; thence South 00°40'04” East 25 feet; thence North 89°34'18” East, 171 feet; thence South 00°40'04” East, 690 feet to the North R/W line of Venice Avenue East; thence South 89°34'18” West along said R/W line, 324 feet; thence North 00°40'04” West, 715 feet to the Point of Beginning.

LESS the following property described in Order of Taking recorded in O.R. Book 1835, Page 1475, Public Records of Sarasota County, Florida; that part of: Commence at the Northwest corner of Section 9, Township 39 South, Range 19 East; thence North 89°35' 07” East along the Section line, 1324.61 feet to the Northwest corner of the West 1/2 of the East 3/4 of Section 9; thence South 00°31'18” East along the West line of said West 1/2 of the East 3/4, 2385.46 feet; thence North 89°34'18” East, 1344.99 feet; thence North 00°40'04” West, 25 feet for a Point of Beginning; thence North 89°34'18” East, 153 feet; thence South 00°40'04” East, 25 feet for a point of beginning; thence North 89°34'18” East, 153 feet; thence South 00°40'04” East 25 feet; thence North 89°34'18” East, 171 feet; thence South 00°40'04” East, 690 feet to the North R/W line of Venice Avenue East; thence South 89°34' 18” West along said R/W line, 324 feet; thence North 00°40'04” West, 715 feet to the Point of Beginning, which lies South of a line that is 86.00 feet North of and parallel with the center line of survey of Venice Avenue according to the Right-of-Way map thereof filed in Road Plat Book 2, at Pages 43 through 43G, of the Public Records of Sarasota County, Florida.

Part of the above has been submitted to condominium ownership and is now known as Galleria on Venice Avenue, a Condominium, pursuant to and according to the Declaration of Condominium recorded in Official Records Instrument No. 2008163436, as amended Official Records Instrument No. 2008163438 and further amended in Official Records Instrument No. 2008163440 and as affected by Withdrawal Notice from Declaration of Condominium of GALLERIA ON VENICE AVENUE, a Condominium recorded in Instrument No. 2013156474, all of the Public Records of Sarasota County, Florida. (collectively the “Condominium Declaration”)

LESS and except the following: That portion of the above described property as set forth in those certain Special Warranty Deeds recorded in Official Records Instrument No. 2008031608 and Official Records Instrument No. 2013156475, and less and except Proposed Phase 6 (being proposed Building 10) as described in Official Records Instrument No. 2014050953, also less and except Units 1A, 2A 1B, 2B, 1C, 2C, 2D, 3D, 2E and 2F of Galleria on Venice Avenue, a Condominium as described and set forth in the aforesaid Declaration of Condominium.

Together with beneficial easements more particularly set out in that Special Warranty Deed between Ventura Commerce Park, LLC, a Florida limited liability company, Grantor, and Orion Bank, Grantee, as recorded in Official Records Instrument No. 2008031608.

Together with the following:

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 Debtor 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 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 and 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 communication apparatus, boilers, rangers, 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 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 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 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, (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 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 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, 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 Debtor 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.

Together with each license, permit, application or approval with respect to the Property and Debtor's contemplated construction of improvements thereon, as well as Debtor's development rights and interests therein, and shall also include, but not be limited to, all contract rights of Debtor with either prospective, third party purchases of units or out-parcels developed and sold by Debtor with respect to the Property and portions thereof, or with, professionals for the development of the Property and construction of improvements thereon, including contractors, architects, and/or engineers, and any and all products and proceeds of such professional contracts, including, without limitation, contractor bids and proposals, architectural drawings, plans and/or specifications, engineering drawings, plans and/or specifications, survey drawings and diagrams, of any nature whatsoever, relating to all or any portion of the Property; provided, however, nothing herein shall be construed as imposing any liability on Secured Party as a successor developer.
**ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (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.
Submitted on March 3, 2015.
/s/ Gerald D. Davis
Gerald D. Davis
Florida Bar No. 764698
Trenam, Kemker, Scharf,
Barkin, Frye, O'neill & Mullis, P.A.
200 Central Avenue, Suite 1600
St. Petersburg, FL 33701
(727) 896-7171
Attorney for Plaintiff
March 6, 13, 2015 15-01053S

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