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NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO.: 2015-CA-002941-NC
CJUF III CENTENNIAL LLC, a Delaware limited liability company,
Plaintiff, vs.
BKOP1, LLC, a Florida limited liability company, and
BURTON-SHARE MANAGEMENT COMPANY, a Michigan corporation,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure entered on June 9, 2015, in Case No. 2015-CA-002941-NC, in the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida, that the Clerk of the Court will sell to the highest and best bidder for cash at the hour of 9:00 A.M. on July 15, 2015, through Sarasota County's on-line foreclosure sale website: www.sarasota.realforeclose.com, in accordance with Chapter 45, Florida Statutes, the property described as follows:
See Exhibit “A” attached.
EXHIBIT “A”
SUBJECT PROPERTY
PARCEL 1:
THAT PART OF TRACTS 32, 33, 34, 35, 36, 37, 40, 41 AND 42, PALMER FARMS FIRST UNIT, A SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 216, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 42; THENCE NORTH 89° 03' 25” WEST, 20.00 FEET TO THE WEST LINE OF SARASOTA COUNTY RIGHT-OF-WAY LINE FOR CATTLEMEN ROAD, PER OFFICIAL RECORDS BOOK 1794, PAGE 1724, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE CONTINUE NORTH 89° 03' 25” WEST, 470.03 FEET TO A POINT OF BEGINNING OF LANDS BEING DESCRIBED; THENCE CONTINUE NORTH 89° 03' 25” WEST 1474.01 FEET; THENCE NORTH 00° 20' 28” EAST, 222.62 FEET; THENCE NORTH 89° 08' 53” WEST, 15.0 FEET TO THE EASTERLY LINE OF A 52.00 FOOT WIDE DRAINAGE CANAL, AS RECORDED IN PLAT BOOK 2, PAGE 216, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE ALONG SAID EASTERLY LINE, NORTH 00° 20' 20” EAST, 1451.14 FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 88° 28' 15” EAST, 640.65 FEET; THENCE NORTH 00° 19' 39” EAST, 317.80 FEET TO THE SOUTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROAD NO. 780 AS RECORDED IN ROAD PLAT BOOK 2, PAGE 15, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, NORTH 88° 31' 43” EAST, 281.79 FEET; THENCE SOUTH 01° 28' 17” EAST, 106.00 FEET; THENCE NORTH 88° 31' 43” EAST, 26.55 FEET TO A POINT LYING ON THE WESTERLY LINE OF SARASOTA COUNTY RIGHT-OF-WAY PARCEL 83, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1794, PAGE 1730, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, ALSO BEING A POINT ON A CURVE CONCAVE TO THE EAST WHOSE RADIUS LIES NORTH 76° 26 '57” EAST, 442.26 FEET FROM SAID POINT, HAVING A DELTA ANGLE OF 57° 52' 53” AND WHOSE CHORD BEARS SOUTH 42° 29' 14” EAST; THENCE ALONG SAID CURVE SOUTHERLY AND IN A COUNTER CLOCKWISE DIRECTION, 446.72 FEET; THENCE TANGENT TO LAST SAID CURVE, SOUTH 71° 25' 26” EAST, 481.24 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 376.26 FEET AND A DELTA ANGLE OF 71° 43' 46”, WHOSE CHORD BEARS SOUTH 35° 33' 33” EAST; THENCE ALONG LAST SAID CURVE SOUTHERLY AND IN A CLOCKWISE DIRECTION, 471.05 FEET; THENCE TANGENT TO LAST SAID CURVE, SOUTH 00° 18' 21” WEST, 875.26 FEET; THENCE LEAVING SAID WESTERLY LINE OF SARASOTA COUNTY RIGHT-OF-WAY PARCEL 83, NORTH 73° 17' 43” WEST, 82.00 FEET; THENCE NORTH 65° 54' 27” WEST, 96.00 FEET; THENCE NORTH 89° 03' 25” WEST, 303.51 FEET; THENCE SOUTH 00° 18' 21” WEST, 300.02 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THAT PARCEL KNOWN AS LOWES PARCEL DESCRIBED AS FOLLOWS:
A PART OF TRACTS 32 TO 37, INCLUSIVE, OF PALMER FARMS FIRST UNIT, AS SHOWN ON THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 216, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 42, OF SAID PALMER FARMS FIRST UNIT; THENCE ALONG THE SOUTH LINE OF SAID TRACT 42, NORTH 89° 55' 14” WEST, A DISTANCE OF 20.00 FEET, TO THE WESTERLY RIGHT-OF-WAY LINE OF CATTLEMEN ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 1794, PAGE 1724, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, THE FOLLOWING TWO (2) COURSES AND DISTANCES: (1) NORTH 00° 36' 18” WEST, 1115.16 FEET, TO A POINT OF CURVATURE: (2) THENCE 126.01 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 376.26 FEET AND A CHORD OF 125.42 FEET WHICH BEARS NORTH 10° 11' 57” WEST, FOR A POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 89° 22' 39” WEST, 939.33 FEET; THENCE SOUTH 00° 02' 47” WEST, 147.98 FEET; THENCE NORTH 89° 56' 53” WEST, 997.76 FEET, TO THE WEST LINE OF SAID TRACT 32; THENCE ALONG THE WEST LINE OF SAID TRACT 32, ALSO BEING THE EAST LINE OF 52 FOOT WIDE CANAL RIGHT-OF-WAY, NORTH 00° 37' 21” WEST, 594.84 FEET; THENCE NORTH 87° 38' 56” EAST, 642.44 FEET; THENCE NORTH 00° 27' 48” WEST, 317.63 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 780 (FRUITVILLE ROAD) AS SHOWN ON STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 17075-2409 (2417), DATE OF LAST REVISION FEBRUARY 18, 1974; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 780, NORTH 87° 38' 56” EAST, 117.18 FEET; THENCE SOUTH 368.25 FEET; THENCE EAST, 181.72 FEET; THENCE 66.18 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 125.00 FEET AND A CHORD OF 65.41 FEET WHICH BEARS NORTH 74° 49' 57” EAST; THENCE 31.61 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 35.00 FEET AND A CHORD OF 30.55 FEET WHICH BEARS NORTH 33° 47' 27” EAST; THENCE NORTH 46° 52' 39” EAST, 52.09 FEET, TO SAID WESTERLY RIGHT-OF-WAY LINE OF CATTLEMEN ROAD; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF CATTLEMEN ROAD THE FOLLOWING TWO (2) COURSES AND DISTANCES: (1) 225.65 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 442.26 FEET AND A CHORD OF 223.21 FEET WHICH BEARS SOUTH 57° 44' 20” EAST; (2) SOUTH 72° 21' 19” EAST, 168.25 FEET; THENCE SOUTH 00° 04' 51” EAST, 277.32 FEET; THENCE NORTH 89° 22' 32” EAST, 370.81 FEET; THENCE 33.40 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 53.86 FEET AND A CHORD OF 32.87 FEET WHICH BEARS NORTH 72° 05' 17” EAST; THENCE NORTH 52° 18' 11” EAST, 86.86 FEET, TO SAID WESTERLY RIGHT-OF-WAY LINE OF CATTLEMEN ROAD; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF CATTLEMEN ROAD, 134.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 376.26 FEET AND A CHORD OF 133.99 FEET WHICH BEARS SOUTH 30° 02' 57” EAST, TO THE POINT OF BEGINNING.
AND LESS AND EXCEPT THAT PARCEL KNOWN AS OUTPARCEL B, DESCRIBED AS:
A PART OF TRACTS 34 AND 35 OF PALMER FARMS FIRST UNIT, AS SHOWN ON THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 216, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 780 (FRUITVILLE ROAD) AS SHOWN ON STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 17075-2409 (2417), DATE OF LAST REVISION FEBRUARY 18, 1974, WITH THE WESTERLY RIGHT-OF-WAY LINE OF CATTLEMEN ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 1794, PAGE 1724, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE CONTINUE ALONG SAID WEST RIGHT-OF-WAY LINE, THE FOLLOWING THREE (3) COURSES AND DISTANCES: (1) SOUTH 02° 21' 04” EAST, 106.00 FEET; (2) NORTH 87° 38' 56” EAST, 26.28 FEET; (3) 221.40 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 442.26 FEET AND A CHORD OF 219.10 FEET WHICH BEARS SOUTH 28° 46' 51” EAST; THENCE SOUTH 46° 52' 39” WEST, 52.09 FEET; THENCE 31.61 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 35.00 FEET AND A CHORD OF 30.55 FEET WHICH BEARS SOUTH 33° 47' 27” WEST; THENCE 66.18 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 125.00 FEET AND A CHORD OF 65.41 FEET WHICH BEARS SOUTH 74° 49' 57” WEST; THENCE WEST, 181.72 FEET; THENCE NORTH, 368.25 FEET, TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 780, THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH 87° 38' 56” EAST, 163.91 FEET, TO THE POINT OF BEGINNING.
AND LESS AND EXCEPT THAT PARCEL KNOWN AS OUTPARCEL C, DESCRIBED AS:
A PART OF TRACTS 36 AND 37 OF PALMER FARMS FIRST UNIT, AS SHOWN ON THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 216, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 42, OF SAID PALMER FARMS FIRST UNIT; THENCE ALONG THE SOUTH LINE OF SAID TRACT 42, NORTH 89° 55' 14” WEST, A DISTANCE OF 20.00 FEET, TO THE WESTERLY RIGHT-OF-WAY LINE OF CATTLEMEN ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 1794, PAGE 1724, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, THE FOLLOWING TWO (2) COURSES AND DISTANCES: (1) NORTH 00° 36' 18” WEST, 1115.16 FEET, TO A POINT OF CURVATURE; (2) THENCE 260.71 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 376.26 FEET AND A CHORD OF 255.53 FEET WHICH BEARS NORTH 20° 27' 19” WEST, FOR A POINT OF BEGINNING; THENCE SOUTH 52° 18' 11” WEST, 86.86 FEET; THENCE 33.40 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 53.85 FEET AND A CHORD OF 32.87 FEET WHICH BEARS SOUTH 72° 05' 17” WEST; THENCE SOUTH 89° 22' 32” WEST, 370.81 FEET; THENCE NORTH 00° 04' 51” WEST, 277.32 FEET, TO SAID WESTERLY RIGHT-OF-WAY LINE OF CATTLEMEN ROAD; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF CATTLEMEN ROAD, THE FOLLOWING TWO (2) COURSES AND DISTANCES: (1) SOUTH 72° 21' 19” EAST, 313.02 FEET; (2) 210.47 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 376.26 FEET AND A CHORD OF 207.74 FEET WHICH BEARS SOUTH 56° 19' 49” EAST, TO THE POINT OF BEGINNING.
AND LESS AND EXCEPT THOSE PORTIONS THEREOF CONVEYED TO SARASOTA COUNTY BY WARRANTY DEEDS RECORDED UNDER OFFICIAL RECORDS INSTRUMENT NO. 2010060130 AND OFFICIAL RECORDS INSTRUMENT NO. 2010060134, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
AND LESS AND EXCEPT THAT PORTION THEREOF CONVEYED TO SARASOTA COUNTY BY WARRANTY DEED RECORDED UNDER OFFICIAL RECORDS INSTRUMENT NO. 2010060132, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
TOGETHER WITH:
ALL TANGIBLE PERSONAL PROPERTY, INTANGIBLE PERSONAL PROPERTY AND FIXTURES DESCRIBED IN THE SUBJECT LOAN DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, THAT CERTAIN MORTGAGE AND SECURITY AGREEMENT RECORDED NOVEMBER 6, 2006 AS OFFICIAL RECORDS INSTRUMENT NO. 2006195619 IN THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, AS AFFECTED BY THOSE CERTAIN PARTIAL RELEASES OF MORTGAGE RECORDED MAY 17, 2010 AS OFFICIAL RECORDS INSTRUMENT NO. 2010060131, RECORDED MAY 17, 2010 AS OFFICIAL RECORDS INSTRUMENT NO. 2010060133, RECORDED MAY 17, 2010 AS OFFICIAL RECORDS INSTRUMENT NO. 2010060135, AND JANUARY 26, 2015 AS OFFICIAL RECORDS INSTRUMENT NO. 2015008877, ALL IN THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THAT CERTAIN ASSIGNMENT OF LEASES AND RENTS RECORDED ON NOVEMBER 6, 2006 AS OFFICIAL RECORDS INSTRUMENT NO. 2006195620 IN THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THAT CERTAIN UNIFORM COMMERCIAL CODE FINANCING STATEMENT RECORDED ON NOVEMBER 6, 2006 AS OFFICIAL RECORDS INSTRUMENT NO. 2006195621 IN THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THAT CERTAIN UCC-3 CONTINUATION FINANCING STATEMENT RECORDED JUNE 15, 2011 AS OFFICIAL RECORDS INSTRUMENT NO. 2011069753 IN THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THAT CERTAIN UNIFORM COMMERCIAL CODE FINANCING STATEMENT FILED NOVEMBER 20, 2006 WITH THE FLORIDA SECURED TRANSACTION REGISTRY AS DOCUMENT #200604184067; THAT CERTAIN UCC-3 CONTINUATION FINANCING STATEMENT FILED NOVEMBER 4, 2011 WITH THE FLORIDA SECURED TRANSACTION REGISTRY AS DOCUMENT #201105611777; THAT CERTAIN MORTGAGE AND LOAN DOCUMENT ASSIGNMENT RECORDED OCTOBER 6, 2011 AS OFFICIAL RECORDS INSTRUMENT NO. 2011116002 IN PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THAT CERTAIN UCC-3 AMENDMENT RECORDED OCTOBER 6, 2011 AS OFFICIAL RECORDS INSTRUMENT NO. 2011116003 IN THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THAT CERTAIN UCC-3 AMENDMENT FILED OCTOBER 6, 2011 WITH THE FLORIDA SECURED TRANSACTION REGISTRY AS DOCUMENT #201105443955; THAT CERTAIN MORTGAGE AND LOAN DOCUMENT ASSIGNMENT RECORDED OCTOBER 6, 2011 AS OFFICIAL RECORDS INSTRUMENT NO. 2011116004 IN THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THAT CERTAIN UCC-3 AMENDMENT RECORDED OCTOBER 6, 2011 AS OFFICIAL RECORDS INSTRUMENT NO. 2011116005 IN THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THAT CERTAIN UCC-3 AMENDMENT FILED OCTOBER 11, 2011 WITH THE FLORIDA SECURED TRANSACTION REGISTRY AS DOCUMENT #201105468907, AND THAT CERTAIN FIRST AMENDMENT TO MORTGAGE AND SECURITY AGREEMENT AND OMNIBUS AMENDMENT TO COLLATERAL DOCUMENTS RECORDED ON MAY 11, 2012, AS OFFICIAL RECORDS INSTRUMENT NO. 2012060852.
TOGETHER WITH:
ALL DEPOSITS, RIGHTS TITLE AND INTEREST OF BKOP1 IN CONNECTION WITH THAT CERTAIN STATE OF FLORIDA HAZARDOUS WASTE FACILITY STANDBY TRUST FUND AGREEMENT TO DEMONSTRATE FINANCIAL ASSURANCE THAT WAS ESTABLISHED ON JUNE 27, 2007, BETWEEN BKOP1 AS “GRANTOR” AND SALEM TRUST COMPANY AS “TRUSTEE”, AS SUCH AGREEMENT MAY HAVE BEEN OR MAY BE AMENDED, SUPPLEMENTED OR REPLACED.
(ALL OF THE FOREGOING IS COLLECTIVELY REFERRED TO AS THE “SUBJECT PROPERTY”)
Any person claiming an 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.
NOTICE
AMERICAN WITH DISABILITIES ACT OF 1990
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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941) 861- 8000, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 771.
/s/ Gary Soles
Gary Soles
Florida Bar No. 0614149
Michael S. Provenzale
Florida Bar No. 0056834
Lowndes, Drosdick,
Doster, Kantor & Reed, P.A.
450 S. Orange Avenue, Suite 200
Orlando, FL 32801
Tel: 407-843-4600
Fax: 407-843-4444
[email protected]
michael.provenzale@
lowndes-law.com
[email protected]
[email protected]
Attorneys for Plaintiff,
CJUF III Centennial LLC
June 19, 26, 2015 15-02575S