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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
Case No. 2016 CA 001701
MAGNOLIA PARK CONDOMINIUM ASSOCIATION, INC., a Florida Not-for-Profit Corporation,
Plaintiff, vs.
WATERFORD AT MAGNOLIA PARK, INC., a Florida Corporation, f/k/a Waterford Construction Condominiums, Inc., f/k/a North Port Villas, Inc.; UNKNOWN PARTY IN POSSESSION #1; and, UNKNOWN PARTY IN POSSESSION #2;
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure of Plaintiff, Magnolia Park Condominium Association, Inc., entered in the above-styled case number 2016 CA 001701 NC in the Circuit Court of Sarasota County, Florida, that Karen E. Rushing, Sarasota Clerk of the Court, will sell the following property situated in Sarasota County, Florida, described as:
a. County: Sarasota
b. Property Address: See below for parcel property address
c. Legal Description:
Magnolia Park, a Condominium, according to the Declaration of Condominium recorded in Official Records Instrument No. 2006210474, and amendments thereto, and as per plat thereof recorded in Condominium Book 40, Page 10, of the Public Records of Sarasota County, Florida.
LESS the following Condominium Units in Phase 1 thereof: Unit 813, Building 8; Unit 923, Building 9; Unit 811, Building 8; Unit 821, Building 8; Unit 924, Building 9; Unit 914, Building 9; Unit 910, Building 9; Unit 822, Building 8; Unit 913, Building 9; Unit 823, Building 8; Unit 912, Building 9; Unit 1022, Building 10; Unit 1021, Building 10; Unit 1023, Building 10; Unit 1024, Building 10; Unit 712, Building 7; Unit 734, Building 7; Unit 722, Building 7; Unit 1014, Building 10; Unit 1013, Building 10; Unit 1012, Building 10; Unit 711, Building 7; Unit 713, Building 7; Unit 732, Building 7; Unit 724, Building 7; Unit 723, Building 7; Unit 733, Building 7; Unit 624, Building 6; Unit 613, Building 6; Unit 634, Building 6; Unit 632, Building 6; Unit 631, Building 6; Unit 633, Building 6; Unit 612, Building 6; Unit 721, Building 7; Unit 623, Building 6; Unit 611; Building 6; Unit 621, Building 6; Unit 614, Building 6; Unit 812, Building 8; Unit 622, Building 6; Unit 731, Building 7; Unit 714, Building 7; Unit 1011, Building 10; Unit 922, Building 9; Unit 824, Building 8; Unit 814, Building 8.
ALSO LESS the following Condominium Units in Phase 2 thereof: Unit 322, Building 3; Unit 311, Building 3; Unit 511, Building 5; Unit 534, Building 5; Unit 314, Building 3; Unit 313, Building 3; Unit 323, Building 3; Unit 321, Building 3; Unit 312, Building 3; Unit 531, Building 5; Unit 324, Building 3; Unit 521, Building 5; Unit 532, Building 5; Unit 533, Building 5; Unit 513, Building 5; Unit 514, Building 5; Unit 524, Building 5; Unit 522, Building 5; Unit 523, Building 5; Unit 512, Building 5.
TOGETHER WITH the buildings and improvements now or at any time in the future situated on the Property;
TOGETHER WITH all and singular tenements, hereditaments, appurtenances, easements, riparian and other rights now or at any time in the future belonging or appurtenant to the Property, including but not limited to the rights, if any, in all adjacent roads, ways, streams, alleys, strips and gores, and the reversion or reversions, remainder or remainders, rents, issues and profits of the Property, and all the estate, right, title, interest, property, claim and demand whatsoever of Mortgagor of, in and to the Property;
TOGETHER WITH all machinery, apparatus, equipment, fittings, fixtures, furniture, furnishings, and articles of every kind and nature whatsoever (collectively and individually, “Equipment”) now or at any time in the future owned by Mortgagor and located in, upon or under the Property or any improvements on the Property (whether actually or constructively attached to it) and used or usable in connection with any present or future operation of the Property or such improvements, including without limitation all heating, air conditioning, air cooling, sprinkling, freezing, lighting, water distribution, electric distribution, laundry, incinerating, plumbing, sewage, processing, lifting, cleaning, vacuuming, fire prevention, fire extinguishing, refrigerating, ventilating, telephone and communications systems, apparatuses, fixtures, conduits and attachments; all dynamos, generating and power equipment; all engines, pipes, pumps, tanks, motors, switchboards, lifting stations, boilers, ranges, furnaces, oil burners or units of them; all appliances, carpeting, under padding, elevators, escalators, shades, awnings, screens, blinds, storm doors and windows; all cabinets, partitions, ducts, and compressors; and any other items of property acquired by Mortgagor, wherever the same may be kept or stored if acquired with the intent of being incorporated in and/or used in connection with the Property or any improvements to the Property; together also with respect to all additions and replacements, to execute and deliver from time to time such further instruments as may be required by the Lender to confirm their inclusion in the Property subject to this Mortgage; all of which foregoing items described in this paragraph are declared to be part of the real estate and encumbered by this Mortgage;
TOGETHER WITH (a) any and all awards or payments, including interest on them and the right to receive them, growing out of or resulting from any exercise of the power of eminent domain, including the taking of the Premises, as defined below, or any alteration of the grade of any street, or any other injury to, taking of, or decrease in the value of the Premises; (b) any unearned premiums on any hazard, casualty, liability, or other insurance policy carried for the benefit of Mortgagor, the Lender and/or the Premises; (c) Mortgagor's rights in and to all supplies and materials delivered to or located upon the Property; and (d) Mortgagor's rights in, to, under, by virtue of, arising from, growing out of or related to any and all present and future contracts, instruments, accounts, insurance policies, permits, licenses, trade names, plans, appraisals, reports, paid fees, choses-in-action, subdivision restrictions or declarations or other contractual rights and intangibles whatsoever now or subsequently dealing with, affecting or concerning the Property or any improvements to it, including but not limited to (i) all architect's, engineer's, contractor's, subcontractor's contracts and all other contracts, and all plans and permits for or related to the Property, its development or the construction or refurbishing of improvements on it, (ii) any agreements for the provisions of utilities to the Property, (iii) all payment, performance and other bond, (iv) any contracts now existing or at any time in the future made for the sale by Mortgagor of the Property, including any deposits paid by any purchasers (however such deposits may be held) and any proceeds of such sales contracts, including any purchase money notes and mortgages made by such purchasers, and (v) any declaration of condominium, covenants, restrictions, easements or similar documents now or at any time in the future recorded against the Property;
TOGETHER WITH all of Mortgagor's rights to enter into any lease or lease agreement or agreements regarding the Property, and all of Mortgagor's rights further to encumber the Property for debt;
TOGETHER WITH any and all profits and proceeds arising from, related to, or growing out of any of the Property, Equipment, appurtenances, rights and all other property of whatever nature described in and granted in this Mortgage.
at public sale, to the highest and best bidder for cash, to be conducted online at www.sarasota.realforeclose.com at 9:00 a.m., on the 27th day of May, 2016.
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: 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 on 4/22/16.
DARREN R. INVERSO
For the Court
Darren R. Inverso, Esq.
Erik M. Hanson, Esq.
Norton Hammersley
Lopez & Skokos, P.A.
1819 Main Street,
Suite 610
Sarasota, Florida 34236
Telephone: 941-954-4691
Facsimile: 941-954-2128
Attorneys for Plaintiff
11995-9 00956877.DOC;1 4/21/2016
April 29; May 6, 2016 16-01141S