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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL ACTION
Case No.: 2019 CA 1681
Circuit Civil Division B
RABO AGRIFINANCE LLC,
a Delaware limited liability company, f/k/a RABO AGRIFINANCE, INC., Plaintiff, vs.
RUSS CITRUS GROVES LIMITED, a Florida general partnership;
RUSS GROVE SERVICE, INC., a Florida corporation;
JAMES GARY RUSS, as Trustee of the Land Trust Agreement
dated February 7, 1995;
JAMES GARY RUSS a/k/a JAMES G. RUSS a/k/a GARY RUSS;
CATHRYNE ANN RUSS a/k/a CATHRYNE A. RUSS
a/k/a CATHRYNE RUSS; and
CHRISTOPHER SHANE RUSS a/k/a CHRISTOPHER S. RUSS
a/k/a SHANE RUSS,
Defendants.
Notice is hereby given that Angelina M. Colonneso, Clerk of the Circuit Court and Comptroller, Manatee County, Florida, will, on July 24, 2019, 2019 at 11:00 AM, conduct through the Internet for Manatee County foreclosures at www.manatee.realforeclose.com, offer for sale and sell to the highest and best bidder for cash, the property described in Exhibit A attached hereto pursuant to the Default Judgment of Foreclosure entered on May 30, 2019, in a case pending in said Court, the style of which is Rabo AgriFinance LLC vs. Russ Citrus Groves Limited, et al, and the case number of which is 2019 CA 1681.
EXHIBIT A
Parcel 1 - Sarasota County, Florida: Parcel ID# 0530-00-4000
The NE 1/4 of the SE 1/4 of Section 13, Township 36 South, Range 20 East, Sarasota County, Florida.
Parcel 2 - Sarasota County, Florida:
Begin at the southeast corner of Section 13, Township 36 South, Range 20 East; thence run north along the east line of the section 2739.66 feet to the point of beginning; thence run S 89Ëš59'49” West 489.31 feet to a point of the right-of-way of Singletary Road; thence run N 78Ëš16'04” East 499.44 feet along the right-of-way of Singletary Road; thence run south 00Ëš10'17” East 101.53 feet to the point of beginning. LESS maintained right-of-way for Singletary Road.
Parcel 3 - Manatee County, Florida: Parcel ID#2080000059
Begin at the Southeast corner of SE 1/4 of the SW 1/4 of Section 18, Township 36 South, Range 21 East and run North 575 feet along the East line, then West and parallel to the South line of the section 775 feet; then run South 575 feet parallel to the East line; then run East 775 feet along the South line to the point of beginning;
LESS: Commence at the Southeast corner of the SW 1/4 of Section 18, Township 36 South, Range 21 East, Manatee County, Florida; thence S 88Ëš27'05” W, along the South line of said Section 18, a distance of 723.58 feet; thence N 01Ëš13'11” E, 339.09 feet for a point of beginning; thence continue N 01Ëš 13'11” E, 232.55 feet; thence N 85Ëš42'47”E, 180.55 feet; thence S 22Ëš10'17” E, 257.17 feet; thence S 89Ëš58'28” W, 286.65 feet to the point of beginning. .
Parcel 4 - Manatee County, Florida: Parcel ID#208010058
The SE 1/4 of the SW 1/4 of Section 18, Township 36 South, Range 21 East LESS a parcel on the NW corner 420 feet North and South and 550 feet East and West and LESS begin at the SE corner of SE 1/4 of the SW 1/4 of Section 18, Township 36 South, Range 21 East and run North 575 feet along the East line; then West and parallel to the South line of the section 725 feet; then run South 575 feet parallel to the East line; then run East 775 feet along the South line to the POB.
Parcel 5 - Manatee County, Florida: Parcel ID#207800004
The NE 1/4 of the SW 1/4 of Section 18, Township 36 South, Range 21 East, LESS the North 300 feet of the NE 1/4 of SW 1/4 of Section 18, Township 36 South, Range 21 East, Manatee County, Florida.
Parcel 6 - Manatee County, Florida: Parcel ID#s 207000059; 209800002; 209610054; 209700004; 302010004; 305000059; 303700059 and 203710009
SR 64 PROPERTY:
THAT PORTION OF SECTION 5, TOWNSHIP 35 SOUTH, RANGE 20 EAST, MANATEE COUNTY, FLORIDA AND PLAT OF ARMITAGE TRACT 25, ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 1, PAGE 316, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NE CORNER OF SAID SECTION 5; THENCE S 00 DEGREES 29' 05” E, ALONG THE EAST LINE OF SAID SECTION 5, 135.30 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 64 (A 100 FOOT WIDE RIGHT-OF-WAY). THENCE S 89 DEGREES 48' 05” W, ALONG SAID RIGHT-OF-WAY LINE, 902.39 FEET; THENCE S 00 DEGREES 39' 14” E, 208.71 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE S 00 DEGREES 39' 14” E, 725.31 FEET; THENCE S 89 DEGREES 48' 11” W, 206.81 FEET; THENCE N 00 DEGREES 17' 08” W, 212.72 FEET; THENCE N 89 DEGREES 23' 08” W, 838.05 FEET; THENCE N 00 DEGREES 17' 07 W, 722.46 FEET TO THE AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 64; THENCE S 89 DEGREES 23' 08” E, ALONG SAID RIGHT-OF-WAY LINE, 830.11 FEET; THENCE S 00 DEGREES 39' 33” E, 210.15 FEET; THENCE N 89 DEGREES 46' 02” E, 208.71 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THEREFROM THE LANDS AS DESCRIBED IN THAT CERTAIN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 1842, PAGE 2791, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
AND
THAT PORTION OF SECTION 5, TOWNSHIP 35 SOUTH, RANGE 20 EAST, MANATEE COUNTY, FLORIDA AND PLAT OF ARMITAGE TRACT 25, 51, 52, 53 AND 54, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 316, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NE CORNER OF SAID SECTION 5; THENCE S 00 DEGREES 29' 06” E, ALONG THE EAST LINE OF SAID SECTION 5, 135.3 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 64 (A 100 FOOT WIDE R/W); THENCE CONTINUE S 00 DEGREES 29' 06” E, ALONG SAID EAST LINE; 1345.00 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE S 00 DEGREES 29' 06” E, 1912.07 FEET; THENCE N 89 DEGREES 32' 52” W, 1333.96 FEET; THENCE N 00 DEGREES 22' 40” W, 661.24 FEET; THENCE N 89 DEGREES 29' 38” W, 667.62 FEET; THENCE N 00 DEGREES 12' 18” W, 2592.72 FEET TO A POINT ON THE AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 64; THENCE S 89 DEGREES 36' 50” E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 50.00 FEET; THENCE S 00 DEGREES 12' 18” E, 736.00 FEET; THENCE S 89 DEGREES 36' 50” E, 837.00 FEET; THENCE S 100 DEGREES 12' 18” E, 608.92 FEET; THENCE S 89 DEGREES 36' 50” E, 1107.20 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THEREFROM, THE LANDS AS DESCRIBED IN THAT CERTAIN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 1842, PAGE 2791, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
THAT PORTION OF SECTION 5, TOWNSHIP 35 SOUTH, RANGE 20 EAST, MANATEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NE CORNER OF SAID SECTION 5; THENCE S 00 DEGREES 29' 06” E, ALONG THE EAST LINE OF SAID SECTION 5, 1280.30 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE S 00 DEGREES 29' 06” EAST; ALONG SAID EAST LINE, 200.0 FEET; THENCE S 89 DEGREES 48' 05” W 1107.66 FEET; THENCE N 00 DEGREES 17' 08” W, 200.00 FEET; THENCE N 89 DEGREES 48' 05” E, 1107.17 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH EASEMENTS FOR THE BENEFIT OF THE ABOVE-DESCRIBED PROPERTIES AS CREATED AND SET FORTH IN EASEMENT AGREEMENT FOR DRAINAGE AND ACCESS RECORDED IN OFFICIAL RECORDS BOOK 1842, PAGE 2794, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
SINGLETARY ROAD PROPERTY:
THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 36 SOUTH, RANGE 21 EAST, MANATEE COUNTY FLORIDA, LYING SOUTHERLY OF SINGLETARY ROAD IN SAID SECTION 17, TOWNSHIP 36, SOUTH RANGE 21 EAST, MANATEE COUNTY, FLORIDA.
AND
THE SW 1/4 OF THE NW 1/4 OF SECTION 18, TOWNSHIP 36 SOUTH, RANGE 21 EAST, MANATEE COUNTY, FLORIDA. TOGETHER WITH A 15 FOOT WIDE EASEMENT AS DESCRIBED IN O.R. BOOK 128, PAGE 536, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA. LESS RIGHT OF WAY FOR SINGLETARY ROAD.
TOGETHER WITH:
THE WEST 1/2 OF THE SW 1/4 OF SECTION 18, TOWNSHIP 36 SOUTH, RANGE 21 EAST, MANATEE COUNTY, FLORIDA, TOGETHER WITH A 15 FOOT WIDE NON-EXCLUSIVE EASEMENT AS DESCRIBED IN O.R. BOOK 128, PAGE 636, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
AND
THE WEST 965 FEET OF SAID N 1/2 OF NW 1/4 OF SECTION 19, TOWNSHIP 38 SOUTH, RANGE 21 EAST, MANATEE COUNTY, FLORIDA, TOGETHER WITH A 15 FOOT WIDE NON-EXCLUSIVE EASEMENT AS DESCRIBED IN O.R. BOOK 128, PAGE 636, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
AND
SINGLETARY ROAD TRACT 1,
THE SW 1/4 OF THE NW 1/4 OF SECTION 19, TOWNSHIP 36 SOUTH, RANGE 21 EAST, MANATEE COUNTY, FLORIDA, AND THE NW 1/4 OF THE SW 1/4 OF SECTION 19, TOWNSHIP 36 SOUTH, RANGE 21 EAST, MANATEE COUNTY, FLORIDA.
AND
SINGLETARY ROAD TRACT 2:
THE N 1/2 OF THE NW 1/4 OF SECTION 19, TOWNSHIP 36 SOUTH: RANGE 21 EAST, MANATEE COUNTY, FLORIDA, LESS THE WEST 965 FEET OF SAID N 1/2 OF NW 1/4 OF SECTION 19, TOWNSHIP 36 SOUTH, RANGE 21 EAST, MANATEE COUNTY, FLORIDA.
(a) all buildings, structures, improvements, fixtures, attachments, appliances, equipment, machinery and other articles now or hereafter erected on, affixed or attached to, or located in or on the real estate and any interest in the real estate located in Manatee County, Florida, and described in EXHIBIT B (the “Land”), including all watering and irrigation apparatus, pumps, motors, generators, pipes, center pivot irrigators and sprinklers, windmills, and fences (the “Improvements”);
(b) all easements, rights-of-way and rights appurtenant to the Land or used in connection with the Land or as a means of access thereto (“Easements”);
(c) the ground water on, under, pumped from or otherwise available to the Collateral or any drainage, retention, ditch, canal, reservoir, or other water rights, whether as a result of overlying groundwater rights, contractual rights, or otherwise and whether riparian, appropriative, or otherwise; the right to remove or extract any such ground water including any permits, rights or licenses granted by any nation or government, any state or other political subdivision thereof, any agency, authority, instrumentality, regulatory body, court, administrative tribunal, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government (“Governmental Authority”) and any rights granted or created by any easement, covenant, agreement or contract with any Person; and any rights to which the Collateral or Debtor is entitle with respect to surface water, whether such rights are appropriative, riparian, prescriptive or otherwise and whether or not pursuant to historical use, contractual agreement, permit or other governmental authorization; any water right, water allocation for water not yet delivered, distribution right, delivery right, any proscriptive, contractual, easement or other rights necessary or convenient to convey any water to the Collateral, water storage right, or other water-related entitlement appurtenant to or otherwise applicable to the Collateral by virtue of the Collateral being situated within the boundaries of any governmental water district irrigation district or other local agency or within the boundaries of any private water company, mutual water company, or other non-governmental entity (collectively, “Water Rights”)
(d) all other tenements, hereditaments and appurtenances to the Land;
(e) minerals, oil, gas, coal, metallic ores, other minerals and any other hydrocarbon substances, minerals, mineral interests, royalties, overriding royalties, production payments, net profit interests and other interests and other interests and estates in, under and on the Land and other oil, gas, coal, metallic ores and any other mineral interests with which any of the foregoing interests or estates are pooled or unitized, including surface water damage awards or settlements (the “Mineral Rights”);
(f) timber now or hereafter standing or cut;
(g) leases, subleases, licenses, occupancy agreements, concessions and other agreements, granting a possessory interest in and to, or the right to extract, mine, reside in, sell, or use the Collateral (collectively, the “Leases”);
(h) all utility contracts, maintenance agreements, management agreements, service contracts and other agreements directly related to the operation and maintenance of the Collateral;
(i) all bushes, groves, trees, plants, vines or other plantings, upon or under the Land (“Plantings”) including all varieties of Plantings that produce fruit, nuts, or other crops in more than one crop year (“Permanent Crop Plantings”);
(j) any shares, or any rights under such shares, of any private water company, mutual water company, or other non-governmental entity pursuant to which Debtor or the Collateral may receive water (collectively, the “Water Stock”) and any other certificated and uncertificated securities, securities entitlements, securities accounts and commodities accounts, including all stock, bonds and commodities contracts, or other investment property described in EXHIBIT C;
(k) all intellectual property rights under U.S. or foreign patent, copyright or trademark laws, the Plant Variety Protection Act or similar laws or subject to license from the holder of any such intellectual property rights (collectively “Permanent Crop Planting IP Rights”);
(l) working drawings, instructional manuals, and rights in processes directly related to the operation of the Collateral, and all other general intangibles described in EXHIBIT C;
(m) other tangible personal property of every kind and description, whether stored on the Land or elsewhere, including all goods, materials, supplies, tools, books, records, chattels, furniture, machinery and equipment (except motor vehicles, trailers, and planting, tillage and harvesting equipment rolling stock) or which is in all cases (i) directly related to the operation of the Collateral or acquired in connection with any construction or maintenance of the Land or the Improvements (ii) affixed or installed, or to be affixed or installed, in any manner on the Land or the Improvements, or (iii) described in EXHIBIT C;
(n) all permits and licenses relating or pertaining to the use or enjoyment of the Collateral;
(o) proceeds of and any unearned premiums on any insurance policies covering the Collateral, including the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Collateral (the “Insurance Claims”);
(p) all awards made for the taking by condemnation or the power of eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the Real Estate (the “Condemnation Awards”);
(q) money or other personal property of Debtor in addition to the foregoing deposited with or otherwise in Mortgagee's or Secured Parties possession;
(r) rights and interests under any interest rate swap, interest rate caps, interest rate collars or other similar agreement between Debtor and a Swap Counterparty, for the purpose of fixing or limiting interest expense, or any foreign exchange, currency hedging, commodity hedging, security hedging or other agreement between Debtor and Secured Parties or any of their affiliates, for the purpose of limiting the market risk of holding currency, a security or a commodity in either the cash or futures markets, including all rights to the payment of money from Secured Parties under the Hedging Agreements; and all accounts, deposit accounts, and general intangibles, including payments, intangibles, described in any of the Hedging Agreements;
(s) all other real or personal property described in EXHIBIT C;
(t) the right, in the name and on behalf of Debtor, upon notice to Debtor, to appear in and defend any action or proceeding brought with respect to the Collateral and to commence any action or proceeding to protect the interest of Mortgagee or Secured Parties in the Collateral; and
(u) substitutions, replacements, additions, accessions and proceeds for or to any of the foregoing, and all books, records and files relating to any of the foregoing, including, without limitation, computer readable memory and data and any computer software or hardware reasonably necessary to access and process such memory and data.
Grantor assigns and grants to Collateral Agent a security interest in all of the following property now owned or hereafter acquired by Grantor(collectively, the “Collateral”), including but not limited to the following property located on or used in connection with the real property described on Exhibit B and B-1 attached hereto and made a part hereof by reference:
(a) all accounts, contract rights, documents, documents of title, payment intangibles, investment property, chattel paper, instruments, and deposit accounts;
(b) all inventory;
(c) all equipment;
(d) all fixtures;
(e) all farm products, including crops grown, growing or to be grown, livestock born or unborn, supplies used or produced in Debtor's farming operation, and products of crops and livestock in their unmanufactured state;
(f) all general intangibles, including all trade secrets, computer software, service marks, trademarks, trade names, trade styles, all goodwill of Debtor associated with the business now or hereafter conducted by Debtor connected with or symbolized by any service mark, trademark, trade name or trade style, copyrights, patents, applications for any of the foregoing, customer lists, working drawings, instructional manuals, and rights in processes for technical manufacturing, packaging and labeling, in which Debtor has any right or interest, whether by ownership, license, contract or otherwise (“Intellectual Property”);
(g) all proceeds of any crop insurance, price support payment or other government program;
(h) rights and interests under any interest rate swap, interest rate caps, interest rate collars or other similar agreement between Debtor and a Secured Party, Coöperatieve Rabobank U.A., (trading as Rabobank), a foreign banking organization organized as a cooperative bank under the laws of The Netherlands, or any of their affiliates (collectively, “Swap Counterparties”), for the purpose of fixing or limiting interest expense, or any foreign exchange, currency hedging, commodity hedging, security hedging or other agreement between Debtor and Secured Parties or any of their affiliates, for the purpose of limiting the market risk of holding currency, a security or a commodity in either the cash or futures markets, including all rights to the payment of money from Secured Parties under the Hedging Agreements; and all accounts, deposit accounts, and general intangibles, including payment intangibles, described in any of the Hedging Agreements;
(i) accessions, attachments and other additions to the Collateral;
(j) substitutes or replacements for any Collateral, all proceeds, products, rents and profits of any Collateral, all rights under warranties and insurance contracts covering the Collateral, and any causes of action relating to the Collateral; and
(k) books and records pertaining to any Collateral, including but not limited to any computer-readable memory and any computer hardware or software necessary to process such memory (“Books and Records”).
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.
“If you cannot afford an attorney, contact Gulfcoast Legal Services at (941) 746-6151 or www.gulfcoastlegal.org, or Legal Aid of Manasota at (941) 747-1628 or www.legalaidofmanasota.org. If you do not qualify for free legal assistance or do not know an attorney, you may call an attorney referral service (listed in the phone book) or contact the Florida Bar Lawyer Referral Service at (800) 342-8011.”
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 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: 6/28/19.
ROBERT W. HENDRICKSON, III - For the Court
Plaintiff's attorney:
Robert W. Hendrickson, III, Esq.
Florida Bar Number: 279854
Greene Hamrick Quinlan
& Schermer, P.A.
601 12th Street West
Bradenton, FL 34205-7414
Phone: 941-747-1871;
Fax: 941-748-8708;
[email protected];
[email protected]
July 5, 12, 2019 19-00926M