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AMENDED NOTICE OF
FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL
CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA
CASE NO.: 2018CA003897AX
ROMSPEN US MASTER MORTGAGE LP, an exempted Cayman Islands limited partnership,
Plaintiff, v.
DESOTO OWNERS, LLC, a Delaware limited liability company; ML ESTATE HOLDINGS, LLC, a New York limited liability company; MEYER LEBOVITS, an individual; UK PALM, LLC, a Delaware limited liability company, et al.
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order or Final Judgment entered in Case No. 2018CA003897AX of the Circuit Court of the Twelfth Judicial Circuit in and for Manatee County, Florida, Angelina “Angel” Colonneso, Manatee County Clerk of Court, will sell to the highest bidder for cash on the 23rd day of September, 2020 at, 11:00 A.M., at www.manatee.realforeclose.com the following described property:
PARCEL I: (Fee Simple)
Commence at the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of Section 2, Township 35 South, Range 17 East, thence North 00° 17' 34” West, along the West line of said Southeast 114 of the Southeast 1/4, 25.00 feet to the intersection with the North Right-of-Way of State Road No. 684 (Cortez Road - U.S. Highway No. 41), for a POINT OF BEGINNING; thence continue North 00° 17' 34” West, along said West line, 640.87 feet to the Southeast corner of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 of said Section 2; thence South 89° 31' 30” West, along the South line of said North 112 of the Southwest 1/4 of the Southeast 1/4, 1080.46 feet to the intersection with the Easterly Right-of-Way of 9th Street West, as described and recorded in Official Records Book 586, Pages 533 through 536, Public Records of Manatee County, Florida; thence North 24° 28' 02” East, along said Easterly Right-of-Way, 307.53 feet to the P.C. of a curve, concave to the West, having a radius of 277.33 feet; thence Northerly, along said Easterly Right-of-Way and the arc of said curve, through a central angle of 27° 28' 30”, 132.99 feet to the point of said curve; thence North 03° 00' 28” West, along said Easterly Right-of-Way, 596.14 feet; thence North 46° 45' 15” East, 970.40 feet to the intersection with the Southwesterly Right-of-Way of State Road No. 683, (U.S. Highway No. 301 Boulevard West); thence South 53° 29' 45” East, along said Southwesterly Right-of-Way, 1383.48 feet; thence South 36° 30' 15” West, along said Right-of-Way, 25.00 feet; thence South 53° 29' 45” East, along said Southwesterly Right-of-Way, 200.00 feet, thence South 36° 30' 15” West, along said Right-of-Way, 10.00 feet; thence South 52° 39' 12” East, along said Southwesterly Right-of Way, 205.35 feet, thence South 37° 20' 48” West, 150.61 feet; thence South 46° 45' 15” West, 456.76 feet; thence North 43° 14' 45” West, 139.42 feet; thence South 46° 45' 15” West, 512.15 feet; thence South 43° 14' 45” East, 520.00 feet; thence South 00° 32' 41” East, perpendicular to the North Right-of-Way of said State Road No. 684 (Cortez Road - U.S. Highway No. 41), 140.00 feet to the intersection with said North Right-of-Way; thence South 89° 27' 19” West, along said North Right-of-Way, 94.00 feet; thence North 00° 32' 41” West, perpendicular to said North Right-of-Way, 82.00 feet, thence North 16° 42' 38” West, 106.88 feet; thence North 43° 14' 45” West, 240.00 feet; thence South 46° 45' 15” West, 90.00 feet to the Northeast corner of that certain parcel of land, as described and recorded in Official Records Book 564, Page 966, Public Records of Manatee County, Florida; thence South 89° 27' 19” West, along the North line of said certain parcel, 200.00 feet to the Northwest corner thereof; thence South 00° 17' 34” East, along the West line of said certain parcel, 300.00 feet to the Southwest corner thereof, said point also being on the North Right-of-Way of said State Road No. 684 (Cortez Road - U.S. Highway No. 41); thence South 89° 27' 19” West, along said North Right-of-Way, 70.00 feet to the POINT OF BEGINNING, being and lying in the Southeast 1/4 of Section 2, Township 35 South, Range 17 East, Manatee County, Florida.
PARCEL II: (Easement)
Together with easement rights reserved in that certain Special Warranty Deed executed by Simon Capital Limited Partnership, a Delaware limited partnership and GTE Federal Credit Union, a federally chartered credit union, dated February 10, 2005 and recorded on February 16, 2005 in Official Records Book 1994, Page 2346 all of the Public Records of Manatee County, Florida.
PARCEL III: (Easement)
Together with easements rights established in that certain Cross Access Easement Agreement between Simon Capital Limited Partnership, a Delaware limited partnership and GTE Federal Credit Union, a federally chartered credit union, dated January 11, 2007 and recorded on January 25, 2007 in Official Records Book 2181, Page 6926 of the Public Records of Manatee County, Florida.
Property Address: 303 U.S. Highway 301 Boulevard, West Bradenton, Florida, 34205.
TOGETHER WITH ALL OF DEBTOR'S PRESENT AND FUTURE RIGHT, TITLE AND INTEREST IN AND TO ALL OF THE PROPERTY MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO.
EXHIBIT “A”
All of Debtor's present and future right, title and interest in and to all of the following:
(1) All of the following which are used now or in the future in connection with the ownership, management or operation of the real property described in Exhibit “A” and/or the improvements on such real property (the “Property”): machinery, equipment, engines, boilers, incinerators, installed building materials; systems and equipment for the purpose of supplying or distributing heating, cooling, electricity, gas, water, air, or light; antennas, cable, wiring and conduits used in connection with radio, television, security, fire prevention, or fire detection or otherwise used to carry electronic signals; telephone systems and equipment; elevators and related machinery and equipment; fire detection, prevention and extinguishing systems and apparatus; security and access control systems and apparatus; plumbing systems; water heaters. light fixtures, awnings, storm windows and storm doors; pictures, screens, blinds, shades, and wall coverings; fences, trees and plants; (any of the foregoing that arc so attached to the Property as to constitute fixtures under applicable law are referred to below as the “Fixtures”);
(2) All furniture, furnishings, equipment, machinery, building materials, appliances, goods, supplies, tools, books, records (whether in written or electronic form), computer equipment (hardware and software) and other tangible personal property (other than Fixtures) which are used now or in the future in connection with the ownership, management or operation of the Property or arc located on the Property, and any operating agreements relating to the Property, and any surveys, plans and specifications and contracts for architectural, engineering and construction services relating to the Property and all other intangible property and rights relating to the operation of, or used in connection with, the Property, including all governmental permits relating to any activities on the Property (the “Personalty”);
(3) All current and future rights, including air rights, development rights, zoning rights and other similar rights or interests, casements, tenements, rights-of-way, strips and gores of land, streets, alleys, roads, sewer rights, waters, watercourses, and appurtenances related to or benefiting the Property, and all rights-of-way, streets, alleys and roads which may have been or may in the future be vacated;
(4) All proceeds paid or to be paid by any insurer of the Property, the Fixtures, the Personalty or any other item listed in this Exhibit “B”;
(5) All awards, payments and other compensation made or to be made by any municipal, state or federal authority with respect to the Property, the Fixtures, the Personalty or any other item listed in this Exhibit “B”, including any awards or settlements resulting from condemnation proceedings or the total or partial taking of the Property, the Fixtures, the Personalty or any other item listed in this Exhibit “B” under the power of eminent domain or otherwise and including any conveyance in lieu thereof;
(6) All contracts, options and other agreements for the sale of the Property, the Fixtures, the Personalty or any other item listed in this Exhibit “B” entered into by Debtor now or in the future, including cash or securities deposited to secure performance by parties of their obligations;
(7) All present and future leases, subleases, licenses, concessions or grants or other possessory interests now or hereafter in force, whether oral or written, covering or affecting the Property, or any portion of the Property (including proprietary leases or occupancy agreements if Debtor is a cooperative housing corporation), and all modifications, extensions or renewals (the “Leases”);
(8) All earnings, royalties, accounts receivable (including accounts receivable for all rents, revenues and other income of the Property), issues and profits from the Property, or any other item listed in this Exhibit “B”, and all undisbursed proceeds of the loan secured by the security interests to which this financing statement relates and, if Debtor is a cooperative housing corporation, maintenance charges or assessments payable by shareholders or residents;
(9) Any refunds (other than real property tax refunds applicable to periods before the real property tax year in which the loan secured by the security interests to which this financing statement relates was made) or rebates of (a) water and sewer charges, (b) premiums for fire and other hazard insurance, rent loss insurance and any other insurance required by Secured Party, (c) taxes, assessments, vault rentals, and (d) other charges or expenses required by Secured Party to protect the Property, to prevent the imposition of liens on the Property, or otherwise to protect Secured Party's interests (collectively, the “Impositions”) by any municipal, state or federal authority or insurance company;
(10) All tenant security deposits which have not been forfeited by any tenant under any Lease;
(11) All funds on deposit pursuant to any separate agreement between Debtor and Secured Party for the purpose of establishing replacement reserves for the Property, establishing a fund to assure the completion of repairs or improvements specified in that agreement, or assuring reduction of the outstanding principal balance of the Indebtedness if the occupancy of or income from the Property does not increase to a level specified in that agreement, or any other agreement or agreements between Borrower and Lender which provide for the establishment of any other fund, reserve or account;
(12) All names under or by which the Property or any part of it may be operated or known, and all trademarks, trade names, and goodwill relating to any of the Property or any part of it; and
(13) All proceeds from the conversion, voluntary or involuntary, of any of the above into cash or liquidated claims, and the right to collect such proceeds.
(14) All of Debtor's right, title and interest in and to all personal property used in connection with the Mortgaged 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 BEFORE THE CLERK REPORTS THE SURPLUS AS UNCLAIMED.
IMPORTANT
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: August 25, 2020 /s/ Murray B. Silverstein
Murray B. Silverstein
Florida Bar No.: 349216
Jacob L. Boehner
Florida Bar No.: 1002685
[email protected]
[email protected]
[email protected]
Greenspoon Marder LLP
401 East Jackson Street, Suite 3650
Tampa, Florida 33602 | (813) 769-7036
Attorneys for Romspen US Master Mortgage LP
Aug. 28; Sept. 4, 2020 20-00961M