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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.: 2020-CA-001688 NC
PRESTON HOLLOW CAPITAL, LLC, a Delaware limited liability company,
Plaintiff, vs.
THE SPRINGS AT SOUTH BISCAYNE, LLC, a Delaware
limited liability company, and BRIGHT FUTURE ELECTRIC, LLC a Florida limited liability company,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Final Judgment of Foreclosure entered in the above styled action on December 10, 2020, the property described in the attached Exhibit “A” will be sold by Karen E. Rushing, Sarasota Clerk of Court at public sale, at on January 14, 2021 at 9:00 A.M., to the highest bidder or bidders, for cash, conducted electronically via https://www.sarasota.realforeclose.com/, after given notice as required by section 45.031 of Florida Statutes.
EXHIBIT A
The real property which is legally described as follows:
Lot 2, South Biscayne Commons, according to the map or plat thereof as recorded in Plat Book 48, Page 23, Public Records of Sarasota County, Florida.
plus “Rents”, “Leases”, “Fixtures”, “Improvements”, and “Gross Receipts”,
plus, all personal property, inventory, accounts, (including accounts receivables and contract rights), documents, instruments, other moneys, chattel paper and general intangibles owned by Borrower, and all proceeds thereof, as may be defined in the UCC,
plus, all “Property” of Borrower.
Definitions
The following words and terms used in this property description shall have the following meanings:
“Borrower” means The Springs at South Biscayne, LLC, a Delaware limited liability company.
“Land” means the real property legally described above together with all rights, privileges, tenements, hereditaments, rights-of-way, and easements, appendages, projections, appurtenances, water right including riparian and littoral rights, streets, ways, alleys, and strips and gores of land belonging, adjoining, crossing or pertaining to the Land.
“Rents” means all of the rents, royalties, issues, revenues, income, profits, security deposits and other benefits whether past due, or now or hereafter arising from the Mortgaged Property and the occupancy, use and enjoyment thereof.
“Leases” means any and all residency agreements, leases, subleases, licenses, concessions, or grants of other possessory interests, together with the security therefor, now or hereafter in force, oral or written, covering or affecting the Mortgaged Property or any part thereof.
“Fixtures” means all property and equipment now owned or hereafter acquired by Borrower and now or hereafter located under, on, or above the Land, whether or not permanently affixed, which, to the fullest extent permitted by applicable law in effect from time to time, shall be deemed fixtures and a part of the Land.
“Improvements” means all buildings, structures, appurtenances and improvements, including all additions thereto and replacements and extensions thereof, now constructed or hereafter to be constructed under, on or above the Land, which term includes any part thereof.
“Mortgaged Property” means Borrower's interest in the Land, Rents, Leases, Fixtures, and Improvements.
“Gross Receipts” means all revenues, income, receipts, and money (other than proceeds of borrowings, but including all Medicaid, Medicare and other third-party payments) received in any period by or on behalf of Borrower, including, but without limitation, (a) cash, funds, checks, notes, instruments and other moneys constituting revenues derived from any source whatsoever, (b) gifts grants, bequests, donations and contributions and the income therefrom, (c) proceeds derived from (i) insurance, (ii) accounts, (iii) securities and other investments, (iv) to the extent permitted by law, governmental or private medical or hospital or disability insurance including, without limitation, long-term care insurance, indemnity or reimbursement programs or agreements, (v) contract rights and other rights and assets now or hereafter owned, held or possessed by Borrower, (vi) the sale of assets, and (vii) rentals received from the leasing of real or tangible personal property.
“Property” means any and all rights, titles and interests in and to any and all assets of Borrower, whether real or personal, tangible or intangible and wherever situated.
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 with the Clerk 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.
DATED: December 11, 2020
/s/ Edwin G. Rice
Edwin G. Rice, Esquire
Florida Bar No. 855944
Bradley Arant Boult Cummings LLP
100 N. Tampa Street, Suite 2200
Tampa, FL 33602
Phone: (813) 559-5500
Facsimile: (813) 229-5946
Primary email: [email protected]
Secondary email:
[email protected]
Counsel for Plaintiff
04155-00100 474420 v1
4851-4187-4640.1
December 18, 25, 2020 20-02440S