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NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
Circuit Civil Division
Case No. 2022 CA 004059 NC
EB-5 CHARTER SCHOOL - PHASE 6 (SARASOTA), LP,
Plaintiff, vs.
CHARTER SCHOOL BENEVA, LLC, and 930 BENEVA, LLC,
Defendants.
NOTICE IS HEREBY GIVEN that sale will be made pursuant to an Amended Uniform Final Judgment of Mortgage Foreclosure dated October 25, 2022, entered in Case No. 2022 CA 004059 NC, in the Circuit Court of the Twelfth Judicial Circuit, in and for Sarasota County, Florida, wherein EB-5 CHARTER SCHOOL - PHASE 6 (SARASOTA), LP is the Plaintiff and CHARTER SCHOOL BENEVA, LLC, and 930 BENEVA, LLC, are the Defendants.
The Clerk of the Court, Karen E. Rushing, will sell to the highest and best bidder for cash at www.sarasota.realforeclose.com on November 28, 2022, at 9:00 a.m., the following described real property as set forth in said Final Judgment of Mortgage Foreclosure:
SEE EXHIBIT “A” ATTACHED
HERETO AND MADE A
PART HEREOF
EXHIBIT “A”
Real Property
Those certain lands as described in O.R. Book 1700, Page 979 and O.R. Book 2000, Page 2837, Public Records of Sarasota County, Florida, LESS road right-of-way for North Beneva Road and being more particularly described as follows:
Commence at the NW corner of Section 22, Township 36 South, Range 18 East, Sarasota County, Florida, thence S 00°01'30” E along the West line of said Section, 338.37 feet to the NW corner of the South 1/2 of the NW 1/4 of the NW 1/4 of the NW 1/4 of said Section 22, thence S 89°55'06” E along the North line of the South 1/2 of the NW 1/4 of the NW 1/4 of the NW 1/4, 60.00 feet to the East right-of-way of North Beneva Road as shown in Road Plat Book 3, Page 1, Public Records of Sarasota County, Florida, for a Point of Beginning, said point also being the SW corner of Amended Plat of Glen Condominium, recorded in Condominium Book 20, Page 28, Public Records of Sarasota County, Florida, thence S 89°55'06” E along the South line of said Condominium, and also the North line of the South 1/2 of the NW 1/4 of the NW 1/4 of the NW 1/4 of their extensions, 691.21 feet to the East line of an abandoned 40 foot railroad right-of-way, thence S 00°00'24” W along said abandoned railroad, 471.54 feet; thence S 89°43'01” W along the North line of the South 200 feet of the North 1/2 of the SW 1/4 of the NW 1/4 of the NW 1/4 and its extension, 690.54 feet to the East right-of-way of aforesaid North Beneva Road; thence N 00°01'30” W along said right-of-way, 475.94 feet to the Point of Beginning. Being and lying in Section 22, Township 36 South, Range 18 East, Sarasota County, Florida.
Personal Property
All rights, title and interest of Charter School Beneva, LLC (herein referred to as the “Mortgagor”) in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the property legally described above (herein referred to as the “Property”) or under or above the same or any part or parcel thereof.
All buildings and improvements of every kind and description now or hereafter erected or placed in or on the Property and all accounts, contract rights, goods, inventory, intangible personal property, insurance policies, licenses (specifically including liquor licenses), leases (and all rents and profits thereof and deposits related thereto), furniture, furnishings, machinery, apparatus, equipment, fittings, kitchen and dining room equipment and supplies, restaurant and hotel supply inventories, and other personal property whether actually or constructively attached to the Property or related thereto or the use or operation thereof and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon or under the Property or any part thereof or located off the Property and used or usable in connection with any present or future operation of the Property and now owned or hereafter acquired by Mortgagor including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing; lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces, oil burners or units thereof; appliances; air cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings; together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein, or off the Property for the use and benefit of the Property, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment, kitchen goods, hotel goods, restaurant goods, bar goods, tools, lawn equipment, floor coverings, and elevators; together with all proceeds, additions, improvements and accessions thereto and replacements or substitutions thereof.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Mortgagor which are now or hereafter located by, off, over, and/or upon the Property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All permits, licenses, contracts, plans, leases, subleases, and other intangible assets pertaining to the Property, now or hereafter existing.
All paving for streets, roads, walkways, or entrance ways now or hereafter owned by Mortgagor and which are now or hereafter located on the Property or any part or parcel thereof.
All contracts, contract rights, accounts receivable and accounts of Mortgagor now or hereafter arising from contracts now or hereafter entered into in connection with development and construction upon or operation of the Property, (including without limitation, all contracts related to the development of the Property and the construction of the contemplated improvements thereon, all deposits held by or on behalf of the Mortgagor, all management, franchise, and service agreements related to the business now or hereafter conducted by the Mortgagor on the Property and all permits, licenses, architectural and engineering plans, blueprints, drawings, plans, specifications and other items related to the development and construction of the Property).
All of Mortgagor's interest in all utility security deposits or bonds on the Property or any part or parcel thereof.
All right, title and interest of Mortgagor in and to all adjoining streets, alleys and road and all easements, rights of way and other appurtenances now or hereafter used or existing in connection with the Property, all rents, issues, revenues and profits arising therefrom, and any awards made for any taking by eminent domain or in any condemnation proceedings, or for consequential damages on account thereof.
Any and all insurance refunds, impound accounts, refunds for overpayment of any kind, to the extent the same arise out of or occur in connection with the Property.
Any and all monies escrowed for taxes, insurance or other charges in any way belonging, relating or appertaining to any of the Real Property and/or Mortgages Property herein described, including any part thereof.
Any and all books and records of Mortgagor which relate to those items of collateral described herein.
All fixtures affixed to or located on the Mortgaged Property and owned by the Mortgagor including all after-acquired property rights attached to or used in the operation of the Mortgaged Property.
Together with all instruments, documents, chattel papers and general intangibles relating to or arising from the foregoing collateral and all cash and non-cash proceeds and products thereof.
Nothing herein shall suggest or imply that any fixtures, furnishings, equipment, electronics or other personal property of any tenant or otherwise used by any tenant at the property secured by the mortgage is collateralized hereby. It is not.
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 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 this 2nd day of November 2022.
Respectfully submitted,
WEISSMAN & DERVISHI, P.A.
By: /s/ Brian S. Dervishi
Brian S. Dervishi
Zoe E. Ondriezek
Fla. Bar Nos. 350303 and 1032548
One Southeast Third Avenue,
Suite 1700
Miami, Florida 33131
305-347-4070 (Telephone)
[email protected]
[email protected]
[email protected]
Counsel for Plaintiff EB-5 Charter
School - Phase 6 (Sarasota), LP
November 11, 18, 2022 22-02414S