IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA Case No. 2012 CA 006461 NC IBERIABANK, Plaintiff, v. CARTER FAMILY INVESTMENTS NO. 1, LLC, and GARY ALTMAN, SUCCESSOR TRUSTEE OF THE DORIS M. CARTER REVOCABLE TRUST DATED APRIL 12, 1996, AS AMENDED, Defendants. NOTICE OF SALE NOTICE is hereby given that, pursuant to a Final Judgment entered March 22, 2013, in Case Number 2012 CA 006461 NC, in the Circuit Court of Sarasota County, Florida, the Clerk shall offer for sale the property, situate in Sarasota County, Florida, descri bed as: (A)THE LAND: All land located in the County of Sarasota, State of Florida, described as: Parcel 1 Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, 35, 36, 37, 38, 39, 40, 41, 42 & 43, according to the Plat of "Osprey Park" as recorded in Plat Book 2 at Page 205 of the Public Records of Sarasota County, Florida. Together with: A portion of the vacated alley l ying between said lots as recorded in Official Records Book 527 at Page 326 of the Public Records of Sarasota County, Florida. Less: That portion of State Road No. 45 taken for right of way, and being more particularly described as follows: Beginning at the Northeast corner of said Lot 35; thence S. 00°29'51" W., along the Westerly right of way line of Washington Avenue (A 50' wide public right of way) as shown on said Plat of "Osprey Park" a distance of 459.01 feet to the intersection with the Northerly right of way of Church Street (A 50' wide public right of way) as shown on said Plat of "Osprey Park" and the Southeast corner of said Lot 43; thence N.89°42'02" W., along said Northerly right of way line of Church Street a distance of 215 .71 feet; thence N. 42°00'00" w., a distance of 15.33 feet to the intersection with the Easterly right of way line of State Road No. 45 (U.S. Highway No. 41 - Tamiami Trail) as shown on Florida Department of Transportation right of way Map Section 17020- 2118; thence N. 00°39'34" W., along said Easterly right of way line of State Road No. 45 for the next two (2) calls a distance of 344.36 feet; thence N. 00°41'00" E., a distance of 93.33 feet; thence N. 43°08'19" E., a distance of 12.98 feet to the inter section with the Southerly right of way of Green Street (A 50' wide public right of way) as shown on said Plat of "Osprey Park"; thence S. 89°50'16" E., along said Southerly right of way line a distance of 223.94 feet to the Point of Beginning and contai ning 105,500 square feet or 2.4219 acres, more or less. (B)THE IMPROVEMENTS: All the buildings, structures, and improvements of every nature whatsoever situated on the Land, and all fixtures, machinery, appliances, equipment, furniture, and personal property of every nature whatsoever owned by CARTER FAMILY INVESTMENTS NO. 1, LLC ("Mortgagor") and located in or on, or attached to, or used or intended to be used in connection with or with the operation of, the Land, building, structures or other improvements, including all extensions, additions, improvements , betterments, renewals and replacements to any of the foregoing and all of the right, title and interest of Mortgagor in and to any such personal property or fixtures subject to any lien, security interest or claim together with the benefit of any depos its or payments now or hereafter made by Mortgagor or on its behalf (the "Improvements"). (C) EASEMENTS OR OTHER INTERESTS: All easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, he reditaments, appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property described hereinabove, described or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acq uired by Mortgagor, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever of Mortgagor of, in and to the same, includin g but not limited to all judgments, awards of damages and settlements resulting from condemnation proceedings or the taking of the property described in paragraphs (A), (B) and (C) hereof or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the property described in paragraphs (A), (B) and (C) hereof or any part thereof, or to any rights appurtenant thereto, and all proceeds of any sales or other dispositions of the property described i n paragraphs (A), (B) and (C) hereof or any part thereof. (D) ASSIGNMENT OF RENTS: All rents, royalties, issues, profits, revenue, income and other benefits from the property described in paragraphs (A), (B) and (C) hereof to be applied against the indebtedness and other sums secured hereby. (E)ASSIGNMENT OF LEASES: All right, title and interest of Mortgagor in and to any and all leases affecting the property described in paragraphs (A), (B) and (C) hereof, together with all security therefor and all monies payable thereunder. (F)FIXTURES AND PERSONAL PROPERTY: All interest in (i) all property and fixtures affixed to or located on the property described in paragraphs (A), (B) and (C) hereof (ii) all articles of personal property and all materials delivered to the property desc ribed in paragraphs (A), (B) and (C) hereof for use in any construction being conducted thereon, and owned by Mortgagor; (iii) and all contract rights, general intangibles, actions and rights of action relating to paragraphs (A), (B) and (C) including al l rights to insurance proceeds; (iv) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing. Together with all present and future profits, income and issues from the property, and each and every part and parcel thereof, and also all present and future right, title and interest of Mortgagor under and by virtue of each and every franchise, license , permit, lease, contract for deed or purchase and sale agreement ("Purchase Agreements"), permanent loan commitments, or any other document or contractual right, written or verbal, covering any part or parcel of the mortgaged premises, and any and all a mendments to or modifications, extensions or renewals of any of such. Together with all of Mortgagor's rights in and to all intangible personal property associated with, and all personal property or any business or businesses conducted on the mortgaged premises, including but not limited to any trade style or trade name us ed in connection with the mortgaged premises described above, any contract rights, agreements, commitments and insurance policies or all correspondence with suppliers, booklets and manuals, advertising material, utility deposits, guarantees, warranties, telephone exchange numbers, surveys, plans and specifications, utility deposits, assignable licenses and other governmental permits and permissions relating to the project and the improvements and the operation thereof. at Public Sale, to the highest and best bidder for cash, foreclosure sale conducted via the internet: www.sarasota.realforeclose.com, at 9:00 am on the 26th day of April, 2013. IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS. Dated: March 22, 2013. SHUMAKER, LOOP & KENDRICK, LLP 240 South Pineapple Avenue Post Office Box 49948 Sarasota, Florida 34230-6948 (941) 366-6660 (941) 366-3999 facsimile Primary E-mail: rcollier@slk-law.com Attorneys for Plaintiff By: Ronald L. Collier Florida Bar No: 244260 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 30 79, SARASOTA, FL 34230-3079, (941) 861-7400, AT LEAST 7 DAYS BEFORE YOUR SCHEDULED COURT APPEARANCE, OR IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME BEFORE THE SCHEDULED APPEARANCE IS LESS THAN 7 DAYS; IF YOU ARE HEARING OR VOICE IMPAIRED, CA LL 711. Date of pub: March 29 & April 5, 2013
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