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IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA CASE NO: 2010-CA-002984 SUNTRUST BANK, a Georgia state chartered bank, Plaintiff, v. JOHN M. CURTIS, individually and GAIL W. CURTIS, individually, jointly and severally, and ALACHUA GATEWAY CENTER SURFACEWATER MANAGEMENT ASSOCIATION, INC., a Florida non-profit corporation, Defendants. __________/
NOTICE IS HEREBY GIVEN that the undersigned, the Clerk of the Circuit Court for Alachua County, Fiorida, under and pursuant to the Final Summary Judgment in Favor of SunTrust Bank, a Georgia state chartered bank, heretofore entered on the 27th day of September, 2010, in that certain cause pending in the Circuit Court of the Eighth Judicial Circuit, in and for Alachua County, Florida, being Civil Action No. 2010-CA-002984, in which SUNTRUST BANK, a Georgia state chartered bank ("SunTrust") is the Plaintiff and JOHN M. CURTIS, individually ("John") and GAIL W. CURTIS, individually ("Gail"), jointly and severally, and ALACHUA GATEWAY CENTER SURFACEWATER MANAGEMENT ASSOCIATION, INC., a Florida non-profit corporation ("Alachua Gateway") are the Defendants and under and pursuant to the terms of the said Final Summary Judgment in Favor of SunTrust will offer for sale at public outcry to the highest and best bidder for cash, in the lobby of the Alachua County/Family Justice Center, 201 E. University Avenue, Gainesville, Florida 32601, on the 29th day of October, 2010, at the hour of 11 :00 a.m. in the morning, the same being a legal sales day and the hour a legal hour of sale, the real and personal property situated in Alachua County, Florida and legally described as follows:
NOTICE OF SALE ON AMENDED COMPLAINT
A PORTION OF SECTION 9, TOWNSHIP 8 SOUTH, RANGE 18 EAST, ALACHUA COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 8 SOUTH, RANGE 18 EAST, ALACHUA COUNTY, FLORIDA, AND RUN THENCE SOUTH 01°49'00" EAST, ALONG THE WEST BOUNDARY OF SAID SECTION, 1576.08 FEET; THENCE NORTH 88°33'13" EAST, 1300.20 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 503, PAGE 107 OF THE PUBLIC RECORDS OF ALACHUA COUNTY, FLORIDA; THENCE SOUTH 01°49'00" EAST, ALONG THE WEST LINE OF SAID CERTAIN TRACT OF LAND, 1347.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01°49'00" EAST, ALONG SAID WEST LINE, 1000.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 441 (STATE ROAD NOS. 20 AND 25, 200' R/W); THENCE SOUTH 79°06'59" EAST, ALONG SAID RIGHT-Of-WAY LINE, 1279.84 FEET TO A POINT ON THE EAST LINE OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 27, PAGE 296, ET SEQ., OF SAID PUBLIC RECORDS; THENCE NORTH 03°06'22" WEST, ALONG SAID EAST LINE, 1000.00 FEET; THENCE NORTH 78°52'47" WEST, 1257.95 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT: A PORTION OF SECTION 9, TOWNSHIP 8 SOUTH, RANGE 18 EAST, ALACHUA COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 8 SOUTH, RANGE 18 EAST, ALACHUA COUNTY, FLORIDA, AND RUN THENCE SOUTH 01°49'00" EAST, ALONG THE WEST BOUNDARY OF SAID SECTION, 1576.08 FEET; THENCE NORTH 88°33'13" EAST, 1300.20 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 503, PAGE 107 OF THE PUBLIC RECORDS OF ALACHUA COUNTY, FLORIDA; THENCE SOUTH 01°49'00" EAST, ALONG THE WEST LINE OF SAID CERTAIN TRACT OF LAND, 2347.44 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 441 (STATE ROAD NOS. 20 AND 25, 200' R/W); THENCE SOUTH 79°06'59" EAST, ALONG SAID RIGHT-OF-WAY LINE, 1022.19 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 79°06'59" EAST, ALONG SAID RIGHT-OF-WAY LINE, 257.64 FEET TO A POINT ON THE EAST LINE OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 27, PAGE 296, ET SEQ., OF SAID PUBLIC RECORDS; THENCE NORTH 03°06'22" WEST, ALONG SAID EAST LINE, 260.82 FEET; THENCE NORTH 73°45'-46" WEST, 264.96 FEET, THENCE SOUTH 03°06'22" EAST, PARALLEL WITH SAID EAST LINE, 286.30 FEET TO THE POINT OF BEGINNING. Together with all improvements, tenements, hereditaments and appurtenances pertaining thereto.
Real Property
Personal Property
a. Improvements. All buildings, structures, betterments, and other Improvements of any nature now or hereafter situated in whole or in part upon the lands in Alachua County, Florida, described on Exhibit "B" attached hereto (the "Land") regardless of whether physically affixed thereto or severed or capable of severance therefrom (the "Improvements"). b. Appurtenances. The benefit of all easements and other rights of any nature whatsoever appurtenant to the Land, the Improvements, or the use made or operations conducted upon the Land, and all rights of way, streets, alleys, passages, drainage rights, sewer rights, water rights and rights of ingress and egress to the Land, and all adjoining property, whether now existing or hereafter arising, together with the reversion or reversions, remainder or remainders, rents, issues, incomes, and profits of any of the foregoing. c. Tangible Property. All of Debtor's interest in all fixtures, equipment and tangible personal property of any nature whatsoever now or hereafter (i) attached or affixed to the Land or the Improvements, or both, regardless of whether physically affixed thereto or severed or capable of severance therefrom or (ii) regardless of where situated, used, usable, or intended to be used in connection with any present or future use or operation of or upon the Land. The foregoing includes all heating, air conditioning, lighting, incinerating, and power equipment; all engines, compressors, pipes, pumps, tanks, wells, water mains, laterals, manholes, motors, conduits, wiring, and switchboards; all plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating, and communications apparatus; all boilers, furnaces, oil burners, vacuum cleaning systems, elevators, and escalators; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets, and partitions; all rugs and carpets; all laundry equipment; all building materials, all furniture, furnishings, office equipment, and office supplies (including stationery, letterheads, billheads, and items of a similar nature); and all additions, accessions, renewals, replacements, and substitutions of any or all of the foregoing (the "Tangible Property"). d. Income. All rents, issues, incomes, and profits in any manner arising from the Land, Improvements, or Tangible Property, or any combination, including Debtor's interest in and to all leases, licenses, franchises, and concessions of, or relating to, all or any portion of the Land, Improvements or Tangible Property, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals, or consolidations. The foregoing items are jointly and severally called the "Rents" in this instrument. e. Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property described in this paragraph into cash or other liquidated claims, or that are otherwise payable for injury to, or the taking or requisitioning of, any such property, including all insurance and condemnation proceeds. f. Contract Rights. All of Debtor's right, title and interest in and to any and all contracts, written or oral, express or implied, now existing or hereafter entered into or arising, in any manner related to the Improvements, use, operation, sale, conversion, or other disposition of any interest in the Land, Improvements, Tangible Property, or the Rents, or any combination, including any and all deposits, prepaid Items, and payments due and to become due thereunder, and including construction contracts, service contracts, advertising contracts, purchase orders, and equipment leases. g. Other Intangibles. All contract rights, accounts, instruments and general intangibles, as such terms from time to time are defined in the Florida Uniform Commercial Code, in any manner related to the use, operation, sale, conversion, or other disposition (voluntary or involuntary) of the Land, Improvements, Tangible Property, or Rents including all permits, licenses, insurance policies, rights of action and other choses in action. h. Secondary Financing. All of Debtor's rights, power or privilege to further encumber any of the property described in this paragraph by debt. i. Construction Documents. The foregoing types of property include specifically all of the following: all contracts, plans and documents that concern the design and construction of the Improvements, including plans and specifications, drawings and architectural and/or engineering contracts, and construction contracts, together with all amendments, revisions, modifications and supplements. j. Other. Specifically included and not by way of limitation, the following is included in the definitions of Improvement, Contract Rights and Other Intangibles as set forth herein, to-wit: The Property aforesaid is being sold to satisfy SunTrust's claims under said Judgment. 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 this 7th day of October, 2010. J.K. "Buddy" Irby Clerk of the Circuit Court Alachua County, Florida By: /s/ Erika Powell Deputy Clerk
(Published: Alachua County Today - October 14 and 21, 2010)
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CASE NO.: 01-10-CA-2954 DIVISION: J REGIONS BANK, an Alabama banking corporation, Plaintiff, v. 235A PARTNERS, LLC, a Florida limited liability company, MICHAEL D. MESIANO, an individual, KEVIN L. TROUP, an individual, WILLIAM T. PYBURN, III, an individual, LAWRENCE R. TOWERS, an individual, and WARROOM PARTNERS, LLC, a Florida limited liability company, Defendants. ___________/
IN THE CIRCUIT COURT, EIGHTH JUDICIAL CIRCUIT, IN AND FOR ALACHUA COUNTY, FLORIDA
NOTICE OF SALE
NOTICE IS HEREBY GIVEN that pursuant to the Consent Final Judgment rendered on September 30, 2010, in that certain cause pending in the Circuit Court in and for Alachua County, Florida, wherein REGIONS BANK, an Alabama banking corporation, is plaintiff, and 235A PARTNERS, LLC, a Florida limited liability company, MICHAEL D. MESIANO, an individual, KEVIN L. TROUP, an individual, WILLIAM T. PYBURN, III, an individual, LAWRENCE R. TOWERS, an individual, and WARROOM PARTNERS, LLC, a Florida limited liability company, are defendants, in Civil Action Cause No. 01-10-CA-2954, J. K. "Buddy" Irby, Clerk of the aforesaid Court, will at 11:00 a.m., on November 2, 2010, offer for sale and sell to the highest and best bidder for cash in the lobby of the Alachua County Family/Civil Justice Center, 201 East University Avenue, Gainesville, Florida, the following described real property and personal property, situate and being in Alachua County, Florida to-wit: REAL PROPERTY DESCRIPTION:
SEE ATTACHED EXHIBIT A
PERSONAL PROPERTY DESCRIPTION:
SEE ATTACHED EXHIBIT B
Said sale will be made pursuant to and in order to satisfy the terms of said Consent Final Judgment. 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 this 11th day of October, 2010.
J. K. "BUDDY" IRBY
CLERK OF THE CIRCUIT COURT By: /s/ Erika Powell Deputy Clerk
Attorneys for Plaintiff: Andrew M. Sodl Florida Bar Number: 0906891 Akerman Senterfitt 50 North Laura St., Suite 2500 Jacksonville, FL 32202 Telephone: (904) 798-3700
Facsimile: (904) 798-3730 Exhibit A
The Real Property
A tract of land situated in Sections 8 and 17, Township 8 South, Range 18 East, Alachua County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 8, being the Northeast corner of Section 17, Township 8 South, Range 18 East, and run S. 87°26'55"W., along the section line, a distance of 50.01 feet to the West right of way line of County Road No. 235-A (100 foot right of way) and the Point of Beginning; thence run S.01°45'18"E., along said right of way line, a distance of 571.16 feet to the North right of way line of the former Seaboard Coastline Railroad; thence run S.57°03'28"W., along said North right of way line, a distance of 1074.22 feet; thence run N.01°54'18"W., parallel with and one foot West of the West right of way line of the 20 foot wide American Telephone and Telegraph Company easement as described in Official Records Book 415, page 139 of the Public Records of Alachua County, Florida, a distance of 1114.62 feet to the South line of said Section 8; thence run S.87°26'55"W., along said South line, a distance of 360.41 feet; thence run N.01°54'18"W., a distance of 611.28 feet to the Southwest corner of the lands described in Official Records Book 2918, page 1475 of the Public Records; thence run N.87°27'04"E., along the South line of said lands, and along the South line of the lands described in Official Records Book 2241, page 1384 of said Public Records, a distance of 1283.53 feet to the aforementioned West right of way line of County Road No. 235-A; thence run S.01°47'55"E., along said right of way line, a distance of 611.24 feet to the Point of Beginning.
The Personal Property
Exhibit B
1. All buildings, structures, and other improvements now or hereafter located on the Real Property more particularly described on Exhibit A hereto and by this reference incorporated herein, or any part thereof (the “Real Property”); together with All rights-of-way, streets, alleys, passages, riparian and littoral rights, waters, water courses, sewer rights, rights, liberties, privileges, tenements, hereditaments, easements, and appurtenances thereunto belonging or in anyway appertaining, whether now owned or hereafter acquired by 235A Partners, and including all rights of ingress and egress to and from the Real Property and all adjoining property (whether such rights now exist or subsequently arise), together with the reversion or reversions, remainder and remainders, rents, issues and profits thereof; together with All machinery, apparatus, equipment, fittings, and fixtures, whether actually or constructively attached to the Real Property and all building materials of every kind and nature, and all trade, domestic, and ornamental fixtures and all personal property now or hereafter located in, upon, over, or under the Real Property or any part thereof on or off-site benefiting the Real Property and used or usable or intended to be used in connection with any present or future operation of said Real Property, including, but without limiting the generality of the foregoing: all heating, air-conditioning, lighting, incinerating, and power equipment; all engines, compressors, pipes, pumps, tanks, motors, conduits and switchboards; all plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating, and communications apparatus; all boilers, furnaces, oil burners, vacuum cleaning systems, elevators, and escalators; all built-in stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets, and partitions; all rugs and carpets; laundry equipment; together with all contract rights to acquire any of the foregoing and all deposits and payments made under contracts for the acquisition of same; together with all additions and accessions thereto and replacements thereof and proceeds therefrom.
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2. a. All contracts, now existing or hereafter executed, with general contractors, subcontractors, surveyors, materialmen, suppliers and/or laborers in connection with or pertaining to the construction of buildings or any other improvements on the Real Property; b. Any agreements for architectural/ engineering services between 235A Partners and any architect/engineer which is hereinafter entered into with respect to the construction of improvements on the Real Property; c. Drawings, plans and specifications prepared by any architect/engineer in connection with the construction of improvements on the Real Property; d. Any and all building permits, governmental permits, licenses or other governmental authorizations in favor of or in the name of 235A Partners now existing or hereafter executed, authorizing the construction of the improvements on the Real Property, including, but not limited to, stormwater permits, water distribution system permits, Department of Transportation permits, sewage collection system permits, and concurrency reservation certificates; e. Any and all utility service agreements wherein a utility company, utility provider and/or the appropriate governmental entity has agreed to provide utilities to the Real Property; f. All contracts, binders or other agreements between 235A Partners and a buyer of the Real Property for the purchase and sale of the Real Property or an individual lot(s) within the Real Property and further including such contract binders or other agreements which may hereafter come into existence with respect to any portion of the Real Property and including all deposits, letters of credit and other monies paid or payable under any of the above.
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3. All entire interest in and to any and all leases, rental agreements and agreements for the use and/or occupancy of any part of the Real Property (said leases, rental agreements and other agreements are herein referred to as the “Leases”) now existing or hereafter entered into which affect the Real Property or any part thereof, together with all rents, income and profits arising from said Leases and renewals thereof and all rents, income and profits for use and occupation of the Real Property and from all such Leases upon said Real Property and to any and all monies, rents, issues and profits of every kind and nature whether arising from Leases or otherwise.
(Published: Alachua County Today - October 14 and 21, 2010)
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