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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION
CASE NO.: 2009-CA-22988-0
DIVISION: 32A
FAR EAST NATIONAL BANK,
Plaintiff, v.
LEO Y. LEE, Individually and as Trustee and HYO S. LEE, Individually and as Trustee of the Lee 2003 Family Trust under Agreement dated April 8, 2003;
ADMINISTRATOR of the SMALL BUSINESS ADMINISTRATION;
ORANGE COUNTY, FLORIDA;
and UNKNOWN OWNERS IN POSSESSION,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to a Final Judgment entered in the above styled cause in the Circuit Court of Orange County, Florida on November 11, 2011, the Clerk of Court shall hold a sale of the subject property situate in Orange County, Florida, described as:
See Exhibit A attached hereto and made a part hereof by reference
as if fully set forth herein
for legal description.
EXHIBIT “A”
LEGAL DESCRIPTION
Parcel 1
A parcel of land lying in the SW 1/4 of Section 30, Township 23 South, Range 30 East, Orange County, Florida, City of Belle Isle, being further described as: The Southerly 350.00 feet of the Easterly 300.00 feet of the Westerly 880.00 feet of the SW 1/4 of Section 30, Township 23 South, Range 30 East, in the County of Orange, State of Florida LESS AN EXCEPT THEREFROM the Southerly 50 feet for road right-of-way.
Parcel 2
Lot 1 , RACEWAY PETROLEUM ADDITION TO BELLE ISLE, according to the plat thereof as recorded in Plat Book 36, Page 41, Public Records of Orange County, Florida Property at: 1853 McCoy Road, Orlando, FL 32809
Together with:
All of Grantor's right, title and interest in all equipment, fixtures and other articles of personal property, now or hereafter owned, and now or hereafter attached or affixed to the real estate described herein; together with all accessions, parts and additions to all replacements of and all
substitutions for any of such property, and all inventory, deposit accounts, intellectual property, investment property and all documents promissory notes chattel paper, letters of credit, letter of credit rights, farm products, and all accounts arising out of or relating to the operation of the
Ramada Inn & Suites (the “Hotel”), including all rights to payment for goods sold or leased or to be sold or leased or for services rendered or to be rendered, all revenues and credit card receipts collected from guest rooms, restaurants bars mini-bars meeting rooms, banquet rooms, recreational facilities, health club fees, food and beverage sales, service charges and vending
machine sales, all governmental permits relating to the Hotel, all contract rights relating to the Hotel, including all contracts for the management or for the provision of any other services in connection with the Hotel and any franchise agreement and the reservntion system relating to the Hotel, and all other goods and personal property of every kind, tangible and intangible.
Together with:
All of Debtor's right, title and interest in the following described property, whether now owned or hereafter acquired; whether now existing or hereafter arising, and wherever located: all equipment, fixtures, and other articles of personal property, now or hereafter owned, and now or hereafter attached or affixed to the real estate described herein; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property, and all
inventory, deposit accounts, intellectual property, investment property and all documents, promissory notes chattel paper, letters of credit, letter of credit rights, farm products, and all accounts arising out of or relating to the operation of the Ramada Inn & Suites (the “Hotel”), including all rights to payment for goods sold or leased or to be sold or leased or for services rendered or to be rendered, all revenues and credit card receipts collected from guest rooms,, restaurants bars, mini-bars, meeting rooms, banquet rooms, recreational facilities, health club
fees, food and beverage sales, service charges and vending machine sales, an govermnental permits relating to the Hotel, all contract rights relating to the Hotel, including all contracts for the management or for the provision of any other services in connection with the Hotel and any franchise agreement and the reservation system relating to the Hotel, and all other goods and personal property of every kind, tangible and intangible, and all aecessiona, attachments, accessories, tools, part, supplies replacements of and additions to any of the property described herein, whether added now or later, all products and produce of any of the property described
herein; all accounts, general intangibles instruments, rents, monies, payments, and all other rights arising out of a sale, lease, consignment or other disposition of any of the property described herein; all proceeds (including insurance proceeds and refunds of premiums) from the sale, destruction, loss, or other disposition of any of the property described herein, and sums due from a third party who has damaged or destroyed the property or from that party's insurer, whether due to judgment, settlement or other process; all records and data relating to any of the property described herein, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with, all right; title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media.
Together with:
All Inventory, Chattel Paper, Accounts, Equipment and General Intangibles; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles
and other accounts proceeds).
at public sale on December 16, 2011, beginning at 11:00 a.m. Eastern Time, or as soon thereafter as the sale may proceed, to the highest and best bidder, for cash. The sale will be held online via the Internet at www.myorangeclerk.realforeclose.com in accordance with Chapter 45, Florida Statutes.
The highest bidder shall immediately post with the Clerk, a deposit equal to 5% of the final bid. The deposit must be cash or cashier's check payable to the Clerk of the Circuit Court. Final payment must be made on or before 5:00 p.m. of the date of the sale by cash or cashier's check.
Any person claiming an interest in 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 THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIEN HOLDER 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.
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE ORANGE COUNTY CLERK OF THE COURT, 425 N. ORANGE AVENUE, ORLANDO, FL 32801, (TELEPHONE: 407-836-2000), WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT A LEGAL SERVICES OFFICE, SUCH AS: LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION, INC., 100 EAST ROBINSON STREET, ORLANDO, FL 32801-1694, (407) 841-8310, TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT THIS SERVICE FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
ATTN: If you are a person with a disability who needs any accommodation in order to participate in a court proceeding or event, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: in Orange County, ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, fax: 407-836-2204; at least 7 days before your scheduled court appearance, or immediately upon receiving notification if the time before the scheduled court appearance is less than 7 days. If you are hearing or voice impaired, call 711 to reach the Telecommunications Relay Service.
DATED on November 15, 2011.
By: Tirso M. Carreja, Jr., Esquire
Florida Bar Number: 0090816
FOWLER WHITE BOGGS, P.A.
501 E. Kennedy B.vd., Suite 1700
Tampa, FL 33602
Tel.: (813) 228-7411
Attorneys for Plaintiff
Nov. 24; Dec. 1, 2011 11-4614W