11-3731W

NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO. 2010-CA-23966-O
Complex Business Litigation Section
Division 32
COMMUNITY SOUTH BANK,
Plaintiff, vs.
CMR PETRO, LLC, a Florida limited liability company; UNITED STATES OF AMERICA, by and through the U.S. SMALL BUSINESS ADMINISTRATION; ESSENTIAL CAPITAL FINANCE, INC., a Florida corporation not-for-profit, f/k/a JACKSONVILLE ECONOMIC DEVELOPMENT COMPANY, INC.; ADVANTAGE LEASING CORPORATION, a Wisconsin corporation; MARINE BANK; MALLIKARJUNA R. JERRIPOTHULA; and RAMCHANDRA AKAVARAM,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Summary Judgment of Foreclosure dated September 28, 2011 entered in Case No. 2010-CA-23966-O, in the Circuit Court of the 9th Judicial Circuit in and for Orange County, Florida, wherein COMMUNITY SOUTH BANK, is the Plaintiff, and CMR PETRO, LLC, a Florida limited liability company; UNITED STATES OF AMERICA, by and through the U.S. SMALL BUSINESS ADMINISTRATION; ESSENTIAL CAPITAL FINANCE, INC., a Florida corporation not-for-profit, f/k/a JACKSONVILLE ECONOMIC DEVELOPMENT COMPANY, INC.; ADVANTAGE LEASING CORPORATION, a Wisconsin corporation; MARINE BANK; MALLIKARJUNA R. JERRIPOTHULA; and RAMCHANDRA AKAVARAM, are the Defendants, I will sell to the highest and best bidder for cash except as set forth hereinafter, at 11:00 a.m. on October 28, 2011, at the Clerk's website for on-line auctions via the Internet at www.myorangeclerk.realforeclose.com, the following described property situated in Orange County, as set forth in said Final Judgment, to wit:
See EXHIBIT “A” and EXHIBIT “B” attached hereto and made a part hereof.
EXHIBIT “A”
Mortgaged Property
All those certain lots, pieces, or parcels of land lying and being in Orange County, State of Florida (the “Property”), together with the buildings and improvements now or hereafter situated thereon, and said land being legally described as follows:
The North 100 feet of the South 610 feet of the East 155 feet of Lot 60, and the North 100 feet of the South 610 feet of Lot 59, and that part of Lot 58 lying West of Federal Highway 17-92 and contained in the North 100 feet of the South 610 feet of Lot 58, Block E, PLAN OF BLOCK E OF PROSPER COLONY, in Section 34, Township 23 South, Range 29 East, according to the Plat thereof, as recorded in Plat Book D, Page 108, of the Public Records of Orange County, Florida.
Property Address: 8296 South Orange Blossom Trail, Orlando, Florida 32809
Parcel ID No. 34-23-29-7268-06-001
TOGETHER WITH all and singular the tenements, hereditaments, easements, riparian rights and other rights now or hereafter belonging or appurtenant to the Property, and the rights (if any) in all adjacent roads, ways, streams, alleys, strips and gores, and the reversion or reversions, remainder or remainders, rents, issues, profits thereof, and all the estate. Right, title, interest, property, claim and demand whatsoever of Mortgagor of, in and to the same and every part and parcel thereof;
TOGETHER WITH any and all tangible property (collectively, the “Equipment”) now or hereafter owned by Mortgagor and now or hereafter located at, affixed to, placed upon or used in connection with the Property or any present or future improvements thereon, including without limitation: all machinery, equipment, appliances, fixtures, conduits and systems for generating or distributing air, water, heat, air conditioning, electricity, light, fuel or refrigeration, or for ventilating or sanitary purposes, or for the exclusion of vermin or insects, or for the removal of dust, refuse, sewage or garbage, or for fire prevention or extinguishing; all elevators, escalators, lifts and dumbwaiters; all motors, engines, generators, compressors, pumps, lift stations, tanks, boilers, water heaters, furnaces and incinerators; all furniture, furnishings, fixtures, appliances, installations, partitions, shelving, cabinets, lockers, vaults and wall safes; all carpets, carpeting, rugs, under padding, linoleum, tiles, mirrors, wall coverings, windows, storm doors, awnings, canopies, shades, screens, blinds, draperies and related hardware, chandeliers and light fixtures; all plumbing, sinks, basins, toilets, faucets, pipes, sprinklers, disposals, laundry appliances and equipment, and kitchen appliances and equipment; all alarm, safety. Electronic, telephone, music entertainment, and communications equipment and systems; all janitorial, maintenance, cleaning, window washing, vacuuming, landscaping, pool and recreational equipment and supplies; and any other items of property, wherever kept or stored, if acquired by Mortgagor with the intent of incorporating them in and/or using them in connection with the Property or any improvements to the Property; together also with additions thereto and replacements and proceeds thereof (Mortgagor hereby agreeing, with respect to all additions and replacements and proceeds, to execute and deliver from time to time such further instruments as may be requested by Mortgagee to confirm their inclusion herein); all of which foregoing items described in this paragraph are hereby declared to be part of the real estate and encumbered by the Mortgage;
TOGETHER WITH (a) any and all awards or payments, including interest thereon and the right to receive the same, growing out of or resulting from any exercise of the power of eminent domain (including the taking of all or any part of the Premises, as defined hereafter), or any alteration of the grade of any street upon which the Property abuts, or any other injury to, taking of, or decrease in the value of the Premises or any part thereof; (b) any unearned premiums on any hazard, casualty, liability, or other insurance policy carried for the benefit of Mortgagor and/or Mortgagee with respect to the Premises (as defined hereafter); (c) all rights of Mortgagor in and to all supplies and material delivered to or located upon the Property or elsewhere and used or usable in connection with the construction or refurbishing of improvements on the Property; and (d) all rights of Mortgagor in, to, under, by virtue of, arising from or growing out of any and all present or future contracts, instruments, accounts, insurance policies, permits, licenses, trade names, plans, appraisals, reports, paid fees, choses-in-action, subdivision restrictions or declarations or other intangibles whatsoever now or hereafter dealing with, affecting or concerning the Property, the improvements thereto, or any portion thereof or interest therein, including but not limited to: (i) all contracts, plans and permits for or related to the Property or its development or the construction or refurbishing of improvements on the Property, (ii) any agreements for the provision of utilities to the Property, (iii) all payments, performance and/or other bonds, (iv) any contracts now existing or hereafter made for the sale by Mortgagor of all or any portion of the Property, including any deposits paid by any purchasers (howsoever such deposits may be held) and any proceeds of such sales contracts, including any purchase-money notes and mortgages made by such purchasers, and (v) any declaration of condominium, restrictions, covenants, easements or similar documents now or hereafter recorded against the title to all or any portion of the Property; and
TOGETHER WITH all of Mortgagor's rights to enter into any lease or lease agreement regarding all or any part of the Property, and all of Mortgagor's rights to encumber the Property further for debt, Mortgagor hereby (a) representing as a special inducement to Mortgagee to make the Loan that, as of the date hereof, there are no encumbrances to secure debt prior or junior to this Mortgage, and (b) covenanting that there are to be none as of the date when the Mortgage is recorded.
TO HAVE AND TO HOLD the above-described and granted property, appurtenances and rights (referred to collectively in the Mortgage as the “Premises”) unto Mortgagee in fee simple forever.
As used in this Exhibit, “Mortgagee” refers to Plaintiff, COMMUNITY SOUTH BANK and “Mortgagor” refers to Defendant, CMR PETRO, LLC, a Florida limited liability company.
EXHIBIT “B”
Secured Personal Property
All right, title, interest and estate of Debtor now owned, or hereafter acquired, in and to the following property, rights, interests and estates hereinafter described are collectively referred to herein as the “Collateral”:
(a) All Accounts and Chattel Paper;
(b) All Equipment;
(c) All Inventory;
(d) All fixtures;
(e) All General Intangibles;
(f) All funds on deposit with or under the control of LENDER or its agents or correspondences; and
(g) All parts, replacements, substitutions, accessions, additions, profits, products and cash and non-cash proceeds of any of the foregoing (including insurance proceeds payable by reason of loss or damage thereto) in any form and wherever located. Collateral shall include all written or electronically recorded records relating to any such Collateral and other rights relating thereto, including, without limitation, membership lists, credit files, computer programs and print-outs.
The capitalized terms set forth above are defined as follows:
“Account” shall mean any account receivable, including any rights of payment for goods sold or leased or for services rendered, which is not evidenced by an instrument or chattel paper, whether or not it has been earned by performance, including, without limitation, all special operating assessments, the annual membership dues collected by Debtor from its members, all capital assessments, if any, assessed against the members of Debtor, all periodic proceeds from the sale of new or existing equity memberships of Debtor, all sums received by Debtor from any litigation or the settlement thereof and any payments or settlements of insurance claims relating to the original construction or any other construction or expansion or renovation of Debtor's country club, athletic, recreation, dining and other facilities, and in addition includes all property included in the definition of “accounts” as used in the Uniform Commercial Code as adopted in the State of Florida as of the date hereof (the “Code”), together with any guaranties, letters of credit and other security therefor.
“Chattel Paper” shall mean all writing or writings which evidence both a monetary obligation and a security interest in or the lease of specific goods and in addition includes all property included in the definition :chattel paper” as used in the Code together with any guaranties, letters of credit and other security therefor.
“Equipment” shall mean all furniture, fixtures, equipment, motor vehicles, rolling stock and other tangible property of Debtor of every description, except Inventory and in addition includes all property included in the definition of “equipment” as used in the Code.
“General Intangibles” shall mean all intangible personal property (including things in action) except Accounts, Chattel Paper and instruments (as defined in the Code), including all contract rights (including, without limitation, construction contracts), copyrights, trademarks, trade names, service marks, patents, patent drawings, designs, formulas, rights to Debtor's name itself, including the name “Park Inn Orlando”, customer and membership lists, rights to all prepaid expenses, marketing expenses, rights to receive future contracts, fees, commissions and orders relating in any respect to any business of Debtor, all licenses and permits, all computer programs and other software owned by Debtor, or which Debtor has the right to use, and all rights for breach of warranty or other claims for funds to which Debtor may be entitled, all choses in action, causes of action, corporate or other business records, deposit accounts, patents, patent applications, trade secrets, good will, registrations, any and all liquor licenses issued by the State of Florida, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, franchises (if any), tax refund claims, all claims under guaranties, security interests or other security held by or granted to Debtor to secure payment of any of the accounts by account debtors of Debtor, all rights to indemnification and all other intangible property of every kind and nature; and in addition includes all property included in the definition of “general intangibles” as used in the Code.
“Inventory” shall mean all goods, merchandise and other personal property of Debtor which is held for sale or lease or furnished or to be furnished under a contract for services or raw materials, and all work in process and materials used or consumed or to be used or consumed in the Debtor's business, and in addition, includes all property included in the definition of “inventory” as used in the Code.
As used in this Exhibit, “Debtor” refers to Defendant, CMR PETRO, LLC, a Florida limited liability company.
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 60 DAYS AFTER THE SALE.
REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES
“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 ADA Coordinator, Human Resources, Orange County Courthouse, 425 North Orange Avenue, Suite 510, Orlando, FL, Telephone (407) 836 2303 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, call 711.”
DATED on October 5th, 2011.
LYDIA GARDNER, CLERK OF COURT
ORANGE COUNTY, FLORIDA
By: Geoffrey L. Travis
Florida Bar No. 988812
SHUTTS & BOWEN LLP
Attorneys for Plaintiff
1500 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
Telephone: (305) 358 6300
October 13, 20, 2011 11-3731W