12-5107W

CLERK'S NOTICE OF SALE
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO.: 2011-CA-010921-O
COMPLEX BUSINESS LITIGATION COURT
BANCO POPULAR NORTH AMERICA, a New York banking corporation,
Plaintiff, vs.
TECHNICS DENTAL OF ORLANDO, INC., a Florida corporation; ELAYA, INC., a Florida corporation; and ROBERT GARCIA, a/k/a
ROBERTO GARCIA, if alive, or if dead, their unknown spouses, heirs, devisees, grantees, creditors and all parties claiming
interest by, through, under or against a defendant named in this action, and all persons having or claiming to have any right,
title or interest in the property herein described, and all known or unknown sub-contractors,
sub-sub-contractors, and materialmen who may claim a right to file a claim of lien, and
XYZ CORPORATION, Unknown Tenant, and JOHN DOE and JANE DOE, Unknown Tenants.
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Summary Final Judgment of Foreclosure dated the 27th day of August, 2012 and entered in Civil Action Number: 2011-CA-010921-O in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida, LYDIA GARDNER, Clerk of the above-entitled Court, will sell to the highest and best bidder, or bidders, for cash, via the Internet: www.myorangeclerk.realforeclose.com, at 11:00 a.m. on the 27th day of September, 2012 the real and personal property described as follows and as set forth in said Summary Final Judgment of Foreclosure situate in Orange County, Florida:
PARCEL 1:
Lot 7, Block C, ROLANDO ESTATES, according to the plat thereof as recorded in Plat Book Q, Page 85, of the Public Records of Orange County, Florida.
PARCEL 2:
Lot 8, Block C, ROLANDO ESTATES, according to the plat thereof as recorded in Plat Book Q, Page 85, of the Public Records of Orange County, Florida.
TOGETHER WITH all right, title and interest which Technics Dental of Orlando, Inc., a Florida corporation; Elaya, Inc., a Florida corporation; and Robert Garcia, a/k/a Roberto Garcia, now have or may hereafter acquire therein or thereto, all and singular the appurtenances, rights, privileges and easements in anywise appertaining thereto, and all right, title and interest of Technics Dental of Orlando, Inc., a Florida corporation; Elaya, Inc., a Florida corporation; and Robert Garcia, a/k/a Roberto Garcia, in and to any adjoining street or alley to the center line thereof; and
TOGETHER WITH all buildings and improvements now or hereafter located thereon, and all fixtures, furniture, appurtenances, and equipment used in connection with the buildings and other facilities located upon the Mortgaged Premises, including, without limitation, all gas and electrical fixtures, electrical refrigeration equipment, air-conditioning equipment, ice-making equipment, radiators, oil burners, boilers, stokers, and other plumbing, cooling, and heating fixtures, equipment and appliances, elevators, awnings, screens, window shades, storm windows and storm doors, floor coverings, lighting fixtures, built-in appliances, power pumps, water softeners, water heaters, pressure tanks and equipment and incinerators, dynamos, compressor engines and other machinery, fans and blowers, whether or not the same shall have been attached to the Mortgaged Premises.
AND
Technics Dental of Orlando, Inc., a Florida corporation; Elaya, Inc., a Florida corporation; and Robert Garcia, a/k/a Roberto Garcia, hereby assign to Banco Popular North America, a New York banking corporation, the entire proceeds of any award or payment resulting from any taking under the power of eminent domain, alteration of the grade of any street, or other injury to or decrease in value of the Mortgaged Premises by any public or quasi-public authority or corporation.
AND
All of Technics Dental of Orlando, Inc., a Florida corporation; Elaya, Inc., a Florida corporation; and Robert Garcia, a/k/a Roberto Garcia's right, title and interest in and to all leases, tenancy, occupancy, use or license agreements (collectively, “leases”), existing as of the date hereof, if any, or hereinafter executed covering all or any part of the Mortgaged Premises, together with any and all extensions and renewals of any said leases, and also together with any and all guarantees of the lessee's obligations under said leases, and all extensions, amendments and renewals thereof, and all monies payable thereunder.
AND
A security interest under the Florida Uniform Commercial Code in and to all of Technics Dental of Orlando, Inc., a Florida corporation; Elaya, Inc., a Florida corporation; and Robert Garcia, a/k/a Roberto Garcia's fixtures and equipment, building materials, building components, tools and equipment, including fixtures and equipment located on the Mortgaged Premises, whether or not installed or attached, and all personal property of Technics Dental of Orlando, Inc., a Florida corporation; Elaya, Inc., a Florida corporation; and Robert Garcia, a/k/a Roberto Garcia, of every kind and nature whatsoever related thereto or usable in connection therewith, including all building and other permits, licenses, bonds, deposits, software, contract rights and general intangibles, and Technics Dental of Orlando, Inc., a Florida corporation; Elaya, Inc., a Florida corporation; and Robert Garcia, a/k/a Roberto Garcia, agree to execute any financing statements required by Banco Popular North America, a New York banking corporation, to protect its security interest in said fixtures and equipment under the provisions of said Uniform Commercial Code.
AND
Any and all right, title and interest owned or held by it in and to all leases, contracts for deed, contracts for sale, and other agreements whether now existing, owned, held or hereinafter acquired, written or verbal, of any kind and nature by which rents, profits, issues, revenues, accounts receivable, royalties or other income or benefits are derived from the use or occupancy of the Property and all such leases and other agreements hereinafter affecting all or any portion of the Property and all extensions, renewals, modifications or replacements thereof and any and all guarantees of the obligations thereunder and under any and all extensions and renewals thereof (any such leases, future leases, agreements and future agreements are hereinafter referred to collectively as the “Occupancy Agreement”), and all of the rents, income, issues, revenues, accounts receivable, royalties or other benefits and profits payable thereunder or otherwise derived from the Property.
AND
All of Technics Dental of Orlando, Inc., a Florida corporation; Elaya, Inc., a Florida corporation; and Robert Garcia, a/k/a Roberto Garcia's right, title, interest, options and privileges (but not its obligations) in and to (i) all applications, permits, licenses and approvals between Technics Dental of Orlando, Inc., a Florida corporation; Elaya, Inc., a Florida corporation; and Robert Garcia, a/k/a Roberto Garcia, and others, relating to the Improvement or the Property (collectively, the “Permits”), (ii) all contracts now existing or hereafter existing with respect to the construction of the Improvement (collectively, the “Contracts”), together with all of Technics Dental of Orlando, Inc., a Florida corporation; Elaya, Inc., a Florida corporation; and Robert Garcia, a/k/a Roberto Garcia's rights, options and privileges under the Contracts, (iii) all of Technics Dental of Orlando, Inc., a Florida corporation; Elaya, Inc., a Florida corporation; and Robert Garcia, a/k/a Roberto Garcia's right, title and interest in and to all plans for the construction of the Improvement, including without limitation any plans for the Property (the “Plans”).
AND
Any and all right, title and interest owned or held by it in and to all leases, contracts for deed, contracts for sale, and other agreements whether now existing, owned, held or hereinafter acquired, written or verbal, of any kind and nature by which rents, profits, issues, revenues, accounts receivable, royalties or other income or benefits are derived from the use or occupancy of the Property and all such leases and other agreements hereinafter affecting all or any portion of the Property and all extensions, renewals, modifications or replacements thereof and any and all guarantees of the obligations thereunder and under any and all extensions and renewals thereof (any such leases, future leases, agreements and future agreements are hereinafter referred to collectively as the “Occupancy Agreement”), and all of the rents, income, issues, revenues, accounts receivable, royalties or other benefits and profits payable thereunder or otherwise derived from the Property.
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.
In accordance with the Americans With Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding, are entitled, at no charge, to the provision of certain assistance, should contact Court Administration at 425 North Orange Avenue, Suite 2130, Orlando, Florida 32801, telephone (407) 836-2303, within seven (7) days of receipt of this document. If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
DATED on August 27, 2012.
Respectfully Submitted,
ROBERT D. GATTON, P.A.
BROAD AND CASSEL
390 North Orange Avenue
Suite 1400
Orlando, Florida 32801
Post Office Box 4961
Orlando, Florida 32802-4961
(407) 839-4200
Robert D. Gatton, Esquire
Florida Bar Number: 167011
Attorney for Plaintiff
FOR THE COURT
Aug. 30; Sept. 6, 2012 12-5107W