12-0569W

AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION
CASE NO.: 09-CA-35212-O
EVERBANK, a federal savings bank
Plaintiff, v.
DRK DEVELOPMENT, llc, a florida limited liability company, et al.,
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, The Clerk of Court will sell the property situated 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
THE NORTH 1/3 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, OF TOWNSHIP 23 SOUTH, RANGE 27 EAST, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
PARCEL 2
THE SOUTH 1/2 OF THE NORTH 2/3 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 SOUTH, RANGE 27 EAST, PUBLIC RECORDS OF ORANGE COUNTY FLORIDA.
PARCEL 3
THE SOUTH 1/3 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 SOUTH, RANGE 27 EAST, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
PARCEL 4
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 23 SOUTH, RANGE 27 EAST, AND THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 SOUTH, RANGE 27 EAST, ORANGE COUNTY, FLORIDA LESS AND EXCEPT:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 SOUTH, RANGE 27 EAST, (POINT OF BEGINNING), THEN GO NORTH ALONG THE SAID WEST LINE OF SAID QUARTER QUARTER SECTION 990 FEET; THENCE GO WEST TO A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION WHICH IS 990 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION: THENCE SOUTH ALONG SAID WEST LINE 990 FEET TO THE SAID SOUTHWEST CORNER; THENCE GO EAST TO THE POINT OF BEGINNING ALL IN ORANGE COUNTY FLORIDA.
PARCEL 5
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 SOUTH, RANGE 27 EAST, (POINT OF BEGINNING), THEN GO NORTH ALONG THE SAID WEST LINE OF SAID QUARTER QUARTER SECTION 990 FEET; THENCE GO WEST TO A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION WHICH IS 990 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION: THENCE SOUTH ALONG SAID WEST LINE 990 FEET TO THE SAID SOUTHWEST CORNER; THENCE GO EAST TO THE POINT OF' BEGINNING ALL IN ORANGE COUNTY, FLORIDA.
Together with UCC-1 Collateral described as follows:
2. This instrument covers the following types and items of property, whether currently owned by Debtor or acquired by Debtor at any time in the future, together with all accessories, parts, implements and accessions now attached to or used in connection with, or that may hereafter at any time be placed in or added to, the property described below, or any item thereof; and also all replacements of the property described below, or any item thereof, existing now and acquired by Debtor at any time in the future:
a. Improvements. All right, title, and interest of Debtor in all minerals, soils, crops, timber, landscaping, buildings, structures, betterments, and other improvements of any nature now or hereafter situated in whole or in part upon the lands in Orange County, Florida, described below (“Land”), regardless of whether physically affixed thereto or severed or capable or severance therefrom (“Improvements”). The Land is fully described as follows:
SEE EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN
The Debtor is the owner of the Land.
b. Appurtenances. The benefit of all easements and other rights of any nature whatsoever appurtenant to the Land or the Improvements, or both, and all rights-of-way, streets, alleys, passages, drainage rights, sewer 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, equipments, construction materials, building materials, and tangible personal property of any nature whatsoever now or hereafter (i) located on, attached to 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 lighting, incinerating, and power equipment; all engines, compressors, pipes, pumps, tanks, motors, conduits, wiring, and switchboards; apparatus; 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 (“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. Products and Proceeds. All products and proceeds of any of the property described in this Exhibit into including all condemnation proceeds and proceeds from insurance payable by reason of loss or damage to any item of the property and of accounts and general intangibles.
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. Development Permits and Approvals. All of Debtor's right, title, and interest in all governmental licenses, approvals, permits, certificates, and the like now issued or hereafter issued in connection with the Land, and all benefits, rights, interests, and claims, in whatever form or nature, relating to utilities servicing or to service the Land, Improvements, or Tangible Property, and in or arising from prepaid reservation, capital, or impact fees or charges, or the like, acquired or paid in connection with the Land, Improvements, or Tangible Property.
h. Intellectual Property. All of Debtor's right, title, and interest in any patent, copyright, trademark, trade name, license, trade secret, customer list, or any other intellectual property or proprietary information (or any right, title, interest, or license in intellectual property or proprietary information) acquired, created, or assembled (either presently or in the future) by Debtor for, or used in any respect (either presently or in the future) in connection with operations of, any business or activity conducted or to be conducted on the Land or Improvements or making use of any other collateral described herein.
i. Other Intangibles. All contract rights, accounts, instruments and general intangibles, existing now or acquired by Debtor at any time in the future, 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 chooses in action.
j. Secondary Financing. All of Debtor's rights, power or privilege to further encumber any of the property, described in this Exhibit as collateral for debt.
As used in this exhibit, the term “include” is for illustrative purposes only and is always without limitation.
at public sale, to the highest and best bidder, for cash, pursuant to Judgment or Order of the Court and Chapter 45, Florida Statues, on March 5, 2012; the bidding begins at 11:00 a.m. Eastern Time, or as soon thereafter as the sale may proceed, online via the Internet at www. myorangeclerk.realforeclose.com.
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 N. Orange Avenue, Suite 510, Orlando, Florida, (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 January 30, 2012.
By: Kendra L. Gaugush, Esquire
Florida Bar Number: 0659101
FOWLER WHITE BOGGS, P.A.
P.O. Box 1438
Tampa, FL 33601
Tel.: (813) 228-7411
February 2, 9, 2012 12-0569W