12-3289W

NOTICE OF FORECLOSURE SALE IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR ORANGE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO. 2011-CA-6561-O
Complex Business Litigation Section
Division 43
GROUP ORANGE, LLC, a Florida limited liability company,
Plaintiff, vs.
TRAIL PLAZA POINTE, LLC, a Florida limited liability company; et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Summary Judgment of Foreclosure dated June 1, 2012 entered in Case No. 2011-CA-6561-O, in the Circuit Court of the 9th Judicial Circuit in and for Orange County, Florida, wherein GROUP ORANGE, LLC, a Florida limited liability company, is the Plaintiff, and TRAIL PLAZA POINTE, LLC, a Florida limited liability company; RESTAURANT EQUIPMENT INSTALLATION, INC., a Florida corporation; SOL HEIFETZ; and BELLA'S MARKETPLACE, LLC f/k/a BELLA MINI MALL, LLC, a Florida limited liability company, 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 July 2, 2012, 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 COMPOSITE EXHIBIT “A” and EXHIBIT “A-1”
ATTACHED HERETO AND MADE A PART HEREOF
Composite
Exhibit “a”
Mortgaged Property
A. The real property described in Exhibit “A-1”, together with any greater estate therein as hereafter may be acquired by Mortgagor (the “Land”).
B. All buildings, structures and other improvements, now or at any time situated, placed or constructed upon the Land (the “Improvements”).
C. All materials, supplies, equipment, apparatus and other items of personal property now owned or hereafter acquired by Mortgagor and now or hereafter attached to, installed in or used in connection with any of the Improvements or the Land, and water, gas, electrical, storm and sanitary sewer facilities and all other utilities whether or not situated in casements (the “Fixtures”).
D. All right, title and interest of Mortgagor in and to all goods, accounts, general intangibles, instruments, documents, chattel paper and all other personal property of any kind or character, including such items of personal property as defined in the UCC, now owned or hereafter acquired by Mortgagor and now or hereafter affixed to, placed upon, used in connection with, arising from or otherwise related to the Land and Improvements or which may be used in or relating to the planning, development, financing or operation of the Mortgaged Property, including, without limitation, furniture, furnishings, equipment, machinery, money, insurance proceeds, accounts, contract rights, trademarks, goodwill, chattel paper, documents, trade names, licenses and/or franchise agreements, rights of Mortgagor under leases of Fixtures or other personal property or equipment, inventory, all refundable, returnable or reimbursable fees, deposits or other funds or evidences of credit or indebtedness deposited by or on behalf of Mortgagor with any governmental authorities, boards, corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable or reimbursable tap fees, utility deposits, commitment fees and development costs (the “Personalty”).
E. All reserves, escrows or impounds required under the Loan Agreement and all deposit accounts maintained by Mortgagor with respect to the Mortgaged Property.
F. All plans, specifications, shop drawings and other technical descriptions prepared for construction, repair or alteration of the Improvements, and all amendments and modifications thereof (the “Plans”).
G. All leases, subleases, licenses, concessions, occupancy agreements, rental contracts, or other agreements (written or oral) now or hereafter existing relating to the use or occupancy of all or any part of the Mortgaged Property, together with all guarantees, letters of credit and other credit support, modifications, extensions and renewals thereof (whether before or after the filing by or against Mortgagor of any petition of relief under 11 U.S.C. § 101 et seq., as same may be amended from time to time (the “Bankruptcy Code”)) and all related security and other deposits (the “Leases”) and all of Mortgagor's claims and rights (the “Bankruptcy Claims”) to the payment of damages arising from any rejection by a lessee of any Lease under the Bankruptcy Code.
H. All of the rents, revenues, issues, income, proceeds, profits, and all other payments of any kind under the Leases for using, leasing, licensing, possessing, operating from, residing in, selling or otherwise enjoying the Mortgaged Property whether paid or accruing before or after the filing by or against Mortgagor of any petition for relief under the Bankruptcy Code (the “Rents”).
I. All other agreements, such as construction contracts, architects' agreements, engineers' contracts, utility contracts, maintenance agreements, franchise agreements, service contracts, permits, licenses, certificates and entitlements in any way relating to the development, construction, use, occupancy, operation, maintenance, enjoyment, acquisition or ownership of the Mortgaged Property (the “Property Agreements”).
J. All rights, privileges, tenements, hereditaments, rights-of-way, easements, appendages and appurtenances appertaining to the foregoing, and all right, title and interest, if any, of Mortgagor in and to any streets, ways, alleys, strips or gores of land adjoining the Land or any part thereof.
K. All accessions, replacements and substitutions for any of the foregoing and all proceeds thereof.
L. All insurance policies, unearned premiums therefor and proceeds from such policies covering any of the above property now or hereafter acquired by Mortgagor.
M. All mineral, water, oil and gas rights now or hereafter acquired and relating to all or any part of the Mortgaged Property.
N. All tradenames, trademarks, service marks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Mortgaged Property.
O. All of Mortgagor's right, title and interest in and to any awards, remunerations, reimbursements, settlements or compensation heretofore made or hereafter to be made by any governmental authority pertaining to the Land, Improvements, Fixtures or Personalty.
As used above, the term “Mortgaged Property” shall mean all or, where the context permits or requires, any portion of the above or any interest therein.
NOTE: All references to Mortgagor in this Exhibit “A” refer to Defendant, TRAIL PLAZA POINTE, LLC, a Florida limited liability company.
Plaintiff does not intend to assume or be bound by any of Defendant's duties or obligations under any of the contracts, leases or other instruments described in this Exhibit A, unless and until Plaintiff elects to assume such contracts, leases and/or other obligations in writing.
EXHIBIT “A-1”
Legal Description
LOT 99 AND THAT PART OF LOT 100 LYING WEST OF THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY 17-92-441 (SOUTH ORANGE BLOSSOM TRAIL), ALL IN BLOCK G, PROSPER COLONY (SECTION 3, TOWNSHIP 24 SOUTH, RANGE 29 EAST), AS RECORDED IN PLAT BOOK D, PAGE 101, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
AND
THE NORTHERLY 200.00 FEET OF THE EASTERLY 200.00 FEET OF LOT 125, PROSPER COLONY (SECTION 3, TOWNSHIP 24 SOUTH, RANGE 29 EAST), AS RECORDED IN PLAT BOOK D, PAGE 101, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY 17-92-441.
LESS AND EXCEPT:
THE EAST 25 FEET THEREOF CONVEYED TO ORANGE COUNTY, FLORIDA, AS AN ADDITIONAL RIGHT OF WAY BY WARRANTY DEED RECORDED IN O.R. BOOK 3779, PAGE 1949, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED LAND:
LOT 1, SOUTH ORANGE BLOSSOM TRAIL SHOPPING CENTER, PURSUANT TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 19, PAGE 32, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, WHICH IS A REPLAT OF A PORTION OF LOT 125, BLOCK G, PROSPER COLONY, AS RECORDED IN PLAT BOOK D, PAGE 101, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
THE ABOVE DESCRIBED PREMISES BEING LOTS 2, 3 AND A PORTION OF LOT 4, SOUTH ORANGE BLOSSOM TRAIL SHOPPING CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 19, PAGE 32, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
TOGETHER WITH EASEMENT AS SET FORTH IN RECIPROCAL EASEMENT AGREEMENT FILED APRIL 9, 1986 IN O.R. BOOK 3770, PAGE 942, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
Property Address: 9404-9484 South Orange Blossom Trail, Orlando, FL 32837.
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 THIS 1st day of June, 2012.
Lee D. Mackson
Florida Bar No. 435929
SHUTTS & BOWEN LLP
Attorneys for Plaintiff
1500 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
Telephone: (305) 358 6300
June 7, 14, 2012 12-3289W