12-3642W

NOTICE OF SALE PURSUANT TO FLORIDA STATUTES, CHAPTER 45
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY FLORIDA
CASE NO. 11-CA-005356-O DIVISION: 43
M&I MARSHALL & ILSLEY
BANK, a Florida corporation,
Plaintiff, vs.
PARK AVENUE TOWN CENTER, LLC, a Florida limited liability company; R2-V2 FAMILY PARK AVENUE, LLC, a Florida limited liability company; R2-V2 SIXTH, LLC, a Florida limited liability company; BARRY A. REITER, an individual; GRETCHEN R. H.
VOSE, an individual; and WEKIVA GROUP, INC., a Florida corporation
Defendants.
NOTICE IS GIVEN that pursuant to a Final Judgment of Foreclosure as to Count I - Construction Mortgage Foreclosure dated June 20, 2012, in the above-styled cause, and published in the Gulf Coast Business Review, the Clerk of Court will sell to the highest and best bidder for cash at www.myorangeclerk.realforeclose.com, Florida, beginning at 11:00 a.m. on the 26th day of July, 2012, the following described property:
SEE LEGAL DESCRIPTION OF REAL PROPERTY
ATTACHED HERETO AS EXHIBIT “A”
SEE LEGAL DESCRIPTION OF PERSONAL PROPERTY
ATTACHED HERETO AS EXHIBIT “B”
EXHIBIT “A”
Parcel 1:
The West 75 feet of Tract 1, LAKE MCCOY OAKS, according to the Plat thereof as recorded in Plat Book 6, Page 47 and 48, of the Public Records of Orange County, Florida, LESS road right of way described in Official Records Book 2941, Page 1191 and LESS that portion described in Official Records Book 5680, Page 2803.
AND
Parcel 2:
Tract 1, LESS the West 75 feet thereof, LAKE MCCOY OAKS, according to the Plat thereof as recorded in Plat Book 6, Page 47 and 48, of the Public Records of Orange County, Florida, LESS road right of way described in Official Records Book 2941, Page 1191.
AND
Parcel 3:
BEGINNING AT THE NORTHWEST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 6736, PAGES 3197 THROUGH 3199, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, (“POINT OF BEGINNING”), RUN ALONG THE NORTHERLY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 6736, PAGES 3197 THROUGH 3199, TO THE NORTHEAST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 6736, PAGES 3197 THROUGH 3199, THENCE DUE NORTH TO A POINT ON THE SOUTH BORDER LINE OF MAGNOLIA OAKS RIDGE PHASE II, ACCORDING TO THE PLAT THEREOF RECORDED IN PUT BOOK 35, PAGE 50, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE WESTERLY ALONG THE SOUTHERN BORDER LINE OF MAGNOLIA OAKS RIDGE PHASE II TO A POINT THAT IS THE SOUTHEAST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 7676, PAGE 647 AND 648, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE WESTERLY ALONG THE SOUTHERN BORDER LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 7676, PAGES 647 AND 648, TO A POINT DUE NORTH OF THE POINT OF BEGINNING, THENCE SOUTHERLY TO THE POINT OF BEGINNING.
Exhibit “B”
1. This Exhibit describes the following types and items of property:
A. 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.
B. Tangible Property. All of Mortgagor's interest in all fixtures, equipment, and tangible personal property of any nature whatsoever now or hereafter (i) attached 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 heating, air conditioning, lighting, incinerating, and power equipment, all engines, compressors, pipes, pumps, tanks, motors, conduits, wiring, and switchboards; all plumbing, lifting cleaning, fire prevention, fire extinguishing refrigerating, ventilating, and communications apparatus; all boilers, furnaces, oil burners, vacuum cleaning system, elevators, and escalators; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets, and partitions; all rugs and carpets; all laundry equipment; 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 (for purposes of description in this Exhibit herein referred to as the “Tangible Property”).
C. Income. All rents, issues, incomes, and profits in any manner arising from the Land, Improvements, or Tangible Property, or any combination, including Mortgagor's interest in and to all leases, 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 for purposes of description in the Exhibit referred to as the “Rents”.
D. Proceeds. All proceeds of the conversion, voluntary or involuntary, of the Land, Improvements of any of the property described in the Exhibit into cash or other liquidated claims, or that are otherwise payable for injury to, or the taking or requisition of, any such property, including all insurance and condemnation proceeds.
E. Contract Rights. All of Mortgagor's right, title and interest in and to any and all contract, written or oral, expressed 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 contract, service contracts, advertising contract, purchase orders, and equipment leases.
F. Name. All right, title and interest of Mortgagor in and to any trade name now or hereafter used in connection with the operation of the Land, improvements and all related marks, logos and insignia.
G. Other Intangibles. All contract rights, accounts, instruments and general intangibles 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 choices in action.
H. Construction Materials. All lumber, concrete block, drywall, sheet rock, concrete, roof trusses, beams, joints, or any other personal property used or intended to be used in connection with the construction of any improvements on the Land or any of such items of personal property which are intended to be incorporated into the Land as an Improvement thereon.
I. Sewer Fees. All sewer capacity reservation fees and/or reserved sewer capacity, all tap in rights, all impact fees, all of which may benefit the premises.
J. Plans. Any and all plans, specifications, permits, including building permits, licenses, fees, architectural drawings, surveys and plats association with the construction of any proposed improvements to the Premises.
K. Construction Documents. The foregoing types of property include specifically all of the following: all contracts, plans and documents that concern the design and construction of the improvements, including plans and specifications, drawings and architectural and/or engineering contracts, and construction contracts, together with all amendments, revisions, modifications and supplements.
L. Secondary Financing. All of Mortgagor's rights, power or privilege to further encumber an of the property described in this paragraph for debt.
As used in this paragraph the term “include” is or illustrative purposes only and is always without limitation.
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) 8362303, 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 20th day of June, 2012.
By: John R. Dunham, III
Florida Bar No. 347541
LUTZ, BOBO, TELFAIR, DUNHAM & GABEL
Two North Tamiami Trail, Suite 500
Sarasota, Florida 34236
(941) 951-1800
(941) 366-1603 Fax
June 28; July 5, 2012 12-3642W