12-2788W

NOTICE OF SALE
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA COMPLEX BUSINESS LITIGATION COURT
Case No.: 48-2010-CA-003162-O
Division: 32
FIRST TENNESSEE BANK, a national banking association, successor by Merger to First Horizon Home Loans and First
Horizon Home Loan Corporation,
Plaintiff, vs.
EOLA URBAN HOLDINGS COMPANY, LLC, MICHAEL N. GOUDA, KATHRYN GOUDA, JOHN P. JAGGER, SUNBELT
RENTALS, INC., CITY CENTER ORLANDO, LLC, LIGGETT INVESTMENTS, LLC, and
UNKNOWN TENANTS NO. 1-5,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure entered by this Court on May 3, 2012, in Case No.: 48-2010-CA-003162-O, in the Circuit Court for the Ninth Circuit in and for Orange County, Florida, in which FIRST TENNESSEE BANK, N.A. is Plaintiff, and EOLA URBAN HOLDINGS COMPANY, LLC, MICHAEL N. GOUDA, KATHRYN GOUDA, JOHN P. JAGGER, SUNBELT RENTALS, INC., CITY CENTER ORLANDO, LLC, LIGGETT INVESTMENTS, LLC, and UNKNOWN TENANTS NO. 1-5, are Defendants.
I will sell to the highest and best bidder for cash via the Orange County Clerk's online foreclosure sale website, www.myorangeclerk.realforeclose.com at 11:00 a.m. on July 16, 2012, the following described property as set forth in the Final Judgment of Foreclosure, to wit:
See attached Exhibit “A”
EXHIBIT A
PARCEL 1:
LOTS 6 AND WEST 15.00 FEET LOT 7, BLOCK C, MAP OF GRANNIS AND SPERRY'S ADDITION TO THE CITY OF ORLANDO, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK D, PAGE 4, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA,
AND
PARCEL 2:
LOTS 1, 8 AND THE EAST 40.00 FEET OF LOT 7, BLOCK C, MAP OF GRANNIS AND SPERRY'S ADDITION TO THE CITY OF ORLANDO, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK D, PAGE 4, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA (HEREINAFTER THE “LAND”).
TOGETHER WITH:
(a) ALL BUILDINGS, STRUCTURES, AND IMPROVEMENTS OF EVERY NATURE WHATSOEVER NOW OR HEREAFTER SITUATED ON THE LAND, AND ALL FIXTURES, MACHINERY, EQUIPMENT, FURNITURE, FURNISHINGS, AND PERSONAL PROPERTY OF EVERY NATURE WHATSOEVER NOW OR HEREAFTER OWNED BY BORROWER AND LOCATED IN, ON, OR USED OR INTENDED TO BE USED IN CONNECTION WITH OR WITH THE OPERATION OF SAID PROPERTY, BUILDINGS, STRUCTURES, OR OTHER IMPROVEMENTS, INCLUDING ALL EXTENSIONS, ADDITIONS, IMPROVEMENTS, BETTERMENTS, RENEWALS AND REPLACEMENTS TO ANY OF THE FOREGOING.
(b) ALL BUILDING MATERIALS, EQUIPMENT, FIXTURES, FITTINGS, AND PERSONAL PROPERTY OF EVERY KIND OR CHARACTER NOW OWNED OR HEREAFTER ACQUIRED BY BORROWER FOR THE PURPOSE OF BEING USED OR USEFUL IN CONNECTION WITH THE IMPROVEMENTS LOCATED. OR TO BE LOCATED ON THE LAND, WHETHER SUCH MATERIALS, EQUIPMENT, FIXTURES, FITTINGS, AND PERSONAL PROPERTY ARE ACTUALLY LOCATED ON OR ADJACENT TO THE LAND OR NOT, AND WHETHER IN STORAGE OR OTHERWISE, WHERESOEVER THE SAME MAY BE LOCATED, INCLUDING, BUT WITHOUT LIMITATION, ALL LUMBER AND LUMBER PRODUCTS, BRICKS, BUILDING STONES, AND BUILDING BLOCKS, SAND AND CEMENT, ROOFING MATERIAL, PAINT, DOORS, WINDOWS, HARDWARE, NAILS, WIRES AND WIRING, PLUMBING AND PLUMBING FIXTURES, HEATING AND AIR CONDITIONING EQUIPMENT AND APPLIANCES, ELECTRICAL AND GAS EQUIPMENT AND APPLIANCES, PIPES AND PIPING, ORNAMENTAL AND DECORATIVE FIXTURES, FURNITURE, AND IN GENERAL ALL BUILDING MATERIALS AND EQUIPMENT OF EVERY KIND AND CHARACTER USED OR USEFUL IN CONNECTION WITH SAID IMPROVEMENTS.
TOGETHER WITH ALL EASEMENTS, RIGHTS OF WAY, GORES OF LAND, STREETS, WAYS, ALLEYS, PASSAGES, SEWER RIGHTS, WATERS, WATER COURSES, WATER RIGHTS AND POWERS, AND ALL ESTATES, RIGHTS, TITLES, INTERESTS, PRIVILEGES, LIBERTIES, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES WHATSOEVER, IN ANY WAY BELONGING, RELATING OR APPERTAINING TO ANY OF THE PROPERTY HEREINABOVE DESCRIBED, OR WHICH HEREAFTER SHALL IN ANY WAY BELONG, RELATE OR BE APPURTENANT THERETO, WHETHER NOW OWNED OR HEREAFTER ACQUIRED BY BORROWER, AND THE REVERSION AND REVERSIONS, REMAINDER AND REMAINDERS, RENTS, ISSUES, AND PROFITS THEREOF, AND ALL THE ESTATE, RIGHT, TITLE, INTEREST, PROPERTY, POSSESSION, CLAIM, AND DEMAND WHATSOEVER AT LAW, AS WELL AS IN EQUITY, OF BORROWER OF, IN AND TO THE SAME, INCLUDING BUT NOT LIMITED TO:
(A) ALL RENTS, PROFITS, ISSUES, AND REVENUES OF THE MORTGAGED PROPERTY FROM TIME TO TIME ACCRUING, WHETHER UNDER LEASES OR TENANCIES NOW EXISTING OR HEREAFTER CREATED, RESERVING TO BORROWER, HOWEVER, SO LONG AS BORROWER IS NOT IN DEFAULT HEREUNDER, THE RIGHT TO RECEIVE AND RETAIN THE RENTS, ISSUES, AND PROFITS THEREOF; AND
(B) ALL JUDGMENTS, AWARDS OF DAMAGES, AND SETTLEMENTS HEREAFTER MADE RESULTING FROM CONDEMNATION PROCEEDINGS OR THE TAKING OF THE PREMISES OR ANY PART THEREOF UNDER THE POWER OF EMINENT DOMAIN, OR FOR ANY DAMAGE (WHETHER CAUSED BY SUCH TAKING OR OTHERWISE) TO THE PREMISES OR THE IMPROVEMENTS THEREON OR ANY PART THEREOF, OR TO ANY RIGHTS APPURTENANT THERETO, INCLUDING ANY AWARD FOR CHANGE OF GRADE OR STREETS.
except as herein before set forth, in accordance with Fla.Stat. §45.031. The “highest bidder” for purposes of this Notice of Sale, is defined as the party who bids the largest amount of money to purchase the Property and who completes the sale in a timely fashion, as hereinafter set out. The one who bids the largest amount of money to purchase the Property shall be permitted to complete the sale by delivering to the Clerk, the balance of such bid, over and above the deposit, by 4:30 p.m. on the day of sale.
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.
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 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 May 8, 2012.
Respectfully Submitted,
Greg McCoskey, Esquire
Florida Bar No. 0089850
AKERMAN SENTERFITT
SunTrust Financial Centre
401 E. Jackson Street, Suite 1700
Tampa, Florida 33602
Phone: (813) 223-7333
Fax: (813) 223-2837
Email: [email protected]
Attorney for Plaintiff, First Tennessee Bank
May 17, 24, 2012 12-2788W