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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO.:
2012-CA-004599 O (43)
FLORIDA ASSET RESOLUTION GROUP, LLC,
Plaintiff, vs.
TAHIR ANSARI, Individually; JASMINE ANSARI, Individually,; ARQUETTE DEVELOPMENT CORPORATION, a Washington corporation; BANCO POPULAR NORTH AMERICA, a New York banking corporation; CNL BANK, a Florida Banking corporation; REGIONS BANK, an Alabama banking corporation; STATE OF FLORIDA, DEPARTMENT OF REVENUE; SUNSHINE RESTAURANT MERGER SUB, LLC, a Delaware limited liability company; WELLS FARGO BANK, N.A.; LYON FINANCIAL SERVICES, INC., a Minnesota Corporation; UNKNOWN TENANTS #1 IN POSSESSION; and UNKNOWN TENANTS #(2) IN POSSESSION,
Defendant(s).
NOTICE IS HEREBY GIVEN pursuant to a Summary Final Judgment dated March 28, 2013, entered in Civil Case number 2012-CA-004599 O (43) of the Circuit Court of the 9th Judicial Circuit in and for Orange County, Florida, wherein FLORIDA ASSET RELOCATION GROUP, LLC, is Plaintiff, and TAHIR ANSARI and JASMINE ANSARI, are the Defendants; the Clerk will hereby sell to the highest and best bidder for cash at www.myorangeclerk.realforeclose.com on May 2, 2013 at 11:00 a.m. the following described property as set forth in the Summary Final Judgment, to-wit:
(a.) Real Property:
SEE ATTACHED EXHIBIT “A”
EXHIBIT A
Lots 11 and 12, LAKE BRYAN ESTATES, according to the Plat thereof, as recorded in Plat Book K, Page 118 of the Public Records of Orange County, Florida, and the vacated Platted road adjacent thereto on the West side together with;
The North 60 Feet of the Southeast one-quarter (SE ¼), of the Southwest one-quarter (SW ¼) of Section 27, Township 24 South, Range 28 East, lying East of the apparent East line of State Road 535 (a/k/a Apopka-Vineland Road) as laid out and in use, now being described by metes and bounds as follows:
Beginning at the intersection of the North line of the Southeast one-quarter (SE ¼) of the Southwest one-quarter (SW ¼) of said Section 27 with the apparent East line of State Road 535 as laid out and in use: thence S09°57'20”E along said apparent East line, a distance of 60.92 feet to an intersection with the South line of the North 80 feet of said Southeast one-quarter (SE ¼) of the Southwest one-quarter of Section 27; thence N90°00'00”E, along said South line, a distance of 557.61 feet to a permanent reference monument hereinafter referred to as “PRM A”; thence continue N90°00'00”E along said South line a distance of 141.8 feet; more or less, to the approximate bank of LAKE BRYAN; thence meander northerly along the bank of LAKE BRYAN for the following three courses, first bearing N04°21'34”E, a distance of 65.09 feet more or less; thence N02°42'46”W, a distance of 114.16 feet more or less; thence N13°44'11”W, a distance of 83.56 feet more or less to an intersection with the North line of Lot 11, LAKE BRYAN ESTATES, as recorded in Plat Book K at Page 116 of the Public Records of Orange County, Florida; thence N90°00'00”W along said North line of Lot 11, a distance of 145.0 feet, more or less, to a permanent reference monument referred to hereinafter as “PRM B”; from which “PRM A” lies S05°28'16”E at a distance of 271.87 feet; thence continue N90°00'00”W along said North line of Lot 11, a distance of 523.54 feet to the West line of that certain Platted road right-of-way, 30 feet in width, abandoned by Official Record Book 8236, Page 4082, Public Records of Orange County, Florida, also being the East line of a certain Platted old Railroad R/W, 60 feet in width, found to be 54.61 feet wide; thence S09°57'20”E, along said West line of that certain Platted road right-of-way; 30 feet in width, a distance of 213.86 feet to a intersection with the aforesaid North line of the Southeast one-quarter (SE ¼) of the Southwest one-quarter (SW ¼) of Section 27; thence N90°00'00”W along said North line a distance of 55.65 feet to the point of beginning.
LESS AND EXCEPT the portion thereof released by Mortgagee pursuant to that certain Partial Release of Mortgage recorded on January 27, 2005 in O.R. Book 7802, Page 276, of the Public Records of Orange County, Florida.
(b) Personal Property:
SEE ATTACHED EXHIBIT “B”
EXHIBIT “B”
All buildings, structures and improvements of every nature whatsoever now or hereafter situated on the real property described on Schedule “1” attached hereto (the “Property”), and all fixtures, machinery, appliances, equipment, furniture, and property of every nature whatsoever, now or hereafter owned by Debtor and located in or on, or attached to, or used or intended to be used in connection with the operation of, the Property, buildings, structures or other improvements, such as, without limitation, all apparatus, machinery, appliances, equipment, radiators, ranges, refrigerators, awnings, shades, blinds, incinerating equipment, power equipment, engines, pipes, pumps, tanks, motors, conduits, switchboards, lifting, cleaning, fire prevention, fire extinguishing, ventilating and communications apparatus, boilers, vacuum cleaning systems, elevators, escalators, screens, storm doors and windows, stoves, wall beds, attached cabinets, partitions, ducts, compressors, rugs and carpets, draperies, furniture and furnishings.
All building materials and equipment now or hereafter delivered to the Property and intended to be installed therein including, but not limited to, lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wall heaters, screens, window frames, glass doors, flooring, paint, lighting fixtures, and unattached refrigerating, cooking, heating, ventilating, and air conditioning ducts, appliances and equipment, kitchen goods, hotel goods, restaurant goods, bar goods, tools, lawn equipment, floor coverings, and elevators.
All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber, and other emblements now or hereafter on the Property, or under or above the same, or any part or parcel thereof.
All easements, rights-of-way, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over, and/or upon the Property, or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes, and appurtenances; and all paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Property, or any part or parcel thereof, 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 Debtor, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim to all judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the Property, or any part thereof, under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Property, or any part thereof, or to any rights appurtenant thereto. Also all architectural building plans and specifications and all abstracts of title relating to the Property.
All of Debtor's right, title and interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by or on behalf of Debtor, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.
All of Debtor's right, title and interest as seller, in and to all agreements for the sale of the Property, or any part thereof, heretofore made and entered into, and in and to all sale agreements hereafter made and entered into, by or on behalf of Debtor, together with all deposits and payments in connection therewith, together with any and all guarantees of such agreements, together with any and all receivables now or hereafter due Debtor with respect to such agreements.
All of Debtor's right, title and interest in and to all unearned premiums accrued, accruing, or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property or personal property, or (b) rents, revenues, income, profits or proceeds from service agreements or contracts, leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights and accounts of Debtor now or hereafter arising from contract now or hereafter entered into in connection with development, construction upon or operation of the Property (including without limitation, all warranties or guaranties by third parties, all deposits held by or on behalf of Debtor, and all management franchise, license and service agreements related to the business now or hereafter conducted by Debtor on the Property).
All accounts, contract rights, goods, inventory, intangible personal property, permits, licenses, liquor licenses, and all personal property of Debtor, whether actually or constructively attached to, connected with, or associated with the Property.
All of Debtor's right, title and interest in and to all DRI approvals, development agreements, development orders, site plans, zoning and land use rights, association documents, easements, and all other rights, approvals, petitions, instruments, entitlements and agreements applicable to the development and use of the Property.
All of the right, title and interest of Debtor in and to any trademarks, trade names, names of businesses, or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Property.
All of Debtor's interest in all utility security deposits or bonds on the Property or any part or parcel thereof.
All of Debtor's right to recover distributions made to members of Debtor pursuant to Chapter 608, Florida Statutes or in accordance with any documentation governing Debtor.
All instruments, documents, chattel papers and general intangibles relating to or arising from the foregoing collateral, and all cash and non-cash proceeds and products thereof.
All products, proceeds, additions, improvements, and accessions thereto, and replacements, renewals, accessions, or substitutions thereto, in and to any of the items hereinabove set forth.
DATED this 8th day of April, 2013.
By: William C. Davell, Esquire
Florida Bar No.: 210481
MAY MEACHAM & DAVELL, P.A.
One Financial Plaza, Suite 2602
Fort Lauderdale, Florida 33394
Office: (954) 763-6006
Fax: (954) 764-5367
[email protected]
[email protected]
Apr. 18, 25, 2013 13-02422W