-
-
Loading
Loading
FIRST INSERTION
NOTICE OF PUBLIC SALE OF COLLATERAL BY ORDER OF SECURED PARTY
TO:
WILLIAM E. FITZGERALD
4099 Tamiami Trail, Suite 305
Naples, FL 34103
1250 Tamiami Trail, Suite 211
Naples, FL 34102
MARY CAROL FITZGERALD, as Trustee of the C.F. Five Investment Irrevocable Trust Dated 7/29/99 (“Grantor”)
4099 Tamiami Trail, Suite 305
Naples, FL 34103
1 West Superior Street, Apt. 1706
Chicago, IL 60650
KERI FITZGERALD A/K/A KERI JOHNSON, as Trustee of the C.F. Five Investment Irrevocable Trust Dated 7/29/99 (“Grantor”)
4099 Tamiami Trail, Suite 305
Naples, FL 34103
8137 Ronda Court, Apartment R
Naples, FL 34109
CC: MARKET MANAGEMENT, INC. c/o Asa W. Chandler, Registered Agent
225 Banyan Blvd., Suite 210
Naples, FL 34102
FROM: SHAMROCK BANK OF FLORIDA (“Lender”)
NAME OF DEBTOR:
WILLIAM E. FITZGERALD
Pursuant to Sections 610, 611 and 613 of the Florida Uniform Commercial Code (Fla. Stat. §§ 679.610, 679.611 and 679.613) and by order of secured party, notice is hereby given that on Friday, August 16, 2013, at 10:00 a.m., EDT, in the Conference Room of Quarles & Brady LLP, 1395 Panther Lane, Suite 300, Naples, Florida 34109, Lender will offer for sale to the highest qualified bidder the Collateral owned by Grantors and described as (the “Collateral”):
333 Shares of the Common Stock of Market Management, Inc., Cusip No. 7
The sale may be continued from time to time, without further notice other than as given at the scheduled sale, at the sole and absolute discretion of Lender. Closing shall occur immediately after the auction if Lender (or its nominee) is the highest bidder, and will occur no later than the close of business on August 16, 2013, if Lender is not the highest bidder.
TERMS OF PUBLIC SALE
Each interested bidder shall deposit $25,000.00 by cashier's or certified check with Lender prior to bidding, with all deposits (except that of the highest bidder) returned at the conclusion of the bidding process. The deposit of the highest bidder shall be non-refundable, with the balance of the bid payable by cashier's or certified check, or by wire transfer at the closing. If the successful bidder fails to close, the initial deposit is forfeited, and the Collateral, at secured party's option, may be sold to the next highest bidder. Lender, either directly or indirectly through nominees or assigns, reserves the right to bid at any such sale without cash, certified or cashier's check deposit, as required for other bidders, and to take title through one or more nominees or assigns.
The Collateral shall be sold as is and where is, and all warranties of quality, fitness and merchantability are hereby excluded. The Collateral will be sold only as a block to a single purchaser and will not be split up or broken down. The purchaser of the Collateral will be required to acknowledge and represent that: (1) the purchaser, either alone or with the purchaser's attorneys, accountants or other advisors, possess the requisite business and investment knowledge and expertise and experience to effectively evaluate the potential risks and merits of the investment; and (2) the purchaser has sufficient financial ability and net worth to bear the economic risk of the investment. Other terms of this public sale may be announced at the public sale.
Borrower is entitled to an accounting of the unpaid indebtedness secured by the Collateral that Lender intends to sell. Borrower may request an accounting by calling Lauren G. Raines, Quarles & Brady LLP, (813) 387-0300, following the public sale. For further information, interested parties should contact Lauren G. Raines, Quarles & Brady LLP, (813) 387-0300.
August 2, 9, 2013 13-02501C