13-0815W

NOTICE OF SALE
CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
ORANGE COUNTY, FLORIDA
COMPLEX BUSINESS LITIGATION COURT
Case No.: 2009-CA-030296-O
DIVISION: 43
EVERBANK, a federal savings bank,
Plaintiff, v.
LAKE FAIRVIEW DEVELOPMENT, LLC, a Florida limited liability company, et al.,
Defendants.
BLICKFELD ANSTALT, an establishment organized and existing under the laws of the principality of Liechtenstein,
Counter/Cross Complainant,
v.
EVERBANK, a federal savings bank,
Counter-Defendant.
NOTICE IS HEREBY GIVEN that, pursuant to a Final Judgment entered in the above-styled cause in the Circuit Court of Orange County, Florida the Clerk of Court shall hold a sale for the subject property described as:
See Exhibits “A” attached hereto and made a part hereof by reference as if fully set forth herein for legal description.
at public sale on March 13, 2013, beginning at 11:00 a.m. Eastern Time, or as soon thereafter as the sale may proceed, to the highest and best bidder, for cash, via Internet at www.myorangeclerk.realforeclose.com.
EXHIBIT “A”
(LEGAL DESCRIPTION)
PARCEL 1:
Lot 1, Fairview Pointe, according to the Plat thereof as recorded in Plat Book 22, Pages 131-132, Public Records of Orange County, Florida, and that part of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 9, Township 22 South, Range 29 East lying East of said Lot 1.
PARCEL 2:
Lot 2, Fairview Pointe, according to the Plat thereof as recorded in Plat Book 22, Pages 131-132, Public Records of Orange County, Florida.
PARCEL 3:
The North 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 10, Township 22 South, Range 29 East, less the West 410 feet of the North 564 feet of the South 667 feet of the Northwest 1/4 of the Southwest 1/4, less the East 200 feet and less that one acre parcel in the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 10, Township 22 South, Range 29 East, less that part in Fairview Pointe, Plat Book 22, Pages 131-132, Public Records of Orange County, Florida.
PARCEL 4:
The Southwest 1/4 of the Northwest 1/4 of Section 10, Township 22 South, Range 29 East and that one acre in the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 10, Township 22 South, Range 29 East, less that part in Fairview Pointe, Plat Book 22, Pages 131-132, Public Records of Orange County, Florida.
TOGETHER WITH:
Beneficial Grant of Easement For Private Road Grade Crossing recorded November 19, 2004 in Book 7709, Page 476 and Affidavit of Easement recorded in Book 7301, Page 2477.
Together with UCC-1 Collateral described as follows:
This instrument covers the following types and items of property, whether currently owned by Debtor or acquired by Debtor at any time in the future, together with all accessories, parts, implements and accessions now attached to or used in connection with, or that may hereafter at any time be placed in or added to, the property described below, or any item thereof; and also all replacements of the property described below, or any item thereof, existing now and acquired by Debtor at any time in the future:
a. Improvements. All right, title, and interest of Debtor in all minerals, soils, crops, timber, landscaping, buildings, structures, betterments, and other improvements of any nature now or hereafter situated in whole or in part upon the lands in Orange County, Florida, described above (“Land”), regardless of whether physically affixed thereto or severed or capable or severance therefrom (“Improvements”). The Land is fully described as follows:
See Exhibit “A” attached hereto and incorporated herein by reference.
b. Appurtenances. The benefit of all tenements, hereditaments, easements and other rights of any nature whatsoever, if any, appurtenant to the Land or the Improvements, or both, the benefit of all rights-of-way, strips and gores of land, streets, alleys, passages, drainage rights, sanitary sewer and potable water rights, stormwater drainage rights, rights of ingress and egress to the Land and all adjoining property, and any improvements of Debtor now or hereafter located on any of such real property interests, water rights and powers, oil, gas, mineral and riparian and littoral rights, 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 (the “Appurtenances”).
c. Tangible Property. All of Debtor's right, title and interest, if any, in and to all fixtures, equipment and tangible personal property of any nature whatsoever that is now or hereafter (i) located on, attached or affixed to the Land, the Appurtenances, or the Improvements, or (ii) situated upon or about the Land, the Appurtenances or the Improvements, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (iii) used, regardless of where situated, if 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 goods and inventory, 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 and public address apparatus; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets, and partitions; all rugs, draperies and carpets; all laundry equipment; all building materials; all furniture (including, without limitation, any outdoor furniture), furnishings, office equipment and office supplies (but not including furniture, furnishings or office equipment in units used as models or sales offices); all appliances, all development, architectural, engineering and construction plans; and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing. The property interests described by this sub-paragraph are called the “Tangible Property”.
d. Rents. All rents, issues, incomes and profits in any manner arising from the Land, Improvements, Appurtenances or Tangible Property, or any combination thereof, including Borrower's interest in and to all leases of whatsoever kind or nature, licenses, franchises and concessions of or relating to all or any portion of the Land, Appurtenances, Improvements or Tangible Property, or the operation thereof, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations thereof. The property interests described in this subparagraph are called the “Rents”.
e. Secondary Financing. All of Debtor's right, power or privilege to further encumber any of the Land or other property described in this Exhibit as collateral for debt, it being intended by this provision to divest Debtor of the power to encumber or to grant a security interest in any of such property as security for the performance of an obligation.
f. Products and Proceeds. All products and proceeds of the property described in this Exhibit, to include without limitation all proceeds of the conversion, voluntary or involuntary, of any of the property described in this Exhibit into cash or other liquidated claims, or that are otherwise payable for injury to or the taking or requisitioning of any such property, including judgments, settlements and insurance and condemnation proceeds, and also to include all proceeds under any letter of credit issued for the benefit of Debtor.
g. Contract Rights. All of Debtor's right, title and interest in and to any and all contracts or leases, written or oral, express or implied, now existing or hereafter entered into or arising, in any matter related to the development, improvement, use, operation, sale, conversion or other disposition of any interest in the Land, Appurtenances, Improvements, Tangible Property or the Rents, or any combination thereof, including all tenant leases, sales contracts, reservation deposit agreements, any and all deposits, prepaid items, letters of credit, and payments due and to become due thereunder (to include without limitation any payment due or to become due under any letter of credit issued to the benefit of Debtor); and including, without limitation, contracts pertaining to maintenance, on-site security service, elevator maintenance, landscaping services, building or project management, marketing, leasing, sales and janitorial services; Debtor's interests as lessee in equipment leases, including telecommunications, computers, vending machines, model furniture, televisions, laundry equipment; and Debtor's interests in construction contracts or documents (including architectural drawings and plans and specifications relating to the Improvements), service contracts, use and access agreements, advertising contracts and purchase orders. The property interests encumbered and described in this sub-paragraph are called the “Contract Rights”.
h. Development and Construction Permits and Approvals. All of Debtor's right, title, and interest in all governmental licenses, approvals, permits, certificates, and the like now issued or hereafter issued in connection with the Land, and all benefits, rights, reservations, interests, and claims, in whatever form or nature, relating to utilities servicing or to service the Land, Improvements, or Tangible Property, and in or arising from prepaid reservation, capital, or impact fees or charges, or the like, acquired or paid in connection with the Land, Improvements, or Tangible Property.
i. Trade Names and Intellectual Property. All of Debtor's right, title, and interest in and to all trade names, project names, logos, service marks, patents, copyrights, trademarks, good will, licenses, trade secrets, customer lists, and slogans now or hereafter used in conjunction with the use or operation of the Land and any other intellectual property or proprietary information (or any right, title, interest, or license in intellectual property or proprietary information) acquired, created, or assembled (either presently or in the future) by Debtor for, or used in any respect (either presently or in the future) in connection with operations of, any business or activity conducted or to be conducted on the Land or Improvements or making use of any other collateral described in this Exhibit
j. Other Intangibles. All contract rights, commissions, money, deposits, certificates of deposit, letters of credit, documents, instruments, chattel paper, accounts, and general intangibles as such terms from time to time are defined in the Uniform Commercial Code as adopted by the State of Florida (the “Uniform Commercial Code”), in any manner related to the construction, use, operation, sale, conversion or other disposition (voluntary or involuntary) of the Land, Appurtenances, Improvements, Tangible Property or Rents, including all construction plans and specifications, architectural plans, engineering plans and specifications, permits, governmental or quasi-governmental approvals, licenses, utility reservations and rights to receive utility services and all rights to and under fees or charges paid by or credits granted to Borrower or on its behalf in connection with the Land, Improvements and Appurtenances, developer rights, vested rights under any Planned Unit Development or Development of Regional Impact or other project, zoning, or land use approval, insurance policies, rights of action and other choses in action.
As used in this exhibit, the term “include” is for illustrative purposes only and is always without limitation.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIEN HOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
ATTN: If you are a person with a disability who needs any accommodation in order to participate in a court proceeding or event, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: in Orange County, ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, fax: 407-836-2204; at least 7 days before your scheduled court appearance, or immediately upon receiving notification if the time before the scheduled court appearance is less than 7 days. If you are hearing or voice impaired, call 711 to reach the Telecommunications Relay Service.
DATED on January 24, 2013.
By: Tirso M. Carreja, Esq.
FBN FBN: 090816
As Officer of the Court
FOWLER WHITE BOGGS, P.A.
501 East Kennedy Blvd., Suite 1700
Tampa, Florida 33602
Tel.: (813) 228-7411
February 14, 21, 2013 13-0815W

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