13-01154W

NOTICE OF SALE
IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 12-CA-1388
FLORIDA COMMUNITY BANK, N.A.
f/k/a Premier American Bank, N.A. a national banking association as Assignee
of the Federal Deposit Insurance Corporation, as Receiver of First National Bank of Central
Florida, National Association,
Plaintiff, vs.
O'DONOGHUE HOLDINGS, LLC, a Florida limited liability company; W. Bruce O'Donoghue, individually, Leigh D. O'Donoghue, individually, and Unknown Tenants,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the “Partial Final Summary Judgment on Counts I, II, III, IV and V,” and the “Order Granting Florida Community Bank's Motion to Reschedule Foreclosure Sale,” entered in the above-styled action in the Ninth Judicial Circuit Court, in and for Orange County, Florida, the Clerk of Orange County will sell the property situated in Orange County, Florida, as described below at a Public Sale, to the highest bidder, for cash, online at www.myorangeclerk.realforeclose.com, on March 18, 2013, at 11:00 a.m.:
SEE EXHIBIT “A”
EXHIBIT “A”
LEGAL DESCRIPTION
REAL PROPERTY:
Lots 2, 3, 4, 5, 6, 7, 8 and 9, Block D, LAWNDALE THIRD ADDITION, according to the plat thereof as recorded in Plat Book L, Page 95 of the Public Records of Orange County, Florida.
Together with the following described Tract of land:
Commence at the Southeast corner of Lot 13, Block “A” LAWNDALE ANNEX, according to the plat thereof as recorded in Plat Book “J,” Page 50, of the Public Records of Orange County, Florida as the point of beginning; thence run North 88°27'05” West along the South line of said Lot 13, a distance of 34.04 feet to the intersection of the Southerly extension of the West line of Block “D” of LAWNDALE THIRD ADDITION according to the plat thereof as recorded in Plat Book “L,” Page 95 of the Public Record of Orange County, Florida; thence run North 00°20'40” East, along said southerly extension of the West line of said Block “D,” a distance of 15.03 feet to the North line of said Lot 13; thence run South 88°27'05” East along said North line of Lot 13, a distance of 34.00 feet to the East line of said Lot 13; thence run South 00°10'32” West, along said East line, 15.03 feet to the point of beginning.
Including the following (collectively, the “Personal Property”):
a. Improvements. All right, title and interest of O'Donoghue Holdings, LLC (the “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, herein (the “Real Property” or the “Land”), regardless of whether physically affixed thereto or severed or capable or severance therefrom (the “Improvements”).
b. Appurtenances. The benefit of all easements and other rights of any nature whatsoever appurtenant to the Real Property 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 Real Property, 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 (the “Appurtenances”).
c. Tangible Property. All of Debtor's interest in all fixtures, equipment, construction materials, building materials, and tangible personal property of any nature whatsoever now or hereafter (i) located on, attached to 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 Real Property. The foregoing includes without limitation: All lighting, incinerating, and power equipment; all engines, compressors, pipes, pumps, tanks, motors, conduits, wiring, and switchboards; all apparatus; all building materials; all furniture, furnishings, office equipment, software and office supplies (including stationery, letterheads, billheads, and items of a similar nature); all heating and air conditioning equipment; all carpeting; all signs and signage; and all additions, accessions, renewals, replacements, and substitutions of any or all of the foregoing (the “Tangible Property”).
e. Income. All rents, issues, incomes, accounts and profits in any manner arising from the Real Property, Improvements, or Tangible Property, or any combination, including Debtor's interest in and to all leases, licenses, franchises, and concessions of, or relating to, all or any portion of the Real Property, Improvements or Tangible Property whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals, or consolidations thereof and all books or other records of account related thereto. The foregoing items are jointly and severally called the “Rents” in this instrument.
e. Products and Proceeds. All products and proceeds of any of the property described in this Exhibit, to include without limitation all proceeds of the conversion, whether voluntary or involuntary, of any of the property described in this Exhibit into cash or other liquidated claims, including all condemnation proceeds, proceeds from insurance payable by reason of loss or damage of or to any item of the property and proceeds form the tax refunds.
f. Contract Rights. All of Debtor's right, title and interest in and to any and all contracts, written or oral, express 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 Real Property, 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 contracts, service contracts, advertising contracts, purchase orders, and leases.
g. Development 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 Real Property, and all benefits, rights, interests, and claims, in whatever form or nature, relating to utilities servicing or to service the Real Property, 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 Real Property, Improvements, or Tangible Property.
h. Intellectual Property. All of Debtor's right, title, and interest in any patent, copyright, trademark, tradename, license, trade secret, customer list, or any other intellectual property or proprietary 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 the operation of any business or activity conducted or to be conducted on the Real Property or Improvements or making use of any other collateral described herein.
i. Other Intangibles. All contract rights, accounts, deposit accounts, instruments, payment intangibles 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 Real Property, Improvements, Tangible Property, or Rents, including all permits, licenses, insurance policies, commercial tort claims, rights of action and other choses in action and all deposit accounts of Debtor otherwise held.
j. Property of Debtor in Possession of Another Party. All property of Debtor, now or at any time hereafter in the possession of another party, including but not limited to, any deposit balances, accounts, items, certificate of deposit or monies.
As used in this exhibit, the term “include” is for illustrative purposes only and is always without limitation.
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.
By: JOHN A. ANTHONY, ESQUIRE Florida Bar No. 0731013 STEPHENIE BIERNACKI ANTHONY, ESQUIRE
Florida Bar No. 0127299
Anthony & Partners, LLC 201 N. Franklin Street, Suite 2800
Tampa, Florida 33602
Telephone: 813/273-5616
Facsimile: 813/221-4113
Attorneys for the Bank
Feb. 28; Mar. 7, 2013 13-01154W

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