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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA
Case No. 2009-CA-7107
HORIZON BANK, a Florida banking corporation,
Plaintiffs, vs.
GETAWAY MARKETING, INC., a Florida corporation, COMPLETE BUS SERVICE, INC., a Florida corporation, SUSAN A. GOULD and WILLIAM GOULD,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure entered in the above styled case, number 2009-CA-7107 in the Circuit Court of Manatee County, Florida, that I, R.B. “Chips” Shore, Manatee County Clerk, will sell the following property situated in Manatee County, Florida, described as:
A. All fixtures, machinery, appliances, equipment, furniture, and personal property of every nature whatsoever now or hereafter owned by Debtors, including all extensions, additions, improvements, betterments, renewals, substitutions, and replacements to any of the foregoing and all of the right, title and interest of Debtor in and to any such personal property or fixtures together with the benefit or any deposits or payments nor or hereafter made on such personal property or fixtures by any Debtor or on its behalf;
B. Any and all accounts, accounts receivable, receivables, contract rights, leases, rents, profits, book debts, checks, notes, drafts, instruments, chattel paper, acceptances, choses in action, any and all amounts due to Debtors from a factor or other forms of obligations and receivables now existing or hereafter arising out of the business of Debtors, as well as any and all returned, refused and repossessed goods, the cash or non-cash proceeds resulting therefrom;
C. All patents, trademarks, service marks, trade secrets, copyrights and exclusive licenses (whether issued or pending), and all documents, applications, materials and other mattes related thereto, all inventions, all manufacturing, engineering and production plans, drawings, specifications, processes and systems, all trade names, computer programs, data bases, systems and software (including source and object codes), goodwill, choses in action, and all other general intangibles of Debtors, whether now owned or hereafter acquired, and all cash and non-cash proceeds thereof, and all chattel paper, documents and instruments relating to such intangibles;
D. All of each Debtor's right, title interest and privileges arising under all contracts, including the Government Contracts and agreements to build out Bus chassis, permits and licenses presently held or hereafter obtained in connection with the operation of each Debtor's business as now or hereafter conducted, including by way of example and not in limitation: all variances, licenses and franchises granted by municipal, county, state and federal Governmental Authorities, or any of their respective agencies;
E. All titles or MSO's to Buses or other vehicles acquired by any Debtor;
F. All judgments, awards of damages and settlements hereafter made resulting from condemnation proceeds or the taking of the Collateral or any portion thereof under the power of eminent domain; any proceeds of any and all policies of insurance maintained with respect to the Collateral, or proceeds of any sale, option or contract to sell any Collateral or any portion thereof.
G. All investment property;
H. All Deposit Accounts;
I. All letter of credit rights;
J. All proceeds of the foregoing (herein “Proceeds”).
“Government Contracts” shall mean each contract for purchase of a Bus from Gateway by any governmental or nonprofit agency, pursuant to the Florida Vehicle Procurement Program authorized by the Deparment of Transportation, including but not limited to the following program awards:
A. #FVPP-08-SC ;
B. #FVPP-05-CA-5;
C. #FVPP-05-CA-04; and
D. #FVPP-08-MV-GM-
(“Program Awards”)
at public sale, to the highest and best bidder for cash, via the internet: WWW.MANATEE.REALFORECLOSE.COM, at 11:00 a.m. on July 31, 2013.
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 the Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
Dated this 19th day of June, 2013.
ROBERT C. SCHERMER, ESQ.
P. O. Box 551
Bradenton, Florida 34206
941-747 1871/941-747-2991 (fax)
Attorneys for Plaintiff
July 12, 19, 2013 13-02327M