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FIRST INSERTION
CLERK'S NOTICE
OF FORECLOSURE SALE
IN THE CIRCUIT COURT
OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CASE NO. 13-CA-597
CNLBANK, a
Florida banking corporation,
Plaintiff, vs.
SUNSHINE PHARMACY
GROUP, LLC, a Florida limited
liability company, et. al.,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Summary Judgment of Foreclosure as to Counts I and IV entered on May 30, 2013,by the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, in Civil Case Number 13-CA-597, I will sell at public sale on June 27, 2013, beginning at 11:00 a.m. to the highest bidder for cash, in the lobby on the third floor of the Courthouse Annex, Collier County Courthouse, 3315 Tamiami Trail East, Naples, Florida, the personal property situated in Collier County, Florida as follows:
The personal property that is the subject matter of this foreclosure action is located in Collier County, Florida, is owned by Defendants Sunshine Pharmacy Group, LLC, Sunshine Pharmacy, Inc., Sunshine Solutions Pharmacy, Inc., Sunshine Pharmacy Medical, Inc., Gulfshore Pharmacy, Inc., and Sunshine Medical at Palm, Inc., and is described on Exhibit “A” hereto.
EXHIBIT “A”
All property rights of any kind whatsoever, whether personal, tangible, intangible, mixed, or otherwise, which encompass accounts, including any demand time, savings, passbook, certificate of deposit or like account maintained by any bank, savings bank, credit union or like organization, general intangibles, accounts, equipment and inventory, which are located at, or which are used in connection with or arise out of the conduct of the Debtor's business including, but not limited to, the following:
1. All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to Debtor's business premises, and including all trade, domestic and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called “Equipment”), now or hereafter located in, upon, or under property owned by Debtor, or any part thereof, and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by Debtor including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines, pipes; pumps; irrigation equipment, wells, tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, rangers, furnaces, oil burners or units thereof; appliances; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings; medical equipment and devices; together with 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, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass, doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all proceeds, additions and accessories thereto and replacements thereof (Debtor hereby agreeing with respect to all additions and replacements to execute and deliver from time to time such further instruments as may be requested by Lender to confirm the conveyance, transfer and assignment of any of the foregoing).
2. Debtor's interests as either lessor or lessee in and to all leases of all property, or equipment, or any part thereof, heretofore made and entered into, and in and to all leases hereafter made and entered into by Debtor during the term hereof or any extension or renewal hereof, together with any and all guarantees thereof and including, without limitation, all present and future cash or securities, security deposited thereunder to secure performance by the lessees of their obligations thereunder, regardless of how said cash or securities are held pursuant to the terms of such leases, and advance rentals.
3. All judgments, awards of damages, and payments, including interest thereon, and the right to receive the same.
4. All of the right, title and interest of the Debtor 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 this Security Agreement, and all proceeds or sums payable for the loss or damage to (i) any property encumbered hereby; or (ii) rents, revenues, income, profits, or proceeds from leases, franchises, concessions or licenses of or on any part of the property.
5. All of the right, title and interest of the Debtor in and to any trade names, names of businesses or fictitious names, licenses including, but not limited to, occupational licenses, permits, site plans, development agreements, and governmental approvals, if any, now or hereafter used in conjunction with any business or endeavor owned or controlled by Debtor.
6. All of the Debtor's interest in all utility security deposits or bonds.
7. All of the Debtor's interest in and to any and all contracts or agreements for the sale of any Collateral, or any part thereof or any interest therein, whether now existing or arising hereafter, and any and all deposits or payments of money arising out of or relating to said contracts or agreements.
8. All existing and after-acquired furniture, fixtures, equipment and inventory, including, but not limited to, computer systems, phone systems, furnishings, art work, televisions, maintenance equipment, medical equipment, and any and all tangible personal property of any nature whatsoever.
9. All accounts, accounts receivables, stocks, bonds, partnership interests, leasehold interests, membership interests, and any and all intangible personal property of any nature whatsoever.
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 Charles Rice, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (239) 252-8800, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.”
Dated this 31st day of May, 2013. DWIGHT E. BROCK
Clerk of the Circuit Court
By: Patricia Murphy
Deputy Clerk
Cathy S. Reiman, Esq.
ROETZEL & ANDRESS, LPA 850 Park Shore Drive Naples, Florida 34103
June 7, 14, 2013 13-01855C