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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
Case No. 2012-CA-1418-0
farm credit of central florida, aca,
Plaintiff v.
SDS INVESTMENTS, LTD., A FLORIDA LIMITED PARTNERSHIP, SDS PROPERTY MANAGEMENT, INC., A FLORIDA CORPORATION, ET AL.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Stipulated Final Judgment of Foreclosure dated the 29th day of April, 2013 and entered in the above-entitled cause in the Circuit Court of Orange County, Florida, I will sell to the highest and best bidder for cash online at www.myorangeclerk.realforeclose.com, at 11:00 a.m. on the 24th day of September, 2013, the interest in property situated in Orange County, Florida and described as:
SEE ATTACHED EXHIBITS “A” AND “B”
EXHIBIT “A”
the east 1/2 of lot 1 and all of lots 2, 6, 8, 10 and 12, town of round lake, as recorded in miscellaneous book 3, page 239, public records of orange county, florida;
together with a 60 foot wide right-of-way easement being the north 60 feet of the west 1/2 of lot 1, townof round lake, as recorded in miscellaneous book 3, page 230, pursuant to that certain easement and use agreement recorded in o.r. book 6278, page 3483, public records of orange county, florida.
together with all leases, rents, issues and profits arising from the property.
together with the personal property described on the attached exhibit “B”.
EXHIBIT “B”
The term “Debtor” as used herein refers to SDS Investments, Ltd., a Florida limited partnership and Milestone Agriculture, Inc., a Florida corporation. The term “Real Property” as used herein refers to the real property situated in Orange County, Florida described on the preceding Exhibit “A”.
Accounts: All Debtor's “accounts” as such term is defined in the Uniform Commercial Code in effect from time to time in the state of Florida and all other accounts and accounts receivable of Debtor, including, without limitation, all accounts receivable derived from the sale of “inventory” or “Farm products” as such terms are defined in the Uniform Commercial Code in effect from time to time in the state of Florida and whether occurring in the ordinary course of business or otherwise, whether now owned or hereafter acquired by the Debtor, and further including, without limitation, all accounts receivable, contract rights, notes, bills, acceptances, choses in action, chattel paper, instruments, documents and other forms of obligations at any time owing to the Debtor, the proceeds thereof, whether liquidated in the ordinary course of business or otherwise, including, without limitation, all of the Debtor's rights with respect to any goods represented thereby, whether or not delivered, goods returned by customers and all rights as an unpaid vendor or lienor, including rights of stoppage in transit and of recovering possession by proceedings, including replevin and reclamation (the “Accounts”);
AND
Inventory: All the Debtor's “inventory” as such term is defined in the Uniform Commercial Code in effect from time to time in the state of Florida and all other inventory of Debtor, including, without limitation, products, supplies and raw and other materials incorporated or to be incorporated into any inventory (the “Inventory”);
AND
Fixtures and Equipment: All the Debtor's “Fixtures” and “Equipment” as such terms are defined in the Uniform Commercial Code in effect from time to time in the state of Florida and all other fixtures and equipment of Debtor, including, without limitation, all fixtures and equipment of Debtor, located on, attached to, or used or useful in connection with Debtor's business operations conducted upon the Real Property whether heretofore or hereafter acquired and all additions, and the like, and any and all property similar to that described in this paragraph which may be any time hereafter by acquired b y debtor(s) or any of them, provided however that any and all rolling stock is specifically excepted from this collateral description (the “Fixtures and Equipment”);
AND
Improvements: All buildings, structures, betterments and other improvements of any nature now or hereafter existing, erected or placed on the Real Property or in any way used in connection with the use, enjoyment, occupancy or operation of the Real Property, regardless of whether physically affixed thereto or severed or capable of severance therefrom; and all fixtures and other articles of every kind and nature whatsoever, now or hereafter owned by the Debtors and us or procured for use in connection with the operation and maintenance of the Real Property (the “Improvements”).
AND
Appurtenances: The benefit of all easements and other rights of any nature whatsoever, appurtenant, to the Real Property or the Improvements, or both, the benefit of all rights-of-ways, strips and gores of land, streets, alleyways, passages, drainage rights, sanitary sewer and potable water rights, storm water drainage rights, rights of ingress and egress to the Real Property and all adjoining property, and any Improvements 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”).
AND
Tangible Personal Property: All Tangible personal property of any kind or nature whatsoever, whether or not any of such tangible personal property is now or becomes a “fixture” or attaches to the Real Property, which is used or will be used in construction of, or is or will be placed upon, or is derived from or used in connection with, the Maintenance, use, occupancy or enjoyment of the Real Property, including, without limitation, all signs and displays; all irrigation equipment; including, but not limited to pipes, pumps, motors, wells and the like; 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 systems; all boilers, furnaces, oil burners, vacuum cleaning systems, elevators and escalators; 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; and all additions, excisions, renewals, replacements and substations of any of the forgoing, but excluding motor vehicles, tractors, trailers and rolling stock (the “Tangible Personal Property”).
AND
Trademarks: All Right, title and interest of Debtors in and to all tradenames now or hereafter used in connection with the operation of the Real Property and all related marks, logos and insignia (the “Trademarks”).
AND
General Intangibles: All the Debtor's “general intangibles” as such term is defined in the Uniform Commercial Code in effect from time to time in the state of Florida, whether now in existence or hereafter created, which relate to any Accounts, Inventory, or Farm Products, including without limitation all customer lists, books and records, ledger and account cards, computer tapes, disks, printouts and records, contracts, written or oral, express or implied in any manner and including any and all deposits, prepaid items, and payments due and to become due thereunder; but reserving to the Debtor the use and benefit of all such contracts, deposits, prepaid items, payments and proceeds unless and until the occurrence of an Event of Default under this instrument (the “Intangibles”).
Proceeds: All proceeds of the conversion, voluntary or involuntary, of any of the Collateral, into cash or other liquidated claims, or that are otherwise payable for injury to or the taking or requisitioning of any such property, including all judgments, settlements and insurance and condemnation proceeds (the “Proceeds”).
Products: All products of the foregoing (the “Products”).
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.
AMERICANS WITH DISABILITIES ACT. 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 ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, 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 to reach the Telecommunications Relay Service.
Janelle L. Esposito, Esquire
FBN 0035631
Patrick G. Bryant, Esquire
FBN 0060287
Attorneys for Farm Credit of Central Florida, ACA
GREENE HAMRICK QUINLAN SCHERMER & ESPOSITO, P.A.
P.O. Box 551,
Bradenton, Florida 34206
(941) 747-1871 941) 747-2991 (Fax)
[email protected]
[email protected]
May 16, 23, 2013 13-03042W