-
-
Loading
Loading
FIRST INSERTION
NOTICE OF SALE
PURSUANT TO CHAPTER 45
OF THE FLORIDA STATUTES
IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY,
FLORIDA
Case No: 2009-CA-019990-NC
PNC BANK, NATIONAL
ASSOCIATION, successor to RBC BANK (USA) f/k/a RBC
CENTURA BANK, a North Carolina Banking Corporation,
Plaintiff, v.
NITESH PATEL; SEJAL PATEL;
PRISM CONTRACTORS, INC., a Florida Corporation and E & H FUNDING, LLC, A Florida Limited Liability Company
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Consent Final Judgment of Foreclosure dated the 10th day of June, 2013, and the Agreed Order Granting Plaintiff's Motion to Cancel foreclosure Sale on September 9, 2013 and Reschedule Foreclosure Sale and entered in Case No. 2009-CA-019990-NC of the Circuit Court in and for Sarasota County, Florida, wherein PNC BANK, NATIONAL ASSOCIATION, successor to RBC BANK (USA) f/k/a RBC CENTURA BANK, a North Carolina Banking Corporation, is the Plaintiff, and NITESH PATEL, SEJAL PATEL, PRISM CONTRACTORS, INC., a Florida corporation, and E & H FUNDING, LLC, a Florida limited liability company, are Defendants, that the Clerk of the Court, KAREN E. RUSHING, will sell to the highest and best bidder for cash via internet at www.sarasota.realforeclose.com at 9:00 a.m. on JANUARY 6, 2014, the following described property as set forth in said Final Judgment of Foreclosure, to wit:
That part of the North 730 feet of the Northeast Quarter of the Southwest Quarter of section 1, Township 36 South, Range 17 East, lying East of Tamiami Trail, less the North 480 feet thereof, all lying and being in Sarasota County, Florida.
-and-
All property described in Exhibit “A” attached hereto located or within the real property described in Exhibit “B” attached hereto or used in connection with Defendant debtor's business, wherever located.
EXHIBIT “A”
STATE OF FLORIDA
UNIFORM COMMERCIAL CODE-FINANCING STATEMENT COLLATERAL DESCRIPTION
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property described in Exhibit “B” (hereafter referred to as the “Property”) and including all trade, domestic and ornament fixtures and articles of personal property of every kind and nature whatsoever, now or hereafter located in, upon or under the Property now owned or hereafter acquired by Debtor, including but not limited to all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps, tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating, and communications apparatus; boilers, ranges, 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; 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, wall board, 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 accessions thereto and replacements thereof.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located in, upon or under the Property, including but not limited to all water mains, service laterals, hydrants, valves and appurtenances, and all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All of Debtors rights, title and interest in and to the materials, soil, flowers, shrubs, crops, tree, timber and other emblements now or hereafter in, upon or under the Property.
All paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Property.
All of Debtor's interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by Debtor during the life of the security agreements or any extension or renewal thereof, together with all rents and payments in lieu of rents, together with any and all guaranties of such leases or rental arrangements and including all present and future security deposits and advance rentals, and any and all assignments of rent with respect to the Property or any part thereof.
Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise or the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of or decrease in the value of the Property described in Exhibit “B” or in this exhibit.
All of Debtors right, title and interest 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 security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property described in Exhibit “B” or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon or operation of the property, and all of Debtor's right, title and interest in and to any and all governmental licenses, permits, approvals, allocations and similar matters and documents obtained or to be obtained in connection with said development, construction and operation of the Property.
All of Debtor's right, title and interest in and to any trade names, names of businesses or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Exhibit “B” property.
All of Debtor's interest in all utility security deposits or bonds with respect to the Exhibit “B” property or any part or parcel thereof.
EXHIBIT “B”
That part of the North 730 feet of the Northeast Quarter of the Southwest Quarter of Section 1, Township 36 South, Range 17 east, lying East of Tamiami Trail, less the North 480 feet thereof, all lying and being in Sarasota County, Florida.
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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, 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 at Sarasota County, Florida, on this 22 day of November, 2013.
By: /s/ Edmund O. Loos III
EDMUND O. LOOS III, ESQ.
Florida Bar No. 899161
GREENSPOON MARDER, P.A.
Capital Plaza I, Suite 500
201 East Pine Street
Orlando, Florida 32801
Telephone: (407) 425-6559
Facsimile: (407) 563-9665
Attorney for Plaintiff
Nov. 29; Dec. 6, 2013 13-05670S