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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT, TWENTIETH JUDICIAL CIRCUIT, IN AND FOR
COLLIER COUNTY, FLORIDA
CASE NO.: 12-CA-4472
EVERBANK,1
Plaintiff, vs.
CUJUN, LLC, a Florida limited
liability company, RAUL E.
GUERRA, JONATHAN GUERRA, J.A.G. TILE & MARBLE, INC., a Florida corporation, RAIL HEAD INDUSTRIAL PARK OWNERS' ASSOCIATION, INC., A Florida nonprofit corporation, and
UNKNOWN TENANTS IN
POSSESSION OF 1479 RAIL Head Boulevard, Naples, Florida
34110-8444,
Defendants.
Notice is hereby given that, pursuant to a Partial Summary Judgment of Foreclosure as to Count I in the above-captioned action, I will sell the property situated in Collier County, Florida, described as follows:
SEE EXHIBIT “A”
ATTACHED HERETO.
LOT 13, RAILHEAD INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18, PAGES 101 AND 102, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
And
All fixtures, machinery, equipment, furniture and other personal property of every nature whatsoever now or hereafter owned by Borrower/Mortgagor and located in, on, or used or intended to be used in connection with or with the operation of the Land, buildings, structures or other improvements, including all extensions, additions, improvements, betterments, renewals, and replacements to any of the foregoing, and all of the right, title and interest of the Borrower/Mortgagor in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by Borrower/Mortgagor or on its behalf. (The defined terms herein shall have the same meaning as set forth within Plaintiff's Complaint). (the “Property”).
And
ALL INTANGIBLES, RAW MATERIALS, GOODS IN PROCESS, FINISHED GOODS, MACHINES, MACHINERY, INVENTORY, FURNITURE, FURNISHINGS, FIXTURES, VEHICLES, EQUIPMENT, ACCOUNTS RECEIVABLE, BOOK DEBTS, DEPOSITS, LEASES, NOTES, CHATTEL PAPER, ACCEPTANCES, REBATES, INCENTIVE PAYMENTS, DRAFTS, CONTRACTS, CONTRACT RIGHTS, CHOSES IN ACTION, AND GENERAL INTANGIBLES, WHETHER NOW OWNED OR HEREAFTER ACQUIRED, AND ALL ATTACHMENTS, ACCESSIONS AND ADDITIONS THERETO, SUBSTITUTIONS, ACCESSORIES, AND EQUIPMENT THEREFOR, AND REPLACEMENTS AND PROCEEDS, NOW OR HEREAFTER LOCATED ON OR IN ANY WAY AFFILIATED WITH THE PREMISES DESCRIBED ON EXHIBIT “A” ATTACHED HERETO OR ANY IMPROVEMENTS TO BE LOCATED THEREON.
TOGETHER WITH:
EXHIBIT “A”
a. All rents, income, issues, proceeds and profits of the Debtor, and any and all leases of which the Debtor is the Lessor, with all extensions, renewals, amendments, and other modifications or replacements thereof, and any and all guaranties of the lessees' obligations under any provisions thereof (any such leases or obligations being hereinafter referred to collectively as the “Leases”), together with all rents, income, issues, proceeds, and profits which may inure to the benefit of Debtor from or as a result of such Leases;
b. All accounts, accounts receivable, contract rights, instruments, documents, chattel paper, and general intangibles (including without limitation, choses in action, tax refunds, and insurance proceeds), all other obligations or indebtedness owed to Debtor from whatever source arising; all rights of Debtor to receive any payments in money or in kind, all cash or non-cash proceeds of any of the foregoing, all guaranties of the foregoing and security therefor, all of the right, title, and interest of Debtor in and with respect to the goods, services, or other property that gave rise to or that secures any of the foregoing and insurance policies and proceeds relating thereto, all of the rights of Debtor as an unpaid seller of goods or services, including, without limitation, the rights of stoppage in transit, replevin, reclamation, and resale, and all of the foregoing, whether now existing or hereinafter created or acquired;
c. All goods, merchandise, inventory, and other personal property now owned or hereafter acquired by Debtor that are held for sale or lease, or are furnished or to be furnished under any contract of service or are raw materials, work in process, supplies, or materials used or consumed in Debtor's business, and all products thereof and parts therefor, and all substitutions, replacements, additions or accessions therefor and thereto;
d. All cash or non-cash proceeds of all of the foregoing, including insurance proceeds;
e. Any present or future deposit accounts of Debtor with Secured Party;
f. All ledger sheets, files, records, documents, and instruments (including, without limitation, computer programs, tapes, and related electronic data processing software) evidencing or relating to any of the above;
g. All machinery, equipment, furniture, furnishings, and fixtures of Debtor (including automotive equipment) now owned or hereafter acquired by Debtor and used or acquired for use in the business of Debtor, together with all accessions thereto and all substitutions and replacements thereof and parts and appurtenances therefor and thereto, and all cash or non-cash proceeds thereof; and h. All instruments, documents, securities, cash, property, and the proceeds of any of the foregoing owned by Debtor or in which Debtor has an interest, which now or hereafter are at any time in the possession or control of Secured Party or in transit by mail or carrier to Secured Party, without regard to whether Secured Party received the same in pledge, for safekeeping as agent, for collection, transmission, or otherwise, or whether Secured Party had conditionally released the same.
*The terms “Borrower” and “Debtor” shall be interchangeable for all purposes relating hereto.
at public sale, to the highest and best bidder for cash, in the lobby of the third floor of the Courthouse Annex, Collier County Courthouse, 3315 Tamiami Trail East, Naples, Florida 34112-5324, on the 13 day of August, 2014, at 11:00 a.m., pursuant to the terms of the Partial Summary Judgment of Foreclosure as to Count I and in accordance with Section 45.031, Florida Statutes. 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.
RIGHT TO AN ACCOMMODATION
If you are an individual with a disability who needs an accommodation in order to participate in a court proceeding or other court service, program, or activity, you are entitled, at no cost to you, to the provision of certain assistance. Requests for accommodations may be presented on this form, in another written format, or orally. Please complete the form on the internet and return it to [email protected] as far in advance as possible, but preferably at least seven (7) days before your scheduled court appearance or other court activity.
Dated this 23 day of July, 2014.
DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
(SEAL) By: Maria Stocking
Deputy Clerk
1 Pine Portfolio, LLC was substituted as party plaintiff pursuant to this Court's March 26, 2014 Order.
JAX1872495_1
Jul. 25; Aug. 1, 2014 14-01948C