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FIRST INSERTION
NOTICE OF DISPOSITION
OF COLLATERAL
ECP RIDGE LLC (the “Secured Party”), pursuant to Article 9 of the Uniform Commercial Code (“UCC”), Southwest Florida Regional Imaging II L.L.C (the “Debtor”) having defaulted on its obligations to the Secured Party, will offer for sale, lease and/or license the property described below (the “Collateral”) to the highest qualified bidder for cash at a public auction in full or partial satisfaction of the Debtor's obligations.
ABOUT THE DEBTOR: The Debtor is a Punta Gorda, Florida, based medical imaging office. Certain assets related to these activities are included among the Collateral being sold at public auction.
DATE OF PUBLIC AUCTION: Friday, December 12, 2014 at 10:00 A.M. Eastern Time (the “Auction Date”).
PLACE OF PUBLIC AUCTION:
Amber Diagnostics, Inc.
2180 Premier Row
Orlando, FL 32809
(the “Auction Location”)
COLLATERAL SUBJECT TO AUCTION SALE IS DESCRIBED AS FOLLOWS:
All equipment belonging to the Debtor.
A DETAILED LIST OF SPECIFIC COLLATERAL SUBJECT TO THE AUCTION SALE IS AVAILABLE UPON REQUEST.
TERMS OF SALE
GENERAL TERMS - The Secured Party reserves the right to (a) offer the Collateral as a whole, in parcels, or in any other commercially reasonable manner, (b) reject any bids, (c) postpone or adjourn the sale to such other time or times as the Secured Party may deem proper, or (d) elect not to proceed with the sale. Any bidder wishing to examine the Collateral may do so at the Auction Location beginning on December 11, 2014 at 10:00 A.M. Eastern Time. Additional terms or conditions may be announced on the Auction Date.
DEPOSIT - In order to qualify to bid, all potential bidders must present for inspection by the auctioneer conducting the sale a $25,000.00 deposit in the form of an official bank check or otherwise immediately available funds, and (ii) such additional documentation as is required by the Secured Party, in its sole discretion, with respect to the payment of the remainder of the purchase price. Successful bidders must deliver the deposit to the Secured Party's authorized agent immediately upon acceptance of bidder's bid.
PAYMENT - CASH. The auction shall be to the highest qualified bidder for cash (or on terms acceptable to Secured Party in its sole discretion). Payment shall be made on the Auction Date by cash, certified or cashier's check or in accordance with terms acceptable to the Secured Party, in its sole discretion. The Secured Party may bid in all or a portion of the amounts owed by the Debtor to the Secured Party in payment for the Collateral.
SETTLEMENT - Settlement on all purchases of Collateral shall occur at the Auction Location no later than ten (10) calendar days after the Auction Date. All costs of conveyancing shall be paid by the successful bidder. The Collateral shall be transferred by bill of sale without warranty. If settlement does not occur within ten (10) calendar days after the Auction Date, then the Secured Party may retain the deposit, treat the sale as canceled and resell the Collateral. The successful bidder shall bear the responsibility to secure possession of the property purchased after settlement. The proceeds from sale of the Collateral will be applied against the Debtor's obligations to Secured Party in accordance with the Security Agreement and the UCC.
ALL WARRANTIES DISCLAIMED - Sale of the Collateral is made “AS IS” without any warranties of any kind or representations by, or recourse on the Secured Party. Sale is being made subject to any and all rights, defects, liens, encumbrances or adverse claims of whatever nature, that are superior to the lien of the Security Agreement. There is no warranty of title, possession, quiet enjoyment, or the like in this disposition.
For questions relating solely to the auction sale described above, please call Jeremy S. Friedberg at (410) 581-7400.
Nov. 28; Dec. 5, 2014 14-01190T