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AMENDED NOTICE OF SALE IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
CASE NO. 2011-CA-015114-O
RBC BANK USA; PNC BANK NATIONAL ASSOCIATION,
Plaintiff vs.
TURNPIKE SERVICE, INC.; RUBENS P. TADDEI and MARCELO L. TADDEI,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Final Summary Judgment of Mortgage Foreclosure in Favor of RBC entered on January 11, 2012 and the Order Rescheduling Foreclosure Sale entered on October 15, 2014 in Case No. 2011-CA-015114-O, in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, the Clerk of the Court will sell to the highest and best bidder for cash on December 2, 2014, at the hour of 11:00 A.M., at an on-line sale at https://myorangeclerk.realforeclosure.com the property described as follows:
Real Property
That certain piece, parcel or tract of tract of land lying, being and situate in Orange County, Florida and being more particularly described as follows:
Commence at the Southeast corner of Lot 124, PROSPER COLONY, as recorded in Plat Book D, Page 108, Public Records of Orange County, Florida; run thence North 10 feet; thence West 12.9 feet for a Point of Beginning; thence continue West 200 feet along the North line of Landstreet Road to the Easterly Right-of-Way of Highways No. 17-92-441; run thence along said Right-of-Way North 8°33' East 202.24 feet; thence East 200 feet; thence South 8°33' West 202.24 feet to the Point of Beginning. Being a part of Lots 123 and 124, Block “E” of PROSPER COLONY. Less and except that portion conveyed to the State of Florida Department of Transportation in Order of Taking, filed September 14, 1995, in OR Book 4944, Page 2807, Public Records of Orange County, Florida.
together with all improvements, tenements, hereditaments and appurtenances pertaining thereto.
Personal Property
This Financing Statement covers the following types and items of property.
(a) Improvements. All buildings, structures, betterments, and other improvements of any nature now or hereafter situated in whole or in part upon the lands in Orange County, Florida, described in Exhibit “B” attached (the “Land”), regardless of whether physically affixed thereto or severed or capable of severance therefrom (the “Improvements”).
(b) Appurtenances. The benefit of all easements and other rights of any nature whatsoever appurtenant to the Land or the Improvements, or both, and all rights, sewer rights, and rights of ingress and egress to the Land, and all adjoining property, 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.
(c) Tangible Property. All of Debtor's interest in all fixtures, equipment and tangible personal property of any nature whatsoever now or hereafter (i) attached, or affixed to the Land or the Improvements, or both, or (ii) situated upon or about the Land or the Improvements, or both, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (iii) regardless of where situated, used, useable, or intended to be used in connection with any present or future use or operation of or upon the Land. The foregoing includes: 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 apparatus; 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 and carpets; all laundry equipment; all building materials; all furniture, furnishings, office equipment and office supplies; and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing (the “Tangible Property”).
(d) Incomes. All rents, issues, incomes and profits in any manner arising from the Land, Improvements or Tangible Property, or any combination, including Debtor's interest in and to all leases, licenses, franchises and concessions of, or relating to, all or any portion of the Land, Improvements or Tangible Property, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations. The foregoing items are jointly and severally called the “Rents” in this instrument.
(e) Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property described in this paragraph 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 insurance and condemnation proceeds.
(f) Contract Rights and Accounts. All of Debtor's right, title and interest in and to any and all contracts, written or oral, expressed or implied, now existing or hereafter entered into or arising, in any manner related to, the improvements, use, operation, sale, conversion or other disposition of any interest in the Land, Improvements, Tangible Property or the Rents, or any combination, including any and all deposits, prepaid items, and payments due and to become due thereunder, and including construction contracts, service contracts, advertising contracts, purchase orders and equipment leases.
(g) Licenses and Permits. All licenses, permits, approvals, certificates, agreements and prepaid impact fees with or from all boards, agencies, departments, governmental or otherwise, relating directly or indirectly to the ownership, use, operation and maintenance of the Property, the Project or the construction and improvement of the Project, whether heretofore or hereafter issued or executed (collectively, the “Licenses”), said boards, agencies, departments, governmental or otherwise being hereinafter collectively referred to as “Governmental Authorities.”
(h) Name. All right, title and interest of Debtor in and all trade names hereafter used in connection with the operation of the Land, and all related marks, logos and insignia.
(i) Other Tangibles. All contract rights, accounts, instruments and general intangibles, as such terms from time to time are defined in the Florida Uniform Commercial Code, in any manner related to the use, operation, sale, conversion or other disposition (voluntary or involuntary) of the Land, Improvements, Tangible Property or Rents, including all permits, licenses, insurance policies, rights of action, and other choses in action.
(j) Inventory. All inventory including replacements and substitutions.
(k) Accounts Receivable and Business Assets. All Accounts Receivable and Business Assets of Debtor of every description, whether now or hereafter existing or acquired; evidencing any obligation to Debtor for payment for goods sold or leased or services rendered and all proceeds and products thereof, including but not limited to all accounts receivable arising therefrom and all proceeds thereof; all interest of Debtor in any goods, the sale of which shall have given or shall give rise to any of the foregoing; all proceeds, accessories, parts & equipment now or hereafter affixed or used.
(l) Bank Accounts. Any and all bank accounts, monies or other assets of the Debtor which are opened at or in the possession of the Lender.
(m) Construction Materials. All lumber, concrete block, drywall, sheet rock, concrete, roof trusses, beams, joists, or any other personal property used or intended to be used in connection with the construction of any Improvements on the Land or any of such items of personal property which are intended to be incorporated into the Land as an Improvement thereon.
(n) Sewer Fees. All sewer capacity reservation fees and/or reserved sewer capacity, all of which may benefit the premises.
(o) Plans. Any and all plans, specifications, permits, including building permits, licenses, fees, architectural drawings or renderings, surveys and plats associated with the construction of any proposed improvements to the Premises
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 sixty (60) days after the sale.
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.
Dated this 20th day of October 2014.
Ronald D. Edwards, Jr.
Florida Bar No. 0053233
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 North Eola Drive
Post Office Box 2809
Orlando, Florida 32802-2809
Phone: (407) 843-4600
Facsimile: (407) 843-4444
[email protected]
[email protected]
[email protected]
Attorneys for Rockledge Acquisitions, LLC
October 23, 30, 2014 14-05274W