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NOTICE OF SALE PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT IN AND FOR ORANGE COUNTY,
FLORIDA
CIVIL DIVISION
Case No.
14-CA-8602-O
regions bank
Plaintiff, v.
duque law firm, llc.; the village at hunters creek building “k” commercial condominium association, inc.; hunter's creek community association, inc.; hunter's creek town center property owner's association, inc.; nona investors, llc.; luis alfonso pinto; premium international realty, llc.; and john/jane doe,
Defendants.
Notice is given that pursuant to a Consent Final Judgment of Foreclosure dated October 6, 2014, entered in Case No. 14-CA-8602-O of the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, in which REGIONS BANK is the Plaintiff, and DUQUE LAW FIRM, LLC, THE VILLAGE AT HUNTERS CREEK BUILDING “K” COMMERCIAL CONDOMINIUM ASSOCIATION, INC., HUNTER'S CREEK COMMUNITY ASSOCIATION, INC., HUNTER'S CREEK TOWN CENTER PROPERTY OWNER'S ASSOCIATION, INC., NONA INVESTORS, LLC., LUIS ALFONSO PINTO, and PREMIUM INTERNATIONAL REALTY, LLC., are the Defendants, the Clerk of the Circuit Court will sell to the highest and best bidder for cash at www.myorangeclerk.realforeclose.com at 11:00 a.m. on November 25, 2014, the following-described property set forth in said Final Judgment of Foreclosure:
unit k-200 of the village at hunters creek building “k” commercial condominium, a condominium, according to the declaration of condominium recorded in o.r. book 9359, page 2488, and all exhibits and amendments thereof, public records of orange county, florida.
and
the personal property of the borrower as more particularly described in exhibit 'a' attached hereto.
exhibit “A”
(a) Improvements. All building, 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 the UCC-1, (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, usable, 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”). This paragraph is not intended to grant a security interest in the Debtor's inventory, if any.
(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 improvement, 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) 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.
(h) Other Intangibles. 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 chosen in action.
(i) 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.
(j) Sewer Fees. All sewer capacity reservation fees and/or reserved sewer capacity, all of which may benefit the premises.
(k) 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.
As used in this Schedule the term “include” is for illustrative purposes only and is always without limitation.
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.
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 ADA Coordinator, Court Administration at 425 N. Orange Avenue, Room 2130, Orlando, Florida 32801, Telephone: (407) 836-2303 within seven (7) days of your receipt of this notification; If you are hearing or voice impaired, call 1-800-955-8771.
Dated: October 22, 2014.
By: Ronald B. Cohn
Florida Bar No. 599786
ARNSTEIN & LEHR, LLP
302 Knights Run Avenue, Suite 1100
Tampa, Florida 33602
Phone: (813) 254-1400
Facsimile: (813) 254-5324
Primary E-mail Address:
[email protected]
Secondary E-mail Addresses:
[email protected] and
[email protected]
Attorneys for Plaintiff
Oct. 30; Nov. 6, 201414-05323W