15-00947T

NOTICE OF SALE
IN THE TWENTIETH JUDICIAL CIRCUIT COURT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 2013-003256-CA
AC MAGNUM CORAL LLC,
a Delaware limited liability company
Plaintiff, v.
FLORIDA CRI, INC., a Florida corporation et. al.;
Defendants.
NOTICE IS HEREBY GIVEN that on November 18, 2015 at 11:00 am at www.charlotte.realforeclose.com, the Clerk of this Court will offer for sale to the highest bidder for cash in accordance with Section 45.031, Florida Statutes, the following real and personal property, situated and being in Charlotte County, Florida, more particularly described as:
SEE ATTACHED EXHIBIT A - REAL PROPERTY

Parcel 1 (Legal # 1)

EXHIBIT A -
REAL PROPERTY
Parcel 1 (Legal #1)

The North half of Section 25;

The North half of Section 26, LESS AND EXCEPTING: A parcel of land lying in the North half of Section 26, Township 42 South, Range 25 East, Charlotte County, Florida, and being more particularly described as follows:

The West 50.00 feet of the East 830.00 feet of said North half of Section 26, less the South 1740.00 feet and Cook-Brown Road on the North (50.00 feet right-of-way including future dedications, if any) and the West 800.00 feet of the East 1205.00 feet of the North 600.00 feet of the South 1740.00 feet of the North half of Section 26, Township 42 South, Range 25 East, Charlotte County, Florida.

The East 1650 feet of the Northeast quarter of Section 27, less the North 50 feet thereof for road right-of-way;

All being in Township 42 South, Range 25 East, Charlotte County, Florida.

Parcel 1 (Legal #2)

The East one third of the following described property: The Northeast quarter of Section 27, Township 42 South, Range 25 East, Charlotte County, Florida, LESS the East 1650 feet thereof and LESS the Northerly 50 feet thereof for roadway purposes.

Parcel 2

The Northwest 1/4 of Section 27, less the North 50 feet thereof for road right-of-way, and the Southwest 1/4 of Section 27, Township 42 South, Range 25 East and the East 50 feet of the West 1/2 of Section 34, Township 42 South, Range 25 East, Charlotte County, Florida; AND the North 707.78 feet of the West 1/2 of the West 1/2 of the Northeast 1/4 of Section 27, Township 42 South, Range 25 East, Charlotte County, Florida, less the Northerly 50 feet thereof for roadway purposes, and also less the East 50 feet thereof for road and utility purposes; TOGETHER WITH the West 295.16 feet of the South 295.16 feet of the North 1002.93 feet of the West 1/2 of the West 1/2 of the Northeast 1/4 of said Section 27, Township 42 South, Range 25 East, Charlotte County, Florida.

Parcel 3

All of Section 28, Township 42 South, Range 25 East; Less and Except the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 thereof, of the Public Records of Charlotte County, Florida.

SEE ATTACHED EXHIBIT B - PERSONAL PROPERTY

EXHIBIT B -
PERSONAL PROPERTY

All property rights of any kind whatsoever, whether personal, mixed, or otherwise, which encompass accounts, including any demand time, savings, passbook, certificate of deposit or like account maintained by any bank, savings bank, credit union or like organization, general intangibles, equipment and inventory, which are located at, or which are used in connection with or arise out of the conduct of the Debtors business (herein referred to as “Mortgagors”) related to that certain parcel or real estate located in Charlotte County, Florida, and legally described as follows (the “Property”):

See Exhibit A attached hereto as though fully rewritten herein including the following:

(a) All buildings, structures and other improvements now or hereafter located on, above, or below the surface of the Property, or any part and parcel thereof.

(b) All right, title and interest of Mortgagors in and to the minerals, soil, flowers, shrubs, fruits, crops, trees, timber and other emblements now growing or hereafter planted, grown or produced and all fixtures and improvements thereto on said property or under or above the same or any part or parcel thereof.

(c) All and singular the tenements, hereditaments, easements, gores of land, riparian, and littoral rights, and appurtenances thereunto belong or in anywise appertaining, whether now owned or hereafter acquired by Mortgagors, and including all rights of ingress and egress to and from adjoining property (whether such rights now exist or subsequently arise), together with the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, claim and demand whatsoever of Mortgagor of, in, and to the same, and of, in, and to every part and parcel thereof.

(d) All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to said Property, and including all trade, domestic and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called “Equipment”), now or hereafter located in, upon, or under said Property or any part thereof and used or usable in connection with any present or future operation of said Property and now owned or hereafter acquired by Mortgagor, including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines, pipes; pumps; irrigation equipment, wells, tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, rangers, 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, wallboard, 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 accessories thereto and replacements thereof (Mortgagor hereby agreeing with respect to all additions and replacements to execute and deliver from time to time such further instruments as may be requested by Mortgagee to confirm the conveyance, transfer and assignment of any of the foregoing).

(e) All of the water, sanitary, and storm sewer systems now or hereafter owned by the Mortgagors which are now or hereafter located by, over, and upon the Property hereinbefore described, or any part and parcel thereof, and which water system Includes all water mains, service laterals, hydrants, valves, and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes, and appurtenances.

(f) All right, title and interest of Mortgagors in and to the land lying in the bed of any street, road, or avenue, opened or proposed, in front of or adjoining the Property and in and to the appurtenances thereto.

(g) All paving for streets, roads, walkways, or entranceways now or hereafter owned by Mortgagors and which are now or hereafter located on the Property or serve the Property or any part or parcel thereof.

(h) The common elements appurtenant to any parcel, unit, or lot which is all or part of the Property.

(i) Mortgagors' interest as lessor in and to all leases of the Property, or any part thereof, heretofore made and entered into, and in and to all leases hereafter made and entered into by Mortgagors during the term of this Mortgage or any extension or renewal hereof, together with any and all guarantees thereof and including, without limitation, all present and future cash or securities, security deposited thereunder to secure performance by the lessees of their obligations thereunder, regardless of how said cash or securities are to be held by Mortgagors pursuant to the terms of such leases, and advance rentals, reserving to Mortgagors its equity of redemption rights therein, provided and hereby intending that in case of foreclosure sale, the Mortgagor's interest in any such leases then in force shall, upon expiration of Mortgagors' rights of redemption, pass to the purchaser at such sales a part of the Property; subject to election by the purchaser to terminate or enforce any of such leases hereafter made.

(j) All judgments, awards of damages, and payments, including interest thereon, and the right to receive the same, which may be made with respect to the Property as a result of (i) the exercise of the right of eminent domain; (ii) the alteration of the grade of any street; or (iii) any other injury to, taking of, or decrease in the value of, the Property, to the extent of all amounts which may be secured by this Mortgage at the date of receipt of any such award or payment by Mortgagee and of the reasonable attorneys' fees, costs, and disbursements incurred by Mortgagee in connection with the collection of such judgment, award, or payment, and Mortgagors agrees to execute and deliver, from time to time, such further instruments as may be requested by Mortgagee to confirm such assignment to Mortgagee of any such judgment, award, or payment. Mortgagee is hereby authorized on behalf and in the name of Mortgagors to execute and deliver valid acquittance for, and to appeal from, any such judgments or awards. Mortgagee may apply all such sums or any part thereof so received, after the payment of all its expenses, including costs and attorneys' fees, on the indebtedness secured hereby in such manner as it elects, or at its option, the entire amount or any part thereof so received may be released.

(k) All of the right, title and interest of the Mortgagors 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 this Mortgage, and all proceeds or sums payable for the loss or damage to (i) any property encumbered hereby; or (ii) rents, revenues, income, profits, or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.

(l) All of the right, title and interest of the Mortgagors in and to any trade names, names of businesses or fictitious names, licenses, including but not limited to occupational and liquor licenses, permits, site plans, development agreements, and governmental approvals, if any, now or hereafter used in conjunction with the development of the Property or operation of any business or endeavor located on the Property.

(m) All of the Mortgagors' interest in all utility security deposits or bonds deposited in connection with the Property.

(n) All of the Mortgagors' Interest in and to any and all contracts or agreements for the sale of the Property, or any part thereof or any interest therein, whether now existing or arising hereafter, and any and all deposits or payments of money arising out of or relating to said contracts or agreements.

(o) All existing and after-acquired furniture, fixtures, and equipment, including, but not limited to, all pool and patio furniture, computer systems, phone systems, furnishings, art work, televisions, maintenance equipment, restaurant equipment, laundry equipment, vacuum cleaners, and ice machines.
The aforesaid sale will be made pursuant to the Final Foreclosure Judgment entered in Civil No. 2013-003256-CA now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Charlotte 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.
NOTICE TO PERSONS
WITH DISABILITIES
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 the form below, in another written format, or orally. Please complete the form below (choose the form for the county where the accommodation is being requested) and return it as far in advance as possible, but preferably at least seven (7) days before your scheduled court appearance or other court activity. Please see contact information below and select the contract from the county where accommodation is being requested.
To download the correct Accommodation form, please choose the County your court proceeding or other court service, program or activity covered by Title II of the Americans with Disabilities Act is in so we can route your request to the appropriate contact:
ï‚· Charlotte County http://www.ca.cjis20.org/home/main/adarequest.asp
ï‚· Collier County http://www.ca.cjis20.org/home/main/adarequest.asp
ï‚· Hendry County http://www.ca.cjis20.org/home/main/adarequest.asp
ï‚· Glades County http://www.ca.cjis20.org/home/main/adarequest.asp
Dated this 6 day of October, 2015.
BARBARA T. SCOTT
Clerk of the Court
(SEAL) By: Kristy S.
As Deputy Clerk
Burr & Forman LLP
200 S. Orange Avenue,
Suite 800
Orlando, FL 32801
October 9, 16, 2015 15-00947T

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