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NOTICE OF SALE BY
SPECIAL MASTER
IN THE CIRCUIT COURT
OF THE NINTH JUDICIAL
CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 2013-CA-008013-O
Branch Banking And Trust Company, a North Carolina banking corporation,
Plaintiff, v.
Lodema Development LLC, an inactive Florida limited liability company; Lodema Partners, LLC, a Florida limited liability company; Marshall Lake Business Center, LLC, an inactive Florida limited liability company; Morgan K. Wiseman, an individual; City of Apopka, Florida, a municipality; Unknown Tenant; and Any And All Others Claiming By, Through Or Under Said Defendants,
Defendants.
NOTICE is hereby given that, pursuant to the Amended Final Judgment of Foreclosure entered on August 4, 2016 in the above-referenced matter pending in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, and recorded as Instrument Number 20160404970 in the Official Records of Orange County, Florida, the Court Appointed Special Master, Walter Driggers of Tranzon Diggers, will sell the property situated in Orange County, Florida and described on Exhibit A, attached hereto and incorporated herein, at public sale, to the highest and best bidder for cash, except as set forth hereinafter, on September 7, 2016, beginning at 11:00 a.m. at an auction to be conducted at 150 South Bradshaw Road, Apopka, Florida 32703.
All interested parties must comply with the conditions of sale to be found in the Amended Final Judgment of Foreclosure available at the Special Master's website, www.tranzon.com.
EXHIBIT A
THE PROPERTY
THE EAST 1/4 OF BLOCK D, BRADSHAW AND THOMPSONS'S ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, PAGE 25, OF THE PUBLIC RECORDS OF ORANGE COUNTY, LESS THE NORTH 50 FEET OF THE SOUTH 88 FEET OF THE EAST 50 FEET THEREOF;
and
THE NORTH 1/2 OF WEST 1/2 OF EAST 1/2 OF BLOCK D, BRADSHAW AND THOMPSON'S ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, PAGE 25, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LESS THE WEST 90 FEET OF THE NORTH 470 FEET THEREOF.
The real property described above shall be known as the “Land” within this Exhibit A.
Together with all right, title, interest, privileges of any nature thereunder accruing, together with any changes, extensions, revisions, modifications, of the following:
Contracts and agreements for the renovation, development, and/or construction of improvements on the Land, and all present and future rights with respect to land use, governmental authorizations, utilities, sewer and water taps and connections (and fees and charges relating thereto), and in under other documents including, but not limited to, all contracts, construction contracts, permits, building permits, licenses, franchises, warranties, guaranties, and agreements, architects' and/or engineer's drawings, plans and specifications, soil studies and tests, service contracts, and other related documents, agreements, permits and approvals, and other related agreements, including any amendments and supplements thereto, which in any way were obtained in connection with or relate to the acquisition, management, development, maintenance, sales, leasing, or operation of the Land and the improvements now or hereafter located thereon.
Together with all right, title, interest, privileges of any nature thereunder accruing, together with any changes, extensions, revisions, modifications, of the following:
All fixtures now or hereafter located under, on or above the Land which constitutes or will constitute fixtures under the law of the State of Florida which term includes any part of the fixtures (“Fixtures”).
All buildings, structures, fruit trees, groves, betterments and other improvements of any nature now constructed or hereafter constructed or situated in whole or in part under, on, above or upon the Land, regardless of whether physically affixed thereto or severed or capable of severance therefrom, and all replacements thereof, which term includes any part thereof (“Improvements”).
Any and all leases, tenancies, subleases, licenses, concessions or grants of other possessory interests granted by Marshall Lake Business Center, LLC (“Mortgagor”) as lessor, now or hereafter in force, oral or written, covering or affecting the Land.
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 of way, streets, alleys, passages, drainage 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.
Tangible Property. All of Mortgagor's interest in all fixtures, equipment, crops now sown and/or growing in the future and tangible personal property of any nature whatsoever now or hereafter (i) attached or affixed to the Land or the Improvements, or both, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (ii) 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 (including stationery, letterheads, billheads, and items of a similar nature); and all additions, accessions, renewals, replacements, and substitutions of any or all of the foregoing (for purposes of description in this Exhibit herein referred to as the “Tangible Property”).
Income: All rents, issues, incomes, and profits in any manner arising from the Land, Improvements, or Tangible Property, or any combination, including Mortgagor'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 for purposes of description in this Exhibit referred to as the “Rents.”
Proceeds. All proceeds of the conversion, voluntary or involuntary, of the Land, Improvements or any of the property described in this Exhibit 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.
Contract Rights. All of Mortgagor'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.
Name. All right, title and interest of Mortgagor in and to any tradename now or hereafter used in connection with the operation of the Land, improvements and all related marks, logos and insignia.
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 choses in action.
Construction Materials. All lumber, concrete block, drywall, sheet rock, concrete, roof trusses, beams, joints, 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.
Sewer Fees. All sewer capacity reservation fees and/or reserved sewer capacity, all tap in rights, all impact fees, all of which may benefit the Land or Improvements.
Plans. Any and all plans, specifications, permits, including building permits, licenses, fees, architectural drawings, surveys and plats associated with the construction of any proposed improvements to the Land.
Construction Documents. The foregoing types of property include specifically all of the following: all contracts, plans and documents that concern the design and construction of the improvements, including plans and specifications, drawings and architectural and/or engineering contracts, and construction contracts, together with all amendments, revisions, modifications and supplements.
Secondary Financing. All of Mortgager's rights, power or privilege to further encumber any of the property described in this paragraph for debt. As used in this paragraph, the term “include”, “includes” or “including” 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 AFTER THE SALE.
AMERICANS WITH DISABILITIES ACT. If you are a person with a disability who needs any accommodation in order to participate in a court proceeding or event, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Orange County, ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, fax: 407-836-2204 at least 7 days before your scheduled court appearance, or immediately upon receiving notification if the time before the scheduled court appearance is less than 7 days. If you are hearing or voice impaired, call 711 to reach the Telecommunications Relay Service.
Dated: August 15, 2016
/s/ J. Marshall Moorhead
J. Marshall Moorhead, Esq.
Florida Bar No. 36274
ADAMS AND REESE LLP
101 E. Kennedy Boulevard, Ste. 4000
Tampa, FL 33602
Telephone: (813) 402-2880
[email protected]
Attorney for Plaintiff
43121340_1 August 18, 25, 2016 16-03948W