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AMENDED NOTICE OF SALE PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT IN
AND FOR ORANGE COUNTY,
FLORIDA
CIVIL DIVISION
Case No. 2014-CA-011485-O
Division 39
CIENA CAPITAL FUNDING, LLC, (f/k/a BLX Capital, LLC),
Plaintiffs, v.
SHIV SHAKTI, L.L.C. d/b/a Pine Hills Food Mart, FLORIDA FIRST CAPITAL FINANCE CORPORATION, INC., UNITED STATES OF AMERICA o/b/o U.S. Small Business Administration, MALTI PATEL, RAGHUBHAI PATEL, RIDHI ENTERPRISES, INC., RITU, INC. a/k/a Ritu Enterprises, Inc., ORANGE COUNTY C. COMPANY d/b/a Orange County Construction Company, and JOHN/JANE DOE,
Defendants.
Notice is given that pursuant to a Final Judgment of Reformation and for Foreclosure and Damages dated April 22, 2015, and an Order Granting Motion to Reschedule Foreclosure Sale dated August 19, 2016, entered in Case No. 2014-CA-011485-O of the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, in which BANK OF NEW YORK MELLON TRUST COMPANY, N.A., f/k/a BNY Midwest Trust Company, not in its individual capacity but solely as Indenture Trustee, and CIENA CAPITAL FUNDING, LLC, as Servicer are the Plaintiffs, and SHIV SHAKTI, L.L.C. d/b/a Pine Hills Food Mart, FLORIDA FIRST CAPITAL FINANCE CORPORATION, INC., UNITED STATES OF AMERICA o/b/o U.S. Small Business Administration, MALTI PATEL, RAGHUBHAI PATEL, and ORANGE COUNTY C. COMPANY d/b/a Orange County Construction Company, 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 10:00 a.m. on September 27, 2016, the following-described property set forth in said Final Judgment of Reformation and for Foreclosure and Damages:
SEE EXHIBITS “A” AND “B” ATTACHED HERETO.
EXHIBIT A
All those certain lots, pieces, or parcels of land lying and being in Orange County, State of Florida (the “Property”), together with the buildings and improvements now or hereafter situated thereon, said land being legally described as follows:
Lot 18, Block E, PINE HILLS MANOR, according to the plat thereof as recorded in Plat Book R, Pages 132 and 133, Public Records of Orange County, Florida. Less and Except a portion of Lot 18, Block E, Pine Hills Manor, according to the plat thereof as recorded in Plat Book R, Pages 132 and 133, of the Public Records of Orange County, Florida; being more particularly described as follows:
Begin at the Southwest corner of said Lot 18; thence S. 89°39'30” East, (Bearings based on Florida Dept. of Transportation Job No. 75250-2901), along the South line of said Lot 18 for 11.38 feet; thence North 02°52'25” West for 110.15 feet to the North line of said Lot 18; thence North 89°39'30' West along said North line for 7.51 feet to the Northwest corner of said Lot 18; thence South 00°51'30” East along the West line of said Lot 18 for 110.00 feet to the Point of Beginning.
TOGETHER WITH all and singular the tenements, hereditaments, easements, riparian rights and other rights now or hereafter belonging or appurtenant to the Property, and the rights (if any) in all adjacent roads, ways, streams, alleys, strips and gores, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of Mortgagor of, in and to the same and every part and parcel thereof;
TOGETHER WITH any and all tangible property (collectively, the “Equipment”) now or hereafter owned by Mortgagor and now or hereafter located at, affixed to, placed upon or used in connection with the Property or any present or future improvements thereon, including without limitation: all machinery, equipment, appliances, fixtures, conduits and systems for generating or distributing air, water, heat, air conditioning, electricity, light, fuel or refrigeration, or for ventilating or sanitary purposes, or for the exclusion of vermin or insects, or for the removal of dust, refuse, sewage or garbage, or for fire prevention or extinguishing; all elevators, escalators, lifts and dumbwaiters; all motors, engines, generators, compressors, pumps, lift stations, tanks, boilers, water heaters, furnaces and incinerators; all furniture, furnishings, fixtures, appliances, installations, partitions, shelving, cabinets, lockers, vaults and wall safes; all carpets, carpeting, rugs, under padding, linoleum, tiles, mirrors, wall coverings, windows, storm doors, awnings, canopies, shades, screens, blinds, draperies and related hardware, chandeliers and light fixtures; all plumbing, sinks, basins, toilets, faucets, pipes, sprinklers, disposals, laundry appliances and equipment, and kitchen appliances and equipment; all alarm, safety, electronic, telephone, music, entertainment and communications equipment and systems; all janitorial, maintenance, cleaning, window washing, vacuuming, landscaping, pool and recreational equipment and supplies; and any other items of property, wherever kept or stored, if acquired by Mortgagor with the intent of incorporating them in and/or using them in connection with the Property or any improvements to the Property; together also with all additions thereto and replacements and· proceeds thereof (Mortgagor hereby agreeing, with respect to all additions and replacements and proceeds, to execute and deliver from time to time such further instruments as may be requested by Mortgagee to confirm their inclusion herein); all of which foregoing items described in this paragraph are hereby declared to be part of the real estate and encumbered by this Mortgage;
TOGETHER WITH (a) any and all awards or payments, including interest thereon and the right to receive the same, growing out of or resulting from any exercise of the power of eminent domain (including the taking of all or any part of the Premises, as defined hereinafter), or any alteration of the grade of any street upon which the Property abuts, or any other injury to, taking of, or decrease in the value of the Premises or any part thereof; (b) any unearned premius on any hazard, casualty, liability, or other insurance policy carried for the benefit of Mortgagor and/or Mortgagee with respect to the Premises (as defined hereinafter); (c) all rights of Mortgagor in and to all supplies and materials delivered to or located upon the Property or elsewhere and used or usable in connection with the construction or refurbishing of improvements on the Property; and (d) all rights of Mortgagor in, to, under, by virtue of, arising from or growing out of any and all present ·or future contracts, instruments, accounts, insurance policies, permits, licenses, trade names, plans, appraisals, reports, paid fees, choses-in-action, subdivision restrictions or declarations or other intangibles whatsoever now or hereafter dealing with, affecting or concerning the Property, the improvements thereto, or any portion thereof or interest therein, including but not limited to: (i) all contracts, plans and permits for or related to the Property or its development or the construction or refurbishing of improvements on the Property, (ii) any agreements for the provision of utilities to the Property, (iii) all payment, performance and/or other bonds, (iv) any contracts now existing or hereafter made for the sale by Mortgagor of all or any portion of the Property, including any deposits paid by any purchasers (howsoever such deposits may be held) and any proceeds of such sales contracts, including any purchase-money notes and mortgages made by such purchasers, and (v) any declaration of condominium, restrictions, covenants, easements or similar documents now or hereafter recorded against the title to all or any portion of the Property; and
TOGETHER WITH all of Mortgagor's rights to enter into any lease or lease agreement regarding all or any part of the Property, and all of Mortgagor's rights to encumber the Property further for debt, Mortgagor hereby (a) representing as a special inducement to Mortgagee to make the Loan that, as of the date hereof, there are no encumbrances to secure debt prior or junior to this Mortgage, and (b) covenanting that there are to be none as of the date when this Mortgage is recorded;
EXHIBIT B
The following, whether now owned or existing or hereafter created, acquired or arising and wheresoever located (collectively, the “Collateral”):
(a) All accounts and chattel paper;
(b) All equipment;
(c) All inventory;
(d) All fixtures;
(e) All general intangibles;
(f) All funds on deposit with or under the control of the Secured Party or its agents or correspondents; and
(g) All parts, replacements, substitutions, accessions, profits, products and cash and non-cash proceeds of any of the foregoing (including insurance proceeds payable by reason of loss or damage thereto) in any form and wherever located. Collateral shall include all written or electronically recorded records relating to any such Collateral and other rights relating thereto, including, without limitation, membership lists, credit files, computer programs and print-outs.
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: August 23, 2016.
By: Ronald B. Cohn, Esq.
Florida Bar No. 599786
BURR & FORMAN, LLP
201 North Franklin Street
Suite 3200
Tampa, Florida 33602
Phone: (813) 221-2626
Facsimile: (813) 221-7335
Primary E-mail: [email protected]
Secondary E-mails: [email protected]
and [email protected]
Attorneys for Plaintiff
28098274 v1
Aug. 25; Sept. 1, 201616-04035W