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CLERK'S AMENDED
NOTICE OF SALE
IN THE CIRCUIT COURT IN AND FOR THE TWENTIETH JUDICIAL CIRCUIT COLLIER
COUNTY, FLORIDA
CIVIL DIVISION
Case No. 15-CA-233
As To Counts V, VI
KEYBANK NATIONAL ASSOCIATION, a national banking association,
Plaintiffs, v.
SWP PROPERTIES, LLC, an Indiana limited liability company authorized to do business in Florida, PALM COAST LANDSCAPING,
INC., a Florida corporation, formerly known as Scott Pickens Enterprise, Inc., a Florida corporation, SCOTT W. PICKENS, IRIZARRY HOLDINGS, INC., a Florida corporation, ADAM IRIZARRY, and the STATE OF FLORIDA (Florida Department of Revenue),
Defendants.
Notice is hereby given that, I, Dwight Brock, Clerk of the above-titled court, will on the 4 day of February 2016, beginning at 11:00 a.m., in the lobby on the Third Floor of the Courthouse Annex, located at 3315 Tamiami Trail East, Naples, Florida, 34112, in accordance with Chapter 45, Florida Statutes, or as soon thereafter as is practicable, offer for sale and sell to the highest and best bidder for cash the following described personal property situated in Collier County, Florida:
All equipment of Defendants, PALM COAST LANDSCAPING, INC., a Florida corporation, formerly known as Scott Pickens Enterprise, Inc. (“Debtor”), whether now owned or hereafter acquired, wherever located, including, but not limited to all present and future machinery, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop equipment, office and record keeping equipment, parts and tools, and the goods described in any equipment schedule or list herewith or hereafter furnished to secured party by Debtor (but no such schedule or list need be furnished in order for the security interest granted herein to be valid as to all of Debtor's equipment) together with all substitutions and replacements for and products of, any of the foregoing property not constituting consumer goods, and together with all insurance and/or other proceeds of any type of the foregoing property and in the case of all tangible collateral, together with all accessions and, except in the case of consumer goods, together with (i) all accessories, attachments, parts, equipment, and repairs now or hereafter attached or affixed to, or used in connection with, any such goods, and (ii) all warehouse receipts, bills of lading and other documents of title now or hereafter covering such goods, and all now and hereafter existing books and records (in whatever form maintained) relating to the foregoing.
All accounts receivable, contract rights, and each and every right of the Debtor to the payment of money, whether such right to payment now exists or hereafter arises, whether such right to payment arises out of a sale, lease, or other disposition of goods or other property by Debtor, out of a rendering of services by Debtor, out of a loan by Debtor, out of the overpayment of taxes or other liabilities of the Debtor, or otherwise arises under any contract or agreement, whether such right to payment is or is not already earned by performance, and howsoever such right to payment may be evidenced, together with all other rights and interests (including all liens and security interests) which Debtor may at any time have by law or agreement against any account Debtor or other obligor obligated to make any such payment or against any of the property of such Debtor or other obligor; all, including, but not limited to all present and future debt instruments, chattel paper, including all electronic chattel paper, accounts, loans, and obligations receivable and tax refunds, together with the proceeds of any and all of the foregoing property, and all now and hereafter existing books and records (in whatever form maintained) relating to the foregoing.
All inventory in all of its forms, wherever located, now or hereafter existing (including, but not limited to, (i) all raw materials and work in process, finished goods, and materials used or consumed in the manufacture or production of inventory, (ii) goods in which the Debtor has an interest in mass or a joint or other interest or right of any kind, and (iii) goods which are returned to or repossessed by the Debtor), and all accessions thereto, proceeds and products thereof and documents therefore (any and all such inventory, accessions, products and documents being the “inventory”), and all books and records (in whatever form maintained) relating to any of the foregoing described collateral.
All general intangibles of Debtor, whether now owned or hereafter acquired, including, but not limited to, applications for patents, copyrights, trademarks, trade secrets, good will, trade names, customer lists, permits and franchises, the right to use Debtor's name, and tax refunds.
Specific Vehicles
1. GMC Van
VIN# 1GDJ7H1J3MJ512174, Year 1991
2. Ford F-350
VIN# 1FDWF365465EA09143, Year 2005
3. Toyota Sequia
VIN # 5TDBT48S73S139712, Year 2003
4. HMDE Trailer
VIN# NOVINOOOO81846694, Year: 1989
5 Ford Escape
VIN # 1FMCU93158KD41187, Year 2008
6. Ford F-150
VIN # 1FTRF12276NB05799, Year 2006
7. Ford Ranger
VIN # 1FTYR10U77PA64541, Year 2007
8. Ford F-250
VIN # 1FTNS24L47DA67462, Year 2007
9. Emes Trailer
VIN # 1E9UL16204L252388, Year 2004
10. Ford F3-350
VIN # 1FDAF56P36EC46438, Year 2006
11. Emes Trailer
VIN # 1ESCH18205L252094, Year 2005
12. Well Trailer
VIN # 1WF200G2573056699, Year 2007
13. Ford F-450
VIN # 1FDXF46P63ED01710, Year 2003
14. Express Trailer
VIN # 5GLBE16208C000155, Year 2008
15. Ford F-150
VIN # 1FTRX14W57FA39603, Year 2007
pursuant to summary final judgment of foreclosure entered in a case pending in that court, the style of which is described above.
Any person claiming an interest in the surplus from the sale, if any, other than the property owners as of the date of the Lis Pendens, must file a claim within sixty (60) days after the sale.
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 the Administrative Services Manager whose office is located at 3301 East Tamiami Trail, Building L, Naples, Florida, 34112 and whose telephone number is (239) 252-8800, within two working days of your receipt of this Notice of Foreclosure Sale. If you are hearing or voice impaired, please call 1-800-955-8771.
WITNESS my hand and the official seal of this Court, this on: December 3, 2015.
DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
(Seal) By: Kathleen Murray
Deputy Clerk
Jeffrey S. Kannensohn, Esq.
9132 Strada Place, Third Floor
Naples, Florida 34108
239-593-2900
[email protected] [email protected]
NAPLES/639986v.1
January 15, 22, 2016 16-00083C