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CLERK'S RE-NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT,
IN AND FOR PINELLAS COUNTY, FLORIDA
CASE NO.: 2013-05048-CI-20
BANCO POPULAR NORTH
AMERICA, a New York state
chartered commercial bank,
Plaintiff, vs.
RONECKER HOLDINGS, LLC, a Florida limited liability company, JAMES RONECKER, individually, FLORIDA DEPARTMENT OF
REVENUE, and U.S. SMALL
BUSINESS ADMINISTRATION,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to Order Granting Plaintiff's Motion to Reopen the Case and to Reset Foreclosure Sale, dated on the 24th day of February, 2016 and entered in Civil Action Number: 2013-05048-CI-20 in the Circuit Court of the Sixth Judicial Circuit, in and for Pinellas County, Florida, KEN BURKE, Clerk of the above-entitled Court, will sell to the highest and best bidder, or bidders, for cash, via the Internet: www.pinellas.realforeclose.com, at 10:00 a.m. on the 24th day of May, 2016 the real and personal property described as follows and as set forth in said Final Judgment of Foreclosure situate in Pinellas County, Florida:
Lot 18, Mears Commerce Center Phase 2B, according to the map or plat thereof as recorded in Plat book 113, Page(s) 23, Public Records of Pinellas County, Florida
a/k/a 303 Mears Boulevard, Oldsmar, Florida 34677
TOGETHER WITH all right, title and interest which Ronecker Holdings, LLC, now has or may hereafter acquire therein or thereto, all and singular the appurtenances, rights, privileges and easements in anywise appertaining thereto, and all right, title and interest of Ronecker Holdings, LLC, in and to any adjoining street or alley to the center line thereof; and
TOGETHER WITH all buildings and improvements now or hereafter located thereon, and all fixtures and equipment used in connection with the buildings and other facilities located upon the Mortgaged Premises, including, without limitation, all gas an electrical fixtures, electrical refrigeration equipment, air- conditioning equipment, ice-making equipment, radiators, oil burners, boilers, stokers, and other plumbing, cooling, and heating fixtures, equipment and appliances, elevators, awnings, screens, window shades, storm windows and storm doors, floor coverings, lighting fixtures, built-in appliances, power pumps, water softeners, water heaters, pressure tanks and equipment and incinerators, dynamos, compressor engines and other machinery, fans and blowers, whether or not the same shall have been attached to the Mortgaged Premises.
AND
Ronecker Holdings, LLC, hereby assigns to Banco Popular North America, a New York state chartered commercial bank, the entire proceeds of any award or payment resulting from any taking under the power of eminent domain, alteration of the grade of any street, or other injury to or decrease in value of the Mortgaged Premises by any public or quasi-public authority or corporation.
AND
Ronecker Holdings, LLC, does hereby sell, assign, transfer and set over to Banco Popular North America, a New York state chartered commercial bank n, all of its right, title and interest in and to all leases, tenancy, occupancy, use or license agreements (collectively, “leases”), existing as of the date hereof, if any, or hereinafter executed covering all or any part of the Mortgaged Premises, together with any and all extensions and renewals of any of said leases, and also together with any and all guarantees of the lessee's obligations under said leases, and all extensions, amendments and renewals thereof, and all monies payable thereunder, to have and to hold under Banco Popular North America, a New York state chartered commercial bank, as security for the Mortgaged Indebtedness.
AND
As further security for all indebtedness secured hereby, Ronecker Holdings, LLC, hereby grants to Banco Popular North America, a New York state chartered commercial bank, a security interest under the Florida Uniform Commercial Code in and to all of Ronecker Holdings, LLC, fixtures and equipment, building materials, building components, tools and equipment, including fixtures and equipment located upon the Mortgaged Premises, whether or not installed or attached, and all personal property of Ronecker Holdings, LLC, of every kind and nature whatsoever related thereto or usable in connection therewith, including all building and other permits, licenses, bonds, deposits, software, contract rights and general intangibles, and Ronecker Holdings, LLC agrees to execute any financing statements required by Banco Popular North America, a New York state chartered commercial bank, to protect its security interest in said fixtures and equipment under the provision of said Uniform Commercial Code.
AND
All right, title and interest owned or held by it in and to all leases and other agreements of any kind and nature by which rent, profits or income are derived from the use or occupancy of the Property and all such leases and other agreements hereinafter affecting all or any portion of the Property and all extensions, renewals, modifications or replacements thereof and any and all guarantees of the obligations thereunder and under any and all extensions and renewals thereof (any such leases, future leases, agreements and future agreements are hereinafter referred to collectively as the “Occupancy Agreement”), and all of the rents, income and profits payable thereunder or otherwise derived from the Property.
AND
All licenses, permits, governmental approvals and governmental authorizations held by Ronecker Holdings, LLC, in connection with the use or occupancy of the Property.
AND
The Collateral. For value received, Ronecker Holdings, LLC, hereby pledges, assigns and grants to Banco Popular North America, a New York state chartered commercial bank, with full recourse to Ronecker Holdings, LLC, and subject to the provisions of this Agreement, a security interest in the following described personal property (the “Collateral”):
(a) All Furniture, Equipment, Machinery, Fixtures, Inventory, Accounts, Pledges, General Intangibles, Software and books and records pertaining thereto used in connection with the business located at 303 Mears Boulevard, Oldsmar, Florida 34677 and/or owned by Ronecker Holdings, LLC, now owned or hereafter acquired by Ronecker Holdings, LLC, wherever located.
(b) All Proceeds and products and profits of any Collateral, all increases and additions and accessions to any Collateral and all replacements and substitutions for any Collateral, and all General Intangibles relating to or arising from the Collateral, including without limitation any proceeds of any insurance, indemnity, warranty or guaranty payable with respect to any Collateral, any awards or payments due or payable in connection with any condemnation, requisition, confiscation, seizure or forfeiture of any Collateral by any person acting under governmental authority or color thereof, and any damages or other amounts payable to Ronecker Holdings, LLC, in connection with any lawsuit regarding any of the Collateral.
(c) All Instruments, Documents and Chattel Paper evidencing, relating to or arising from any of the Collateral.
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 sixty (60) days after the sale.
If you are a person with a disability who needs an accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: Human Rights Office 400 S. Ft. Harrison Avenue Suie 500 Clearwater, FL 33756 Phone: 727.464.4062 V/TDD Or 711 for the hearing impaired
Contact should be initiated at least seven days before the scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven days.
DATED on April 28, 2016.
By: Anna Marie Hernandez
Florida Bar No. 502911
Email: [email protected]
Respectfully submitted,
HOLLAND & KNIGHT LLP
Counsel for Plaintiff
701 Brickell Avenue
Suite 3300
Miami, Florida 33131
Telephone: 305.789.7467
Facsimile: 305.679.6355
May 6, 13, 2016 16-03570N