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NOTICE OF SALE
IN THE CIRCUIT COURT, TENTH
JUDICIAL CIRCUIT, IN AND FOR POLK COUNTY, FLORIDA
CASE NO.: 2022-CA-2366
DIVISION: 11
KIMBERLY M. FREEMAN, ISAOA/ATIMA, and Individually and MARK A. FREEMAN ISAOA/ATIMA, and Individually,
Plaintiffs, vs.
DIRECT SUCCESS INVESTMENTS, LLC, a Florida Limited Liability Company, STEVEN CAMPBELL, Individually, UNKNOWN TENANT IN POSSESSION and LYNK INVESMENTS, LLC, a Florida Limited Liability Company,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Summary Judgment dated January 24, 2024, and entered in Case Number: 2022-CA-2366 of the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida wherein LYNK INVESTMENTS, LLC, a Florida limited liability company, is Plaintiff, and KIMBERLY M. FREEMAN, MARK A. FREEMAN, DIRECT SUCCESS INVESTMENTS, LLC, a Florida Limited Liability Company, STEVEN CAMPBELL, Individually, and UNKNOWN TENANT IN POSSESSION, are Defendants. The Clerk of the Court shall sell to the highest and best bidder for cash, at public sale on March 11, 2024, at 10:00 a.m. in an online sale pursuant to Section 45.031 at https://www.polk.realforeclose.com after having given notice as required by section 45.031, Florida Statutes, the following described properties as set forth in said Summary Judgment to wit:
Certain real property, hereafter referred to as the “Real Property” and more particularly described as in Exhibit “A.”
EXHIBIT “A”
Certain real property, hereafter referred to as the “Real Property” and more particularly described
as follows:
Lot 27, and the West 20 feet of Lot 28, Block 23, SHORE ACRES, according to the map or
plat thereof, as recorded in Plat Book 7, Page 15, of the Public Records of Polk County, Florida.
Parcel ID # 172824-193000-023270
All improvements and structures now or hereafter erected on the Real Property (including all replacements and additions);
All easements, rights of way, rights (including air, mineral, riparian, and development rights),
franchises, tenements, appm1emmces, leases, permits, licenses, powers, and privileges in my way now or hereafter belonging, relating, or pertaining to the Real Property or the buildings and improvements now or hereafter erected thereupon;
All agreements, contracts, certificates, permits, licenses, plans, specifications, and other documents related to the development, construction, renovation, or operation of the Real Property
or the buildings and improvements now or hereafter erected thereupon;
All furniture, fixtures, equipment, supplies, and materials now or hereafter located on or attached to the Real Properly (including, but not limited to, construction materials, tools, furnishings, machinery, ranges, refrigerators. dishwashers, heating and air conditioning units, washing machines, dryers, maintenance equipment, awnings, shades, blinds, and carpeting), including replacements and additions thereto;
All proceeds paid under any insurance policies covering any of the Real Property, all property tax refunds or rebated received in regards to the Real Property, all condemnation proceeds, and all settlements or awards resulting from any suit or claim pertaining to any of the Real Property;
All present and future oral and written leases, licenses. and agreements for the use or occupancy of the whole or any part of the Real Property, including all amendments of, supplements to, and renewals and extensions thereof at any time made (all such leases, agreements, amendments, supplements, renewals, and extensions being hereinafter referred to collectively as the “Leases”) together with all rents, earnings, income, issues, profits, royalties, revenues, insurance proceeds (including, but not limited to, any policy of insurance covering loss of income or rents for any cause) whether pursuant to any of the Leases or otherwise, and all other monetary benefits now existing or hereafter arising, derived, or accrued from or belonging to the Property or such Leases, including any and all payments in lieu of rent, condemnation proceeds, damages, security deposits, rebates or refunds of impact fees, water or sewer connection fees, utility costs, taxes, assessments or other charges and all other sums due or to become due under and pursuant thereto (collectively the “Rents”);
All guaranties of the tenant's performance under any of the Leases;
Any award made to Direct Success in any court proceeding involving any of the tenants in any
bankruptcy, insolvency, or reorganization proceedings in any state or Federal court;
All reserves, escrows, and deposit accounts maintained with respect to the Real Property;
All rights, powers, privileges, options m1d other benefits of Direct Success as lessor under such
Leases including, but not limited to, the following: (a) the immediate and continuing right to receive and collect an Rents; and (b) the right to make waiver agreements and settlements, to give and receive an notices, consents and releases, to take such action upon the happening of a default under any of the Leases, including the commencement, conduct, and consummation of such legal proceedings as may be permitted under any provision of any of the Leases or by law, and to do any and all other things whatsoever which Direct Success is or may become entitled to do under any of the Leases;
All present and future contracts, agreements, permits, approvals, entitlements. escrows, licenses, documents, certificates. plans, drawings, specifications, and other similar instruments related or pertaining to the development, construction, renovation, improvement, or operation of the Property, together with all amendments of, supplements to, and renewals and extensions thereof at any time made (the “Contracts”);
All rights, powers. privileges, options. and other benefits of Direct Success under the Contracts,
including, but not limited to, (a) the right to give waivers, consents, notices (b) the right to modify, terminate, or extend the contracts (c) the right to enforce any and all rights or remedies available to Direct Success, either for the benefit of Direct Success or Lender (d) the right to freely enjoy all benefits of the Contracts and (e) the right lo lake any action to do any and all things that Direct Success is or may become entitled to do under any of the Contracts.
ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS PROCEEDS FROM THE SALE, IF ANY, OTHER THEN THE PROPERTY OWNER AS OF THE DATE OF THE LIS PENDENS MUST FILE A CLAIM WITHIN 60 DAYS AFTER THE SALE.
In accordance with the American with Disabilities Act, if you are a person with a disability who needs any accommodation in order to participate in this proceeding or program, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, 255 North Broadway Avenue, Bartow, Florida 33830, (863) 534-4686, as far in advance as possible, but preferably at least seven (7) working days before your scheduled court appearance or other court activity; or immediately upon receiving your notification if the time before the scheduled court appearance or other court activity is less than seven (7) days; if you are hearing or voice impaired, call 711.
/s/ Nicholas W. Morcom, Esq.
Attorney
February 9, 16, 2024 24-00189K