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FIRST INSERTION
NOTICE OF SALE
in the circuit court of the TWENTIETH judicial
circuit in and for LEE county, florida
CIVIL DIVISION
Case No. 09-CA-50741
Fifth Third Bank, an Ohio banking corporation,
Plaintiff, vs.
AIA Properties, LLC, a Florida limited liability company, et al.
Defendants.
Notice is hereby given that pursuant to the Partial Final Judgment of Against AIA Properties, LLC filed June 10, 2011, and the Partial Final Judgment of Foreclosure on Count III Against City of Cape Coral Code Enforcement and Debra Lynn Haugen filed July 26, 2011, entered in the above styled action, in the Circuit Court for Lee County, Florida, I will sell to the highest bidder for cash, in an online sale at www.lee.realforeclose.com, at 9:00 a.m. on the 25 day of August, 2011, the following property situate in Lee County, Florida, described as:
See Exhibits A and B Attached Hereto
Exhibit A
All fixtures, chattels and articles of personal property now or hereafter attached to or used in connection with that certain tract of land situated in Lee County, Florida, and more particularly described in Exhibit B (defined below as the “Premises”) attached hereto and made a part hereof, including, but not limited to, the following:
1. All rents, issues, profits, revenues, royalties, rights and benefits derived from the Premises from time to time accruing, whether under leases or tenancies now existing or hereafter created.
2. All causes of actions and judgments pursuant thereto relating to the Premises, and all judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the Premises or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Premises of the improvements thereon or any part thereof, or to any rights appurtenant thereto, including any award for change of grade of streets.
3. All policies of insurance insuring the Debtor or the Premises or the improvements located thereon, together with any proceeds therefrom, together with any abstracts of title covering the Premises.
4. All contract rights, causes of action, claims, demands of Debtor.
5. All licenses, easements, permits and development rights pertaining to the Premises.
6. All personal property (tangible and intangible), fixtures and equipment now or hereafter located on or used in connection with the Premises.
7. All accounts receivable, notes receivable, general intangibles, inventory and equipment of every kind of Debtor relating to the Premises.
8. All building materials delivered to the Premises, including, without limitation, materials for infrastructure improvements.
9. All contracts to sell the Premises or any portion thereof and all deposits under such contracts.
10. All commitments to make mortgage loans on the Premises, or any portion thereof.
11. All plans and specifications and architectural materials pertaining to the Premises and its present or future improvements.
12. All bulkheads, fill, soil, minerals and bridges located on the Premises.
13. All furnaces, boilers, oil burners, radiators and piping, coal, plumbing and bathroom fixtures, refrigeration, air-conditioning and sprinkler systems, washtubs, sinks, gas and electric fixtures, stoves, ranges, awnings, washers, dryers, screens, window shades, elevators, motors, dynamos, refrigerators, kitchen cabinets, incinerators, plants, shrubbery and landscaping and all other equipment and machinery, appliances, fittings and fixtures of every kind in or used in the operation of the buildings standing on the Premises, together with any and all replacements thereof and additions thereto.
Exhibit B
Lots 20, 21, 22, 23, 88, 89, 90, 92, 93, and 94, Block 67, Unit 6, Part 3, CAPE CORAL, according to the plat thereof recorded in Plat Book 11, Page 70 through 79, Public Records of Lee County, Florida (collectively, the “Premises”).
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 with the clerk within 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 Court Operations Manager whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
WITNESS my hand and the seal of this Court on August 1, 2011.
CHARLIE GREEN
Clerk of THE Court
(SEAL) By: S. Hughes
Deputy Clerk
jennifer hayes, Esq.
foley & lardner
P.O. Box 3391
Tampa, Florida 33601
Phone No. (813) 229-2300
August 5, 12, 2011 11-05190L