11-05246L

FIRST INSERTION
NOTICE OF SALE
in the circuit court of the twentieth judicial
circuit, in and for lee county, florida
civil division
CASE NUMBER: 11-ca-050562
wells fargo bank, n.a., as Trustee for the Registered Holders of BANC OF AMERICA
COMMERCIAL MORTGAGE, INC., Commercial Mortgage
Pass-Through Certificates, Series 2007-2, by and through HELIOS AMC, LLC, in its capacity as Special Servicer,
Plaintiff, v.
provident ft. myers llc, a Delaware limited liability company; RUTH MAZUREK, individually; and UNKNOWN OWNER(S)/TENANT(S) IN POSSESSION,
Defendants.
COMES NOW, Scott A. Kuhn, Esq. of KUHN LAW FIRM, P.A., counsel for Plaintiffs, wells fargo bank, n.a., as Trustee for the Registered Holders of BANC OF AMERICA COMMERCIAL MORTGAGE, INC., Commercial Mortgage Pass-Through Certificates, Series 2007-2, by and through HELIOS AMC, LLC, in its capacity as Special Servicer, and hereby files the Notice pursuant to Final Judgment of Foreclosure for Plaintiff entered in this cause on, in the Circuit Court of Lee County, Florida, I will sell the property situated in Lee County, Florida described as:
See Property description in Exhibit “A” attached hereto and made a part hereof by reference, as if fully set forth and described herein, together with any and all personal property and fixtures thereon.

EXHIBIT A

The “Land” more fully described as:

A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 21, Township 45 South, Range 25 East, and being further bounded and described as follows:

Beginning at the Northeast corner of the East Half of the Southeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 21, Township 45 South, Range 25 East; thence South 01 degrees 03 minutes 47 seconds East, along the East line of said fraction, for 274.67 feet; thence South 88 degrees 41 minutes 33 seconds West, for 249.70 feet to the beginning of a curve concave to the Southeast having a radius of 122.50 feet; thence Southwesterly along said curve through a central angle of 27 degrees 07 minutes 32 seconds for a distance of 58.00 feet to the beginning of a reverse curve concave to the Northwest having a radius 77.50 feet; thence Southwesterly along said curve through a central angle of 26 degrees 59 minutes 10 seconds for 36.50 feet to an intersection with the West line of said fraction; thence North 01 degrees 03 minutes 57 seconds West, non-radially along said West line for 296.69 feet to an intersection with the North line of said fraction; thence North 88 degrees 41 minutes 48 seconds East, along said North line for 340.62 feet to the POINT OF BEGINNING.

TOGETHER WITH easements for ingress and egress as set forth in that certain Declaration of Covenants, Easements and Restrictions for Daniel Parkway Center recorded in Official Records Book 2798, Page 3940, Public Records of Lee County, Florida and as shown on the Plat of DANIELS PARKWAY CENTER, according to the Plat thereof, as recorded in Plat Book 59, Pages 55 and 56, Public Records of Lee County, Florida.

ALSO KNOWN AS Lot 3 of that certain subdivision known as DANIELS PARKWAY CENTER, according tot he Plat thereof, as recorded in Plat Book 59, Pages 55 and 56, Public Records of Lee County, Florida.

TOGETHER WITH:

All of Borrower's right, title and interest in and to the following property located upon or used in connection with the foregoing more particularly described Land:

(a) the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the “Improvements”);

(b) all easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Land and the Improvements and every par and parcel thereof, with the appurtenances thereto;

(c) all machinery, equipment, fixtures (including, but not limited to, all heating, ai conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building, equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements, including, without limitation, beds, bureaus, chiffonier, chests, chairs, desks, lamps, mirrors, bookcases, table, rugs, carpeting, drapes, draperies, curtains, shades, venetian blinds, screens, paintings, hangings, pictures, divans, couches, luggage cars, stools, sofas, chinaware, linens, Improvements or respecting any business or activity conducted on the Land and any par thereof and all right, title and interest of Borrower therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Borrower thereunder;

(k) all tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property;

(i) all letter-of-credit rights (whether or nor the letter of credit is evidenced by a writing) Borrower now has or hereafter acquires relating to the properties, rights, titles and interest referred to in this schedule;

(m) all commercial tort claims Borrower now has or hereafter acquires relating to the properties, rights, titles and interests referred to in this schedule;

(n) and all other rights of Borrower in and to the items set fort in Subsections (a) through (m) above.

For purposes of this exhibit, all capitalized terms not expressly defined herein shall have the meanings ascribed them in the Complaint.
at public sale, to the highest bidder, for cash, beginning at 9:00 a.m. on September 2, 2011 at www.lee.realforeclose.com in accordance with chapter 45 Florida Statutes.
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 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.
Dated this 3 day of August, 2011.
CHARLIE GREEN
Clerk of the Circuit Court
(SEAL) By: S. Hughes
Deputy Clerk
scott a. kuhn
(239) 333-4529
6720 Winkler Rd.
Fort Myers, Florida 33919
August 12, 19, 2011 11-05246L