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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. 11-CA-052743
WELLS FARGO BANK,
NATIONAL ASSOCIATION,
successor by merger to WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association,
Plaintiff, vs.
LESBAR HOLDINGS, LLC, a Florida limited liability company; BARRY A. FISKE, an individual; and NORTH AMERICAN
DEVELOPMENT CORP., a Florida corporation,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Final Judgment of Foreclosure on Count I of the Verified Complaint to Foreclose Mortgage and For Other Relief filed November 14, 2011 (the “Judgment'), entered in Civil Case No. 36-2011-CA-052743-0001-CH of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida in which WELLS FARGO BANK, NATIONAL ASSOCIATION, successor by merger to WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, is Plaintiff, and LESBAR HOLDINGS, LLC, a Florida limited liability company; BARRY A. FISKE, an individual; and NORTH AMERICAN DEVELOPMENT CORP., a Florida corporation, are Defendants.
The Clerk of Court will sell the Mortgaged Property as defined in the Judgment and as set forth below at a public sale on December 14, 2011 at 9:00 a.m. to the “highest bidder,” for cash at the following location for on-line foreclosure sales at www.lee.realforeclose.com, in accordance with Section 45.031, Florida Statutes. The “highest bidder” for purposes of this Notice of Sale, is defined as the party who bids the largest amount of money to purchase the Mortgaged Property and who completes the sale in a timely fashion, as hereinafter set out. The one who bids the largest amount of money to purchase the Mortgaged Property shall be permitted to complete the sale by delivering to the Clerk, the balance of such bid, over and above the deposit, by 4:00 p.m. on the next business day following the sale.
The following property located in Lee County, Florida, is the subject of this Notice of Sale:
See Exhibit “A” attached hereto
EXHIBIT “A”
MORTGAGED PROPERTY
(includes all the below-described property)
Land
A parcel of land lying in Section 30, Township 44 South, Range 26 East, Lee County, Florida, being described as follows:
Commencing at the straight line intersection of the Southerly Right-of-Way line of Lee Street and the Northeasterly Right-of-Way line of Leonard Boulevard, as shown on the Plat of UNIT 1, LEHIGH ESTATES SUBDIVISION, of said Section 30, as recorded in Plat Book 15, at Page 81, of the Public Records of Lee County, Florida, run North 89Ëš 30' 44” East (basis of bearings) along said Southerly Right-of-Way line of Lee Street for 906.38 feet to the Point of Beginning; thence continue North 89Ëš 30' 44” East, along said Southerly Right-of-Way line for 205.47 feet; thence run South 00Ëš 29' 16” East 212.00 feet to the North Right-of-Way line of Jack Canal; thence run South 89Ëš 30' 44” West along said canal Right-of-Way line for 205.47 feet; thence run North 00Ëš 29' 16” West for 212.00 feet to said Southerly Right-of-Way line of Lee Street and the Point of Beginning.
Other Property
All of Lesbar Holdings, LLC's right, title and interest now owned or hereafter acquired, in and to each of the following:
(i) all buildings and improvements nor or hereafter erected on the above-described Land;
(ii) all fixtures attached to the above-described Land or any buildings or improvements situated thereon; and
(iii) all estates, rights, tenements, hereditaments, privileges, rents, issues, profits easements, and appurtenances of any kind benefiting the above-described Land; all means of access to and from the above-described Land, whether public or private; and all water and mineral rights.
(collectively, the “Mortgaged Property”).
Any person claiming an interest in the surplus after 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.
WITNESS my hand and seal of this Court on November 16, 2011.
CHARLIE GREEN
Clerk of Circuit Court
(SEAL) By: S. Hughes
Deputy Clerk
Lawrence p. rochefort, Esquire
KENT B. FRAZER, Esquire
akerman senterfitt
222 Lakeview Avenue, Suite 400
West Palm Beach, Florida 33401
Telephone: (561) 653-5000
Facsimile: (561) 659-6313
[email protected]
[email protected]
Attorneys for Plaintiff
Nov. 25; Dec. 2, 2011 11-06791L