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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 ACTION
Case No. 10-CA-56812-LG
ENCORE BANK, N.A.,
Plaintiff, -vs-
DOC 2475, LLC, et al.,
Defendants.
YOU ARE HEREBY NOTIFIED that pursuant to a Summary Judgment in Foreclosure and for Assessment of Reasonable Attorneys' Fees in and for Lee County, Florida, wherein the cause is pending under docket number 10-CA-56812-LG, the Honorable Charlie Green, Clerk of the Circuit Court of Lee County, Florida, will offer for sale to the highest and best bidder for cash beginning 9:00 a.m. at www.lee.realforeclose.com in accordance with Chapter 45, Florida Statutes, on the 29 day of December, 2011, the following described properties:
Lots 22, 23 and 24, Block C, PHILLIPS FOURTH DIVISION, according to the plat thereof, recorded in Plat Book 4, Page(s) 41, of the Public Records of Lee County, Florida.
-AND-
(i) All leasehold estate, and all right, title and interest of Debtor in and to all leases or subleases covering the Premises or any portion thereof, now or hereafter existing or entered into, and all right, title and interest of Debtor thereunder, including, without limitation, all cash or security deposits, advance rentals, and deposits or payments of similar nature of such leases and such subleases;
(ii) All right, title and interest of Debtor in and to all options to purchase or lease the Premises or any portion thereof or interest therein, if any, and any greater estate in the Premises owned or hereafter acquired;
(iii) All right, title and interest of Debtor in and to all easements, streets, ways, alleys, rights-of-way and rights used in connection therewith or as a means of access thereto, and all tenements, hereditaments, and appurtenances thereof and thereto and all water rights;
(iv) All right, title and interest of Debtor in and to any and all buildings, structures and improvements now or hereafter erected on the Premises, including but not limited to, the fixtures, attachments, appliances, equipment, machinery, and other articles attached to said buildings, structures and improvements;
(v) All right, title and interest of Debtor in and to the property more particularly described as follows: NONE;
(vi) All awards and proceeds of condemnation for the Premises or any part thereof to which Debtor is entitled for any taking of all or any part of the Premises by condemnation or the exercise of the right of eminent domain. All such awards and condemnation proceeds are hereby assigned to Secured Party and the Secured Party is hereby authorized subject to the provisions of the Mortgage to apply such awards and condemnation proceeds or any part thereof toward the payment in full or in part of the Note;
(vii) All rents, issues and profits of the Premises and all the estate, right, title and interest of every nature whatsoever of the Debtor in and to the same;
(viii) All accounts (including contact rights) and general intangibles pertaining to or arising from or in connection with all or any part of the Premises, as hereinafter defined, including, without limitation, all proceeds and choses in action arising under any insurance policies maintained with respect to all or any part of the Premises; and
(ix) All proceeds, products, replacements, additions, substitutions, renewals and additions of any of the foregoing items.
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 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 30 day of November, 2011.
CHARLIE GREEN, Clerk of the Circuit Court
(SEAL) By: S. Hughes
Deputy Clerk
Jeffrey W. Leasure, Esq.
P.O. Box 61169
Fort Myers, FL 33906-1169
December 9, 16, 2011 11-07022L