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FIRST INSERTION
notice of sale
in the CIRCUIT court of the twentieth judicial
circuit in and for lee county, florida
CASE NO. 10-cA-055634
PREMIER AMERICAN BANK, N.A., a national banking association,
Plaintiff, v.
HOWARD ROAD GROVE, L.P., a foreign limited partnership, BOKEELIA MANAGEMENT COMPANY, INC., a Florida corporation, d/b/a SOARING EAGLE NURSERY, HMG, INC., a foreign corporation, HOWARD ROAD GROVE MANAGEMENT CERVICES, INC., a foreign corporation, RICHARD GALVIN, and BARBARA GALVIN,
Defendants.
Notice is hereby given pursuant to a Final Judgment of Mortgage Foreclosure filed the 31st day of May, 2011, and pursuant to the Order Rescheduling Sale filed on the 8 day of December, 2011, in case No. 10-CA-055634, in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, wherein PREMIER AMERICAN BANK, N.A. is the Plaintiff and HOWARD ROAD GROVE, L.P., BOKEELIA MANAGEMENT COMPANY, INC. d/b/a SOARING EAGLE NURSURY, HMG, INC., HOWARD ROAD GROVE MANAGEMENT SERVICES, INC., RICHARD GALVIN, and BARBARA GALVIN, are the Defendants. That I will sell to the highest and best bidder for cash beginning at 9:00 AM at www.lee.realforeclose.com in accordance with Chapter 45, Florida Statutes, on the 9 day of January, 2012, the following described property as set forth in said Final Judgment of Mortgage Foreclosure, to-wit:
See Attached Exhibit “A.”
EXHIBIT “A”
The South 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 in Section 32, Township 43 South, Range 22 East, Lee County, Florida.
Growing crops and nursery items including, but not limited to, palm trees being grown on the following described real property:
The South 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 in Section 32, Township 43 South, Range 22 East, Lee County, Florida. (hereinafter referred to as “Premises”)
All leasehold estate, and all right, title and interest of Debtor in and to all leases or subleases covering the Premises (more fully described above) 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;
All right, title and interest of Debtor in and to all options to purchase or lease the Premises or any portion thereof or interested therein, if any, and any greater estate in the Premises owned or hereafter acquired;
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;
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;
All right, title and interest of Debtor in and to the property more particularly described as follows: NONE;
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;
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;
All accounts (including contract 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
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 on this 9 day of December, 2011.
CHARLIE GREEN
Clerk of the County Court
(SEAL) By: K. Dix Deputy Clerk
Eric D. Molina
December 16, 23, 2011 11-07233L