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FIRST INSERTION
PLAINTIFF'S NOTICE OF ACTION BY PUBLICATION
IN THE CIRCUIT COURT
OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
GENERAL JURISDICTION
DIVISION
CASE NO. 10-CA-060236
MULTIBANK 2009-1 CRE
VENTURE, LLC, a Delaware
limited liability company,
Plaintiff, v.
BRICK PROPERTY
HOLDINGS, LLC, a
Florida limited liability
company, ROBYN BONAQUIST,
an individual,
JAMES BONAQUIST, an
individual, PETER L. LYNN,
an individual, JOYCE B. LYNN,
an individual, LAWRENCE
COWAN, JR., an individual, and
PATRICIA COWAN, an
individual,
Defendants.
Defendant, JOYCE B. LYNN, an individual, IS HEREBY NOTIFIED that an action has been instituted to foreclose a mortgage on the following property in Lee County, Florida:
Lot 1, 2 & 3, Block 4 of LEAK'S SUBDIVISION, according to the Plat thereof as recorded in Plat Book 6, Page(s) 14, of the Public Records of Lee County, Florida.
ALSO beginning at the Northwest corner of said Lot 1 run Northeasterly, along the Northwesterly line of said Lots 1 and 2 for 46.05 feet to the Northeasterly corner of said Lot 2; thence run Northwesterly along a prolongation of the Northeasterly line of said Lot 2 for 0.64 feet to a cross cut in a concrete sidewalk marking the intersection with said Southeasterly line of Bay Street, thence run Southwesterly along said Southeasterly line for 46.04 feet to a cross cut in said concrete sidewalk marking the intersection with a prolingation of the Southwesterly line of said Lot 1; thence run Southeasterly along said prolongation for 1.12 feet to the Point of Beginning.
TOGETHER WITH all the property described in Exhibit “A” attached hereto.
EXHIBIT “A”
(Personal Property)
1. All machinery, apparatus, equipment, fittings, fixtures, furniture, furnishings and other personal property of any kind whatsoever now owned or hereafter acquired and located on or used in connection with the real property described in attached UCC or Security Agreement or other document, (the Real Property) whether or not attached to such Real Property, and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now owned or hereafter acquired, including, but without limiting the generality of the forgoing, all electrical heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment, engines, pipes, pumps tanks, motors, conduits, switchboards, plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigeration, ventilating and communications apparatus, boilers, ranges, furnaces, oil burners or escalators, shades, awnings, screens, storm doors and windows, stoves, wall beds, refrigerators, attached cabinets, partitions, ducts and compressors, rugs and carpets, draperies, furniture and furnishings.
2. All of Debtor's interest in all building materials and equipment now or hereafter acquired and located on the Real Property, including but not limited to, lumber, plaster, cement, shingles, roofing, plumbing fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, air conditioners, brick, tile, water heaters, screens, window frames, glass doors and windows, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating, air conditioning and ventilating appliances and equipment, together with all proceeds, additions and accessions thereto and replacements thereof.
3. All of Debtor's interest as lessor in and to all leases or rental arrangements, heretofor made and entered into and in to all leases or rental arrangements hereafter made and entered in to by Debtor during the life of the security agreements or any extension or renewal thereof, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.
4. Any and all awards or payments, including interest thereon and the right to receive the same as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of the street or (c) any other injury to, taking of, or decease in the value of the Real Property.
5. All of the right, title and interest of the Debtor in and to all unearned premiums secured, accruing or to accrue under any and all insurance policies nor or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss or damage to Real Property.
6. All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon, operation of or sale of the Real Property, including, without limitation, engineer's and/or architect's contracts, drawings, plans, specifications, general contracts, floor plans, franchise agreements, contracts for the purchase of furniture, fixtures and equipment, construction contracts, addenda and modifications, and any agreements for deed and installment land contracts.
7. All of the right, title and interest of the Debtor in and to all trade names and copyrights owned by Debtor exclusively in connection with the Real Property.
8. All of Debtor's interest in all utility security deposits or bonds on the Real Property or any part or parcel thereof.
9. All permits and licenses relating to the ownership, use and operation of the Real Property and the improvements thereon.
10. All of Debtor's accounts (whether checking, savings or some other account) or securities now or hereafter in the possession of or on deposit with Secured Party or with any parent company or affiliate of Secured Party.
11. Any and all other assets of personal property, whether now owned or hereafter acquired, and located on or used in connection with the Real Property.
An action has been filed against you and you are required to serve a copy of your written defenses, if any, to it on RONALD M. ROSENGARTEN, ESQ., attorney for Plaintiff, whose address is GREENBERG TRAURIG, P.A., 333 Avenue of the Americas, Miami, Florida 33131 and file the original with the Clerk of the above styled Court within thirty (30) days; otherwise a default will be entered against you for the relief prayed for in the complaint of petition.
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 the court at Ft. Myers, Florida on this December 13, 2011.
CHARLIE GREEN
Clerk of the Court
(SEAL) By: K. Mueller
As Deputy Clerk
GREENBERG TRAURIG, P.A.
RONALD M. ROSENGARTEN
Florida Bar No.: 387540
Attorney for Plaintiff
333 Avenue of the Americas
Miami, Florida 33131
Telephone: (305) 579-0500
Fax: (305) 579-0717
December 23, 30, 2011 11-07288L