11-04613L

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-60299-SW
premier american bank, n.a., a National banking
association,
Plaintiff, -vs-
MARIA'S RESTAURANT, INC.,
et al.,
Defendant(s).
YOU ARE HEREBY NOTIFIED that pursuant to a Final Judgment of Foreclosure entered in and for Lee County, Florida wherein the cause is pending under docket number 10-CA-60299-SW, 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 22 day of July, 2011, the following described properties:
SEE EXHIBITS “A”, “B” AND “C” ATTACHED HERETO.

EXHIBIT “A”
Lots 8, 9, 10 and 11, Block A, in that certain subdivision known as SPRING GARDENS, according to the map or plat thereof recorded in Plat Book 6, Page 15, Public Records of Lee County, Florida.

EXHIBIT”B”

FOR VALUE RECEIVED, the Debtor hereby grants the Secured Party a continuing Security interest in and to all fixtures, chattels and articles of personal property now or hereafter attached to or used in connection with Debtor's restaurant (the 'Premises”) being either in existence or in the process of construction on that certain tract of real property situated in Lee County, Florida and more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference as though fully rewritten herein (the 'Premises”), including, but not limited to, the following;

1. All rents, issues, profits, revenues, royalties, rights and benefits derived from the Premises from time to time accruing, whether under leases or tenancies now existing or hereafter created.

2. All causes of actions and judgments pursuant thereto relating to the Premises, and all judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the Premises or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Premises or the improvements thereon or any part thereof; or to any rights appurtenant thereto, including any award for change of grade of streets.

3. All policies or insurance insuring the Debtor or the Premises or the improvements located thereon, together with any proceeds therefrom, together with any abstracts of title covering the Premises.

4. All contract rights, causes of action, claims, demands and accounts receivable of Debtor.

5. All licenses, easements, permits and development rights pertaining to the Premises.

6. All personal property (tangible and intangible), fixtures and equipment now or hereafter located on or used in connection with the premises, including, but not limited to those matters stated in Exhibit “C” attached hereto and incorporated herein.

7. All accounts receivable, notes receivable, general intangibles, inventory and equipment of every kind of Debtor.

8. All building materials delivered to the Premises for purposes of installation.

9. All contracts to sell the Premises or any portion thereof and all deposits under such contracts.

10. All commitments to make mortgage loans on the Premises, or any portion thereof.

11. All plans and specifications and architectural materials pertaining to the Premises and its present or future improvements.

12. All water lines, wells, casings, pumps, sprinklers, piping and faucets; all sewer lines, lift stations, sewer gathering treatment systems and holding ponds located on or useful to the Premises, and all substitutions and replacements of any of the above.

13. All bulkheads, fill, soil, minerals and bridges located on the Premises.

14. All heating equipment, plumbing and bathroom fixtures, refrigeration, air conditioning and sprinkler systems, washtubs, sinks, electric fixtures; stoves, ranges, awnings, washers, dryers, screens, window shades, elevators, motors, dynamos, refrigerators, kitchen cabinets, incinerators, plants, shrubbery and landscaping and all other equipment and machinery, appliances, fittings and fixtures of every kind in or used in the operation of the buildings standing on the Premises, together with any and all replacements thereof and additions thereto.

15. All “proceeds” of the foregoing, as such term is defined in Fla. Stat. 679.306 (for purposes of a UCC-1 Financing Statement, the term “proceeds” is deemed to include the following types of property acquired with cash proceeds: accounts, chattel paper, general intangibles, documents, inventory, equipment, fixtures, farm products and consumer goods), whether or not such proceeds result from the sale of inventory or result from accounts and including, but limited to, the proceeds payable under insurance policies covering any of the foregoing, and products of all of the foregoing, and all substitutions or replacements therefore, and accessions or additional thereto.

EXHIBIT “C”

Restaurant Equipment
Quantity Item Description

1 Delfield double door refrigerator
Serial #170118-1
1 2-cover ice cream box
1 Delfield 3 door salad refrigerator
1 Frymaster fryer serial #9201HC0001
1 Frymaster fryer serial #9201HC0002
1 Frymaster fryer serial #9201HC0003
1 DCS charbroiler,
10 burner
1 Garland burner
1 South Bend 6 burner stove and 3 burner flat top with 2 ovens
1 Ultra Sham, 2 door, Ref #1000TH
1 19 Cubic-foot freezer, upright
2 True Line work coolers
1 8 foot steam table
1 McCall commercial up right freezer
1 8 cubic foot Kenmore chest freezer
2 3 Component Eagle stainless steel sink sets
7 Stainless steel hand sinks
1 Commercial microwave serial #8P5H05867
1 70 foot stainless steel work table
1 Walk-In Cooler 10' x 20'
1 Soup warmer, 2 compartments
230 Crest oval dinner dishes
1 Hobant meat slicer
1 Volcan 2 door super oven
1 4 slot toaster
1 Redco Lincoln dice machine, ¼”, model #15000
1 Onion slicer
1 Star Mfg. Cheese warmer, serial #3A023822
90 Clear glass salad bowls
230 6” round bread plates
1 18” sandwich grill
30 Rego soup crocks
80 Ice cream bowls (aka: “monkey bowls”)
1 2 burner heat lamp
1 24 foot overhead hood vent
36 Square, wood, dinning room tables
3 Round high-top tables
37 High bar stools
6 8 foot tables
175 Dining room sit-down chairs
1 8 foot True Line beer cooler
2 4 foot True Line glass coolers
14 Tiffany lamps
24 Bose speakers
1 Walk-in beer cooler
12' x 20'
11 Hunter ceiling fans
250 Eating Forks
250 Butter knives
250 Teaspoons
2 Smoke eaters in bar
1 Air purifier
1 6 cubic foot freezer
100 Stainless steel pans for steam table
50 Stainless steel ladles
20 10” fry pans
10 14” fry pans
50 Sheet pans
2 Large colanders
1 Food processor
1 Altra sham bread warmer
20 Square, plastic, storage containers
30 Round, plastic storage containers
2 Royal cash registers
3 21” color televisions
1 16” color television
1 Absocold refrigerator, serial #970701260
300 Bar glassware, including beer mugs, Libby glasses & coffee cups
2 Hamilton Beach commercial blenders
1 4 door, 6' wine cooler, serial #197825
1 Beer line recirculator
1 800 pound, commercial ice machine
1 600 pound, commercial shaved ice machine
1 12 foot satellite dish with receiver
1 Alcohol beverage license COP #46-00042, issued by Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, State of Florida
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 22 day of June, 2011.
CHARLIE GREEN
Clerk of the Circuit Court
(SEAL) By: M. Parker
Deputy Clerk
JEFFREY W. LEASURE, P.A.
P.O. Box 61169
Fort Myers, FL 33906
239-275-7797
July 8, 15, 2011 11-04613L