11-03457L

NOTICE OF SALE
PURSUANT TO FLORIDA
STATUTES, CHAPTER 45
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CASE NO. 10-CA-059696
BRANCH BANKING AND TRUST COMPANY, Successor in interest to Colonial Bank by acquisition of assets from the FDIC, as receiver for Colonial Bank,
Plaintiff, vs.
JALA GA LLC, a Florida limited liability company, AJAY R. PATEL, Individually, SUNALI PATEL,
Individually, GEORGE
VUKOBRATOVICH, Individually, SUSAN VUKOBRATOVICH,
Individually, et al.,
Defendants.
NOTICE IS GIVEN that pursuant to a Final Judgment of Foreclosure filed February 18, 2011, in the above-styled cause, and published in the Gulf Coast Business Review, I will sell to the highest and best bidder for cash at www.lee.realforeclose.com beginning at 9:00 a.m. on the 13 day of June, 2011, the following described property:
SEE LEGAL DESCRIPTION
OF REAL PROPERTY ATTACHED HERETO AS EXHIBIT “A”

SEE LEGAL DESCRIPTION OF PERSONAL PROPERTY ATTACHED HERETO AS EXHIBIT “B”

EXHIBIT A
Lots 1 through 11 and Tract A, Block 3574, CAPE CORAL, UNIT 47 PART 1, according to the plat thereof as recorded in Plat Book 24, Pages 5 through 11, inclusive, of the Public Records of Lee County, Florida, LESS and EXCEPT road right-of-way described in Special Warranty Deed recorded in Official Records Instrument Number 2005000033455, of said records, now platted as:

CAPRI COMMONS, as per plat thereof recorded in Official Records Instrument Number 2008000173173, of the Public Records of Lee County, Florida.

EXHIBIT B
(a) Appurtenances. The benefit of all tenements, hereditaments, easements and other rights of any nature whatsoever, if any, appurtenant to the Land or the improvements, or both, the benefit of all rights-of-way, strips and gores of land, streets, alleys, passages, drainage rights,sanitary sewer and potable water rights, stormwater drainage rights, rights of ingress and egress to the Land and all adjoining property, and any improvements of Debtor now or hereafter located on any of such real property interests, water rights and powers, oil, gas, mineral and riparian and littoral rights, whether now existing or hereafter arising, together with the reversion or reversions, remainder or remainders, rents, issues, incomes and profits of any of the foregoing (the “Appurtenances”).

(b) Improvements. All buildings, structures, betterments and other improvements of any nature now or hereafter situated in whole or in part upon the Land or on the Appurtenances, regardless of whether physically affixed thereto or severed or capable of severance therefrom (the “Improvements”).

(c) Tangible Property. All of Debtor's right, title and interest, in and to all fixtures, equipment and tangible personal property of any nature whatsoever that is now or hereafter (i) attached or affixed to the Land, the Appurtenances, or the Improvements, or (ii) situated upon or about the Land, the Appurtenances and/or the Improvements, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (iii) used, regardless of where situated, if used, usable or intended to be used, in connection with any present or future use or operation of or upon the Land. The foregoing includes: all goods and inventory, all heating, air conditioning, lighting, incinerating and power equipment; all engines, compressors, pipes, pumps, tanks, motors, conduits, wiring, and switchboards; all plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating, and communications and public address apparatus; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets, and partitions; all rugs, draperies and carpets; all laundry equipment; all building materials; all furniture (including, without limitation, any outdoor furniture), furnishings, office equipment and office supplies; and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing. The property interests encumbered and described by this paragraph are called the “Tangible Property” in this Financing Statement.

(d) Rents. All rents, issues, incomes and profits in any manner arising from the Land, Improvements, Appurtenances or Tangible Property, or any combination thereof, including Debtor's interest in and to all leases or whatsoever kind of nature, licenses, franchises and concessions of or relating to all or any portion of the Land, Appurtenances, Improvements or Tangible Property, or the operation thereof, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations thereof. The property interests encumbered and described in this subparagraph are called the “Rents” in this Financing Statement.

(e) Secondary Financing. All of Debtor's right, power or privilege to further encumber any of the Collateral described in this Exhibit, it being intended by this provision to divest Debtor of the power to encumber or to grant a security interest in any of the Collateral as security for the performance of an obligation.

(f) Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property encumbered by this Mortgage into cash or other liquidated claims, or that are otherwise payable for injury to or the taking or requisitioning of any such property, including all judgments, settlements and insurance and condemnation proceeds as provided in this Mortgage.

(g) Contract Rights. All of Debtor's right, title and interest in and to any and all contracts or leases, written or oral, express or implied, now existing or hereafter entered into or arising, in any matter related to the improvement, use, operation, sale, conversion or other disposition of any interest in the Land, Appurtenances, Improvements, Tangible Property or the Rents, or any combination thereof, including all tenant leases, sales contracts, reservation deposit agreements, any and all deposits, prepaid items, and payments due and to become due thereunder; and including, without limitation, contracts pertaining to maintenance, on-site security service, elevator maintenance, landscaping services, building or project management, marketing, leasing, sales and janitorial services; Borrower's interests as lessee in equipment leases, including telecommunications, computers, vending machines, televisions, laundry equipment; and Debtor's interests in construction contracts or documents (including architectural drawings and plans and specifications relating to the Improvements), service contracts, use and access agreements, advertising contracts and purchase orders. The property interests encumbered and described in his paragraph are called the “Contract Rights” in this Financing Statement. Notwithstanding the foregoing, Second Party will not be bound by any of Debtor's obligations under any of the foregoing contracts unless and until Secured Party elects to assume any of such contracts or leases in writing.

(h) Name. All right, title and interest of Debtor in and to all trade names, project names, logos, service marks, trademarks, goodwill, and slogans now or hereafter used in connection with the operation of the Mortgaged Property.

(i) Other Intangibles. All contract rights, commissions, money, deposits, certificates of deposit, letters of credit, documents, instruments, chattel paper, accounts, and general intangibles [as such terms from time to time are defined in the Uniform Commercial Code as adopted by the State of Florida (the “Uniform Commercial Code”), in any manner related to the construction, use, operation, sale, conversion or other disposition (voluntary or involuntary) of the Land, Appurtenances, Improvements, Tangible Property or Rents, including all construction plans and specifications, architectural plans, engineering plans and specifications, permits, governmental or quasi-governmental approvals, licenses, utility reservations and rights to receive utility services and all rights to and under fees or charges paid by or credits granted to Debtor or on its behalf in connection with the Land, Improvements and Appurtenances, developer rights, vested rights under any Planned Unit Development or Development of Regional Impact or other project, zoning, or land use approval, insurance policies, rights of action and other choses in action.

The Land, Appurtenances, Improvements and Tangible Property are collectively referred to as the “Mortgaged Property” in this Financing Statement. The portion of the property encumbered by this Financing Statement that from time to time consists of intangible personal property, except for the Rents, is called the “Intangible Property” in this Financing Statement. The Mortgaged Property, Rents, Intangible Property and any other property interests encumbered hereby are hereinafter referred to collectively as the “Collateral”. Wherever used in this Financing Statement, the use of the terms, “Mortgaged Property,” “Rents', “Intangible Property”, and “Collateral” means and includes all or any portion thereof applicable to the context.

Notwithstanding the grant of Borrower's interest in the Rents and Contract Rights above, so long as no Default shall exist hereunder or under any of the other Loan Documents, Borrower shall have a license to collect and receive all incomes arising from the operation, ownership, and maintenance of the Mortgaged Property, Rents and Contract Rights, but not more than one (1) month prior to accrual.

(j) AFTER-ACQUIRED PROPERTY. Without the necessity of any further act of Borrower or Bank, the lien of and security interest created by this Mortgage automatically will extend to and include (i) any and all renewals, replacements, substitutions, accessions, proceeds, products, additions or after-acquired property for or to the Collateral, and (ii) any and all monies, proceeds and other property that from time to time, either by delivery to Borrower or by any instrument (including this Mortgage) may be subjected to such lien and security interest by Borrower or by anyone on behalf of Borrower, or with the consent of Borrower, or which otherwise may come into the possession or otherwise be subjected to the control of Bank or Borrower pursuant to this Mortgage or the other Loan Documents.
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 Ken Kellum, Court Operations Manager whose office is located at the Lee County Justice Center 1700 Monroe Street, Ft 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 12 day of May, 2011
CHARLIE GREEN
Clerk Of The Circuit Court
(SEAL) By: S. Hughes
Deputy Court
JOHN R. DUNHAM, III, ESQ.
Lutz, bobo, telfair,
dunham & gabel
Two North Tamiami Trail, Suite 500
Sarasota, FL 34236
Attorneys for BB & T
May 27; June 3, 2011 11-03457L