11-06447L

FIRST INSERTION
NOTICE OF SALE
in the circuit court of the TWENTIETHjudicial circuit in and for LEE county, FLORIDA
Case No.: 10-CA-000834
PNC BANK, a National
Association,
Plaintiff, vs.
JACQUELINE A. STREIT, AS EXECUTOR OF THE ESTATE OF EDWARD F. STREIT,
JACQUELINE A. STREIT, AS
SUCCESSOR TRUSTEE OF THE EDWARD F. STREIT TRUST DATED MAY 17, 2004 and LEE COUNTY, a political subdivision of the State of Florida,
Defendants.
Notice is hereby given that, pursuant to the Final Judgment of Foreclosure filed October 11, 2011, in the above-styled cause, the Clerk of the Circuit Court, will sell the following real property (and any personal property situated thereon) in Lee County, Florida, and more particularly described as:
SEE ATTACHED EXHIBIT A AND EXHIBIT B

EXHIBIT A

A tract or parcel of land lying in undivided Lot C, Unit 4, TRAILWINDS, according to the plat recorded in Plat Book 19, pages 170 and 171, of the Public Records of Lee County, Florida and in the South one-half fo the Southwest quarter of Section 12, Township 45 South, Range 24 East, described as follows:

From the Southwest corner of Lot 12, Block I of said Unit 4, Trailwinds, run North 89Ëš34'30” East along the South line of said Block 1 for 530 feet; thence continue North 89Ëš34'30” East along the South line of Block 1 as shown on the plat of Unit 3, Trailwinds, recorded in Plat Book 22, page 136 of said Public Records for 50 feet; thence South 00Ëš25'30” East perpendicular to said South line of said Block 1 for 314 feet; thence South 89Ëš34'30” West parallel with the said South line of Block 1 to an intersection with the East line of Beacon Boulevard as shown on said plat of Unit 4, Trailwinds, thence run northerly along said East line of said Beacon Boulevard to the corner common to Lots 8 and 9, Block 1 of said Unit 4, Trailwinds, thence run North 87Ëš29'10” East along the line common to said Lots 8 and 9 a distance of 127.30 feet; thence run North 10Ëš41'50” East along the line common to Lots 9 and 10 of said Block 1 and undivided Lot C to the Point of Beginning.

EXHIBIT B
This description of “Personal Property” subject to Plaintiff's liens will use the following defined terms:

“Lender” shall refer to Plaintiff and to any of its successors and assigns who may later own and/or hold the lien rights being foreclosed upon in these proceedings.

“Borrower” shall refer to “Edward F. Streit” and also to his successors and assigns, and/or to all owners of any of the Real Estate described in Exhibit “A” of this Judgment filed herein.

“Real Estate” shall refer to the Real Property described in Exhibit “A” of this Judgment filed herein.

“Mortgage” shall refer to the Mortgage and the Amended Mortgage identified in Paragraphs 6 & 8 of the Complaint filed in these proceedings.

“Premises.” The Real Estate, Fixtures and Improvements and all of the other property described in granting clauses (a) through (h) above are collectively referred to as the “Premises.”
The following “Personal Property” is subject to Lender's liens.

(a) Reversions. All estate, right, title, and interest of Borrower, if any, including any after-acquired title or reversion, in and to the beds of the ways, streets, avenues, vaults, roadways, strips and gore, and alleys of adjoining or within the boundaries of the Real Estate;

(b) Other Property Rights. All and singular the tenements, hereditaments, easements, licenses, minerals, appurtenances, passages, waters, water courses, riparian, irrigation and drainage rights, and other rights, liberties and privileges in any way now or hereafter appertaining, including homestead and any other claim at law or in equity as well as any remainders; property and rights, if any, which by the express provisions of the Mortgage are required to be subjected to the lien and any additional property and rights that from time to time, by installation or writing of any kind, may be subjected to the lien by Borrower or by anyone on Borrower's behalf;

(c) Access Rights. All rights in and to common areas and access roads on adjacent land heretofore or hereafter granted to Borrower and any after-acquired title or reversion;

(d) Improvements. All buildings and improvements of every kind and description now or hereafter erected or placed thereon and all materials intended for construction, reconstruction, alteration, and repairs of any improvements now or hereafter erected thereon, all of which materials shall be deemed to be included within the Real Estate immediately upon the delivery to the Real Estate (The property described in this Section (d) is referred to as the “Improvements”);

(e) Fixtures. All fixtures and personal property now or hereafter owned by Borrower and attached to or contained in and used in connection with the Real Estate; furniture and furnishings used in the operations of the Premises; and all additions and renewals or replacements or articles in substitution therefor, whether or not the same are or shall be attached to the building or buildings in any manner (The property described in this Section (e) is referred to as the “Fixtures”);

(f) Proceeds. All proceeds or sums payable in lieu of or as compensation for the loss of or damage to the Real Estate and Improvements, all rights in and to all present and future fire and other insurance policies pertaining to the Real Estate and Improvements, any sums at any time on deposit for the benefit of Lender or Borrower or held by Lender (whether deposited by or on behalf of Borrower or anyone else) pursuant to any of the provisions of the Mortgage and all awards, compensation, damages and/or proceeds paid or to be paid in connection with, or in lieu of, any condemnation, eminent domain, change of grade or similar proceeding for the taking or for the degradation in the value of all or any part of the Real Estate and Improvements; and

(g) Documents and Intangibles. All contracts, documents, agreements, contract rights and general intangibles relating to design, development, operation, construction upon, management, leasing, sale and use of the Real Estate and Improvements including:

(i) all names under which or by which the Real Estate and/or Improvements may at any time be owned and operated, or any variation thereof, and all goodwill in any way relating to the Real Estate and Improvements and all service marks and logo types used in connection therewith,
(ii) all permits, licenses, authorizations, variances, land use entitlements, approvals, consents, clearances and rights obtained from governmental agencies or other governmental authorities issued or obtained in connection with the Real Estate and/or Improvements,
(iii) all permits, licenses, approvals, consents, authorizations, franchises and agreements issued or obtained in connection with the development, construction upon, use, occupation, leasing, sale or operation of the Real Estate and/or Improvements,
(iv) all materials prepared for filing or filed with any governmental agency or other governmental authority,
(v) all plans, specifications, drawings, maps, surveys, studies, architectural, engineering and constructions contracts, management and leasing contracts and other agreements and documents, of whatever kind of character, relating to the use, construction upon, occupation, leasing, sale or operation of the Real Estate, the Improvements, and/or the Fixtures, whether now existing or later entered into, and in, to and under any amendments, supplements, modifications and additions, extensions and renewals and substitutions, and
(vi) the books and records of Borrower relating to design, development, construction, operation or management of the Real Estate and/or Improvements.

(h) Assignment of Rents and Leases. All of the Borrower's interest and rights as lessor in and to all leases, whenever executed, affecting the Real Estate and/or the Improvements or any part thereof, whether written or verbal, and all rents, leases, proceeds and profits accruing and to accrue from the Real Estate and/or the Improvements, whether payable pursuant to any present or future leases or otherwise arising out of any letting of or any agreement for the sale, occupancy or use of the Real Estate and/or the Improvements or any portion which may have been heretofore or hereafter made or agreed to by Borrower, together with any deposits and profits now due and/or which may become due and any guaranties executed in connection therewith (which are pledged primarily and on a parity with the Real Estate, and not secondarily).
at a public sale, to the highest and best bidder for cash, on the 10th day of November, 2011, via Internet at www.lee.realforeclose.com beginning at 9:00 a.m..
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 60 days after the sale.
Pursuant to Florida Statute 45.031(2), this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least 5 days prior to the sale. This notice will be published in the Gulf Coast Business Review.
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.
CHARLIE GREEN
LEE CO. CLERK OF CIRCUIT COURT
(SEAL) By: M. Parker
Dated October 19, 2011
DATED this 17 day of October, 2011.
KIMBERLY J. GUSTAFSON
Florida Bar Number: 180890
carlton fields, p.a.
200 Central Avenue, Suite 2300
St. Petersburg, Florida 33701
Telephone: (727) 821-7000
Facsimile: (727) 822-3768
Attorneys for Plaintiff
Oct. 28; Nov. 4, 2011 11-06447L