12-01626L

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 11-CA-052107
FANNIE MAE, a corporation
organized and existing under the Federal National Mortgage
Association Charter Act, 12 U.S.C.
§ 1716, et seq., as amended,
Plaintiff, vs.
SOUTHWEST SUNSHINE
REALTY I LLC, a Florida limited liability company; JEFFREY A. MCKEE, individually; and
JONATHAN M. PYTNIA, a/k/a JONATHAN M. PYTYNIA,
individually,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to the Final Judgment of Foreclosure entered in the above-styled cause, the Clerk of the Court will sell the real property and personal property in Lee County, Florida, more particularly described as follows:
Lot 15 and Lot 16, Block 9, Stadler's Central Heights, according to the map or plat thereof recorded in Plat Book 4, at page 64, of the public records of Lee County, Florida.

AND
All present and future right, title, and interest of Southwest Sunshine Realty I LLC, (“Borrower”) in and to all of the following (collectively, the “Mortgaged Property”)

1. The land (the “Land) described in Exhibit “A” to the Multifamily Mortgage, Assignment of Rents and Security Agreement given by Borrower to LaSalle Bank National Association, dated as of August 21, 2006, and recorded September 1, 2006, as instrument 2006000342758, of the public records of Lee County, Florida, (the “Mortgage”). “

2. The buildings, structures, improvements, and alterations now constructed or at any time in the future constructed or placed upon the Land, including any future replacements and additions (collectively, the “Improvements”).

3. All property which is so attached to the Land or the Improvements as to constitute a fixture under applicable law, including: machinery, equipment, engines, boilers, incinerators, installed building materials; systems and equipment for the purpose of supplying or distributing heating, cooling, electricity, gas, water, air, or light; antennas, cable, wiring and conduits used in connection with radio, television, security, fire prevention, or fire detection or otherwise used to carry electronic signals; telephone systems and equipment; elevators and related machinery and equipment; fire detection, prevention and extinguishing systems and apparatus; security and access control systems and apparatus; plumbing systems; water heaters, ranges, stoves, microwave ovens, refrigerators, dishwashers, garbage disposers, washers, dryers and other appliances; light fixtures, awnings, storm windows and storm doors; pictures, screens, blinds, shades, curtains and curtain rods; mirrors; cabinets, paneling, rugs and floor and wall coverings; fences, trees and plants; swimming pools; and exercise equipment (collectively, the “Fixtures”).

4. All equipment, inventory, general intangibles which are used now or in the future in connection with the ownership, management or operation of the Land or the Improvements or are located on the Land or in the Improvements, including furniture, furnishings, machinery, building materials, appliances, goods, supplies, tools, books, records (whether in written or electronic form), computer equipment (hardware and software) and other tangible personal property (other than Fixtures) which are used now or in the future in connection with the ownership, management or operation of the Land or the Improvements or are located on the Land or in the Improvements, and any operating agreements relating to the Land or the Improvements, and any surveys, plans and specifications and contracts for architectural, engineering and construction services relating to the Land or the Improvements and all other intangible property and rights relating to the operation of, or used in connection with, the Land or the Improvements, including all governmental permits relating to any activities on the Land (collectively, the “Personalty”).

5. All current and future rights, including air rights, development rights, zoning rights and other similar rights or interests, easements, tenements, rights-of-way, strips and gores of land, streets, alleys, roads, sewer rights, waters, watercourses, and appurtenances related to or benefitting the Land or the Improvements, or both, and all rights-of-way, streets, alleys and roads which may have been or may in the future be vacated;


6. All proceeds paid or to be paid by any insurer of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property, whether or not Borrower obtained the insurance pursuant to Lender's requirement;

7. All awards, payments and other compensation made or to be made by any municipal, state or federal authority with respect to the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property, including any awards or settlements resulting from condemnation proceedings or the total or partial taking of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property under the power of eminent domain or otherwise and including any conveyance in lieu thereof;

8. All contracts, options and other agreements for the sale of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property entered into by Borrower now or in the future, including cash or securities deposited to secure performance by parties of their obligations;

9. All proceeds from the conversion, voluntary or involuntary, of any of the above into cash or liquidated claims, and the right to collect such proceeds;

10. All rents (whether from residential or non-residential space), revenues
and other income of the Land or the Improvements, including subsidy payments received from any sources (including, but not limited to payments under any Housing Assistance Payments Contract), parking fees, laundry and vending machine income and fees and charges for food, health care and other services provided at the Mortgaged Property, whether now due, past due, or to become due, and deposits forfeited by tenants;

11. All present and future leases, subleases, licenses, concessions or grants or other possessory interests now or hereafter in force, whether oral or written, covering or affecting the Mortgaged Property, or any portion of the Mortgaged Property (including proprietary leases or occupancy agreements if Borrower is a cooperative housing corporation) (individually, a “Lease”), and all modifications, extensions or renewals;

12. All earnings, royalties, accounts receivable, issues and profits from the Land, the Improvements or any other part of the Mortgaged Property, and all undisbursed proceeds of the loan secured by the Mortgage and, if Borrower is a cooperative housing corporation, maintenance charges or assessments payable by shareholders or residents;

All amounts deposited by Borrower to pay, when due (1) any water and sewer charges which, if not paid, may result in a lien on all or any part of the Mortgaged Property, (2) the premiums for fire and other hazard insurance, rent loss insurance and such other insurance required under the Mortgage, (3) taxes, assessments, vault rentals and other charges, if any, general, special or otherwise, including all assessments for schools, public betterments and general or local improvements, which are levied, assessed or imposed by any public authority or quasi-public authority, and which, if not paid, will become a lien, on the Land or the Improvements, and (4) amounts for other charges and expenses deemed necessary under the Mortgage to protect the Mortgaged Property, to prevent the imposition of liens on the Mortgaged Property, or otherwise to protect the lender's interests, (collectively, the “Imposition Deposits”). The obligations of Borrower for which the Imposition Deposits are required are collectively referred to as “Impositions”;

13. All refunds or rebates of Impositions by any municipal, state or federal authority or insurance company (other than refunds applicable to periods before the real property tax year in which the Mortgage is dated);

14. All tenant security deposits which have not been forfeited by any tenant under any Lease; and

15. All names under or by which any of the above Mortgaged Property may be operated or known, and all trademarks, trade names, and goodwill relating to any of the Mortgaged Property.
all via a public auction conducted online at www.lee.realforeclose.com on April 25, 2012, 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 Section 45.031(2) of the Florida Statutes, this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least five days prior to the sale.
Witness my hand and the official seal of this Court on 27 March, 2012.
CHARLIE GREEN
Clerk of Circuit Court
(SEAL) By: K. Dix
Deputy Clerk
Joel B. Giles, Esquire
Hywel Leonard, Esquire
Carlton Fields, P.A.
P. O. Box 3239
Tampa, Florida 33601-3239
April 6, 13, 2012 12-01626L