12-01627L

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-051919
M & I MARSHALL & ILSLEY BANK, a Wisconsin state-chartered banking corporation successor in interest by merger of Gold Bank,
Plaintiff, vs.
OLD CORKSCREW GOLF CLUB, LLC, f/k/a OLD CORKSCREW PLANTATION GOLF CLUB, LLC, a Florida limited liability company, OLD CORKSCREW GOLF CLUB OPERATIONS, INC., a Florida corporation, et al.,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Summary Final Judgment of Foreclosure entered in the above-styled cause in the Circuit Court of Lee County, Florida, I will sell the following property situated in Lee County, Florida, described as:
SEE “EXHIBIT A” ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF AS IF SPECIFICALLY SET FORTH HEREIN,

EXHIBIT A

LEGAL DESCRIPTION

PARCEL 1:

The West One-Half of Section 25, Township 46 South, Range 26 East, Lee County, Florida;

LESS AND EXCEPT the Southeast One Quarter (SE 1/4) of the Southwest One Quarter (SW 1/4);

LESS AND EXCEPT the Southeast One Quarter (SE 1/4) of the Northeast One Quarter (NE 1/4) of the Southwest One Quarter (SW 1/4);

AND LESS AND EXCEPT:

A TRACT OF LAND LYING IN THE STATE OF FLORIDA, COUNTY OF LEE, IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 26 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 26 EAST; THENCE S.00Ëš34'15”E. ALONG THE WEST LINE OF SAID SECTION 25, A DISTANCE OF 50.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CORKSCREW ROAD AND THE POINT OF BEGINNING; THENCE N.89Ëš03'20”E., ALONG THE SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 982.68 FEET; THENCE S.00Ëš56'40”E. LEAVING SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 820.29 FEET; THENCE S.89°03'20”W., A DISTANCE OF 447.82 FEET; THENCE N.00°56'40”W., A DISTANCE OF 115.94 FEET; THENCE S.89°03'20”W., A DISTANCE OF 63.75 FEET; THENCE S.00°56'40”E., A DISTANCE OF 115.94 FEET; THENCE S.89°03'20”W., A DISTANCE OF 476.46 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE N.00°34'15”W. ALONG SAID WEST LINE, A DISTANCE OF 620.30 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF CORKSCREW ROAD AND THE POINT OF BEGINNING.

PARCEL 2:

All that part of Section 25, Township 46 South, Range 26 East, Lee County, Florida, being more particularly described as follows:

The Northwest one-quarter (NW 1/4) of the Southeast one-quarter (SE 1/4) of the Southwest one quarter (SW 1/4) of said Section 25


TOGETHER WITH the benefit of all tenement, hereditaments, easements and other rights of any nature whatsoever appurtenant to the land or the buildings, structures, betterments and other improvements situated on any part of the land, 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 Old Corkscrew Golf Club, LLC f/k/a Old Corkscrew Plantation Golf Club, LLC, and Old Corkscrew Plantation Golf Club Operations, Inc., (hereafter “Borrowers”) located on the land interests, water and watering rights and powers, oil, gas, mineral and riparian and littoral rights together with the reversion or reversions, remainder or remainders, rents, issues, incomes and profits of any of the foregoing, all buildings, structures, betterments and other improvements of any nature, all fixtures including fixtures delivered to the real property or in any way related to the construction, improvement, operation or maintenance of the property and all renewals or replacements thereof or articles in substitution thereon, equipment, including but not limited to irrigation equipment, and tangible personal property, all water, and water rights, all machinery, materials, and tangible and intangible personal property associated with any of the foregoing, all of the foregoing described real and personal property, intangibles and other collateral, collectively, being considered a part of and hereafter referred to as the “Property” or the “Land.”

TOGETHER WITH all right, title and interest of Borrowers in and to all fixtures, equipment and tangible personal property of any nature whatsoever that is now or hereafter attached, affixed to, or grown on, the Land, the appurtenances, or the improvements, or situated upon or about the Land, appurtenances and/or the improvements, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or 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, including all goods and inventory, all heating, air conditioning, lighting, incinerating and power equipment; all engines, compressors, pipes, pumps, tanks, motors, ladders, 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 (but not including furniture, furnishings or office equipment in units used as models or sales offices); all farm products, citrus and other fruits and vegetables, trees, orchards, plants, growing crops, vegetation and all rights related thereto; pesticide, spraying devices, ladders, saws, trimming and pruning devices, farm equipment, sprinklers, irrigation pumps, electric motors, engines, pipes and all other irrigation equipment and systems now or hereafter installed or placed on the Land and all other related equipment and machinery, and other items used or useful in connection with the growing or harvesting of fruits or vegetables; all other agricultural products; and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing;

TOGETHER WITH all rents, issues, incomes and profits in any manner arising from the Land, improvements, appurtenances or tangible property, or any combination thereof including Borrowers' interests in and to all leases of whatsoever kind or 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;


TOGETHER WITH all proceeds of the conversion, voluntary or involuntary, of any of the property 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;

TOGETHER WITH all of Borrowers' 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, contracts relating to any crop or fruit grown on the Land, Borrowers' right title and interest in and to 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, Borrowers' interests as lessees in equipment leases, including telecommunications, computers, vending machines, model furniture, televisions, laundry equipment; Borrowers' 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 (but without the obligations under any of the foregoing);

TOGETHER WITH all right, title and interest of Borrowers in and to all trade names and project names, including but not limited to “Old Corkscrew Golf Club”, all logos, service marks, trademarks, goodwill, and slogans now or hereafter used in connection with the operation of the Mortgaged Property; 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 Borrowers or on their 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; provided, however, with respect to reservation deposits, earnest money deposits and down payments made by purchasers or potential purchasers of any or all of the Land or related thereto, this assignment and security interest shall be limited to the right, title and interest of Borrowers, if any, in such reservation deposits, earnest money deposits and down payments.

TOGETHER WITH all proceeds acquired upon the sale, lease, license, exchange or other disposition of the following property and any rights and claims arising from the property and any collections and distributions on account of the following property, including but not limited to all inventory held for ultimate sale or lease, or which has been or will be supplied under contracts of services, or which are raw materials, work in process, or materials used or consumed in the business and operation of the property, all rights now or in the future to payments including, but not limited to payments for property or services sold, leased, rented, licensed or assigned, to include any rights and interests (including all liens and security interests) by law or agreement against any account debtor or obligor; all general intangibles, including, but not limited to tax refunds, applications for patents, patents, copyrights, trademarks, trade secrets, good will, trade names, customer lists, permits and franchises, payment intangibles, computer programs and all supporting information provided in connection with a transaction relating to computer programs and the right to use of the name of debtor; all equipment, including but not limited to all machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop equipment, office and record-keeping equipment and parts and tools; and specifically includes, but not limited to, all proceeds and instruments which would constitute accounts receivables from the sale of Class B offerings of Limited Liability Company of Member Units pursuant to that certain Private Placement Memorandum dated September 9, 2005 (the “A/R”); and

TOGETHER WITH all accounts and other rights to payment whether or not earned by performance, and including, but not limited to, payment for property or services sold, leased, rented, licenses or assigned, chattel paper, inventory, equipment, instruments, investment property, documents, deposit accounts, money, letter of credit rights, general intangibles, payment intangibles, software, supporting obligations, and to the extent not included in the foregoing as original collateral, the proceeds and products of the foregoing; all farm products, including but not limited to all crops, annual or perennial, and all products of such crops, and all feed, seed, fertilizer, chemicals, medicine and other supplies used or produced in Borrowers' farming operations, and to the extent not included in the foregoing as original collateral, the proceeds and products of the foregoing; and all payments, right to payment whether or not earned by performance, accounts, general intangibles and benefits, including but not limited to payments in kind, deficiency payments, letters of entitlement, storage payments, emergency assistance, diversion payments, production flexibility contracts, contract reserve payments, under or from any preexisting, current or future federal or state government program and, to the extent not included in the foregoing as original collateral, the proceeds and products of the foregoing.
at public sale, to the highest and best bidder, for cash, on April 23, 2012, at 9:00 a.m., on the Lee County Public Auction website: www.lee.realforeclose.com after having first given notice as required by Section 45.031, Florida Statutes.
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.
DATED on March 26, 2012.
CHARLIE GREEN
CLERK OF THE CIRCUIT COURT
(SEAL) By: S. Hughes
Deputy Clerk
ALICE R. HUNEYCUTT, ESQUIRE
Post Office Box 3299
Tampa, Florida 33601
Phone: (813) 223-4800
April 6, 13, 2012 12-01627L