12-01629L

FIRST INSERTION
NOTICE OF SALE
in the circuit court of the
TWENTIETH judicial
circuit in and for LEE county, FLORIDA
CIVIL ACTION
Case No. 2011 CA 50240
SUNTRUST BANK,
Plaintiff, v.
BILLY'S CREEK AT
FORT MYERS, L.L.C.,
ALLEN GREENWALD,
JILL GREENWALD,
SCOTT GREENWALD, and
AMY GREENWALD,
Defendants,
NOTICE is hereby given that, pursuant to a Final Judgment filed March 26, 2012, in Case Number 2011 CA 050240 in the Circuit Court of Lee County, Florida, the Clerk of Court shall offer for sale the property situate in Lee County, Florida, described as:
Parcel 1

Lot 9 of that certain subdivision known as CENTRAL CITY SUBDIVISION according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Lee County, Florida, in Plat Book 5, Page 76; and

Lot 10 of that certain subdivision known as CENTRAL CITY SUBDIVISION according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Lee County, Florida, in Plat Book 5, at Page 76; together with a fee simple interest in the following described parcel:

That part of the following described property lying East of the Southerly extension of the line common to Lots 9 and 10 of said CENTRAL CITY SUBDIVISION.

Parcel 2

Beginning at the Southeast corner of Lot 3 of that certain subdivision known as CENTRAL CITY SUBDIVISION, as per plat thereof recorded in Plat Book 5 at Page 76, Public Records of Lee County, Florida; thence Southeasterly at right angles to First Street (Being the Easterly line of said Lot 3 as extended Southerly) 50 feet; thence Northeasterly and parallel to First Street to a point that intersects with the South line of Government Lot 1 in Section 18, Township 44 South, Range 25 East; thence East along the South line of said Government Lot 1 to the Westerly bank of Billy's Creek; thence Northerly along the Westerly shore of Billy's Creek to the South line of said CENTRAL CITY SUBDIVISION; thence Southwesterly and parallel to First Street and along the Southerly line of said CENTRAL CITY SUBDIVISION to the point of beginning.

LESS THE FOLLOWING DESCRIBED PROPERTY:

Beginning one hundred fifity (150) feet Southeasterly at right angles to First Street from the Northeast corner of Lot Three (3) of CENTRAL CITY SUBDIVISION, according to the plat thereof on file and recorded in Public Records of Lee County, Florida, in Plat Book 5, at page 76, said point of beginning being the Southeasterly corner of said Lot Three (3), thence run Southeasterly at right angles to First Street Fifty (50) feet, thence run Easterly and parallel to First Street a distance of two hundred (200) feet, thence run Northerly and at right algles to First Street Fifty (50) feet, to the Southeasterly corner of lot Seven (7) of said CENTRAL CITY SUBDIVISION, thence run Westerly along the Southerly lines of Lots Four, Five, Six and Seven (4, 5, 6 and 7) of said CENTRAL CITY SUBDIVISION, and parallel to First Street, a distance of Two Hundred (200) feet to the point of beginning of the land herein conveyed.

Parcel 3

Lots 11 and 12, CENTRAL CITY, a subdivision according to the plat thereof, as recorded in Plat Book 5 at Page 76, in the Public Records of Lee County, Florida.

ALSO:

A lot or parcel of land lying in Government Lot 1, Section 18, Township 44 South, Range 25 East, described as follows:
From the Southerly side of First Street extended (being the Lee County Boulevard) at its intersection with the East boundary of the West half (W½) of the Northwest quarter (NW¼) of Section 18, Township 44 South, Range 25 East, run South-Westerly along the Southerly side of said First Street extended (Lee County Boulevard) a distance of 763 feet, to the point of beginning of the land herein described, the said point being on a tangent with the Easterly side of Isabelle Street; thence Northeasterly along the Southerly side of First Street 250 feet; thence Southeasterly at right angles with First Street extended (Lee County Boulevard) 150 feet; thence run parallel with the East boundary of the West half (W½) of the Northwest quarter (NW¼) of said Section 18, same being at the inclusive angle of 149°44' with the last mentioned line, a distance of 160 feet, more or less, to the waters of Billy's Creek; thence Northwesterly along the meanders of Billy's Creek to a point on tangent with the Easterly side of Isabelle Street; thence Northwesterly on a tangent with the East side of Isabelle Street to the point of beginning.

ALSO

Beginning at the point where the Easterly boundary line of Lot 12 of CENTRAL CITY SUBDIVISION, as recorded in Plat Book 5, Page 76 of the Public Records of Lee County, Florida intersects with the Southerly boundary line of the right-of-way of the present Palm Beach Boulevard (S.R. 80) (formerly First Street); thence run Southeasterly along said Easterly boundary line and an extension thereof of said Lot 12 a distance of 155 feet; thence run Southwesterly parallel to the Southerly boundary of said present Palm Beach Boulevard right-of-way a distance of 100 feet; thence run Northwesterly along a Southeasterly extension of the Westerly boundary line of Lot 11 of said Central City Subdivision and along said Westerly boundary line itself of said Lot 11 a distance of 155 feet to the Southerly boundary line of the present Palm Beach Boulevard right-of-way; thence run Northeasterly along the said Southerly boundary of the present Palm Beach Boulevard right-of-way a distance of 100 feet to the point of beginning.

Also known as:

Commencing at the intersection of the Southeasterly side of First Street extended (Lee County Boulevard) and the East boundary of the West Half (W½) of the Northwest quarter (NW¼) of Section 18, Township 44 South, Range 25 East; thence run S 60°00'00” W along said Southeasterly side of First Street extended (Lee County Boulevard) for 513.00 feet to the point of beginning of the following described parcel, from said point of beginning run Southeasterly at right angles to First Street Extended (Lee County Boulevard) for 150.00 feet; thence run parallel with the East boundary of the West half (W½) of the Northwest quarter (NW¼) of said Section 18, same being at the inclusive angle of 149°44'00” with the last mentioned line, a distance of 160.00 feet, more or less, to the waters of Billy's Creek; thence Northwesterly along the meanders of Billy's Creek to a point on tangent with the Easterly side of Isabelle Street; thence continue along the meanders of Billy's Creek in a Southwesterly direction to a point along the South line of Government Lot 1; thence run S 89°10'39” W along said South line of Government Lot 1 for 95.75 feet, more or less, to a point that is 50.00 feet Southeast from the Southeasterly line of Central City Subdivision, thence run N 60°00'00” E parallel to said Southeasterly line of Central City Subdivision for 79.79 feet; thence run N 30°00'00” W for 50.00 feet; thence run N 60°00'00” E for a distance of 50.00 feet; thence run N 30°00'00” W for a distance of 150.00 feet to the Southeasterly right-of-way of First Street extended (Lee County Boulevard); thence run along said Southeasterly right-of-way for a distance of 450.00 feet to the point of beginning containing approximately 97,255 square fee, or roughly 2.23 acres.

Together with all the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and any and all buildings, improvements, and fixtures existing on the real property, and any and all personal property used or ro be used in connection with the operation of any business on the property, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof, and also in all the estate, rights, title, interest, property, possession, claim and demand whatsoever of Billy's Creek of Fort Myers, L.L.C. (“Mortgagor” ,“Debtor” or “Assignor”), of, in and to the same, and every part and parcel thereof with the appurtenances.

Together with all interest in and to all present and future profits, income, and issues from the property, and each and every part and parcel thereof, and also all right, title, and interest of the Debtor under and by virtue of each and every franchise, license, permit, lease, any other documents or contractual right, written or verbal, covering any part or parcel of the premises, and any and all amendments to or modification, extensions or renewals of any of such.

Together with all buildings, improvements, fixtures, building materials, lumber, appliances, furniture, furnishings, supplies, inventory, and other personal property more particularly described as follows:

1. All machinery, apparatus, equipment, fittings, fixtures, furniture, furnishings and other personal property of any kind whatsoever and located on or used in connection with the real property described above, and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever, including, but without limiting the generality of the foregoing, all electrical heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards, plumbing, lifting; cleaning; fire prevention; fire extinguishing; refrigeration; ventilating and communications apparatus; boilers; ranges; furnaces; oil burners or units thereof; appliances; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings.

2. All of Debtor's interest in all building materials and equipment and located on the real property, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, air conditioning, brick, tile, water heaters, screens, window frames, glass doors and windows, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating, air conditioning and ventilating appliances and equipment, together with all proceeds, additions and accessions thereto and replacements thereof.

3. All of Debtor's interest as lessor in and to all leases or rental arrangements, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by Debtor, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all security deposits and advance rentals.

4. Any and all awards and payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of the street, or (c) any other injury to, taking of, or decrease in the value of the real property.

5. All of the right, title, interest of the Debtor in and to all unearned premiums secured, accruing or to accrue under any and all insurance policies, and all proceeds or sums payable for the loss or damage to real property.

6. All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction, upon, operation of or sale of the real property, including without limitation, engineer's and/or architect's contracts, drawings, plans, specifications, general contracts, floor plans, franchise agreements, contracts for the purchase of furniture, fixtures and equipment, construction contracts, addenda and modifications, and any agreements for deed and installment land contracts.

7. All of the right, title and interest of the debtor in and to all trade names and copyrights, owned by Debtor exclusively in connection with the real property.

8. All of Debtor's interest in all utility security deposits or bonds on the real property or any part or parcel thereof.

9. All permits and licenses relating to the ownership, use and operation of the real property and the improvements thereof.

10. All of Debtor's accounts (whether checking, savings or some other account), or securities in the possession of or on deposit with SunTrust Bank or any parent company or affiliate of SunTrust Bank.

11. Any and all other assets or personal property, and located on or used in connection with the real property.

Together with all right, title, and interest in and to all construction contracts, subcontracts, design contracts, architectural and engineering contracts, permits, tests (including soil tests), studies, appraisals, and plans and specifications with respect to the proposed development on the premises described above, together with all right, title and interest of Assignor in and to any and all other agreements and reservations for the purchase, lease, sale and sublease of the premises or any portion thereof; any and all governmental permits, approvals, agreements, and licenses, utility tap-on rights with respect to the premises, and such approvals and permits as may have been or may be granted by federal, state or local governmental or quasi-governmental entities, departments, or bureaus; any and all authorizations, trade names, trademarks, service marks, copyrights, promotional and advertising materials, developed for, used or to be used in connection with the premises, plats and surveys; and any and all other right, title and interest in any and all tanglible and intangible rights with respect to development and use of the premises which the Assignor may acquire.
at Public Sale, on April 26, 2012, to the highest and best bidder for cash at: By electronic sale beginning at 9:00 a.m. on the prescribed date at www.lee.realforeclose.com.
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.
Dated: March 27, 2012.
CHARLIE GREEN
clerk of court
lee county, florida
(SEAL) By M. Parker
As Deputy Clerk
Attorney for Plaintiff:
Ronald L. Collier, Esquire
P.O. Box 49948
Sarasota, FL 34230
April 6, 13, 2012 12-01629L