12-1188C

FIRST INSERTION
AMENDED NOTICE OF
FORECLOSURE SALE
IN THE CIRCUIT COURT OF
THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
Case No. 11-CA-3308
REGIONS BANK, an Alabama state chartered bank, as successor by merger to AmSouth Bank,
Plaintiff, v.
LAKEVIEW DRIVE OF NAPLES, LLC, a Florida limited liability company,
Defendant.
NOTICE IS HEREBY GIVEN pursuant to a Summary Final Judgment of Foreclosure dated February 15, 2012, and entered in Case No. 11-2011-CA-003308 of the Circuit Court for Collier County, Florida, I will sell to the hgihest and best bidder for cash at the First Floor of the Courthouse Annex Atrium of the Collier County Courthouse, 3315 Tamiami Trail East, Naples, FL 34112, at 11:00 a.m. and on the 2 day of May, 2012, the following described property as set forth in said Summary Final Judgment:

EXHIBIT “A”

The real and personal property involved in this suit comprises the real property located in Collier County, Florida described as follows (the “Land”):

Parcel 1

A portion of the Northwest quarter of Section 14, Township 50 South, Range 25 East and a portion of the Southwest quarter of Section 11, Township 50 South, Range 25 East and the West 330.00 feet of Lot 42, Naples Groves and Truck Co.'s Little Farms No. 2, as recorded in Plat Book 1, Page 27, of the public records of Collier County, Florida, all being more particularly described as follows:
Begin at the North quarter corner of said Section 14; thence South 00° 13' 02” East, 1331.46 feet along the West boundary of Gulf Shores, as recorded in Plat Book 4, Page 50 of said Naples Groves and Truck Co.'s Little Farms No. 2, the same being the North-South quarter section line of said Section 14 to the Northeast corner of Windstar, as recorded in Plat Book 14, Pages 11 through 15 of said public records; thence along the boundary of said Windstar the following courses: South 89° 35' 14” West, 330.45 feet; thence North 00° 13' 07” West, 462.39 feet; thence North 89° 35' 11” East, 30.47 feet; thence North 00° 13' 07” West, 1389.23 feet; thence South 89° 34' 18” West, 314.39 feet; thence South 68° 04' 16” West, 50.12 feet; thence leaving the boundary of said Windstar, North 00° 17' 06” West, 197 feet, more or less, along the West boundary of the Southeast quarter of the Southeast quarter of the Southwest quarter of said Section 11 to the South bank of Haldeman Creek; thence meander Easterly along said South bank to its intersection with the North-South quarter section line of said Section 11 and the West boundary of Demere Landing as recorded in Plat Book 4, page 14, of said public records; thence South 00° 18' 15” East, 164 feet, more or less, along said quarter section line and West boundary of said Demere Landing to the Southwest corner of said Demere Landing and the Northwest corner of Lot 42 of said Naples Groves and Truck Co.'s Little Farms No. 2; thence North 89° 30' 34” East, 330.00 feet along the South boundary of said Demere Landing and the North boundary of said Lot 42; thence South 00° 18' 15” East, 337.30 feet, parallel with the West boundary of said Lot 42, to the South boundary of said Lot 42 and the North boundary of said Gulf Shores; thence South 89° 27' 51” West, 330.00 feet, along the South boundary of said Lot 42 and the North boundary of said Gulf Shores to the Southeast corner of said Lot 42, the Northwest corner of said Gulf Shores and the North-South quarter section line of said Section 11; thence South 00° 18' 15” East, 334.79 feet along said quarter section line and the West boundary of said Gulf Shores to the Point of Beginning.

Less and Except

Commencing at the North 1/4 corner of Section 14, Township 50 South, Range 25 East, Collier County, Florida; thence along the North-South quarter section line of said Section 14, South 00° 13' 02” East, 1001.74 feet to the Point of Beginning of the herein described parcel; thence continuing along the North-South quarter section line, South 00° 13' 02” East, 329.53 feet; thence South 89° 35' 14” West, 330.47 feet; thence North 00° 13' 07” West, 329.53 feet; thence North 89° 35' 14” East, 330.47 feet to the Point of Beginning.

AND

Parcel 2
Commencing at the North 1/4 corner of Section 14, Township 50 South, Range 25 East, Collier County, Florida; thence along the North-South quarter section line of said Section 14, South 00° 13' 02” East, 1001.74 feet to the Point of Beginning of the herein described parcel; thence continuing along the North-South quarter section line, South 00° 13' 02” East, 329.53 feet; thence South 89° 35' 14” West, 330.47 feet; thence North 00° 13' 07” West, 329.53 feet; thence North 89° 35' 14” East, 330.47 feet to the Point of Beginning.
Including and together with the real and personal property described in the following instruments:
(i) that certain Mortgage and Security Agreement executed by LAKEVIEW DRIVE OF NAPLES, LLC (“Borrower”) in favor of AmSouth Bank (“AmSouth”), recorded in O.R. Book 3101 at page 1932 of the Public Records of Collier County, Florida (the “Records”), as modified by operation of (A) Notice of Future Advance executed by Borrower and AmSouth recorded in O.R. Book 3667 at page 526 of the Records, (B) Notice of Future Advance and Spreader Agreement executed by Borrower and AmSouth, recorded in O.R. Book 3759 at page 1380 of the Records, (C) Notice of Future Advance executed by Borrower and AmSouth, recorded in O.R. Book 3974 at page 4033 of the Records, and (D) Mortgage Modification Agreement and Notice of Future Advance executed by Borrower and Regions Bank, as successor by merger to AmSouth (“Lender”), recorded in O.R. Book 4327 at page 1834 of the Records (collectively, the “Modification Agreements”);
(ii) that certain Assignment of Leases, Rents and Profits recorded in O.R. Book 3101 at page 1945 of the Records, as modified by the Modification Agreements;
(ii) that certain (A) UCC-1 Financing Statement filed with the Florida Secured Transaction Registry as Initial Filing No. 200202593884, as continued by UCC-3 Financing Statement Amendment filed with the Florida Secured Transactions Registry as Filing No. 200706897925, as amended by UCC-3 Financing Statement Amendment filed with the Florida Secured Transactions Registry as Filing No. 201002406968, (B) UCC-1 Financing Statement filed with the Florida Secured Transaction Registry as Initial Filing No. 20100240695X, (C) UCC-1 Financing Statement recorded in O.R. Book 3101 at page 1950 of the Records, as amended by UCC-3 Financing Statement recorded in O.R. Book 4549 at page 1975 of the Records, and (D) UCC-1 Financing Statement recorded in O.R. Book 3759 at page 1384 of the Records, as amended by UCC-3 Financing Statement recorded in O.R. Book 4579 at page 1979 of the Records; and
(iii) that certain Collateral Assignment of Interests in Agreements Affecting Real Estate dated January 30, 2008, from Borrower to Lender;

Including and together with the following real and personal property:

(a) Any and all buildings and other improvements, and all fixtures in or on such buildings and other improvements, now or hereafter situated on the Land, and all additions thereto and all renewals, replacements and replenishments thereof, including all personal property, the heating and air conditioning units, equipment, machinery, ducts and conduits, whether detachable or not, now or hereafter located in and about the Land, and all additions thereto and all renewals, replacements and replenishments thereof, and personal property now and hereafter located thereon (collectively, the “Improvements” and, together with the Land, the “Property”);

(b) All and singular the tenements, hereditaments and appurtenances thereto belonging or in anywise thereunto appertaining, including riparian and/or littoral rights, all permits and licenses for maintaining and using the Property, any easements benefiting or serving the Property, any reversionary interest in any roads or streets, and any rights in any easements benefiting and serving the Property or any portions thereof, and the rents, issues and profits thereof, and also all the estate, right, title, interest and all claim and demand whatsoever, as well in law as in equity, of Borrower in and to the same, including but not limited to all rents, issues, profits, revenues, royalties, rights and benefits derived from the Property from time to time accruing, whether now existing or hereafter created;

(c) All of Borrower's right, title and interest as lessor under any leases now or hereafter existing in and to the Property and all the rents, issues and profits now or hereafter to become due and derived from such Property;

(d) All sewer rights, water rights and powers, development rights, air rights, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way belonging, relating to or appertaining to the Property, or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Borrower (including without limitation all condemnation awards, insurance proceeds, payments under leases and tenancies, sale proceeds, purchase or earnest money deposits, tenant security deposits, escrow funds, and all proceeds, claims, causes of action and recoveries arising on account of any damage to or taking of, or for any loss or diminution in the value of the Property, or any part thereof or interest therein);

(e) All rents, royalties, issues, profits, revenues, income, accounts, accounts receivable, contract rights, chattel paper, instruments, documents, general intangibles, choses in action, causes of action and other intangible personal property of the Borrower of every kind and nature whatsoever whether now existing or hereafter acquired, which pertain to, arise from or in connection with, or are related to the Property and/or the Personal Property or the operation or use thereof or the leasing or sale of any portion thereof or interest therein, whether now existing or hereafter arising or acquired, including without limitation (i) all insurance policies and all proceeds and choses in action arising under any insurance policies, including any rights to any refunds for premiums, (ii) accounts and other rights now existing or hereafter arising under leases, licenses or under any service contracts, (iii) any trademarks, logos, service marks, telephone numbers, designs, patents, patent applications, good will, copyrights, registrations, licenses, franchises, tax refund claims and any security now or hereafter held by or granted to the Borrower to secure payment of any of the accounts, (iv) any permits from, permit applications to, or franchises from any governmental authority or private party, (v) any and all contracts, whether now existing or hereafter arising, for the sale of all or any part of the Property or any interest therein, including without limitation all preconstruction contracts for the sale of condominium units to be constructed upon the Property, and (vi) any escrow accounts and funds, trust accounts and funds and earnest money deposits, and all rights of Borrower to the receipt thereof, arising out of or with respect to any agreement for the sale of the Property or any portion thereof or interest therein, including without limitation the sale of any and all condominium units now existing or hereafter created upon the Property;

(f) All purchase agreements, escrow agreements, earnest money and earnest money deposits and accounts, relating to the sale or proposed sale of any portion of the Property (including, without limitation, the Improvements), whether now existing or hereafter arising, and Borrower's right to receive the earnest money and other funds paid or deposited by the purchasers under the aforementioned purchase agreements, whether now existing or hereafter arising;

(g) All construction contracts and agreements, now or hereafter existing, relating in any way to the construction of the Improvements;

(h) All site plans and surveys of all or any part of the Property now existing or hereafter made;

(i) All architects' and engineers' contracts, drawings, plans, specifications, working drawings, site plans, management agreements, surveys, bonds and sureties, and all amendments, revisions and modifications thereto, now or hereafter existing, relating in any way to the design or construction of the Improvements;

(j) All building permits, licenses, approvals, development orders, development of regional impact orders, conditional use permits, franchises, certificates of occupancy, water and sewer taps, utilities agreements and all other governmental permits, consents, approvals and agreements pertaining or applicable to, or relating in any way to, the present or future development, occupancy, operation or use of the Property, whether now existing or hereafter arising;

(k) Any and all business or trade names now or hereafter used or adopted in connection with the Property;

(l) All unexpired warranties and guaranties covering the Property and/or Personal Property, whether now existing or hereafter arising;

(m) All maintenance and service contracts relating to the Property, whether now existing or hereafter arising;

(n) All equipment leases and other leases entered into with respect to the Property, whether now existing or hereafter arising;

(o) All judgments, awards of damages, and settlements hereafter made resulting from condemnation proceedings or the taking of any of the foregoing or any part thereof or any right or privilege accruing thereto, including without limitation any and all payments from voluntary sale in lieu of condemnation or the exercise of eminent domain;

(p) All proceeds, products and replacements of and accessions to any of the foregoing;

(q) That certain Club Membership Purchase Agreement with Windstar Club, Inc. dated March 29, 2005, and any and all memberships transferred to or held by Borrower thereunder as well as any and all future purchase agreements entered into by Borrower for sale of any portion of the Property and/or said memberships;

(r) All licenses, leases, permits, approvals, certificates, and agreements with or from all boards, agencies, departments, governmental or otherwise, relating directly or indirectly to the ownership, use, operation and maintenance of the Property, whether heretofore or hereafter issued or executed;

(s) All contracts, subcontracts, agreements, service agreements, warranties and purchase orders which have heretofore been or will hereinafter be executed by or on behalf of the Borrower in connection with the use, operation, refurbishment and maintenance of the Property; and

(t) All architectural and engineering plans and specifications, shop drawings, and other material used or prepared in connection with the Property.
Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of 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 Mark A. Middlebrook, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (239) 252-8800, 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.”
WITNESS my hand and the seal of this Court on March 13, 2012.
DWIGHT E. BROCK
Clerk of the Circuit and County Court
By: Gina Burgos
Deputy Clerk
LORI V. VAUGHAN
TRENAM KEMKER
Post Office Box 1102
Tampa, FL 33601
Telephone (813) 223-7474
[email protected]
April 13, 20, 2012 12-1188C