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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 11-CA-052825
FIFTH THIRD BANK, an Ohio banking corporation,
Plaintiff, vs.
PINES EXECUTIVE SUITES, LLC, a Florida limited liability company; BRUCE BOSSOW, an individual; and BRUCE BOSSOW, as Trustee of the Bruce Bossow Loving Trust,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a final judgment of foreclosure entered in the above-entitled cause in the Circuit Court of Lee County, Florida, I will sell to the highest bidder for cash, in an online sale at www.lee.realforeclose.com, at 9:00 a.m. on the 3 day of May, 2012, the following described property set forth in the Final Judgment of Foreclosure Against Pines Executive Suites, LLC:
SEE EXHIBITS “A” and “B”
ATTACHED HERETO
Exhibit A, Part 1
Parcel 1:
A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 15, Township 45 South, Range 24 East and further bounded and described as follows:
Starting at the Southeast corner of the Northeast one-quarter (NE 1/4) of the Southeast one quarter (SE 1/4) of Section 15, thence South 89°00'05” West along the centerline of College Parkway (100 feet wide) for 1,047.28 feet; thence North 01°08'17” West for 50.00 feet to the Northerly right of way line of said College Parkway; thence continuing North 01°08'17” West for 466.98 feet to the point of beginning; thence continuing North 01°08'17” West for 168.00 feet; thence North 89°01'39” East for 150.02 feet; thence South 00°58'21” East for 168.00 feet; thence South 89°01'39” West for 149.54 feet to the point of beginning.
Parcel 2:
Tract or parcel of land in the Northeast quarter (NE 1/4) of the Southeast quarter (SE 1/4) of Section 15, Township 45 South, Range 24 East, Lee County, Florida. From the southeast corner of said fraction; thence South 89°00'05” West along the centerline of College Parkway (100 feet wide) for 928.15 feet; thence North 00°59'55” West for 342.00 feet to the Point of Beginning; thence South 89°00'05” West 119.96 feet; thence North 01°08'17” West for 174.98 feet; thence North 89°01'39” East for 149.54 feet; thence South 00°58'21” East for 174.91 feet; thence South 89°00'05” West for 29.07 feet to the point of beginning.
Together with description of parcel in section 15, Township 45 South, Range 24 East, Lee County, Florida (Ingress and egress easement to parcels 1 and 2).
A tract or parcel of land in the Northeast one-quarter (NE 1/4) of Southeast one-quarter (SE 1/4) of Section 15, Township 45 South, Range 24 East, Lee County, Florida; from the Southeast corner of said fraction; thence South 89°00'05” West along the centerline of College Parkway (100.00 feet wide) for 928.15 feet; thence North 00°59'55” West for 50.00 feet to the North line of said College Parkway and the point of beginning; said point being on the centerline of 20.00 feet wide ingress and egress easement (10.00 feet each side of centerline); thence continuing North 00°59'55” West along said centerline for 292.00 feet to the terminus of said easement.
Exhibit A, Part 2
All of Pines Executive Suites, LLC's (“Borrower”) right, title, and interest in personal property and fixtures (the “property”) now or hereafter located on, at, in, under, or above that certain real property in Lee County, Florida legally described on Exhibit A and in Lee County, Florida or used in conjunction with the property, including the following, now owned or hereafter acquired by Borrower or in which Borrower has or may hereafter acquire an interest, whether now existing or hereafter arising, and all proceeds and products thereof:
all goods as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; all inventory, as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; all equipment as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; all fixtures, as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida if applicable to fixtures or by Florida law to the extent fixtures are non-non code property in Florida; all accounts, as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; all deposit accounts, as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; all investment property as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; all instruments as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; all documents as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; all chattel paper as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; all general intangibles as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; all supporting obligations as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; all returned or repossessed goods arising from or relating to any accounts or chattel paper as those terms are now or hereafter defined by the Uniform Commercial Code as enacted in Florida; the items property described in the list attached hereto as Exhibit A-1 (if any); all software as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; all substitutes and replacements for, accessions, attachments, and other additions to, any of the foregoing property and all products or masses into which any goods are physically united such that their identity is lost; all certificates of title and certificates of origin or manufacturers statements of origin relating to any of the foregoing property; all property similar to any of the foregoing hereafter acquired by the Borrower; all ledger sheets, files, records, documents, instruments, and other books and records (including computer programs, tapes, and related electronic data processing software) evidencing an interest in any of the foregoing property; and any cash proceeds of any of the foregoing property.
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 WITH THE CLERK WITHIN 60 DAYS AFTER THE SALE.
WITNESS my hand and the seal of this Court on April 4, 2012.
CHARLIE GREEN
CLERK OF THE COURT
(SEAL) By: S. Hughes
Deputy Clerk
Jennifer Hayes, Esq.,
Foley & Lardner LLP
100 North Tampa Street, Suite 2700 Tampa, FL 33602
April 13, 20, 2012 12-01749L