12-01969L

FIRST INSERTION
NOTICE OF SALE PURSUANT TO FLORIDA STATUES CHAPTER 45
in the circuit court FOR the 20th judicial circuit in and for LEE county, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 11-CA-52822
FIFTH THIRD BANK, an Ohio banking corporation, successor by merger with Fifth Third Bank, a Michigan banking corporation
Plaintiff, v.
L. KENT DENSLEY, as Trustee under that certain Trust Agreement dated as of November 6, 2002,
a/k/a L. Kent Densley, as Trustee of the Cape Promenade Trust dated November 6, 2002, RUSSELL WHITNEY, an individual,
JAMES YOUNG, an individual,
CEMEX CONSTRUCTION
MATERIALS FLORIDA, LLC,
f/k/a RINKER MATERIALS OF FLORIDA, INC. d/b/a CEMEX CONSTRUCTION MATERIALS, LP, a dissolved Florida limited partnership,
Defendants.
NOTICE IS HEREBY PROVIDED that, in accordance with the Final Judgment of Foreclosure entered in the above-styled cause on April 16, 2012, the Clerk of Court will sell to the highest and best bidder for cash at www.lee.realforeclose.com, the Clerk's website for on-line auctions, at 9:00 a.m., on June 7, 2012, the following real and personal property:
Real Property:

Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39, Block 66, Cape Coral Unit 6, Part 5, according to the Plat thereof as recorded in Plat Book 14, page 56, Public Records of Lee County, Florida, together with Lots 1, 2, 3 and Tract E, Block 66, Cape Coral Unit 6, Part 5, according to the Plat thereof as recorded in Plat Book 14, page 56, Public Records of Lee County, Florida, less and except the area acquired for the Cape Coral Parkway/College Parkway Corridor improvements, County Project No. 808-1 more particularly described as follows: Commence at the Northwest corner of said Tract “E”; thence run South along the West line of said Tract E for a distance of 35.94 feet to the point of curvature of a circular curve to the left having a radius of 90 feet; said point being the Point of Beginning of the following described parcel of land; thence run Southeasterly, along the arc of said curve, for a distance of 140.43 feet through a central angle of 89 degrees 24' 01” to a point on the South line of Tract E; thence run North 89 degrees 24' 01” West along the South line of said Tract E for a distance of 64.32 feet to the point of curvature of a circular curve to the right having a radius of 25.00 feet; thence run Northwesterly along the Southwesterly line of said Tract E and along the arc of said curve for a distance of 39.01 feet through a central angle of 89 degrees 24' 01” to the point of Tangency; thence run North along the West line of said Tract E for a distance of 64.32 feet to the Point of Beginning.

Personal Property: See Exhibit “A”

EXHIBIT A

All improvements now or hereafter located on said property and all fixtures, appliances, apparatus, equipment, furnishings, heating and air conditioning equipment, machinery and articles of personal property and replacements thereof (other than those owned by lessees of said real property) now or hereafter affixed to, attached to, placed upon, or used in any way in connection with the complete and comfortable use, occupancy, or operation of the said real property, all licenses and permits used or required in connection with the use of said real property, all leases of said real property now or hereafter entered into and all right, title and interest of Mortgagor thereunder, including without limitation, cash or securities deposited thereunder pursuant to said leases, and all rents, issues, proceeds, and profits accruing from said real property and together with all proceeds of the conversion, voluntary or involuntary of any of the foregoing into cash or liquidated claims, including without limitation, proceeds of insurance and condemnation awards (the foregoing said real properly, tangible and intangible personal property hereinafter referred to collectively as the Mortgaged Property). Mortgagor hereby grants to Mortgagee a security interest in the foregoing described tangible and intangible personal 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 WITHIN 60 DAYS AFTER THE SALE.
Dated: April 17, 2012.
CHARLIE GREEN
Clerk of Court
(SEAL) By: M. Parker
As Deputy Clerk
Alan Grunspan, Esq.
CARLTON FIELDS, P.A.
Miami Tower
100 S.E. Second Street, Suite 4200
Miami, Florida 33131
April 27; May 4, 2012 12-01969L