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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. 10-CA-057888
BANK OF AMERICA, N.A., a national banking association, successor by merger to LASALLE BANK NATIONAL ASSOCIATION,
Plaintiff, vs.
ENTRADA-RED ROCK PARTNERS II, L.L.C., a Florida limited liability company, 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
“EXHIBIT A”
LEGAL DESCRIPTION
Block 8053, Tract Com-4, ENTRADA SUBDIVISION, according to map or plat thereof recorded as Clerk's Instrument #2006000409641, of the public records of Lee County, Florida.
Block 8053, Tract Com-5, ENTRADA SUBDIVISION, according to map or plat thereof recorded as Clerk's Instrument #2006000409641, of the public records of Lee County, Florida.
AND TOGETHER WITH all of the following owned or held by Entrada-Red Rock Partners II, L.L.C., or Entrada Plaza, L.L.C. (collectively referred to as “Borrowers”)
(a) The real estate located in the County of Lee, State of Florida, and legally described herein above in this “Exhibit A” and made a part hereof (the “Real Estate”);
(b) All improvements of every nature whatsoever now or hereafter situated on the Real Estate, and all fixtures and personal property of every nature whatsoever now or hereafter owned by the Borrowers and located on, or used in connection with the Real Estate or the improvements thereon, or in connection with any construction thereon, including all extensions, additions, improvements, betterments, renewals, substitutions and replacements to any of the foregoing and all of the right, title and interest of Borrowers in and to any such personal property or fixtures together with the benefit of any deposits or payments now or hereafter made on such personal property or fixtures by Borrowers or on their behalf (the “Improvements” and together with the Real Estate (the “Premises”));
(c) All easements, rights of way, gores of real estate, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way now or hereafter belonging, relating or appertaining to the Real Estate, and the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law as well as in equity, of Borrowers of, in and to the same;
(d) All rents, revenues, issues, profits, proceeds, income, royalties, Letter of Credit Rights (as defined in the Uniform Commercial Code of the State of Florida (the “Code”) in effect from time to time), escrows, security deposits, impounds, reserves, tax refunds and other rights to monies from the Premises and/or the businesses and operations conducted by Borrowers thereon, to be applied against the Indebtedness (as hereinafter defined);
(e) All interest of Borrowers in all leases now or hereafter on the Premises, whether written or oral (each, a “Lease”, and collectively, the “Leases”), together with all security therefor and all monies payable thereunder;
(f) All fixtures and articles of personal property now or hereafter owned by Borrowers and forming a part of or used in connection with the Real Estate or the Improvements, including, but without limitation, any and all air conditioners, antennae, appliances, apparatus, awnings, basins, bathtubs, bidets, boilers, bookcases; cabinets, carpets, computer hardware and software used in the operation of the Premises, coolers, curtains, dehumidifiers, disposals, doors, drapes, dryers, ducts, dynamos, elevators, engines, equipment, escalators, exercise equipment, fans, fittings, floor coverings, furnaces, furnishings, furniture, hardware, heaters, humidifiers, incinerators, lighting, machinery, motors, ovens, pipes, plumbing, pumps, radiators, ranges, recreational facilities, refrigerators, screens, security systems, shades, shelving, sinks, sprinklers, stokers, stoves, toilets, ventilators, wall coverings, washers, windows, window coverings, wiring, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are or shall be attached to the Real Estate or the Improvements in any manner; it being mutually agreed that all of the aforesaid property owned by Borrowers and placed on the Real Estate or the Improvements, so far as permitted by law, shall be deemed to be fixtures, a part of the realty, and security for the Indebtedness;
(g) All warranties, guarantees, permits and licenses in favor of Borrowers with respect to the Premises;
(h) All proceeds of the foregoing, including, without limitation, all judgments, awards of damages and settlements hereafter made resulting from condemnation proceeds or the taking of the Premises or any portion thereof under the power of eminent domain, any proceeds of any policies of insurance, maintained with respect to the Premises or proceeds of any sale, option or contract to sell the Premises or any portion thereof.
at public sale, to the highest and best bidder, for cash, on May 14, 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 APRIL 24, 2012.
CHARLIE GREEN
CLERK OF THE CIRCUIT COURT
LEE COUNTY, FLORIDA
(SEAL) By: K. Dix
Deputy Clerk
April 27; May 4, 2012 12-02051L