12-03669L

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT,
IN AND FOR LEE COUNTY, FLORIDA
CASE NO. 12-CA-053298
THE VARIABLE ANNUITY LIFE
INSURANCE COMPANY,
Plaintiff, v.
RENAISSANCE DANIELS
ASSOCIATES, LLC, a Florida
limited liability company, and
DANIELS GALLERIA EAST
PROPERTY OWNERS
ASSOCIATION, INC.,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Final Judgment of Foreclosure filed on July 23, 2012, in that certain cause pending in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, wherein THE VARIABLE ANNUITY LIFE INSURANCE COMPANY, is Plaintiff, and RENAISSANCE DANIELS ASSOCIATES, LLC, a Florida limited liability company, and DANIELS GALLERIA EAST PROPERTY OWNERS ASSOCIATION, INC., are Defendants, in Civil Action Cause No. 12-CA-053298, Charlie Green, Clerk of the aforesaid Court, will at 9:00 a.m., on August 23, 2012, offer for sale and sell to the highest bidder for cash via electronic sale at Lee County's Public Auction website: www.lee.realforeclose.com, the following described real and personal property, situate and being in Lee County, Florida to-wit:
REAL PROPERTY DESCRIPTION (referred to in Exhibit A as the “Real Property”):
LOT 3, DANIELS GALLERIA EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 73, PAGES 9 AND 10 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
PERSONAL PROPERTY DESCRIPTION:
SEE ATTACHED EXHIBIT “A”.
EXHIBIT A
(Additional Collateral)
A. All goods, fixtures, inventory, equipment, building and other materials, supplies, and other tangible personal property of every nature, whether now owned or hereafter acquired by Renaissance Daniels Associates, LLC (“Debtor”), used, intended for use, or reasonably required in the construction, development, or operation of the Property (hereinafter defined), together with all accessions thereto, replacements and substitutions therefor, and proceeds thereof.
B. The right to use all trademarks and trade names and symbols or logos used in connection therewith, or any modifications or variations thereof, in connection with the operation of the improvements existing or to be constructed on the Property, together with all accounts, deposit accounts, letter of credit rights, investment property, monies in the possession of Secured Party (including, without limitation, proceeds from insurance, retainages and deposits for taxes and insurance), all permits, licenses, certificates and authorizations necessary for the beneficial development, ownership, use, occupancy, operation and maintenance of the Property, contract rights (including, without limitation, rights to receive insurance proceeds) and general intangibles (whether now owned or hereafter acquired, and including proceeds thereof) relating to or arising from Debtor's ownership, use, operation, leasing, or sale of all or any part of the Property, specifically including but in no way limited to any right which Debtor may have or acquire to transfer any development rights from the Property to other real property, and any development rights which may be so transferred.
C. Any and all leases, subleases and other agreements, including, without limitation, the Master Lease, as more fully described in the Mortgage, under the terms of which any person other than Debtor has or acquires any right to occupy or use the property, or any part thereof.
D. The Real Property, together with the following (referred to herein as the “Property”):
1. All buildings, structures, and improvements now or hereafter located on such tract or tracts, as well as all rights-of-way, easements, and other appurtenances thereto;
2. Any land lying between the boundaries of such tract or tracts and the center line of any adjacent street, road, avenue, or alley, whether opened or proposed;
3. All of the rents, income, receipts, revenues, issues and profits of and from such tract or tracts and improvements;
4. All (i) water and water rights (whether decreed or undecreed, tributary, nontributary or not nontributary, surface or underground, or appropriated or unappropriated); (ii) sewer and drainage rights; (iii) ditches and ditch rights; (iv) spring and spring rights; (v) reservoir and reservoir rights; and (vi) shares of stock in water, ditch and canal companies and all other evidence of such rights, which are now owned or hereafter acquired by Debtor and which are appurtenant to or which have been used in connection with such tract or tracts or improvements;
5. All minerals, crops, timber, trees, shrubs, flowers, and landscaping features now or hereafter located on, under or above such tract or tracts;
6. All machinery, apparatus, equipment, fittings, fixtures (whether actually or constructively attached, and including all trade, domestic, and ornamental fixtures) now or hereafter located in, upon, or under such tract or tracts or improvements and used or usable in connection with any present or future operation thereof, including but not limited to all heating, air-conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating, cooking, and communications apparatus; boilers, water heaters, ranges, furnaces, and burners; appliances; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; and all additions thereto and replacements therefor;
7. All development rights associated with such tract or tracts, whether previously or subsequently transferred to such tract or tracts from other real property or now or hereafter susceptible of transfer from such tract or tracts to other real property;
8. All awards and payments, including interest thereon, resulting from the exercise of any right of eminent domain or any other public or private taking of, injury to, or decrease in the value of, any of such property;
9. All other and greater rights and interests of every nature in such tract or tracts and in the possession or use thereof and income therefrom, whether now owned or subsequently acquired by Debtor; and
10. All proceeds of the property, property interests, and rights hereinabove described.
Said sale will be made pursuant to and in order to satisfy the terms of the Final Judgment of Foreclosure.
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 this 24 day of July, 2012.
CHARLIE GREEN
As Clerk of the Court
(SEAL) By S. Hughes
As Deputy Clerk
Attorneys for Plaintiff:
JOSEPH E. FOSTER, Esq.
AKERMAN SENTERFITT
Post Office Box 231
420 South Orange Avenue
Suite 1200
Orlando, FL 32802-0231
Phone: (407) 423-4000
Fax: (407) 843-6610
24494482;1
August 3, 10, 2012 12-03669L