12-03849L

FIRST INSERTION
AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT,
IN AND FOR LEE COUNTY, FLORIDA
CASE NO. 12-CA-053301
AMERICAN GENERAL LIFE INSURANCE COMPANY,
Plaintiff, v.
BONITA EXECUTIVE ASSOCIATES, LLC, a Florida limited liability company, BONITA BAY MERCHANTS ASSOCIATION, INC., BONITA BAY COMMUNITY ASSOCIATION, INC., and PROFESSIONAL COURT CONDOMINIUM ASSOCIATION, INC.,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Amended Final Judgment of Foreclosure rendered on July 27, 2012, in that certain cause pending in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, wherein AMERICAN GENERAL LIFE INSURANCE COMPANY, is Plaintiff, and BONITA EXECUTIVE ASSOCIATES, LLC, a Florida limited liability company, BONITA BAY MERCHANTS ASSOCIATION, INC., BONITA BAY COMMUNITY ASSOCIATION, INC., and PROFESSIONAL COURT CONDOMINIUM ASSOCIATION, INC., are Defendants, in Civil Action Cause No. 12-CA-053301, Charlie Green, Clerk of the aforesaid Court, will at 9:00 a.m., on August 24, 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 B as the “Real Property”):
SEE ATTACHED EXHIBIT “A”
EXHIBIT A
(Legal Description)
PARCEL I:

A TRACT OR PARCEL OF LAND LYING IN PART OF TRACT “F” BONITA BAY UNIT ONE AS SHOWN ON PLAT RECORDED IN PLAT BOOK 36 BEGINNING AT PAGE 101 IN SECTION 33, TOWNSHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA WHICH TRACT OR PARCEL IS DESCRIBED AS FOLLOWS:

FROM THE SOUTHEAST CORNER OF SAID TRACT “F” RUN N 04°27'10” W ALONG THE LINE COMMON TO SAID TRACT “F” AND TAMIAMI TRAIL (US 41) FOR 1,171.49 FEET TO A PERMANENT REFERENCE MONUMENT; THENCE RUN NORTHWESTERLY AND WESTERLY ALONG THE CURVED LINE COMMON TO SAID TRACT “F” AND BONITA BAY BOULEVARD SW ON ARC OF A CURVE TO THE LEFT OF RADIUS 50 FEET (DELTA 86°20'35”) (CHORD BEARING N 47°37'27” W) (CHORD 68.43 FEET) FOR 75.35 FEET TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID COMMON LINE S 89°12'15” W FOR 457.57 FEET TO A POINT OF CURVATURE AND WESTERLY AND SOUTHWESTERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 780.00 FEET (DELTA 10°09'45”) (CHORD BEARING S 84°07'23” W) (CHORD 138.17 FEET) FOR 138.35 FEET TO A POINT DESIGNATED “A”; THENCE RUN S 21°00'00” E FOR 75.53 FEET; THENCE RUNS S 74°00'00” E FOR 160.16 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE S 74°00'00” E FOR 447.25 FEET TO A POINT ON A CURVE; THENCE RUN SOUTHEASTERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 1194.20 FEET (DELTA 10°58'03”) (CHORD BEARING S 01°56'30” E) (CHORD 228.24 FEET) FOR 228.59 FEET TO A POINT OF TANGENCY; THENCE RUN S 03°32'31” W FOR 18.75 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHEASTERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 375.02 FEET (DELTA 06°42'00”) (CHORD BEARING S 00°11'32” W) (CHORD 43.83 FEET) FOR 43.85 FEET; THENCE RUN S 85°32'50” W FOR 157.90 FEET, THENCE RUN N 04°27'10” W FOR 40.00 FEET; THENCE RUN S 85°32'50'' W FOR 165.00 FEET; THENCE RUN N 04°27'10” W FOR 90.00 FEET; THENCE RUN S 85°32'50” W FOR 80.00 FEET; THENCE RUN N 04°27'10” W FOR 316.56 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS SET FORTH IN INSTRUMENT RECORDED IN THE LEE COUNTY, FLORIDA RECORDS IN OFFICIAL RECORDS BOOK 1893, PAGE 4284, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT SAID POINT DESIGNATED “A”, FROM SAID POINT OF BEGINNING RUN S 21°00'00” E FOR 75.53 FEET; THENCE RUN S 74°00'00” E FOR 160.16 FEET; THENCE RUN S 04°27'10” E FOR 56.56 FEET; THENCE RUN N 74°00'00” W FOR 130.00 FEET; THENCE RUN N 67°26'22” W FOR 135.20 FEET; THENCE RUN N 21°00'00” W FOR 65.32 FEET TO AN INTERSECTION WITH SAID CURVED LINE COMMON WITH TRACT “F” AND BONITA BAY BOULEVARD SW; THENCE RUN NORTHEASTERLY ALONG SAID CURVED COMMON LINE ON AN ARC OF A CURVE TO THE RIGHT OF RADIUS 780.00 FEET (DELTA 06°39'37”) (CHORD BEARING N 75°42'42” E) (CHORD 90.62 FEET) FOR 90.67 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER BONITA BAY BLVD. AS SET FORTH IN THE PLAT OF BONITA BAY UNIT ONE RECORDED AT PLAT BOOK 36, PAGE 101.

PARCEL 2:

A TRACT OR PARCEL OF LAND LYING IN PART OF TRACT “F” BONITA BAY UNIT ONE AS SHOWN ON PLAT RECORDED IN PLAT BOOK 36 BEGINNING AT PAGE 101 IN SECTION 33, TOWNSHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA WHICH TRACT OR PARCEL IS DESCRIBED AS FOLLOWS:

FROM THE SOUTHEAST CORNER OF SAID TRACT “F” RUN N 04°27'10” W ALONG THE LINE COMMON TO SAID TRACT “F” AND TAMIAMI TRAIL (US 41) FOR 1,171.49 FEET TO A PERMANENT REFERENCE MONUMENT;. THENCE RUN NORTHWESTERLY AND WESTERLY ALONG THE CURVED LINE COMMON TO SAID TRACT “F” AND BONITA BAY BOULEVARD SW ON AN ARC OF A CURVE TO THE LEFT OF RADIUS 50 FEET (DELTA 86° 30' 35”) (CHORD BEARING N 47°37'27” W) (CHORD 68.43 FEET) FOR 75.35 FEET TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID COMMON LINE S 89°12'15” W FOR 457.57 FEET TO A POINT OF CURVATURE AND WESTERLY AND SOUTHWESTERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 780.00 (DELTA 10°09'45”) (CHORD BEARING S 84°07'23” W) (CHORD 138.17 FEET) FOR 138.35 FEET TO A POINT DESIGNATED “A”; THENCE RUN S 21°00'00” E FOR 75.53 FEET; THENCE RUN S 74°00'00” E FOR 160.16 FEET; THENCE RUN S 04°27'10” E FOR 316.56 FEET TO THE POINT OF BEGINNING.

FROM SAID POINT OF BEGINNING RUN N 85Ëš32'50” E FOR 80.00 FEET; THENCE RUN S 04°27'10” E FOR 90.00 FEET; THENCE RUN N 85°32'50” E FOR 165.00 FEET; THENCE RUN S 04°27'10” E FOR 40.00 FEET; THENCE RUN N 85°32'50” E FOR 157.90 FEET TO A POINT ON A CURVE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT OF RADIUS 375.02 FEET (CHORD BEARING S 06°51'12” E) (CHORD 48.34 FEET) (DELTA 07°23'28”) FOR 48.38 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN ALONG THE ARC OF A CURVE TO THE RIGHT OF RADIUS 261.35 FEET (CHORD BEARING S 00°44'31” E) (CHORD 89.02 FEET) (DELTA 19°36'44”) FOR 89.46 FEET; THENCE RUN S 85°32'50” W FOR 172.52 FEET; THENCE RUN S 04°27'10” E FOR 76.00 FEET; THENCE RUN S 85°32'50” W FOR 147.01 FEET; THENCE RUN N 35°32'53” W FOR 80.61 FEET; THENCE RUN S 54°27'07” W FOR 33.00 FEET; THENCE RUN N 35°32'53” W FOR 18.86 FEET; THENCE RUN N 04°27'10” W FOR 275.00 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS SET FORTH IN INSTRUMENT RECORDED IN THE LEE COUNTY, FLORIDA RECORDS IN OFFICIAL RECORDS BOOK 1949, PAGE 1751, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT SAID POINT DESIGNATED “A” RUN S 21°00'00” E FOR 75.53 FEET; THENCE RUN S 74°00'00” E FOR 160.16 FEET; THENCE RUN S 04°27'10” E FOR 56.56 FEET; THENCE RUN N 74°00'00” W FOR 130.00 FEET; THENCE RUN N 67°26'22” W FOR 135.20 FEET; THENCE RUN N 21°00'00” W FOR 65.32 FEET TO AN INTERSECTION WITH SAID CURVED LINE COMMON WITH TRACT “F” AND BONITA BAY BOULEVARD SW; THENCE RUN NORTHEASTERLY ALONG SAID CURVED COMMON LINE ON AN ARC OF A CURVE TO THE RIGHT OF RADIUS 780.00 FEET (DELTA 06°39'37”) ( CHORD BEARING N 75°42'42” E) (CHORD 90.62 FEET) FOR 90.67 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER BONITA BAY BLVD. AS SET FORTH IN THE PLAT OF BONITA BAY UNIT ONE RECORDED AT PLAT BOOK 36, PAGE 101.

PARCEL 3:

UNIT C, PHASE 5, UNIT D, PHASE 4 AND UNIT E, PHASE 3, PROFESSIONAL COURT CONDOMINIUM, A CONDOMINIUM ACCORDING TO THE DECLARATION OF CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 2533, PAGE 2723 AMENDED IN OFFICIAL RECORDS BOOK 2780, PAGE 4121 AND OFFICIAL RECORDS BOOK 2990, PAGE 1385 AND AS SUBSEQUENTLY AMENDED, ALL IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.

TOGETHER WITH NON-EXCLUSIVE EASEMENTS OVER COMMON AREAS FOR PEDESTRIAN AND VEHICULAR TRAFFIC AS SET FORTH IN THE DECLARATION OF CONDOMINIUM RECORDED IN THE LEE COUNTY, FLORIDA RECORDS IN OFFICIAL RECORDS BOOK 2533, PAGE 2723, AS AMENDED.

TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER BONITA BAY BLVD. AS SET FORTH IN THE PLAT OF BONITA BAY UNIT ONE RECORDED AT PLAT BOOK 36, PAGE 101.

PERSONAL PROPERTY DESCRIPTION:
SEE ATTACHED EXHIBIT “B”.
EXHIBIT B
(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 Bonita Executive 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 Amended 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 30 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.
Florida Bar Number: 282091
AKERMAN SENTERFITT
Post Office Box 231
420 South Orange Avenue
Suite 1200
Orlando, FL 32802-0231
Phone: (407) 423-4000
Fax: (407) 843-6610
24571633;1
August 10, 17, 2012 12-03849L