12-00007L

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-052815
FARM CREDIT OF FLORIDA, ACA,
Plaintiff, vs.
DIXIE GROVE, L.C., a Florida limited liability company,
RUSSELL WEINTRAUB,
RUTH WEINTRAUB,
STEPHEN C. TIECHE,
JILL TIECHE, ROSS A. HORSLEY, and DIANE B. HORSLEY,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure filed by this Court on December 20, 2011, in Case No.: 11-CA-052815 in the Circuit Court of and for the Twentieth Circuit in and for Lee County, Florida, in which FARM CREDIT OF FLORIDA, ACA, (“Farm Credit”) is the plaintiff, and DIXIE GROVE, L.C., a Florida limited liability company, , RUSSELL WEINTRAUB, RUTH WEINTRAUB, STEPHEN C. TIECHE, JILL TIECHE, ROSS A. HORSLEY and DIANE B. HORSLEY are Defendants, I will sell to the highest and best bidder for cash at the sale held online at https://www.lee.realforeclose.com beginning at 9:00 a.m., on February 22, 2012; the following described property as set forth in the Final Judgment of Foreclosure, to wit:
THE REAL PROPERTY

Parcel 1:
The North one-half of the North one-half of the Northwest quarter of Section 33, Township 44 South, Range 22 East, Lee County, Florida.

Together with the right of ingress and egress as described in “EASEMENT AGREEMENT” recorded in Official Records Book 2937, page 1048 and subject to its terms and provisions.

and

Parcel 2:
A parcel of land lying in the Southeast Quarter of Section 28, Township 44, Range 22 East, Lee County, Florida, being more particularly described as follows:

Beginning at the Southwest corner of the Southeast Quarter of said Section 28; thence North 00 degrees 00'00” East along the West line of the aforesaid Southeast quarter 110.00 feet; thence North 88 degrees 42'14” East 384.94 feet to a point on a line, said line being the Southwesterly right-of-way line of SR 767; thence South 16 degrees 12'43” East along said right-of-way line 113.81 feet to a point on the South line of said Section 28; thence South 88 degrees 42'14” West along said South line 416.72 feet to the point of beginning.


THE PERSONAL PROPERTY

All annual and perennial crops of whatever kind and description, including but not limited to nursery stock, now growing or hereinafter planted, grown or produced on lands owned or leased by the debtor as described herein including all proceeds, receivables or payments due, owed, owing or to be received for any reason from any entity or person with respect to the collateral described herein. Also, the right to sell or receive payment under any marketing agreement, license or allocation, including any payment due debtor under any State or Federal governmental subsidy or other program in connection with the collateral, including the growing or disposition thereof. Together with all right, title and interest of Debtor to any insurance proceeds, any condemnation proceeds, or any compensation for destruction of any collateral or loss of or damage to any collateral.

and

All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property, describe herein, including, but not limited to, wells, pumps, motors, pump motors, turbines, mainlines, lateral lines, culverts, tile lines and all property similar to that herein described which may at any time hereafter be acquired by the debtor including all additions, accessions and replacements thereof. Also, all proceeds received should any of the foregoing be sold, exchanged, collected or otherwise disposed of; provided, however, no provision herein shall be construed as or deemed authority for debtor to sell, exchange or otherwise dispose of the collateral without the express written consent of the association.
except as herein before set forth, in accordance with Fla. Stat. §45.031. Said sale will be made pursuant to and in order to satisfy the terms of the Final Judgment of Foreclosure.
The “highest bidder” for purposes of this Notice of Sale, is defined as the party who bids the largest amount of money to purchase the Property and who completes the sale in a timely fashion, as hereinafter set out. The one who bids the largest amount of money to purchase the Property shall be permitted to complete the sale by delivering to the Clerk, the balance of such bid, over and above the deposit, by 4:00 p.m. on the next business day.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Court Operations Manager whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
DATED on December 21, 2011.
CHARLIE GREEN
Clerk of the Circuit Court
(SEAL) By: S. Hughes
Deputy Clerk
RICHARD H. MARTIN, Esq.
Counsel for Plaintiff
akerman senterfitt
401 E. Jackson St., Suite 1700
Tampa, Florida 33602
January 6, 13, 2012 12-00007L