12-0111C

FIRST INSERTION
SECOND AMENDED
NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 11-2141-CA
WELLS FARGO BANK, N.A.,
successor-by-merger to
WACHOVIA BANK, N.A.,
a national banking association,
Plaintiff, vs.
SCE PARTNERS, LLC, a Florida limited liability company;
GULFSHORE HOMES
CONSTRUCTION, INC., a Florida corporation; S & L TREVISO BAY,
LLC, a Florida limited liability company; CRAIG STARK, an
individual; ERIC LUND, an
individual; CREATIVE TILE
CONCEPTS, INC., a Florida
corporation a/k/a CREATIVE TILE AND HARDWOOD FLOORS; THE DECORATORS UNLIMITED, INC.,
a Florida corporation; DOYLE WESSON PLUMBING, INC., a Florida corporation; ZSI, INC., a dissolved Florida corporation; TREVISO BAY PROPERTY
OWNERS MASTER
ASSOCIATION, INC., a
Florida not-for-profit corporation; and TREVISO BAY
DEVELOPMENT, LLC, a Delaware limited liability company,
Defendants.
Notice is hereby given that pursuant to an Amended Final Summary Judgment of Foreclosure entered in the above entitled cause in the Circuit Court of Collier County, Florida, I will sell the property located in Collier County, Florida described as:
EXHIBIT “A”
LEGAL DESCRIPTION
Lots 14, 19 and 26, “Lipari” Block A, LIPARI-PONZIANE, according to the map or plat thereof, as recorded in Plat Book 47, Pages 80 through 89, of the Public Records of Collier County, Florida.

TOGETHER WITH:
All property-rights of any kind whatsoever, whether personal, mixed, or otherwise, which encompass accounts, including any demand time, savings, passbook, certificate of deposit or like account maintained by any bank, savings bank, credit union or like organization, general intangibles, equipment and inventory, which are located at, or which are used in connection with or arise out of the conduct of SCE Partners, LLC's business (herein referred to as “Mortgagor”) related to that certain parcel or real estate located in Collier County, Florida, and legally
described above:
(a) All buildings, structures and other improvements now or hereafter located on, above, or below the surface of the Property, or any part and parcel thereof.
(b) All right, title and interest of Mortgagor in and to the minerals, soil, flowers, shrubs, fruits, crops, trees, timber and other emblements now growing or hereafter planted, grown or produced and all fixtures and improvements thereto on said property or under or above the same or any part or parcel thereof.
(c) All and singular the tenements, hereditaments, easements, gores of land, riparian, and littoral rights, and appurtenances thereunto belong or in anywise appertaining, whether now owned or hereafter acquired by Mortgagor, and including all rights of ingress and egress to and from adjoining property (whether such rights now exist or subsequently arise), together with the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, claim and demand whatsoever of Mortgagor of, in, and to the same, and of, in, and to every part and parcel thereof.
(d) All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to said Property, and including all trade, domestic and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called “Equipment”), now or hereafter located in, upon, or under said Property or any part thereof and used or usable in connection with any present or future operation of said Property and now owned or hereafter acquired by Mortgagor, including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines, pipes; pumps; irrigation equipment, wells, tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, rangers, furnaces, oil burners or units thereof; appliances; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings; together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein, including but not limited to, lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass, doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all proceeds, additions and accessories thereto and replacements thereof (Mortgagor hereby agreeing with respect to all additions and replacements to execute and deliver from time to time such further instruments as may be requested by Mortgagee to confirm the conveyance, transfer and assignment of any of the foregoing).
(e) All of the water, sanitary, and storm sewer systems now or hereafter owned by the Mortgagor which are now or hereafter located by, over, and upon the Property hereinbefore described, or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves, and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes, and appurtenances.
(f) All right, title and interest of Mortgagor in and to the land tying in the bed of any street, road, or avenue, opened or proposed, in front of or adjoining the Property and in and to the appurtenances thereto.
(g) All paving for streets, roads, walkways, or entranceways now or hereafter owned by Mortgagor and which are now or hereafter located on the Property or serve the Property or any part or parcel thereof.
(h) The common elements appurtenant to any parcel, unit, or lot which is all or part of the Property.
(i) Mortgagor's interest as lessor in and to all leases of the Property, or any part thereof, heretofore made and entered into, and in and to all leases hereafter made and entered into by Mortgagor during the term of this Mortgage or any extension or renewal hereof, together with any and all guarantees thereof and including, without limitation, all present and future cash or securities, security deposited thereunder to secure performance by the lessees of their obligations thereunder, regardless of how said cash or securities are to be held by Mortgagor pursuant to the terms of such leases, and advance rentals, reserving to Mortgagor its equity of redemption rights therein, provided and hereby intending that in case of foreclosure sale, the Mortgagor's interest in any such leases then in force shall, upon expiration of Mortgagor's rights of redemption, pass to the purchaser at such sales a part of the Property; subject to election by the purchaser to terminate or enforce any of such leases hereafter made.
0) All judgments, awards of damages, and payments, including interest thereon, and the right to receive the same, which may be made with respect to the Property as a result of (i) the exercise of the right of eminent domain; (ii) the alteration of the grade of any street; or (iii) any other injury to, taking of, or decrease in the value of, the Property, to the extent of all amounts which may be secured by this Mortgage at the date of receipt of any such award or payment by Mortgagee and of the reasonable attorneys' fees, costs, and disbursements incurred by Mortgagee in connection with the collection of such judgment, award, or payment, and Mortgagor agrees to execute and deliver, from time to time, such further instruments as may be requested by Mortgagee to confirm such assignment to Mortgagee of any such judgment, award, or payment. Mortgagee is hereby authorized on behalf and in the name of Mortgagor to execute and deliver valid acquittance for, and to appeal from, any such judgments or awards. Mortgagee may apply all such sums or any part thereof so received, after the payment of all its expenses, including costs and attorneys' fees, on the indebtedness secured hereby in such manner as it elects, or at its option, the entire amount or any part thereof so received may be released.
(k) All of the right, title and interest of the Mortgagor in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of this Mortgage, and all proceeds or sums payable for the loss or damage to (i) any property encumbered hereby; or (ii) rents, revenues, income, profits, or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
(1) All of the right, title and interest of the Mortgagor in and to any trade names, names of businesses or fictitious names, licenses, including but not limited to occupational and liquor licenses, permits, site plans, development agreements, and governmental approvals, if any, now or hereafter used in conjunction with the development of the Property or operation of any business or endeavor located on the Property.
(m) All of the Mortgagor's interest in all utility security deposits or bonds deposited in connection with the Property.
(n) All of the Mortgagor's interest in and to any and all contracts or agreements for the sale of the Property, or any part thereof or any interest therein, whether now existing or arising hereafter, and any and all deposits or payments of money arising out of or relating to said contracts or agreements.
(0) All existing and after-acquired furniture, fixtures, and equipment, including, but not limited to, all pool and patio furniture, computer systems, phone systems, furnishings, art
work, televisions, maintenance equipment, restaurant equipment, laundry equipment, vacuum cleaners, and ice machines.
at public sale, to the highest and best bidder for cash, Collier County Courthouse Annex, 3315 Tamiami Trail East, First Floor, Atrium, Naples, Florida 34112, on the 6 day of February, 2012, beginning at 11:00 a.m.
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.
“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 Mark A. Middlebrook, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (239) 252-8800, 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: January 10th, 2012
DWIGHT E. BROCK
Clerk of the Court
By: Patricia Murphy
As Deputy Clerk
Andrew W. Lennox, Esq.
Hill Ward Henderson PA
101 E. Kennedy Blvd., Suite 3700
Tampa, FL 33602
(813) 221-3900
January 20, 27, 2012 12-0111C