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FIRST INSERTION
SECOND AMENDED
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CASE NUMBER: 11-CA-053326
FARM CREDIT OF FLORIDA,
ACA,
Plaintiff, vs.
T W I 75, L.C., a Florida limited liability company, TREECO, INC., a Florida corporation, RUSSELL WEINTRAUB, RUTH
WEINTRAUB, STEPHEN C. TIECHE, and JILL TIECHE,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Amended Final Judgment of Foreclosure entered by this Court on December 15, 2011, in Case No.: 11-CA-053326 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 T W I 75, L.C., a Florida limited liability company, TREECO, INC., a Florida corporation, RUSSELL WEINTRAUB, RUTH WEINTRAUB, STEPHEN C. TIECHE, and JILL TIECHE 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:
PARCEL 1
The North half (N 1/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 20, Township 44 South, Range 22 East, Lee County, Florida.
LESS AND EXCEPT the West half (W 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 20, Township 44 South, Range 22 East, Lee County, Florida.
LESS AND EXCEPT the West 50.00 feet to the East half (E 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 20, Township 44 South, Range 22 East, Lee County, Florida.
PARCEL 2
All that part of the North Half (N 1/2) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 21, Township 44 South, Range 22 East, Lee County, Florida, lying West of the West right of way of State Road #767.
PARCEL 3
The Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 20, Township 44 South, Range 22 East, Lee County, Florida.
PARCEL 4
The Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) AND the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 20, Township 44 South, Range 22 East, Lee County, Florida.
PARCEL 5
The South Half (S 1/2) of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 20, Township 44 South, Range 22 East, Lee County, Florida.
PARCEL 6
Commencing at the Northeast corner of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 20, Township 44 South, Range 22 East, Lee County, Florida; thence run South 00 degrees 06' 51” West for 675.58 feet to a concrete monument and the Point of Beginning; thence run North 89 degrees 49' 03” West for 1340.95 feet; thence run North 00 degrees 24' 45” East for 677.03 feet; thence South 89 degrees 45' 20” East for 887.43 feet; thence run South 00 degrees 06' 51” West for 150.00 feet; thence run South 89 degrees 45' 20” East for 270.00 feet; thence run South 00 degrees 06' 51” West for 356.85 feet; thence run South 89 degrees 49' 37” East for 180.00 feet; thence run South 00 degrees 06' 51” West for 168.97 feet to the Point of Beginning.
PARCEL 7
The North 150 feet of the East 450 feet of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 20, Township 44 South, Range 22 East, Lee County, Florida, LESS AND EXCEPT the East 150 feet thereof.
PARCEL 8
A tract or parcel of land lying in the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 21, Township 44 South, Range 22 East, Lee County, Florida, more particularly described as follows:
All of that part of the said fraction of a Section (SW 1/4 of the NW 1/4 of the NW 1/4), lying South of a line 160 feet South of (as measured along the West line of said Section 21) the North line of said fraction of a Section (SW 1/4 of the NW 1/4 of the NW 1/4) and the Westerly of State Road #S-767 (Stringfellow Boulevard); LESS AND EXCEPT right of way 35 feet in width lying 17.5 feet on either side of the following described centerline: Beginning at a point on the West line of said Section 21, 577.97 feet South of the Northwest corner of the said fraction of a Section (SW 1/4 of the NW 1/4 of the NW 1/4), run North 63 degrees 25' 00” East 271.46 feet (along the center line of a ditch) thence run North 73 degrees 55' 00” East for 15 feet, more or less, to the Southeasterly right of way of State Road S-767 and the terminus of the herein described center line. (Said right of way being SRD lateral ditch)
PARCEL 9
The South one-half (S 1/2) of Lots 3 and 4, Block 6, of Kreamer's Avocado Subdivision, according to the plat thereof, as recorded in Plat Book 5, Page 21, Public Records of Lee County, Florida.
PARCEL 10
The West One Half (W 1/2) of Tract 12, Capri Pines, an unrecorded subdivision, being a re-subdivision of Block E, Kreamer's Subdivision, as shown in Plat Book 3, Page 61, Public Records of Lee County, Florida, more particularly described as follows:
The West One Half (W 1/2) of the East One Half (E 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 8, Township 44 South, Range 22 East, Lee County, Florida, LESS AND EXCEPT the North 30 feet for road right of way.
PARCEL 11
The East One Half (E 1/2) of Tract 12, Capri Pines, an unrecorded subdivision, being a re-subdivision of Block E, Kreamer's Subdivision, as shown in Plat Book 3, Page 61, Public Records of Lee County, Florida, more particularly described as follows:
The East One Half (E 1/2) of the East One Half (E 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 8, Township 44 South, Range 22 East, Lee County, Florida, LESS AND EXCEPT the North 30 feet for road right of way.
PARCEL 12
A tract or parcel of land lying in Section 2, Township 44 South, Range 25 East, Lee County, Florida and being described as follows:
Commencing at the Southwest corner of the Southeast quarter of said Section 2; thence North 00 degrees 46' 16” West along the West line of said fraction for 50.00 feet to the Point of Beginning of a parcel of land herein described; thence continue North 00 degrees 46' 16” West along said West line for 2,387.82 feet; thence North 27 degrees 44' 35” East for 1,033.82 feet to an intersection with the South line of a roadway dedication parcel as described in Official Records Book 1858 at Page 2056 of the Public Records of Lee County, Florida; thence South 80 degrees 19' 20” East along said South line for 467.72 feet to an intersection with the West line of a parcel described in Official Records Book 3202 at Page 2039 of the Public Records of Lee County, Florida; thence South 01 degrees 00' 19” East along said West line for 617.17 feet; thence North 89 degrees 19' 01” East for 1,582.00 feet to an intersection with the West line of a roadway dedication parcel as described in Official Records Book 1850 at Page 2048 of the Public Records of Lee County, Florida; thence South 01 degrees 06' 32” East along said West line for 1,921.70 feet; thence South 88 degrees 58' 41” West for 1,264.70 feet; thence South 00 degrees 56' 41” East for 658.98 feet to an intersection with the North line of a roadway dedication parcel as described in Official Records Book 1858 at Page 2052 of the Public Records of Lee County, Florida; thence South 88 degrees 58' 41” West along said North line for 1,286.65 feet to the point of beginning.
PERSONAL PROPERTY
See Exhibit A attached hereto
EXHIBIT A
1. All buildings, structures, and other improvements now or hereafter located on, above or below the surface of the land described on the continuation page of this Exhibit A (Herein the Premises), or any part or parcel thereof; and
2. All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the Premises or under or above the same or any part of parcel thereof; and
3. All and singular the tenements, hereditaments, easements , and appurtenances thereunto belonging or in any wise appertaining to the Premises, whether now owned or hereafter acquired by Debtor, and including all rights of ingress and egress to and from adjoining property (whether such rights now exist or subsequently rise) together with any reversion or reversions, remainder or remainders, rents, issues and profits thereof; and
4. All machinery, apparatus, equipment, fittings, fixtures, affixed or constructively attached to the Premises and including all trade, domestic and ornament fixtures, and articles of personal property of every kind and nature whatsoever, now or hereafter located in, upon or under the Premises or any part thereof and used or usable in connection with any present or future operation of the Premises and now owned or hereafter acquired by Debtor, including, but without limiting the generality of the foregoing, 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, and communications apparatus, boilers, ranges, furnaces, oil burners, or units thereof, appliances, 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 land, and any deposits for taxes and assessments, or any other sums to be paid by Debtor hereunder, or under any Loan Agreement or any other instrument securing any and all Notes given by Debtor to Lender.
5. All of Debtor's interest as lessor in and to any and all leases of the Premises, or any part thereof, heretofore made and entered into, and in and to all leases hereafter made and entered into by Debtor during the life of the Loan or any extension or renewal hereof, together with any and all guarantees thereof and including all present and future security deposits and advance rentals reserving to Debtor its equity of redemption rights herein provided and hereby intending that in case of foreclosure sale, the lessor's interest in any such leases then in force shall, upon expiration of Debtor's right of redemption, pass to the purchaser at such sale as a part of the Premises; subject to election by the purchaser to terminate or enforce any of such leases hereafter made; and
6. Any and all awards or payments, including interest thereon, and the right to receive the same, as a results of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of, the Premises to the extent of all amounts which may be secured by the Loan at the date of receipt of any such award or payment by Lender an of the reasonable attorney's fees, costs and disbursements incurred by Lender in connection with the collection of such award or payment; and
7. All of the right, title and interest of Debtor 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 the Loan, and all proceeds or sums payable or the loss of or damage to (a) any property encumbered hereby, or (b) rents, revenues, income, profits, or proceeds from franchises, concessions or licenses of or on any part of the Premises.
8. All inventory, raw materials, work in process and supplies now owned or hereafter acquired.
9. All accounts receivable now outstanding or hereafter arising.
10. All contract rights now in force or hereafter acquired.
11. All general intangibles and products derived from the foregoing.
12. All crops grown or to be grown, livestock, offspring, products and profits therefrom.
13. All seed, feed and supplies.
14. All proceeds from any government subsidy program.
15. All farm products.
16. All surface water management permits, including but not limited to permit #36-03547-P.
17. All water use permits.
18. All products and proceeds derived from the foregoing.
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 THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
DATED on January 20, 2012
Charlie Green
Clerk of the Circuit Court
(COURT SEAL) By: M. Parker
Deputy Clerk
Richard H. Martin, Esq.
Counsel for Plaintiff
Akerman Senterfitt
401 E. Jackson St., Suite 1700
Tampa, Florida 33602
Jan. 27; Feb. 3, 2012 12-00308L