12-03129L

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
Case No. 11-CA-054535
SUNTRUST BANK,
Plaintiff, v.
NCNFM, LLC, THOMAS J.
ANDERTEN, US 41 SELF STORAGE, LLC, CHARLES L.
HIGHLEY, and THOMAS F.
MCCORMACK,
Defendants.
NOTICE is hereby given that, pursuant to a Final Judgment filed June 15, 2012, in Case Number 11-CA-054535 in the Circuit Court of Lee County, Florida, the Clerk of Court shall offer for sale the property situate in Lee County, Florida, described as:
(a) The real property described below together with all existing and future easements and rights affording access to the property;

Parcel A

THE NORTH HALF OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 44 SOUTH, RANGE 24 EAST, EXCEPTING THEREFROM THAT PORTION PREVIOUSLY CONVEYED BY THAT CERTAIN WARRANTY DEED DATED DECEMBER 7, 1951 AND RECORDED IN DEED BOOK 216, PAGE 54 AND 55, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AND FURTHER EXCEPTING THE EAST 280 FEET OF THE NORTH 140 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2, EXCEPTING THEREFROM THE EAST 25 FEET FOR ROADWAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA; THENCE SOUTH ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2, 1468.65 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID WEST LINE 192.16 FEET; THENCE SOUTH 89°31'55” WEST, 659.62 FEET; THENCE NORTH 00°09'57” EAST, 330.97 FEET; THENCE NORTH 89°10'23” EAST, 243.71 FEET; THENCE SOUTH 140.00 FEET; THENCE NORTH 89°10'23” EAST, 415.00 FEET TO THE POINT OF BEGINNING, LESS THE EAST 25.00 FEET THEREOF FOR ROADWAY.

Parcel B

A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA.

DESCRIPTION OF PARCEL:

THE SOUTH 1/2, OF THE NORTHWEST 1/4, OF THE SOUTHWEST 1/4, OF THE SOUTHWEST 1/4, OF SECTION 2, TOWNSHIP 44 SOUTH, RANGE 24 EAST.

AND

THAT PORTION OF THE WEST 1/2, OF THE SOUTHWEST 1/4, OF THE SOUTHWEST 1/4, OF THE SOUTHWEST 1/4, OF SAID SECTION 2 THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 45 (TAMIAMI TRAIL) AND LIES NORTHERLY OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE NORTHEAST CORNER OF SAID WEST 1/2, OF THE SOUTHWEST 1/4, OF THE SOUTHWEST 1/4, OF THE SOUTHWEST 1/4, OF SAID SECTION 2; THENCE S. 89°11'32” W. ALONG THE NORTH LINE OF SAID WEST 1/2 FOR 27.72 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE S. 50°31'57” W. FOR 234.73 FEET TO SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 45 AND THE TERMINUS OF SAID LINE.

TOGETHER WITH THE FOLLOWING JOINT INGRESS-EGRESS EASEMENT DESCRIBED AS FOLLOWS:
FROM THE POINT OF COMMENCEMENT BEING THE INTERSECTION OF THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2, AND SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 45; THENCE S. 39°28'03” E. ALONG SAID RIGHT-OF-WAY LINE FOR 131.11 FEET TO THE POINT OF BEGINNING OF SAID JOINT INGRESS-EGRESS EASEMENT; FROM SAID POINT OF BEGINNING; THENCE CONTINUE S. 39°28'03” E. ALONG SAID RIGHT-OF-WAY FOR 40.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, N. 50°31'57” E. FOR 35.00 FEET; THENCE N. 39°28'03” W. FOR 40.00 FEET; THENCE S. 50°31'57” W. FOR 35.00 FEET TO SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 45 AND THE POINT OF BEGINNING, AS SHOWN IN THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREATION OF AN EASEMENT FOR JOINT/CROSS ACCESS RECORDED JANUARY 7, 2004 IN O.R. BOOK 4165, PAGE 980, AS CORRECTED IN O.R. BOOK 4206, PAGE 1557, PUBLIC RECORDS OF LEE COUNTY, FLORIDA.

(b) Together with all buildings, structures and improvements now located or later to be constructed on the premises; together with

(c) All existing and future appurtenances, privileges, easements, franchises and tenements of the property, including all minerals, oil, gas, other hydrocarbons and associated substances, sulphur, nitrogen, carbon dioxide, helium and other commercially valuable substances which may be in, under or produced from any part of the property, all development rights and credits, air rights, water, water rights (whether riparian, appropriative or otherwise, and whether or not appurtenant) and water stock, and any property lying in the streets, roads or avenues, open or proposed, in front of or adjoining the property and improvemnts; together with

(d) All existing and future leases, subleases, subtenancies, licenses, occupancy agreements and concessions (“leases”) relating to the use and enjoyment of all or any part of the property and improvements, and any and all guaranties and other agreements relating to or made in connection with any of such leases; together with

(e) All real property and improvements on it, and all appurtenances and other property and interests of any kind or character, which maybe reasonably necessary or desirable to promote the present and any reasonable future beneficial use and enjoyment of the property and improvements; together with

(f) All goods, materials, supplies, chattels, furniture, fixtures, equipment and machinery to be attached to, placed in or on, or used in connection with the use, enjoyment, occupancy or operation of all or any part of the property and improvements, whether stored on the property or elsewhere, including all pumping plants, engines, pipes, ditches and flumes, and also all gas, electric, cooking, heating, cooling, air conditioning, ligthing, refrigeration and plumbing fixtures and equipment, and any manufacturer's warranties with respect thereto; together with

(g) All building materials, equipment, work in process or other personal property of any kind, whether stored on the property or elsewhere, which have been or later will be acquired for the purpose of being delivered to, incorporated into or installed in or about the property or improvements; together with

(h) All of NCNFM, LLC's (“Mortgagor”, “Assignor” or “Debtor”) interest in and to all operating accounts, the loan funds, whether disbursed or not, all reserves set forth in the budget, and any other bank accounts of Mortgagor; together with

(i) All rights to the payment of money, accounts, accounts receivable, reserves, deferred payments, refunds, cost savings, payments and deposits, whether now or later to be received from third parties (including all earnest money sales deposits) or deposited by Mortgagor with third parties (including all utility deposits), contract rights, development and use rights, governmental permits and licenses, applications, architectural and engineering plans, specifications and drawings, as-built drawings, chattel paper, instruments, documents, notes, drafts and letters of credit (other than letters of credit in favor Mortgagee), which arise from or relate to construction on the property or to any businesses now or later to be conducted on it, or to the property and improvements, generally and any builder's or manufacturer's warranties with respect thereto; together with

(j) All insurance policies pertaining to the property and all proceeds, including all claims to and demands for them, of the voluntary or involuntary conversion of any of the property, improvements or other property described above into cash or liquidated claims, including proceeds of all present and future fire, hazard or casualty insurance policies and all condemnation awards or payments now or later to be made by any public body or decree by any court of competent jurisdiction for any taking or in connection with any condemnation or eminent domain proceeding, and all causes of action and their proceeds for any damage or injury to the property, improvements or the other property described above or any part of them, or breach of warranty in connection with the construction of the improvements, including causes of action arising in tort, contract, fraud or concealment of a material fact; together with

(k) All of Mortgagor's rights in and to all interest rate agreements;

(l) All books and records pertaining to any and all of the property described above, including computer-readable memory and any computer hardware or software necessary to access and process such memory; together with

(m) All proceeds of, additions and accretions to, substitutions and replacements for, and changes in any of the property described above.

Together with all rents, royalties, issues, profits, revenue, income, accounts, proceeds and other benefits of the property, whether now due, past due, or to become due, including all prepaid rents and security deposits.

Together with

(a) any and all leases, licenses, rental agreements and occupancy agreements affecting all or any part of the property and any and all guarantees, extensions, renewals, replacements and modifications thereof.

(b) all issues, profits, security or other deposits, revenues, royalties, accounts, rights, benefits and income of every nature of and from the property, including, without limitation, minimum rents, additional rents, termination payments, bankruptcy claims, forfeited security deposits, damages following default and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability due to destruction or damage to the property, together with the immediate and continuing right to collect and receive the same, and together with all rights and claims of any kind that Assignor may have against any tenant, lessee or licensee under the leases or against any other occupant of the property.

Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and any and all buildings, improvements, and fixtures, existing on the real property, and any and all personal property used or to be used in connection wth the operation of any business on the property whether or not attached to the land, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof, and also in all the estate, rights, title, interest, property and possession, claim and demand of, in, and to the same, and every part and parcel thereof with the appurtenances.

Together with all present and future profits, income, and issues from the property and each and every part and parcel thereof, and also all present and future right, title, and interest of the Debtor under and by virtue of each and every franchise, license, permit, leases, any other documents or contractual right, written or verbal, covering any part or parcel of property, and any and all amendments to or modification, extensions or renewals of any of such.
at Public Sale, on July 18, 2012, to the highest and best bidder for cash at: By electronic sale beginning at 9:00 a.m. on the prescribed date at www.lee.realforeclose.com.
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 June 22, 2012
CHARLIE GREEN
CLERK OF COURT
LEE COUNTY, FLORIDA
(SEAL) By: S. Hughes
As Deputy Clerk
Attorney for Plaintiff:
MARK D. HILDRETH, ESQUIRE,
P.O. Box 49948,
Sarasota, FL 34230
SLK_SAR: #161411v1
June 29; July 6, 2012 12-03129L