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FIRST INSERTION
THIRD aMENDED
NOTICE OF SALE
in the circuit court of the
TWENTIETH judicial
circuit in and for lee county, florida
civil action
Case No. 10-CA-058846
JUDGE JOSEPH C. FULLER
FH PARTNERS, LLC, a Texas limited liability company
Plaintiff, vs.
TOWNLAKES SQUARE, LLC, a Florida limited liability company, JOHANN PFUNER, individually, CHRISTA PFUNER, individually, HEINZ PFUNER, individually, THOMAS PFUNER, individually,
I & E HOMES, INC., a Florida corporation, VILLAGE ON THE LAKES MASTER ASSOCIATION, INC., a Florida non-profit
corporation, UNKNOWN TENANT #1 and UNKNOWN TENANT #2,
Defendants.
Notice is given that pursuant to the Final Judgment of Foreclosure filed on the 5th day of March, 2012, in Civil Action No. 10-CA-055846, of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, in which FH PARTNERS, LLC is the Plaintiff, I will sell to the highest and best bidder for cash at www.lee.realforeclose.com at 9:00 a.m. on the 1 day of August, 2012, the following described property as set forth in the Final Judgment of Foreclosure in Lee County, Florida:
PARCEL I:
A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 30, Township 44 South, Range 27 East, being further described as follows:
Commencing at the Southeast corner of said Section 30; thence N 02 degrees 23' 27” W along the East line of said Section 30, a distance of 2895.86 feet to the Point of Beginning; thence S 89 degrees 01' 57” W, a distance of 161.24 feet; thence N 47 degrees 24' 48” W, a distance of 63.73 feet; thence S 42 degrees 35' 12” W, a distance of 246.64 feet; thence N 00 degrees 58' 03” W, a distance of 325.79 feet; thence N 89 degrees 01' 57” E, a distance of 15.41 feet; thence S 47 degrees 22' 54” E, a distance of 56.45 feet; thence N 42 degrees 37' 06” E, a distance of 167.86 feet; thence N 02 degrees 23' 27” W, a distance of 130.61 feet; thence N 87 degrees 36' 33” E, a distance of 198.59 feet to a point on the East line of said Section 30; thence S 02 degrees 23' 27” E along said East line, a distance of 409.20 feet to the Point of Beginning.
PARCEL II:
A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 30, Township 44 South, Range 27 East, being further described as follows: Commencing at the Southeast corner of said Section 30; thence North 02 23' 27” West, along the East line of said Section 30, a distance of 2,620.84 feet; thence South 89 03' 17” West a distance of 517.92 feet to the Point of Beginning; thence continue South 89 03' 17” West, a distance of 407.63 feet; thence North 02 23' 20” West, a distance of 543.52 feet; thence North 89 03' 17” East a distance of 325.51 feet; thence North 02 23' 20” West, a distance of 59.33 feet; thence North 89 01' 57” East a distance of 67.70 feet; thence South 00 56' 43” East a distance of 179.68 feet; thence North 89 03' 17” East a distance of 29.60 feet; thence South 00 56' 43” East a distance of 423.00 feet to the Point of Beginning.
PARCEL III:
A parcel lying in Section 30, Township 44 South, Range 27 East, Lee County, Florida (Town Lake Commercial - Parcel A) A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 30, Township 44 South, Range 27 East, being further described as follows: Commencing at the Southeast corner of said Section 30; thence North 02°23'27” West, along the East line of said Section 30, a distance of 2,895.86 feet to the Point of Beginning; thence South 89°01'57” West a distance of 161.24 feet; thence North 47°24'48” West a distance of 277.13 feet; thence South 89°01'57” West a distance of 115.39 feet; thence North 00°58'03” West, a distance of 137.00 feet; thence South 89°01'57” West a distance of 130.68 feet; thence North 02°23'20” West, a distance of 635.07 feet; thence North 89°03'17” East a distance of 600.00 feet to a point on the said East line of Section 30; thence South 02°23'27” East, along said line, a distance of 962.90 feet to the Point of Beginning. LESS AND EXCEPT THE FOLLOWING: A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 30, Township 44 South, Range 27 East, being further described as follows: Commencing at the Southeast corner of said Section 30; thence North 02°23'27” West along the East line of said Section 30, a distance of 2,895.86 feet to the Point of Beginning; thence South 89°01'57” West a distance of 161.24 feet; thence North 47°24'48” West, a distance of 220.68 feet; thence North 42°37'06” East a distance of 167.86 feet; thence North 02°23'27” West, a distance of 130.61 feet; thence North 87°36'33” East, a distance of 198.59 feet to a point on the East line of said Section 30; thence South 02°23'27” East, along said East line, a distance of 409.28 feet to the Point of Beginning.
AND THE PERSONAL PROPERTY LOCATED ON PARCELS II AND III DESCRIBED AS FOLLOWS:
All fixtures, machinery, equipment, furniture and furnishings and personal property of every nature whatsoever now or hereafter owned by Townlakes Square, LLC and located in, on, or used or intended to be used, in connection with or with the operation of the real estate described as Parcels II and III and buildings, structures or other improvements, including all extensions, additions, improvements, betterments, renewals and replacements to any of the foregoing; all building materials, equipment, fixtures and fittings of every kind or character now owned or hereafter acquired by Townlakes Square, LLC for the purpose of being used or useful in connection with the improvements located or to be located on the real estate described as Parcels II and III, and whether such materials, equipment, fixtures and fittings are actually located on or adjacent to said real estate or not, and whether in storage or otherwise, wheresoever the same may be located;
All lumber and lumber products, bricks, building stones and building blocks, sand and cement, roofing material, paint, doors, windows, hardware, nails, wires and wiring, plumbing and plumbing fixtures, heating and air conditioning equipment and appliances, electrical and gas equipment and appliances, pipes and piping, ornamental and decorative fixtures, furniture, ranges, refrigerators, dishwashers, disposals, and in general all building materials and equipment of every kind and character used or useful in connection with said improvements;
All of Townlakes Square LLC's present and future accounts, contract rights, instruments, documents, chattel paper, general intangibles (including but not limited to trademarks, tradenames, patents, copyrights, and all other forms of intellectual property, and tax refunds), returned and repossessed goods and all of Townlakes Square LLC's rights as a seller of goods; all collateral securing any of the foregoing; all deposit accounts, special and general, whether on deposit with Plaintiff or others;
All right, title and interest of Townlakes Square LLC's in and to (a) the plans and specifications for the above described improvements, (b) Townlakes Square LLC's books and records relating to the real estate described as Parcels II and III and the improvements to be constructed and operated thereon, (c) all applications and commitments now in existence or hereafter made or issued relating to the permanent financing of such improvements and (d) all contracts now or hereafter made by Debtor relating to the real estate described as Parcels II and III or the construction, equipping, marketing, management, sale or lease of all or any part of such real estate or the improvements now or hereafter located thereon, including all rents, security deposits and other payments derived therefrom.
Dated this 3 day of July, 2012.
Charlie Green
Clerk of Court
(SEAL) By: S. Hughes
Deputy Clerk
Lori L. Moore
Attorney for Plaintiff
ROETZEL & ANDRESS
2320 First Street
Fort Myers, FL 33901
239-337-3850
July 13, 20, 2012 12-03246L