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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT
OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR
COLLIER COUNTY, FLORIDA
CIVIL ACTION
CASE NO. 11-3010-CA
BRANCH BANKING AND TRUST COMPANY, a North Carolina
banking corporation,
Plaintiff, vs. RONALD L. GLAS, individually
and as TRUSTEE OF THE
RONALD L. GLAS REVOCABLE TRUST DATED JUNE 6, 1990, SHARON A. GLAS, individually and as TRUSTEE OF THE SHARON A. GLAS REVOCABLE TRUST DATED JUNE 6, 1990, REGIONS BANK, as successor-in-interest to AMSOUTH BANK and MARCO
ISLAND CIVIC ASSOCIATION, INC., a Florida not-for-profit corporation,
Defendants.
NOTICE IS GIVEN that pursuant to the Summary Final Judgment of Foreclosure entered on the 18 day of May, 2012, in Civil Action No. 11-3010-CA, of the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, in which Ronald L. Glas, et al., are the Defendants, Branch Banking and Trust Company, a North Carolina banking corporation, is the Plaintiff, I will sell to the highest and best bidder for cash on June 18, 2012, at 11:00 a.m., at Collier County Courthouse Annex, 1st Floor Atrium, 3315 Tamiami Trail East, Naples, Florida 34112, in accordance with Section 45.031, Florida Statutes, the following described real property as set forth in the Final Judgment of Foreclosure in Collier County, Florida:
Lot 4, Block 52, MARCO BEACH UNIT TWO, a Subdivision, according to the plat thereof recorded in Plat Book 6, Pages 25 through 31, of the Public Records of Collier County, Florida.
Lot 3, Block 68, MARCO BEACH UNIT TWO, a Subdivision, according to the plat thereof recorded in Plat Book 6, Pages 25 through 31, of the Public Records of Collier County, Florida.
Lot 30, Block 79, MARCO BEACH UNIT THREE, a Subdivision, according to the plat thereof recorded in Plat Book 6, Pages 17 through 24, of the Public Records of Collier County, Florida.
Lot 10, Block 103, MARCO BEACH UNIT THREE, a Subdivision, according to the plat thereof recorded in Plat Book 6, Pages 17 through 24, of the Public Records of Collier County, Florida.
Lot 44, Block 250, MARCO BEACH UNIT SIX, a Subdivision, according to the plat thereof recorded in Plat Book 6, Pages 47 through 54, of the Public Records of Collier County, Florida.
AND THE PERSONAL PROPERTY THEREON DESCRIBED ON EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
EXHIBIT “A”
TOGETHER WITH THE FOLLOWING PERSONAL PROPERTY OF DEFENDANTS, RONALD L. GLAS, individually and as TRUSTEE OF THE RONALD L. GLAS REVOCABLE TRUST DATED JUNE 6, 1990, and SHARON A. GLAS, individually and as TRUSTEE OF THE SHARON A. GLAS REVOCABLE TRUST DATED JUNE 6, 1990:
a. All of Defendants' right, title and interest, if any, in and to all fixtures, equipment and tangible personal property of any nature whatsoever that is now or hereafter (i) attached or affixed to the real property (the “Land”), the appurtenances to the Land (the “Appurtenances”) or the improvements on the Land (the “Improvements”), or (ii) situated upon the Land, the Appurtenances and/or the Improvements, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (iii) used, regardless of where situated, if used, usable or intended to be used, in connection with any present or future use or operation of or upon the Land. The foregoing includes: all goods and inventory, all heating, air conditioning, lighting, incinerating and power equipment; all engines, compressors, pipes, pumps, tanks, motors, conduits, wiring and switchboards; all plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating, and communications and public address apparatus; all signage and recreational amenities including, without limitation, swimming pools, exercise equipment, tennis courts, clubhouse furnishings or saunas; all boilers, furnaces, oil burners, vacuum cleaning systems, elevators and escalators; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets and partitions; all rugs, draperies and carpets; all laundry equipment; all building materials; all furniture (including, without limitation, any outdoor furniture), furnishings, office equipment and office supplies; and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing (hereinafter “Tangible Property”).
b. All rents, issues, incomes and profits in any manner arising from the Land, Improvements or Tangible Property, or any combination thereof, including Defendants' interest in and to all leases of whatsoever kind or nature, licenses, franchises and concessions of or relating to all or any portion of the Land, Appurtenances, Improvements or Tangible Property, or the operation thereof, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations thereof (hereinafter “Rents”).
c. All of Defendants' right, power or privilege to further encumber any of the Land, Improvements, Appurtenances, Tangible Property, and Rents, it being intended by this provision to divest Defendants of the power to encumber or to grant a security interest in any of the Land, Improvements, Appurtenances, Tangible property, and Rents, as security for the performance of an obligation.
d. All proceeds of the conversion, voluntary or involuntary, of any of the Land, Improvements, Appurtenances, Tangible Property, and Rents into cash or other liquidated claims, or that are otherwise payable for injury to or the taking or requisitioning of any such property, including all judgments, settlements and insurance and condemnation proceeds.
e. All of Defendants' right, title and interest in and to any and all contracts, or leases, written or oral, expressed or implied, now existing or hereafter entered into or arising, in any matter related to the improvement, use, operation, sale, conversion or other disposition of any interest in the Land, Appurtenances, Improvements, Tangible Property or the Rents, or any combination thereof, including all tenant leases, sales contracts, reservation deposit agreements, any and all deposits, prepaid items, and payments due and to become due thereunder; and including, without limitation, contracts pertaining to maintenance, on-site security service, elevator maintenance, landscaping services, building or project management, marketing, leasing, sales and janitorial services, Defendants' interest as lessee in equipment leases, including telecommunications, computers, vending machines, model furniture, televisions, laundry equipment; Defendants' interest under that contract with the United States Department of Housing and Urban Development (“HUD”) as assigned to Defendants and as now or hereafter extended or amended (the “HAP Contract”); and Defendants' interest in construction contracts or documents (including architectural drawings and plans and specification relating to the Improvements), service contracts, use and access agreements, advertising contracts and purchase orders (hereinafter the “Contract Rights”). Notwithstanding the foregoing, Lender will not be bound by and of Defendants' obligations under any of the foregoing contracts unless and until Lender elects to assume any of such contracts or leases in writing.
f. All right, title and interest of Defendants in and to all trade names, project names, logos, service marks, trademarks, goodwill, and slogans now or hereafter used in connection with the operation of the Land and Improvements.
g. All contract rights, rents, commissions, money, deposits, certificates of deposit, letters of credit, documents, instruments, chattel paper, accounts, accounts receivable, and general intangibles [as such terms from time to time are defined in the Uniform Commercial Code (the “Uniform Commercial Code”)]. in any manner related to the construction, use, operation, sale, conversion or other disposition (voluntary or involuntary) of the Land, Appurtenances, Improvements, Tangible Property or Rents, including all construction plans and specification, architectural plans, engineering plans and specifications, permits, governmental or quasi-governmental approvals, licenses, developer rights, vested rights under any Plan Unit Development or Development of Regional Impact or other project, zoning, or land use approval, insurance policies, rights of action and other choses in action (the “General Intangibles”).
h. All of the Defendants' right, title and interest in and to all accounts and accounts receivable and any other revenue collected by Defendants' in connection with the Land and Improvements (the “Accounts”).
i. All of Defendants' proceeds from the Land, Improvements, Appurtenances, Tangible Property, Fixtures, Equipment, Rents, Contract Rights, General Intangibles, and Accounts, including, without limitation, all proceeds of the conversion, voluntary or involuntary, of the Land and Improvements into cash or other liquidated claims, or that are otherwise payable for injury or loss to, or the taking, conversion, requisitioning or destruction of, any and all Land or Improvements, including all insurance and condemnation proceeds.
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 sixty (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 John Carter, 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 this 22 day of May, 2012
DWIGHT E. BROCK
Clerk of Court
By: Gina Burgos
Deputy Clerk
Lori L. Moore
ROETZEL & ANDRESS 2320 First Street Fort Myers, Florida 33901 Telephone: (239) 337-3850
Attorney for Plaintiff
June 1, 8, 2012 12-1861C