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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT
OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
GENERAL JURISDICTION
DIVISION
CASE NO. 10-CA-060170
MULTIBANK 2009-1 CRE
VENTURE, LLC, a Delaware
limited liability company,
Plaintiff, v.
944CC, INC., a dissolved Florida corporation, LAURA F. FISH, an individual, VERN E. FISH, an
individual, SUSAN JOHNS, an
individual, and MICHAEL O'BOYLE, an individual,
Defendants.
NOTICE IS HEREBY GIVEN that, the undersigned Clerk of the Circuit Court of Lee County, Florida, will on the 9 day of April, 2012, at 9:00 a.m., sell to the highest bidder for cash at www.lee.realforeclose.com, the Clerk's website for on-line auctions, in accordance with the Final Judgment of Foreclosure filed in the above-styled action on March 9, 2012 the following described property in Lee County, Florida:
See Exhibit “1”
Property Description
EXHIBIT “1”
(Property Description)
Note: the term “Debtor” shall mean Defendant 944CC, INC.
All of Debtor's right, title and interest in and to the land (the “Real Property”) described in Exhibit “A” attached hereto, and the buildings, structures, fixtures and other improvements now or hereafter located thereon.
TOGETHER WITH all the property described in Exhibit “B” attached hereto.
EXHIBIT “A”
Parcel 1:
From the Point of Beginning at the most Easterly corner of Lot 11, being common with Lot 10, Block B, River's Edge, a subdivision in Section 11, Township 44 South, Range 24 East, as recorded in Plat Book 8, Page 53, of Lee County, Florida public records; thence North 31Ëš48'10” West along the Southwesterly right of way (50.00 feet from centerline) of Tamiami Trail (US 41) for 50.00 feet; thence South 58Ëš11'50” West for 257.98 feet; thence South 29Ëš53'24” East for 50.03 feet; thence North 58Ëš11'50” East for 259.65 feet to the Point of Beginning. Being also the South Half of said Lot 11.
Parcel 2:
The Northerly 50 feet of Lot 11, Block B, River's Edge, as recorded in Plat Book 8, Page 53, Public Records of Lee County, Florida.
Parcel 3:
The South half of Lot 12, Block B, River's Edge, as recorded in Plat Book 8, page 53, Public Records of Lee County, Florida, LESS all that part of Lot 12, Block B, of River's Edge, according to the map or plat thereof recorded in Plat Book 8, page 53 of the Public Records of Lee County, Florida, lying Southwesterly and Southeasterly of the following described line: From a point on the Southwesterly line (50 feet from the centerline) of the Tamiami Trail (State Road No. 45, U.S. No. 41) marking the Southeast corner of said Lot 12 run South 58Ëš10'40” West along the Southeasterly line of said Lot 12 for 110.07 feet to the point of beginning of the herein described line. From said point of beginning run North 31Ëš09'20” West, for 50 feet; thence run South 58Ëš10'40” West, parallel with and 50 feet Northwesterly of said Southeasterly line of Lot 12 for 121.53 feet to the Westerly line of said Lot 12.
EXHIBIT “B”
(Personal Property)
1. All machinery; apparatus, equipment, fittings, fixtures, furniture, furnishings and other personal property of any kind whatsoever now owned or hereafter acquired, and located on or used in connection with the real property described on Exhibit “A” attached hereto (the “Real Property”) whether or not attached to such Real Property, and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now owned or hereafter acquired, including, but without limiting the generality of the foregoing, all electrical heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing; lifting; cleaning; fire prevention; fire extinguishing; refrigeration; ventilating and communications apparatus; boilers; ranges; furnaces; oil burners or units thereof; appliances; air-cooling and air-condition 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.
2. All of Debtor's interest in all building materials and equipment now or hereafter acquired and located on the Real Property, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, air conditioners, brick, tile, water heaters, screens, window frames, glass doors and windows, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating, air conditioning and ventilating appliances and equipment; together with all proceeds, additions and accessions thereto and replacements thereof.
3. All of Debtor's interest as lessor in and to all leases or rental arrangements, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered in to by Debtor during the life of the security agreements or any extension or renewal thereof, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.
4. Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of the street, or (c) any other injury to, taking of, or decrease in the value of the Real Property.
5. All of the right, title and interest of the Debtor in and to all unearned premiums secured, accruing or to accrue under any and all insurance policies nor or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss or damage to Real Property.
6. All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon, operation of or sale of the Real Property, including without limitation, engineer's and/or architect's contracts, drawings, plans, specifications, general contracts, floor plans, franchise agreements, contracts for the purchase of furniture, fixtures and equipment, construction contracts, addenda and modifications, and any agreements for deed and installment land contracts.
7. All of the right, title and interest of the Debtor in and to all trade names and copyrights owned by Debtor exclusively in connection with the Real Property.
8. All of Debtor's interest in all utility security deposits or bonds on the Real Property or any part or parcel thereof.
9. All permits and licenses relating to the ownership, use and operation of the Real Property and the improvements thereon.
10. All of Debtor's accounts (whether checking, savings or some other account), or securities now or hereafter in the possession of or on deposit with Secured Party or with any parent company or affiliate of Secured Party.
11. Any and all other assets of personal property, whether now owned or hereafter acquired, and located on or used in connection with the Real Property.
Any person or entity claiming an interest in the surplus, if any, resulting from the foreclosure sale, other than the property owner, as of the date of the Lis Pendens must file a claim on same with the Clerk of the Court within 60 days after the foreclosure sale.
Witness my hand and official seal of said court this 12 day of March, 2012.
CHARLIE GREEN
Clerk of Court
(SEAL) By: S. Hughes
By Deputy Clerk
GREENBERG TRAURIG, P.A.
RONALD M. ROSENGARTEN, ESQ.
Attorney for Plaintiff
333 Avenue of the Americas
Suite 4400
Miami, Florida 33131
Telephone: (305) 579-0500
Fax: (305) 579-0717
March 23, 30, 2012 12-01349L