12-01372L

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION - Judge McHugh
CASE NO.: 10-CA-060339
FANNIE MAE,
Plaintiff, vs.
LATELL CROIX APARTMENTS, LTD., a Florida limited
partnership; FRANK A. LATELL; CROIX APARTMENTS OF LEE COUNTY, INC., a Florida
corporation,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Summary Judgment of Foreclosure on Counts I and II of Plaintiff's Verified Complaint filed January 30, 2012 (the “Judgment”), entered in Civil Case No. 2010-CA-060339 of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida in which FANNIE MAE is Plaintiff, and LATELL CROIX APARTMENTS, LTD., a Florida limited partnership, FRANK A. LATELL, and CROIX APARTMENTS OF LEE COUNTY, INC., a Florida corporation, are Defendants.
The Clerk of Court will sell the Mortgaged Property as defined in the Judgment and as set forth below at a public sale on May 18, 2012 at 9:00 a.m. to the “highest bidder,” for cash at the following location for on-line foreclosure sales at www.lee.realforeclose.com, in accordance with Section 45.031, Florida Statutes. 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 Mortgaged 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 Mortgaged 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 following the sale.
The following property located in Lee County, Florida, is the subject of this Notice of Sale:
See Exhibits “A” and “B”
attached hereto

Exhibit “A”

All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Lee County, City of Fort Myers and State of Florida, bounded and described as follows:

The South one half of Lots V, W, and X, LESS the East 30 feet of Lot X, the South 10 feet of Lots V and W, and the South 5 feet of Lot X, for road right-of-way, in Dr. Hanson's Subdivision, according to the map or plat thereof as recorded in Plat Book 1, Page 17, Public Records of Lee County, Florida.

TOGETHER with all right, title and interest of, in and to any streets and roads abutting the above described premises.

SAID PREMISES being known as and by the street number 1901 Linhart Avenue, Fort Myers, Florida 33901

Exhibit “B”

All of Borrower's present and future right, title and interest in and to all of the following*:

(1) the Land;

(2) the Improvements;

(3) the Fixtures;

(4) the Personalty;

(5) all current and future rights, including air rights, development rights, zoning rights and other similar rights or interests, easements, tenements, rights-of-way, strips and gores of land, streets, alleys, roads, sewer rights, waters, watercourses, and appurtenances related to or benefiting the Land or the Improvements, or both, and all rights-of-way, streets, alleys and roads which may have been or may in the future be vacated;

(6) all proceeds paid or to be paid by any insurer of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property, whether or not Borrower obtained the insurance pursuant to Lender's requirement;

(7) all awards, payments and other compensation made or to be made by any municipal, state or federal authority with respect to the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property, including any awards or settlements resulting from condemnation proceedings or the total or partial taking of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property under the power of eminent domain or otherwise and including any conveyance in lieu thereof;

(8) all contracts, options and other agreements for the sale of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property entered into by Borrower now or in the future, including cash or securities deposited to secure performance by parties of their obligations;

(9) all proceeds from the conversion, voluntary or involuntary, of any of the above into cash or liquidated claims, and the right to collect such proceeds;

(10) all Rents and Leases;

(11) all earnings, royalties, accounts receivable, issues and profits from the Land, the Improvements or any other part of the Mortgaged Property, and all undisbursed proceeds of the loan secured by this Instrument and, if Borrower is a cooperative housing corporation, maintenance charges or assessments payable by shareholders or residents;

(12) all Imposition Deposits;

(13) all refunds or rebates of Impositions by any municipal, state or federal authority or insurance company (other than refunds applicable to periods before the real property tax year in which this Instrument is dated);

(14) all tenant security deposits which have not been forfeited by any tenant under any Lease; and

(15) all names under or by which any of the above Mortgaged Property may be operated or known, and all trademarks, trade names, and goodwill relating to any of the Mortgaged Property.

*All capitalized terms are defined in the Mulitfamily Mortgage, Assignment of Rents, and Security Instument (the “Mortgage”) dated September 14, 2005 and recorded on September 16, 2005, in the Official Records of Lee County, Florida as Instrument Number 2005000027490.
(collectively, the “Mortgaged Property”).
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.
WITNESS my hand and seal of this Court on March 15, 2012.
Charlie Green
Clerk of Circuit Court
(COURT SEAL) By: K. Dix
Deputy Clerk
Lawrence P. Rochefort, Esquire
Noelle M. Page, Esquire
Akerman Senterfitt
222 Lakeview Avenue, Suite 400
West Palm Beach, Florida 33401
Telephone: (561) 653 5000
Facsimile: (561) 659-6313
[email protected]
[email protected]
March 23, 30, 2012 12-01372L