12-4065C

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT
OF THE TWENTIETH JUDICIAL DISTRICT, IN AND FOR
COLLIER COUNTY. FLORIDA
Case No.: 11-3110-CA
EVERBANK, as successor
in interest to BANK OF
FLORIDA - SOUTHWEST,
Plaintiff, v.
LEE HOLLANDER, P.A.,
IBERIABANK, STANFORD SQUARE OWNERS'
ASSOCIATION, INC.,
and LEE HOLLANDER,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Stipulated Final Judgment of
Foreclosure entered in the above-styled cause in the Circuit Court in and for Collier County, Florida, I will sell at public auction to the highest bidder in cash at the Collier County Annex Courthouse, 3315 Tamiami Trail East, 1st Floor Atrium, Naples, Florida, 34112 on December 19, 2012, at 11:00 a.m., that certain property situated in the County of Collier, State of Florida, more particularly described in the attached Exhibit A.
EXHIBIT A

Unit 401 of Stanford Square, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 2866, Pages 680-746, inclusive, of the Public Records of Collier County, Florida, and any amendments thereto, together with its undivided share in the common elements.
(hereinafter “Real Property”)

(a) THE IMPROVEMENTS. Together with all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Real Property, and all fixtures, machinery, appliances, equipment, and personal property of every nature whatsoever now or hereafter owned by Lee Hollander, P.A. (“Mortgagor”) and located in or on, or attached to, or used or intended to be used in connection with or with the operation of, the Real Property, buildings, structures or other improvements, including all extensions, additions, improvements, betterments, renewals and replacements to any of the foregoing and all of the right, title and interest of Mortgagor in and to any such personal property or fixtures together with the benefit of any deposits or payments now or hereafter made by Mortgagor or on its behalf (the “Improvements”);

(b) EASEMENTS OR OTHER INTERESTS. Together with all easements, zoning variances and exceptions, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by
Mortgagor, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law as well as in equity, of Mortgagor of, in and to the same, including but not limited to all judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the Real Property and property described in paragraphs (a) and (b) hereof or any party thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Real Property and property described in paragraphs (a) and (b) hereof or any part thereof, or to any rights appurtenant thereto, and !
(c) ASSIGNMENT OF RENTS. Together with all rents, royalties, issues, profits, revenue, income and other benefits from the Real Property and any property described in paragraphs (a) and (b) hereof to be applied against the indebtedness and other sums secured hereby, provided, however, that permission is hereby given to Mortgagor so long as no default has occurred hereunder, to collect, receive, take, use and enjoy such rents, royalties, issues, profits, revenue, income and other benefits as they become due and payable, but not in advance thereof. The foregoing assignment shall be fully operative without any further action of the part of either party and specifically EverBank (“Mortgagee”) shall be entitled, at its option upon the occurrence of a default hereunder, to all rents, royalties, issues, profits, revenue, income and other benefits from the Real Property and any property described in paragraphs (a) and (b) hereof whether or not Mortgagee takes possession of such Real Property and property described in paragraphs (a) and (b) hereof. Upon any such default hereunder, the permission hereby given to Mortgagor to collect such rents, royalties, issues, profits, revenue, income and other benefits from the Real Property and the property described in paragraphs (a) and (b) hereof shall terminate and such permission shall not be reinstated upon a cure of the default without the specific consent of Mortgagee. Neither the exercise of any rights under this paragraph by
Mortgagee nor the application of any such rents, royalties, issues, profits, revenue, income or other benefits to the indebtedness and other sums secured hereby, shall cure or waive any default or notice of default hereunder or invalidate any act done
pursuant hereto or to any such notice, but shall be cumulative of all other rights and remedies.

(d) ASSIGNMENT OF LEASES. Together with all right, title, and interest of Mortgagor in and to any and all leases now or hereafter on or affecting the Real Property and any property described in paragraphs (a) and (b) hereof, together with all security therefor and all monies payable thereunder, subject, however, to the conditional permission hereinabove given to Mortgagor to collect the rentals under any such lease. The foregoing assignment of any lease shall not be deemed to impose upon Mortgagee any of the obligations or duties of Mortgagor provided in any such lease, and Mortgagor agrees to fully perform all obligations of the lessor under all such leases. Upon Mortgagee's request, Mortgagor agrees to send to Mortgagee a list of all leases covered by the foregoing assignment and as any such lease shall expire or terminate or as any new lease shall be made, Mortgagor shall so notify Mortgagee in order that at all times Mortgagee shall have a current list of all leases affecting the Real Property and the property described in paragraphs (a) and (b) hereof. Mortgagee shall have the right, at any time and from time to time, to notify any lessee of the rights of Mortgagee as provided by this paragraph. From time to time, upon request of Mortgagee, Mortgagor shall specifically assign to Mortgagee as additional security hereunder, by an instrument in writing in such form as may be approved by Mortgagee, all right, title and interest of Mortgagor in and to any and all leases now or hereafter on or affecting the Property (as hereinafter defined), together with all security therefor and all monies payable thereunder, subject to the conditional permission hereinabove given to Mortgagor to collect the rentals under any such lease. Mortgagor shall also execute and deliver to Mortgagee any notification, financing statement or other document reasonable required by Mortgagee to perfect the foregoing assignment as to any such lease.

This instrument constitutes an absolute and present assignment of the rents, royalties, issues, profits, revenue, income and other benefits from the property: (as hereinafter defined), Mortgagor to collect, receive, take, use and enjoy the same as provided hereinabove; provided, further, that the existence or exercise of such right of Mortgagor shall not operate to subordinate this assignment to any subsequent assignment, in whole or in part, by Mortgagor, and any such subsequent assignment, in whole or in part, by Mortgagor, and any such subsequent assignment by Mortgagor shall be subject to the rights of Mortgagee hereunder.

(e) FIXTURES AND PERSONAL PROPERTY. Together with a security interest in all fixtures, fittings, furnishings, appliances, apparatus, equipment, machinery and other personal property, including, without limitation, all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, ovens, elevators and motors, bathtubs, sinks, water closets, basins, pipes, faucets and other air conditioning, plumbing, and heating fixtures, mirrors, mantles, refrigerating plant, refrigerators, iceboxes, dishwashers, carpeting, furniture, laundry equipment, cooking apparatus and appurtenances, and all building material, supplies and equipment now located on or hereafter delivered to the Real Property and intended to be installed therein; all other fixtures and personal property of whatever kind and nature at present contained in or hereafter placed in any building standing of the Real Property; and all renewals or replacements thereof or articles in substitution thereof; and all proceeds and profits thereof and all of the estate, right, title and interest of Mortgagor in and to all property of any nature whatsoever, now or hereafter situated on the Real Property or intended to be used in connection with the operation thereof; all leases and use agreements of machinery, equipment and other personal property of Mortgagor in the categories hereinabove set forth, under which Mortgagor is the lessee of, or entitled to use, such items, and all deposits made therefor; and Mortgagor (Debtor) hereby grants to Mortgagee (Creditor) a security interest in all fixtures, rights and personal property described herein. This Mortgage is a self operative security agreement with respect to such property, but Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements, continuation statements and other instruments as Mortgagee may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property and Mortgagor hereby constitutes and appoints Mortgagee as Agent and attorney-in-fact to make, execute, deliver and record any instruments for the purpose of effecting the lien and security interests of this Mortgage and continuing the effect thereof. The foregoing power of attorney is irrevocable and coupled with an interest. Mortgagee shall have all the rights and remedies in addition to those specified herein of a secured party under the Uniform Commercial Code.

Everything referred to in paragraphs (a), (b), (c), (d) and (e) hereof, the Real Property and any additional property hereafter acquired by Mortgagor and subject to the lien of the Mortgage or intended to be so is herein referred to as the “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.
“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 20th day of November, 2012.
DWIGHT E. BROCK
Clerk of the Circuit Court (SEAL) By: Patricia Murphy
Deputy Clerk
Benjamin C. Iseman, Esq.
P.O. Box 1961
Winter Park, FL 32790
Telephone: (407) 647-2777
Attorney for Plainitff
Nov. 30; Dec. 7, 2012 12-4065C

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