12-04752L

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE twentieth JUDICIAL
CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CASE NO. 10-CA-056200
MULTIBANK 2009-1 CRE VENTURE, LLC, a Delaware limited liability company,
Plaintiff, v.
CAPE KMP HOLDINGS, LLC, a Florida limited liability company, KEVIN KEOUGH, an individual, MARK MANTA, an individual, and JAMES PAUL, an individual.
Defendants.
NOTICE IS HEREBY GIVEN that, the undersigned Clerk of the Circuit Court of Lee County, Florida, will on the 25 day of October, 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 September 24, 2012, the following described property in Lee County, Florida:
See Exhibit “1”
Property Description
EXHIBIT “1”
(Property Description)
Note: The term “Mortgagor” shall mean Defendants Cape KMP Holdings, LLC and Kevin Keough, collectively, and the term “Mortgagee” shall mean Plaintiff Multibank 2009-1 CRE Venture, LLC.

(A) THE LAND. All that parcel and tract of land located in the County of Lee, State of Florida (the “Land”) described as follows:

Lots 12, 13, 14, Block 1699, CAPE CORAL, Unit 44, according to the plat thereof, as recorded in Plat Book 21, Page 113-121, inclusive, of the Public Records of Lee County, Florida.

Lots 59, 60, 61, and 62, Block 1699, CAPE CORAL, Unit 44, according to the plat thereof, as recorded in Plat Book 21, Page 104-112, inclusive, of the Public Records of Lee County, Florida.

Together with:

(B) The Improvements. Together with all buildings, structures and Improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures, machinery, appliances, equipment, and personal property of every nature whatsoever now or hereafter owned by 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 Land, 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”);

(C) 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 property described in paragraphs (A), (B) and (C) hereof or any party thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the property described in paragraphs (A), (B) and (C) hereof or any part thereof, or to any rights about the appurtenant thereto, and all proceeds of any sales or other dispositions of the property described in paragraphs (A), (B) and (C) hereof or any part thereof.

(D) Assignment of Rents. Together with all rents, royalties, issues, profits, revenue, income and other benefits from any property described in paragraph (A), (B) and (C) 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 more that one month in advance thereof. The foregoing assignment shall be fully operative without any further action on the part of either party and specifically 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 any property described in paragraphs (A), (B) and (C) hereof whether or not Mortgagee takes possession of such property described in paragraphs (A), (B) and (C) 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 property described in paragraphs (A), (B) and (C) 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.

(E) 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 any property described in paragraphs (A), (B) and (C) 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 less or under all such leases.

(F) 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 Land 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 on the Land and intended to be installed therein; 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 properly of any nature whatsoever, now or hereafter situated on the Land or intended to be used in connection with the operation thereof and intended to be installed therein; 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.
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 the official seal of said court this 25 day of September, 2012.
CHARLIE GREEN,
Lee Co. Clerk of
Circuit Court
(SEAL) M. Parker
Clerk of Court
By Deputy Clerk
Attorney for Plaintiff:
Ronald M. Rosengarten, Esq.
Greenberg traurig p.a.
333 Avenue of the Americas,
Suite 4400
Miami, Florida 33131
October 5, 12, 2012 12-04752L