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FIRST INSERTION
AMENDED NOTICE OF SALE
in the CIRCUIT court of the
TWENTIETH judicial circuit
in and for lee county, Florida
CIVIL ACTION
CASE NO. 12-CA-052235
BUSEY BANK, an Illinois banking
corporation,
Plaintiff, vs.
DANNY M. KELLY, individually, et al.,
Defendants.
Notice is given that pursuant to the Final Judgment of Foreclosure entered on the 18 day of September, 2012, in Civil Action No. 12-CA-052235, of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, in which BUSEY BANK is the Plaintiff, Walter J. Driggers, III, of Tranzon Driggers, appointed as a Commissioner for the Court, will sell to the highest and best bidder for cash at the site of the subject real property located at 15775 Pine Ridge Rd., Fort Myers, Florida 33908 at 11:00 a.m. on the 29th day of November, 2012, the following real and personal property located in Lee County, Florida:
Parcel 1:
A parcel of land lying in Section 32, Township 45 South, Range 24 East, Lee County, Florida, described as follows:
Beginning at the Southwest corner of the North half (1/2) of the North half (N 1/2) of the Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) of said Section 32; thence run N 1 degree 23'38” W along the West line of said Section 32 for 220 feet; thence run N 89 degrees 00'37” E (parallel with the South line of said fraction of a section) for 345 feet; thence run S 1 degrees 23'38” E (parallel with said West line) for 220 feet to the South line of said fraction of a Section; thence run S 89 degrees 00'37” W along said South line for 345 feet to the point of beginning. Less the East 8' of the West 33.00' of the South 220' of the West 345' of the North 1/2 of the North 1/2 of the SW 1/4 of the SW 1/4 of Section 32, Township 45 South, Range 24 East, Lee County, Florida, Less and except road-right of way for Pine Ridge Road.
Parcel 2:
A parcel of land lying in Section 32, Township 45 South, Range 24 East, Lee County, Florida; described as follows:
From the Southwest corner of the North Half (N 1/2) of the North Half (N 1/2) of the Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) of said Section 32, Run N.1°23'38” W along the West line of said Section 32 for 220.00 feet; thence Run N.89° 00'37” E along the centerline of a roadway easement (60 feet wide, 30 feet either side of said centerline) for 345.00 feet to the point of beginning.
From said point of beginning continue N. 89°00'37” E along centerline for 300.00 feet; thence run S. 1°23'38” E) Parallel with said West line of Section 32) for 220.00 feet; thence run S. 89°00'37”W for 300.00 feet; Thence run N. 1°23'38” W (Parallel with said West line of Section 32) for 220 feet to the point of beginning.
AND THE PERSONAL PROPERTY THEREON DESCRIBED AS FOLLOWS:
See Exhibit “A” attached hereto and incorporated herein.
EXHIBIT “A”
(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 in the Final Judgment of Foreclosure (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; rangers; furnaces; oil burners or units thereof; appliances; air-cooling and air-conditioning 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 Defendant, Danny M. Kelly's (“Debtor”) 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 now 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 or otherwise relating to the Real 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.
Dated this 3 day of October, 2012.
Charlie Green,
CLERK OF Court
(SEAL) By: S. Hughes
Deputy Clerk
Lori L. Moore,
Attorney for Plaintiff,
ROETZEL & ANDRESS
2320 First Street,
Fort Myers, FL 33901
239-337-3850
October 12, 19, 2012 12-04912L