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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE twentieth JUDICIAL
CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CASE NO. 10-CA-060425
MULTIBANK 2009-1 CRE VENTURE, LLC, a Delaware limited liability company,
Plaintiff, v.
SANTA BARBARA VILLAS, INC, a Florida corporation, JACQUELINE HERTZ, an individual, RAYMOND MILLER, an individual, CAROL
MILLER, an individual, ANDRES VILLALON, JR., an individual, and DARLA VILLALON, an individual.
Defendants.
NOTICE IS HEREBY GIVEN that, the undersigned Clerk of the Circuit Court of Lee County, Florida, will not before sixty (60) days from the date of the Final Judgment of Foreclosure, on the 5 day of December, 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 October 4, 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 Santa Barbara Villas, Inc. and the term “Mortgagee” shall mean Plaintiff Multibank 2009-1 CRE Venture, LLC.
All of Debtor's right, title and interest in and to the following described land (the “Real Property”), and the buildings, structures, fixtures and other improvements now or hereafter located thereon:
ALL OF SANTA BARBARA VILLAS, A CONDOMINIUM, AS PER THE DECLARATION THEREOF RECORDED AS INSTRUMENT NO. 2011000000857, PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
FORMERLY KNOWN AS:
Lots 17, 18, 19, 20, 21, 22, 23, 24 and 25, Block 1641, Cape Coral, Unit 45, according to the map or plat thereof as recorded in Plat Book 21, Pages 122 through 134, inclusive, of the Public Records of Lee County, Florida. Together with that portion of the East 1/2 of vacated alley lying adjacent to said lots.
TOGETHER WITH all property described in Exhibit “A” attached hereto.
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 Exhibit “B” 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; 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 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 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 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.
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 James Sullivan, Operations Division Manager whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, 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.
Witness my hand and the official seal of said court this 5 day of October, 2012.
CHARLIE GREEN,
Clerk of Court
(SEAL) S. Hughes
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 12, 19, 2012 12-04952L