12-05031L

FIRST INSERTION
NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF
THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION
CASE NO. 11-CA-051967
DISTRESSED CAPITAL III, LLC,
Plaintiff, vs.
BEACHWAY DEVELOPMENT, INC., a Florida corporation; CAROL R. SELLERS; and CARLTON FIELDS, P.A.,
Defendants.
Notice is given pursuant to a Final Judgment in Foreclosure filed October 10, 2012, in Case No. 11-CA-051967, of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, in which DISTRESSESD CAPITAL III, LLC is the Plaintiff and BEACHWAY DEVELOPMENT, INC., a Florida corporation, CAROL R. SELLERS and CARLTON FIELDS, P.A. are the Defendants, I will sell to the highest bidder for cash beginning 9:00 A.M. at www.lee.realforeclose.com in accordance with Chapter 45, Florida Statutes, on November 9, 2012, the following described property set forth in the Final Judgment in Foreclosure:
The NORTH 330 FEET, less the EAST 225 FEET, of the NW 1/4 of the NE 1/4 of the NW 1/4 of SECTION 4, TOWNSHIP 48 SOUTH, RANGE 25 EAST, Lee County, Florida, less the NORTH 67 FEET and the WEST 25 FEET thereof for road right-of-way and less and except that parcel of land conveyed to Lee County, a political subdivision of the State of Florida, by Warranty Deed recorded in O.R. Book 1974, Page 3345, of the Public Records of Lee County, Florida.

AND

All other such property of Defendant including such property as may be located on the real property as described above as set forth on Exhibit “B”.
EXHIBIT “B”
All property rights of any kind whatsoever, whether personal, mixed, or otherwise, including accounts, general intangibles, equipment and inventory, which are located at, or which are used in connection with or arise out of the conduct of the Debtor's business (herein referred to as “Debtor”) (the Secured Party in the “Financing Statement” is sometimes herein referred to as the “Mortgagee”) related to that certain parcel or real estate situate in Lee County, Florida, and legally described as follows (the “Property”):

SEE EXHIBIT “A” ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF

including the following:

(a) All buildings, structures and other improvements now or hereafter located on, above, or below the surface of the Property, or any part and parcel thereof.

(b) All right, title, and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber, and other emblements now or hereafter on said Property or under or above the same or any part or parcel thereof.

(c) All and singular the tenements, hereditaments, easements, gores of land, riparian, and littoral rights, and appurtenances thereunto belonging or in anywise appertaining, whether now owned or hereafter acquired by Debtor, and including all rights of ingress and egress to and from adjoining property (whether such rights now exist or subsequently arise), together with the reversion or reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, claim, and demand whatsoever of Debtor in and to the same, and to every part and parcel thereof.

(d) All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to said Property, and including all trade, domestic, and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called “Equipment”), now or hereafter located in, upon, or under said Property or any part thereof and used or usable in connection with any present or future operation of said Property and now owned or hereafter acquired by Debtor, including but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines, pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, 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; awning; screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings; together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein, including but not limited to, lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass, doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all proceeds, additions and accessions thereto and replacements thereof (Debtor hereby agreeing with respect to all additions and replacements to execute and deliver from time to time such further instruments as may be requested by Mortgagee to confirm the conveyance, transfer and assignment of any of the foregoing).

(e) All of the water, sanitary, and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over, and upon the Property hereinbefore described, or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves, and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes, and appurtenances.

(f) All right, title, and interest of Debtor in and to the land lying in the bed of any street, road, or avenue, opened or proposed, in front of or adjoining the Property and in and to the appurtenances thereto.

(g) All paving for streets, roads, walkways, or entranceways now or hereafter owned by Debtor and which are now or hereafter located on the Property or serve the Property or any party or parcel thereof.

(h) The common elements appurtenant to any parcel, unit, or lot which is all or part of the Property.

(i) Debtor's interest as lessor in and to all leases of the Property, or any part thereof, heretofore made and entered into, and in and to all leases hereafter made and entered into by Debtor during the term of this Mortgage or any extension or renewal hereof, together with any and all guarantees thereof and including, without limitation, all present and future cash or securities, security deposited thereunder to secure performance by the lessees of their obligations thereunder, regardless of how said cash or securities are to be held by Debtor pursuant to the terms of such leases, and advance rentals, reserving to Debtor its equity of redemption rights therein, provided and hereby intending that in case of foreclosure sale, the Debtor's interest in any such leases then in force shall, upon expiration of Debtor's right of redemption, pass to the purchaser at such sale as part of the Property; subject to election by the purchaser to terminate or enforce any of such leases hereafter made.

(j) All judgments, awards of damages, and payments, including interest thereon, and the right to receive the same, which may be made with respect to the Property as a result of (i) the exercise of the right of eminent domain; (ii) the alteration of the grade of any street; or (iii) any other injury to, taking of, or decrease in the value of, the Property, to the extent of all amounts which may be secured by this Mortgage at the date of receipt of any such award or payment by Mortgagee and of the reasonable attorneys' fees, costs, and disbursements incurred by Mortgagee in connection with the collection of such judgment, award, or payment, and Debtor agrees to execute and deliver, from time to time, such further instruments as may be requested by Mortgagee to confirm such assignment to Mortgagee of any such judgment, award, or payment. Mortgagee is hereby authorized on behalf and in the name of Debtor to execute and deliver valid acquittances for, and to appeal from, any such judgments or awards. Mortgagee may apply all such sums or any part thereof so received, after the payment of all its expenses, including costs and attorneys' fees, on the indebtedness secured hereby in such manner as it elects, or at its option, the entire amount or any part thereof so received may be released.

(k) All of the right, title, and interest of the Debtor in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of this Mortgage, and all proceeds or sums payable for the loss of or damage to (i) any property encumbered hereby; or (ii) rents, revenues, income, profits, or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.

(l) All of the right, title, and interest of the Debtor in and to any trade names, names of businesses or fictitious names, licenses, including but not limited to occupational and liquor licenses, permits, site plans, development agreements, and governmental approvals, if any, now or hereafter used in conjunction with the development of the Property or operation of any business or endeavor located on the Property.

(m) All of Debtor's interest in all utility security deposits or bonds deposited in connection with the Property.

(n) All of the Debtor's interest in and to any and all contracts or agreements for the sale of the Property, or any part thereof or any interest therein, whether now existing or arising hereafter, and any and all deposits or payments of money arising out of or relating to said contracts or agreements, whether such deposits or payments of money are presently being held by Debtor, its agents or a third party (including a duly appointed escrow agent).

(o) All of Debtor's interest in and to any and all mobile homes or recreational vehicles or trailers now, or hereinafter, located and/or affixed to the Property and any appurtenant improvements thereto.

Together with all proceeds and products arising out of or derived from the above Property.

EXHIBIT “A”

(Legal Description)

The NORTH 330 FEET, less the EAST 225 FEET, of the NW 1/4 of the NE 1/4 of the NW 1/4 of SECTION 4, TOWNSHIP 48 SOUTH, RANGE 25 EAST, Lee County, Florida, less the NORTH 67 FEET and the WEST 25 FEET thereof for road right-of-way and less and except that parcel of land conveyed to Lee County, a political subdivision of the State of Florida, by Warranty Deed recorded in O.R. Book 1974, Page 3345, of the Public Records of Lee County, Florida.
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 filed herein, must file a claim within 60 days after the sale.
DATED: October 10, 2012.
CHARLIE GREEN
Clerk of Courts
(SEAL) By: S. Hughes
Deputy Clerk
J. Jeffrey Rice
GOLDSTEIN, BUCKLEY,
CECHMAN, RICE & PURTZ, P.A.
P.O. Box 2366
Fort Myers, Florida 33902-2366
(239) 334-1146
October 19, 26, 2012 12-05031L

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