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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. 11-CA-052196
SUNTRUST BANK,
Plaintiff, v.
CAPTIVA ISLAND VACATION PROPERTIES, LLC, a Kentucky
limited liability company, and FRANCIS G. PRELL,
Defendants.
NOTICE is hereby given that, pursuant to a Final Judgment entered October 15, 2012, in Case Number 11-CA-052196 in the Circuit Court of Lee County, Florida, the Clerk will sell the property situated in Lee County, Florida, described as:
AS TO SALE #1
Parcel 2: (more commonly known as 11535 Murmond Lane)
Lot 1, Block 1 of Wiles Unrecorded Subdivision in Government Lot 1, Section 35, Township 45 South, Range 21 East, Lee County,
Florida.
A tract or parcel of land lying in Government Lot 1, Section 35, Township 45 South, Range 21 East, Captiva Island, Lee County, Florida, which tract or parcel is described as follows:
From the Southwest corner of Lot 1 of F.A. Lane's Second Subdivision of Bayview according to a map or plat thereof recorded in Plat Book 3, at Page 75, of the Public Records of Lee County, Florida, run South 2°54'30” West along the East line of a public road 30 feet wide and a prolongation of the Easterly line of Munson Street of said subdivision for 433.55 feet passing through a concrete monument at 383.5 feet marking a point on the boundary line of the property of T.M. Wiles, Jr. and Beulah B. Wiles, Husband and Wife, according to that certain boundary line and agreement recorded in Miscellaneous Book 27, at Pages 263 through 267, of said public records; thence run South 11°37'20” West along the Easterly line of a public road known as Munson Street for 662.65 feet; thence run North 89°35'30” West for 25.49 feet to a concrete monument marking the intersection of the Westerly line of said Munson Street with the South line of Murmond Street 50 feet wide; thence continue North 89°00'30” West along said south line of said Murmond Street for 231.34 feet to the Point of Beginning.
From said point of beginning continue North 89°35'30” West along said South line of Murmond Street for 123.69 feet to an intersection with the Northeasterly line of Wiles Street parallel with and 150 feet as measured on a perpendicular East from the Easterly line of A.M. Gore's Subdivision according to a map or plat thereof recorded in Plat Book 4, at Page 7, of said public records; thence run South 12°55'10” East along said Northeasterly line of Wiles Street for 102.77 feet; thence run South 89°35'30” East for 100 feet; thence run North 00°24'30” East perpendicular to said South line of Murmond Street for 100 feet to the Point of Beginning.
Bearings hereinabove mentioned are Plane Coordinate for the Florida West Zone
Together with the following property and rights:
(a) All easements, 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, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, owned by Mortgagor.
(b) All rents, profits, issues and revenues of the Premises from time-to-time accruing, whether under lease or tenancies, reserving unto Mortgagor.
(c) All judgments, awards of damages, settlements and payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises as a result of the exercise of or the threat of the right of eminent domain, the alteration of the grade of any street, any other injury to or decrease in the value of the Premises, or proceeds of insurance awards, 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 attorney's fees, costs and payment. Mortgagee in its sole discretion may require that any sums payable to Mortgagor arising out of the exercise of threatened exercise of the power of eminent domain with respect to the property or any portion thereof shall be applied to the indebtedness secured hereby. Any such application of proceeds to the indebtedness shall not extend or alter the terms of the notes secured hereby. Mortgagor hereby irrevocably appoints Mortgagee attorney-in-fact to receive, endorse and collect any drafts for proceeds of a condemnation award or settlement.
(d) All machinery, apparatus, equipment, fittings, furniture, fixtures and personal property of every kind and nature whatsoever located in any buildings or improvements upon the Premises, or any part thereof.
Together with all of the right, title and interest of the Assignor in and to the rents, leases, profits and other business income from the above described property.
Together with:
1. All structures and improvements on the real property described above (“Real Property”).
2. All right, title, and interest of Borrower to the minerals, soil, flowers, shrubs, crops, trees, timber, emblements and other products under or above the Real Property, or any part or parcel thereof;
3. All of Borrower's right, title, interest, and privileges arising under all contracts, agreements, licenses, approvals, and permits entered into or obtained in connection with development or operation of the Real Property, including by way of example and not in limitation: all development and constructions permits, approvals, resolutions, variances, licenses, allocations, and franchises granted by municipal, county, state, and federal governmental authorities, or any of their respective agencies; all architectural, engineering, and construction contracts; all drawings, plans, specifications and plats; and all contracts and agreements for the furnishing of utilities;
4. All of Borrower's interest in all utility security deposits or bonds deposited in connection with the Real Property;
5. All of Borrower's interest as lessor in and to all leases or rental arrangements affecting all or any part of the Real Property, all other rents and profits derived from the Real Property, and all income or proceeds from the development of or economic activity upon any part of the Real Property, together with any and all guaranties of such leases or rental arrangements, including all security deposits and advance rentals, and any and all assignments of rent with respect to the Real Property or any part thereof;
6. All of Borrower's interest in and to any and all contracts and agreements for the sale of the Real Property, or any part thereof or any interest therein, hereafter, including but not limited to all of Borrower's interest in and right to earnest money deposits made upon such contracts and agreements;
7. All land improvements to and upon the Real Property, including water, sanitary, and storm sewer systems and all related equipment and appurtenances thereto, located in, upon, over or under the Real Property, including but not limited to all water mains, service laterals, hydrants, valves and appurtenances, and all sanitary sewer lines, including mains, laterals, manholes and appurtenances;
8. All machinery, apparatus, equipment, fittings, and fixtures, whether actually or constructively attached to the Real Property, and all trade, domestic, and ornamental fixtures and articles of personal property of every kind and nature whatsoever located in, upon, over or under the Real Property, or any part thereof, and used or usable in connection with any operation or development of the Real Property, acquired by Borrower, including by way of example and not in limitation: heating, air conditioning, freezing, lighting, laundry, incinerating, and power equipment; engines, pipes, wells, water filtering systems and softening devices, water heaters, pumps, tanks and motors; conduits; switchboards; fire prevention, fire extinguishing, refrigerating, ventilating and communications systems and apparatus; security and fire alarm systems and apparatus; boilers, furnaces, oil burners or units thereof; vacuum cleaning systems; all swimming pools and appurtenances thereto; all electrical and plumbing systems, fixtures, equipment and installations; all furniture, furnishings, draperies, wall beds, attached cabinets, partitions, ducts and compressors, wall and floor coverings, blinds, elevators, escalators, and appliances, including but not limited to stoves, refrigerators, freezers, ovens, dishwashers, washers and dryers, trash compactors, and ice machines; television antennas and cables, storm and screen windows and doors, fans, awnings, and lighting fixtures, all building materials and equipment delivered to the Real Property or stored at an off-site location which are intended to be installed on the Real Property;
9. All right, title and interest of Borrower in and to all unearned premiums accrued, accruing, or to accrue under any and all insurance policies existing which covers all or any portion of the Real Property; all proceeds or sums payable for the loss of or damage to all or any portion of the Real Property; all payments received under warranties applicable to all or any portion of the Real Property; and any other amounts received in satisfaction of claims for defects in such property.
10. All trade names, trademarks, and fictitious names used by Borrower in connection with the Real Property or any business operation or endeavor located thereon;
11. All awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise or the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Real Property.
12. Agreements for the purchase by third parties of recycled materials generated from the Real Property.
13. All of Debtor's construction contracts documents, plans, specifications and surveys regarding improvements to the Real Property and construction materials, equipment and supplies acquired and used or intended for use in improving the Real Property.
14. All of Debtor's permits, franchises, licenses, impact fee credits, development orders and the like issued with regard to the development of the Real Property.
15. All of Debtor's deposit accounts or construction accounts in which are deposited disbursements to be used for the improvement of the Real Property.
AS TO SALE #2
PARCEL 3: (more commonly known as 15295 Captiva Drive)
A strip or parcel of land lying Easterly of Lots 15, 16, 17 and 18, inclusive, of A.M. Gore's Subdivision, according to the map or plat thereof, as recorded in Plat Book 4, Page 7, Public Records of Lee County, Florida, in Section 35, Township 45 South, Range 21 East, on Captiva Island, Lee County, Florida; said parcel being described as follows:
Beginning at the Southeast corner of Lot 18 of said A.M. Gore's Subdivision, run Easterly on a prolongation of the South line of said Lot 18 for 101.90 feet to the Westerly line of a road easement 50 feet wide; thence run Northwesterly parallel to and 100 feet from the Easterly line of said A.M. Gore's Subdivision for 175.47 feet; thence run Westerly along the South line of a county road (known as Coconut Street) 50 feet wide for 101.90 feet to the East line of said A.M. Gore's Subdivision; thence run Southerly along said East line of A.M. Gore's Subdivision for 175.47 feet to the Point of Beginning.
Together with the following property and rights:
(e) All easements, 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, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, owned by Mortgagor.
(f) All rents, profits, issues and revenues of the Premises from time-to-time accruing, whether under lease or tenancies, reserving unto Mortgagor.
(g) All judgments, awards of damages, settlements and payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises as a result of the exercise of or the threat of the right of eminent domain, the alteration of the grade of any street, any other injury to or decrease in the value of the Premises, or proceeds of insurance awards, 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 attorney's fees, costs and payment. Mortgagee in its sole discretion may require that any sums payable to Mortgagor arising out of the exercise of threatened exercise of the power of eminent domain with respect to the property or any portion thereof shall be applied to the indebtedness secured hereby. Any such application of proceeds to the indebtedness shall not extend or alter the terms of the notes secured hereby. Mortgagor hereby irrevocably appoints Mortgagee attorney-in-fact to receive, endorse and collect any drafts for proceeds of a condemnation award or settlement.
(h) All machinery, apparatus, equipment, fittings, furniture, fixtures and personal property of every kind and nature whatsoever located in any buildings or improvements upon the Premises, or any part thereof.
Together with all of the right, title and interest of the Assignor in and to the rents, leases, profits and other business income from the above described property.
at Public Sale, on December 18, 2012, to the highest and best bidder for cash at the Lee County Justice Center Complex, 2075 Dr. Martin Luther King Jr Blvd., Ft. Myers, FL, 2nd Floor Civil Office Lobby, at 11:00 a.m.
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: October 16, 2012.
CHARLIE GREEN
Clerk of Court
Lee County, Florida
(SEAL) M. Parker
As Deputy Clerk
Attorney for Plaintiff:
Hunter G. Norton, Esquire,
P.O. Box 49948,
Sarasota, FL 34230
Oct. 26; Nov. 2, 2012 12-05112L