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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 10-CA-59103
JUDGE MICHAEL T. MCHUGH
ASPEN FM LLC,
Plaintiff, vs.
ROMI, LLC, AVIHAI HARPAZ a/k/a AVI HARPAZ, et al., Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Final Judgment of Foreclosure filed on October 11, 2012, in that certain cause pending in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, wherein ASPEN FM LLC is Plaintiff, and ROMI, LLC, a Florida limited liability company; AVIHAI HARPAZ, a/k/a AVI HARPAZ, individually; PROVINCE PARK HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation; GREENS EDGE AT PROVINCE PARK CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation; COUGAR CONTRACTING, a division of C.W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation; CORE CONSTRUCTION SERVICES SOUTHEAST, INC. d/b/a CORE CONSTRUCTION, a Florida corporation; AL PORTER, individually; ANDERSON TRIM CARPENTRY, LLC, a Florida limited liability company; MCDANIEL FIRE PROTECTION SERVICES, INC., a Florida corporation, a/k/a MCDANIEL FIRE SERVICES, INC.; FRANCIS P. McCONNELL and RUTH ANN GRACE McCONNELL, individuals; POWER DESIGN, INC., a Florida corporation; PAUL CIANO, individually; FREEDOM ALUMINUM AND STEEL, INC., a Florida corporation, a/k/a FREEDOM ALUMINUM; BELLINI BUILDERS, INC., a Florida corporation; KTL INVESTMENT, LLC, a Florida limited liability company; R & R SPRINKLER & SOD, INC., a Florida corporation, a/k/a R & R SPRINKLERS, INC.; KENT FISHER and CRISTIE FISHER, individuals; TIM MOORE PAINTING COMPANY, INC., a Florida corporation; KARDENUTA LLC, a Florida limited liability company; GULF WESTERN ROOFING & SHEET METAL, INC., a Florida corporation; OMEGA GARAGE DOORS, INC., a Florida corporation; JAMES POWELL and SOL KAIM, individuals; THOMAS W. KIRK and DONNA M. KIRK, individuals; STEVEN J. MIDURSKI, individually; ARMSTRONG AIR CONDITION & HEATING OF CENTRAL FLORIDA, INC., a Florida corporation; JOHN MURPHY and LORI MURPHY, individuals; RAFAEL RANGEL, an individual; DANNY BIZZOCCHI, an individual; TIM TANCES, an individual; CYPRESS RESORT HOMES, LLC, a Florida limited liability company; CORY LICHT, an individual; JAN M. SNIDER, an individual; GIL RUBIN, an individual; STACY ERVIN, an individual; RICHARD D. O'CONNELL, an individual; LUIGI PRESOT and JOSEPHINE PRESOT, individuals; EDWARD FAYS, an individual, KBL INC., LLC, upon information and belief a Massachusetts limited liability company; SAHAR ZAHIN, an individual; BENNY ROSENBERG, an individual, HEIDEROSE F. ORSHAN; an individual and as trustee for the HEIDEROSE F. ORSHAN TRUST, a Florida trust; JACOB DANIEL and MARY DANIEL; individuals; GAYNELL ANN BEALE, an individual; MARIO GROTH, an individual; ANRJE GROTH, an individual; RUSSELL F. MOORMAN and NANCY L. MOORMAN, individuals, DMD, INC., upon information and belief an Illinois corporation; MICHAEL A. MEISNER and VICTORIA R. MEISNER, individuals; CHAKYUNG YOON, an individual; STACIE MASLYN, an individual; ROBERT SHAPOLANSKY, an individual IZHAK ROGOWSKI, an individual; ESTER KASTENBAUM, an individual; VICTOR VARGAS, an individual; DEBORAH AHEARN and MICHAEL AHEARN, individuals; DAVID DEHAN, an individual; NOAM DANEMBERG, an individual; EUGENE R. SUNDAY, an individual; JOSEPH M. CANNATA and CATHERINE M. CANNATA, individuals; ADY N. HALPERN, an individual; GISELA SCHILLING, an individual, JERRY A. IAVARONE, an individual; ROBERT FREDA, an individual; JAN ANDER DE IRIBAR, an individual; WAEL KHOURY, an individual; RAFAEL VRFELS, an individual; LEON M. QUIGLEY, an individual; YOSEF VALDMAN, an individual; ERNESTO C. CABABA and REBECCA S. CABABA, individuals; YONG HAN, an individual; SOO CHI, an individual; JAMES S. MIZEUR and LINDA L. MIZEUR, individuals; KEVEN P. ARNOLD and MARGARET S. ARNOLD, individuals; MIRKO MALCHIODI, an individual; JERALD J. THILGES and SHIRLEY R. THILGES, individuals; TERESSA ATKINSON, an individual; DELTON JUSTICE, an individual; E. BRUCE STRAYHORN, an individual; KORMAS, LLC, a Florida limited liability company; JOSE ROMAN URDANETA, an individual; NICOLANTARIO UNGARI, an individual; IVAN STATUTO, an individual; LARRY BARR, an individual; GARY YOUNCE, an individual; L.B. & G.Y., LLC, a Florida limited liability company; MARTIN GENAUER, an individual, MERLIN REALTY I, LLC, a Florida limited liability company; YEHUDA ASSOULINE, an individual; EFRAT KASHI, an individual; ANTHONY COSTELLO, an individual; DAVID WILLIAMS, an individual; NEAL STEBBING, an individual; APOGEE PARTNERS, LLC, a Florida limited liability company; NAMANDA INVESTMENTS, LLC, a Florida limited liability company; YANIV OFFIR, a professional association, TAL ZIV AVNY, an individual; CAPBERG INVESTMENTS, LTD., upon information and belief a Florida limited partnership; VAN WYMERSCH, an individual; LEONARD FASSLER and ANNETTE FASSLER, individuals; TALI DANEMBERG, an individual; ORI NESHER, an individual; and OFIR ZOCKERMAN, are Defendants.
The Clerk of Court will sell the Mortgaged Property, as defined in the Judgment and as set forth below, at public sale 9:00 a.m., on November 14, 2012, to the “highest bidder,” for cash, via electronic sale at Lee County's Public Auction website: www.lee.realforeclose.com, the following described real property and personal property, situated and being in Lee County, Florida to-wit:
THE REAL PROPERTY:
SEE ATTACHED EXHIBIT A
LEGAL DESCRIPTION
PARCEL. I:
Tract “N”, Province Park, Phase One, as recorded in Plat Book 76, Pages 45 through 51, Public Records of Lee County, Florida, also described as a tract or parcel of land lying in Section 29, Township 44 South, Range 25 East, Lee County, Florida, further described as follows:
Commencing at the Southeast corner of the aforesaid Section 29; thence run N. 00° 00' 05” W, along the East line of said Section 29 for 50.00 feet to the Southeast corner of the aforesaid Tract “N” and the Point Of Beginning; thence run N 89° 52' 04” W for 190.04 feet to a point of curvature; thence run Northwesterly for 206.58 feet along the arc of a curve concave Northeasterly, with a radius of 200.55 feet, a delta of 59° 01' 11”, a chord bearing of N 60° 21' 28” W and a chord distance of 197.57 feet to a point of reverse curvature (not common to the previously described lines); thence run Northwesterly for 272.63 feet along the arc of a curve concave Southwesterly, with a radius of 1062.00 feet, a delta of 14º 42' 31”, a chord bearing of N 09° 33' 19” W and a chord distance of 271.88 feet to a point of tangency; thence run N 16° 54' 34” W for 207.40 feet to a point on a curve; thence run Northeasterly for 34.26 feet along the arc of a curve concave Southeasterly, with a radius of 35.00 feet, a delta of 56° 04' 49” a chord bearing of N 600 03' 02” E and a chord distance of 32.91 feet; thence run N 01° 54' 34” W (radial to the previously described line) for 50.00 feet; thence run N 88° 05' 26” E for 114.45 feet to a point of curvature; thence run Northeasterly for 10.99 feet along the arc of a curve concave Southerly, with a radius of 525.00 feet, a delta of 01° 11' 57”, a chord bearing of N 88° 41' 24” E and a chord distance of 10.99 feet; thence run North (not radial to the previously described line) for 167.69 feet to a point of curvature; thence run Northwesterly for 25.83 feet along the arc of a curve concave Southwesterly, with a radius of 345.00 feet, a delta of 04° 17' 21”, a chord bearing of N 02° 08' 41” W and a chord distance of 25.82 feet to a point of tangency; thence run N 04° 17' 21” W for 84.22 feet; thence run N 83° 26' 52” W for 56.78 feet; thence run S 85° 48' 10” W for 413.81 feet to a point on a curve; thence run Northeasterly (not radial to the previously described line) for 239.23 feet along the arc of a curve concave Southeasterly, with a radius of 550.03 feet, a delta of 24° 56' 13”, a chord bearing of N 240 34' 23” E and a chord distance of 237.35 feet to a point of reverse curvature; thence run Northeasterly for 188.45 feet along the arc of a curve concave Northwesterly, with a radius of 450.02 feet, a delta of 23” 59' 37”, chord bearing of N 25° 02' 11” E and a chord distance of 187.08 feet; thence run N 890 51' 28” W (not radial to the previously described line) for 50.74 feet to a point on the North line of the South Half (S 1/2) of the Southeast Quarter (S.E. 1/4) of the aforesaid Section 29; thence run N 89° 61' 28” W along said North line for 50.74 feet; thence run N 00° 04' 50” W for 1322.68 feet to a point on the north line of the Southeast Quarter (S.E. 1/4) of said Section 29; thence run S 89° 50' 53” E, along said North line for. 665.04 feet to the East One Quarter (E 1/4) corner of said Section 29; thence run S 00° 00' 05” E along the East line of said Section 29 for 2595.11 feet to the Point of Beginning.
LESS AND EXCEPT THEREFROM;
That parcel shown as Exhibit “C” and identified as “Master HOA,” conveyed by ROMI, LLC, a Florida limited liability company and Green's Edge at Province Park Condominium Association, Inc., a Not-for-Profit corporation to Province Perk Homeowners Association, Inc., a Not-for-Profit corporation recorded January 8, 2009 in Official Records instrument No. 2009000005230, Public Records of Lee County, Florida,
AND FURTHER LESS AND EXCEPT THEREFROM;
All of Green's Edge at Province Park Condominium., a Condominium, according to the Declaration of Condominium thereof as recorded in Official Records instrument No, 2009000005229, of the Public Records of Lee County, Florida, end any amendments thereto, together with its undivided share In the common elements.
PARCEL 2:
All of Green's Edge at Province Park Condominium, a Condominium according to the Declaration of Condominium thereof as recorded in Official Records instrument No. 2009000005229, of the Public Records et Lee County, Florida and any amendments thereto, together with its undivided share In the carol-non elements, LESS AND EXCEPT:
Unit: 101 through 605, Building 9 Unit Nos. 403 and 605, Building 10; and Unit Nos. 101, 102, 201, 204, 301, 305, 401 404, 405, 501, 503, 504, 505, 601, 602 and 604, Building 11, of Green's Edge at Province Park Condominium, a Condominium according to the Declaration of Condominium thereof as recorded in Official Records instrument No, 2009000005229, of the Public Records of Lee County, Florida and any amendments thereto, together with its undivided share in the common elements.
THE PERSONAL
PROPERTY:
SEE ATTACHED EXHIBIT B
(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 on 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; well beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings.
2. All of Debtor's interest in all bending 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, hooters, 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 end 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 terns 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.
DESCRIPTION
TRACT “N”, PROVINCE PARK, PHASE ONE, AS RECORDED IN PLAT BOOK 76, PAGES 45 THROUGH 51, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, ALSO DESCRIBED AS A TRACT OR PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 44 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE AFORESAID SECTION 29; THENCE RUN N. 00° 00' 05” W, ALONG THE EAST LINE OF SAID SECTION 29 FOR 50.00 FEET TO THE SOUTHEAST CORNER OF THE AFORESAID TRACT “N” AND THE POINT OF BEGINNING; THENCE RUN N 89° 52' 04” W FOR 190.04 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY FOR 206.58 FEET ALONG THE ARC OF A CURVE CONCAVE NORTHEASTERLY, WITH A RADIUS OF 200.55 FEET, A DELTA OF 59° 01' 11”, A CHORD BEARING OF N 60° 21' 28” W AND A CHORD DISTANCE OF 197.57 FEET TO A POINT OF REVERSE CURVATURE (NOT COMMON TO THE PREVIOUSLY DESCRIBED LINES); THENCE RUN NORTHWESTERLY FOR 272.63 FEET ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, WITH A RADIUS OF 1062.00 FEET, A DELTA OF 14º 42' 31”, A CHORD BEARING OF N 09° 33' 19” W AND A CHORD DISTANCE OF 271.88 FEET TO A POINT OF TANGENCY; THENCE RUN N 16° 54' 34” W FOR 207.40 FEET TO A POINT ON A CURVE; THENCE RUN NORTHEASTERLY FOR 34.26 FEET ALONG THE ARC OF A CURVE CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 35.00 FEET, A DELTA OF 56° 04' 49” A CHORD BEARING OF N 600 03' 02” E AND A CHORD DISTANCE OF 32.91 FEET; THENCE RUN N 01° 54' 34” W (RADIAL TO THE PREVIOUSLY DESCRIBED LINE) FOR 50.00 FEET; THENCE RUN N 88° 05' 26” E FOR 114.45 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY FOR 10.99 FEET ALONG THE ARC OF A CURVE CONCAVE SOUTHERLY, WITH A RADIUS OF 525.00 FEET, A DELTA OF 01° 11' 57”, A CHORD BEARING OF N 88° 41' 24” E AND A CHORD DISTANCE OF 10.99 FEET; THENCE RUN NORTH (NOT RADIAL TO THE PREVIOUSLY DESCRIBED LINE) FOR 167.69 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY FOR 25.83 FEET ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, WITH A RADIUS OF 345.00 FEET, A DELTA OF 04° 17' 21”, A CHORD BEARING OF N 02° 08' 41” W AND A CHORD DISTANCE OF 25.82 FEET TO A POINT OF TANGENCY; THENCE RUN N 04° 17' 21” W FOR 84.22 FEET; THENCE RUN N 83° 26' 52” W FOR 56.78 FEET; THENCE RUN S 85° 48' 10” W FOR 413.81 FEET TO A POINT ON A CURVE; THENCE RUN NORTHEASTERLY (NOT RADIAL TO THE PREVIOUSLY DESCRIBED LINE) FOR 239.23 FEET ALONG THE ARC OF A CURVE CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 550.03 FEET, A DELTA OF 24° 56' 13”, A CHORD BEARING OF N 240 34' 23” E AND A CHORD DISTANCE OF 237.35 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN NORTHEASTERLY FOR 188.45 FEET ALONG THE ARC OF A CURVE CONCAVE NORTHWESTERLY, WITH A RADIUS OF 450.02 FEET, A DELTA OF 23” 59' 37”, CHORD BEARING OF N 25° 02' 11” E AND A CHORD DISTANCE OF 187.08 FEET; THENCE RUN N 890 51' 28” W (NOT RADIAL TO THE PREVIOUSLY DESCRIBED LINE) FOR 50.74 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF THE SOUTHEAST QUARTER (S.E. 1/4) OF THE AFORESAID SECTION 29; THENCE RUN N 89° 61' 28” W ALONG SAID NORTH LINE FOR 50.74 FEET; THENCE RUN N 00° 04' 50” W FOR 1322.68 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SAID SECTION 29; THENCE RUN S 89° 50' 53” E, ALONG SAID NORTH LINE FOR. 665.04 FEET TO THE EAST ONE QUARTER (E 1/4) CORNER OF SAID SECTION 29; THENCE RUN S 00° 00' 05” E ALONG THE EAST LINE OF SAID SECTION 29 FOR 2595.11 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 33.773 ACRES, MORE OR LESS
The “highest bidder” for purposes of this Notice of Sale, is defined as the party who bids the largest amount of money to purchase the Property (as defined below) and who completes the sale in a timely fashion, as hereinafter set out. The one who bids the largest amount of money to purchase the Property (as defined below) shall be permitted to complete the sale by delivering to the Clerk, the balance of such bid, over and above the deposit, by 4:00 p.m. on the next business
Said sale will be made pursuant to and in order to satisfy the terms of the Final Judgment of Foreclosure.
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 18 day of October, 2012.
CHARLIE GREEN
Clerk of the Court
(SEAL) By: GV Smart
As Deputy Clerk
JOHN C. CLOUGH, ESQUIRE
Florida Bar Number 0184391
AKERMAN SENTERFITT
9128 Strada Place, Suite 10205
Naples, Florida 34108
E-mail: [email protected]
Telephone: 239. 449.5600
Facsimile: 866.254.3253
Oct. 26; Nov. 2, 2012 12-05218L