12-3166C

FIRST INSERTION
Amended NOTICE OF SALE
IN THE CIRCUIT COURT
FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
Case No. 11-1156-CA
IBERIABANK, a Louisiana
banking corporation, as successor
in interest to ORION BANK,
Plaintiff, vs.
MITO, LLC, a Florida limited
liability company, HOME
THEATER SHOWCASE, INC., a Florida corporation, GLENN J. MIDNET, individually, KATHLEEN TOMAIELLY-MIDNET,
LAWRENCE A. TOMAIELLY, THE UNITED STATES OF AMERICA on behalf of THE SMALL BUSINESS ADMINISTRATION, an Agency of the United States of America,
FLORIDA BUSINESS
DEVELOPMENT CORPORATION,
a Florida Non-Profit
Corporation, JAMES C.
LINTZENICH and GALLERIA PLAZA CONDOMINIUM
ASSOCIATION OF NAPLES, INC.,
Defendants.
NOTICE IS GIVEN that pursuant to the Amended Summary Final Judgment of Foreclosure filed on the 27th day of July, 2012, in Civil Action No. 11-1156-CA, of the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, in which MITO, LLC, HOME THEATER SHOWCASE, INC., GLENN J. MIDNET, KATHLEEN TOMAIELLY-MIDNET, LAWRENCE A. TOMAIELLY, THE UNITED STATES OF AMERICA on behalf of THE SMALL BUSINESS ADMINISTRATION, an Agency of the United States of America, FLORIDA BUSINESS DEVELOPMENT CORPORATION, JAMES C. LINTZENICH and GALLERIA PLAZA CONDOMINIUM ASSOCATION OF NAPLES, INC., are the Defendants, IBERIABANK, is the Plaintiff, Dwight E. Brock, Clerk of Court, Collier County will sell to the highest and best bidder for cash on the 1 day of October, 2012 at 11:00 a.m. at Collier County Courthouse Annex, First Floor Atrium, 3315 Tamiami Trail East, Naples, FL 34112, the following described real property set forth in the Summary Final Judgment of Foreclosure in Collier, Florida:
Building G, of Galleria Plaza, a Condominium, according to that certain Declaration of Condominium recorded in O.R. Book 2685, Page 1133 et seq., together with such additions and amendments to said Declaration of Condominium Plat as from time to time may be made and together with an undivided interest or share in the common elements appurtenant thereto. All as recorded in the Public Records of Collier, County, Florida.

AND

The Personal Property described in Exhibit “A” attached hereto.

EXHIBIT “A”
(Personal Property)
1. All machinery, apparatus, 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 on Exhibit “A” 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; ranges; furnaces; oil burners or 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 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 nor 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 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.
“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 John Carter, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (239) 252-8800, 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.”
Dated this 6 day of September, 2012.
DWIGHT E. BROCK
Clerk of Court (SEAL) By: Gina Burgos
Deputy Clerk
M. BRIAN CHEFFER
DeBOEST, STOCKMAN,
DECKER, HAGAN, CHEFFER
& WEBB-MARTIN, P.A.
P.O. Box 1470
Ft. Myers, FL 33902
Telephone: (239) 334-1381
Attorney for Plaintiff
September 14, 21, 2012 12-3166C