12-04412L

FIRST INSERTION
AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT FOR LEE COUNTY, FLORIDA
Case No. 11-CA-053303
SUNTRUST BANK, f/k/a SUN BANK OF SOUTHWEST FLORIDA, NATIONAL ASSOCIATION and f/k/a SUNTRUST BANK, SOUTHWEST FLORIDA,
Plaintiff, v.
thomas e. shipp, jr. and MARY PAT SHIPP, and THE LAW FIRM OF THOMAS E. SHIPP, JR. & ASSOCIATES, P.A.,
Defendants.
NOTICE is given pursuant to the Summary Final Judgment of Foreclosure filed on the 25th day of June, 2012 in Civil Action No. 2011-CA-053303 of the Circuit Court for Lee County, Florida, in which Thomas E. Shipp, Jr., Mary Pat Shipp and The Law Firm of Thomas E. Shipp, Jr. & Associates, P.A., are the Defendants and SunTrust Bank, f/k/a Sun Bank of Southwest Florida, National Association and f/k/a SunTrust Bank, Southwest Florida, is the Plaintiff, I will sell to the highest bidder for cash at www.lee.realforeclose.com, in accordance with §45.031, Florida Statutes, at 9:00 a.m. on the 4 day of October, 2012, the following described real property set forth in the Summary Final Judgment of Foreclosure:
See attached Exhibits “A” and “B”
EXHIBIT “A”

Lots 47, 48, 49, 50 and 51, Block 374, of that certain subdivision known as CAPE CORAL, Unit 7, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, Lee County, Florida, in Plat Book 12, Pages 101-128, inclusive.

EXHIBIT “B”

(A) All structures and improvements now or hereafter on the real property described in Exhibit “A” attached hereto (“Real Property);

(B) All right, title, and interest of Borrower to the minerals, soil, flowers, shrubs, crops, trees, timber, emblements and other products now or hereafter on, under or above the Real Property, or any part or parcel thereof;

(C) 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 the development or operation of the Real Property, including by way of example and not in limitation: all development and construction 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;

(D) All of Borrower's interest in all utility security deposits or bonds now or hereafter deposited in connection with the Real Property;

(E) All of Borrower's interest as lessor in and to all leases or rental arrangements now or hereafter 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 present and future security deposits and advance rentals, and any and all assignments of rent with respect to the Real Property or any part thereof;

(F) 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, whether now existing or arising hereafter, including but not limited to all of Borrower's interest in and right to earnest money deposits made upon such contracts and agreements;

(G) All land improvements to and upon the Real Property, including water, sanitary, and storm sewer systems, and all related equipment and appurtenances thereto, whether now existing or hereafter 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;

(H) 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 now or hereafter located in, upon, over or under the Real Property, or any part thereof, and used or usable in connection with any present or future operation or development of the Real Property, and now owned or hereafter 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 communication 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 now or hereafter delivered to the Real Property or stored at an off-site location which are intended to be installed on the Real Property;

(I) All right, title and interest of Borrower in and to all unearned premiums accrued, accruing, or to accrue under any and all insurance policies now or hereafter 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.

(J) All trade names, trademarks, and fictitious names used by Borrower in connection with the Real Property or any business operation or endeavor located thereon;

(K) 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.

(L) Agreements for the purchase by third parties of recycled materials generated from the Real Property.

with a street address of 4223 Del Prado Boulevard, S, Cape Coral, Florida 33904.
Dated: 5 day of September, 2012.
Clerk of the Circuit Court
CHARLIE GREEN
(SEAL) By: S. Hughes
Deputy Clerk
Mark J. Bernet, Esq.
Florida Bar No. 606359
KASS SHULER, P.A.
P.O. Box 800
Tampa, Florida 33601
Telephone (813) 229-0900, Ext. 1373
Facsimile: (813) 769-7592
Attorneys for Plaintiff
September 14, 21, 2012 12-04412L