12-04611L

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION
Case No. 12-CA-052629-KRK
FIFTH THIRD BANK, an Ohio banking corporation, as
successor by merger to FIFTH THIRD BANK, a Michigan
banking corporation,
Plaintiff, vs.
SCOT E. GOTTSCHALK,
DEBBIE A. GOTTSCHALK, WASHABOUTS, INC., a Florida corporation,
UNKNOWN TENANT #1,
UNKNOWN TENANT #2,
UNKNOWN TENANT #3,
UNKNOWN TENANT #4,
UNKNOWN TENANT #5 and
UNKNOWN TENANT #6,
Defendants.
YOU ARE HEREBY NOTIFIED that pursuant to a Partial Summary Judgment in Foreclosure entered in and for Lee County, wherein the cause is pending under docket number 12-CA-052629-KRK, the Honorable Charlie Green, Clerk of the Circuit Court of Lee County, Florida, will offer for sale at public sale to the highest and best bidder for cash beginning 9:00 a.m. at www.lee.realforeclose.com in accordance with Chapter 45, Florida Statutes, on the 18 day of October, 2012, the following described properties:
PARCEL A:
A tract or parcel of land consisting of part of McPHIE CIRCLE and vacated adjoining streets shown on a map or plat of Unit No. 1 and Unit No. 3, McPHIE PARK as recorded in Plat Book 8 at Page 52 and Plat Book 8 at Page 67 of the Public Records of Lee County, Florida, which tract or parcel is described as follows: From the intersection the Northwesterly line of Sterling Avenue makes with the Southerly line of the Lee County School Block, said Unit No. 3, McPhie Park, run Westerly along said Southerly line of said Lee County School Block and Northwesterly along the arc of a curve to the right of radius 40 feet to a point of tangency on the Westerly line of said Lee County School Block as shown on said plat; thence run Southerly and Southwesterly along the arc of a curve to the right of radius 90 feet for 60.00 feet to the Point of Beginning. From said Point of Beginning continue Southwesterly along the arc of said curve for 20.04 feet (chord bearing South 44° 43' 20” West) to a steel pin, thence run South 35° 17' 10” East for 136.35 feet to a concrete monument marking the intersection with a line parallel with and 50 feet (as measured on a perpendicular) Northwesterly from the Northwesterly line of Block D, said Unit No. 1, McPhie Park, bearing South 47° 42' 00” West along said line, a distance of 209.0 feet from said intersection of said Northwesterly line of Sterling Avenue and said Southerly line of said Lee County School Block; thence run North 47° 42' 00” East along said parallel line for 139.0 feet to a concrete monument; thence run North 42° 18' West, perpendicular to said Northwesterly line for 30.15 feet to a concrete monument marking the intersection with a line parallel with and 25 feet (as measured on a perpendicular) Southerly from said South line of said Lee County School Block; thence run North 89° 51' 20” West of 135.39 feet to a concrete monument; thence run North 51° 39' 30” West for 15.12 feet to the Point of Beginning.

ALSO INCLUDING:

PARCEL B:

A tract or parcel of land consisting of part of McPhie Circle and part of vacated adjoining streets as shown on a map or plat of Unit No. 1 and Unit No. 3, McPHIE PARK, as recorded in Plat Book 8 at Page 52 and in Plat Book 8 at Page 67 of the Public Records of Lee County, Florida, which tract or parcel is described as follows: From the intersection the Northwesterly line of Sterling Avenue makes with the Southerly line of the Lee County School Block, said Unit No. 3, McPHIE PARK, run Westerly along said Southerly line of said Lee County School Block and Northwesterly along the arc of a curve to the right of radius 40 feet to a point of tangency on the Westerly line of said Lee County School Block as shown on said plat; thence run Southerly and Southwesterly along the arc of a curve to the right of radius 90 feet for 60 feet to a concrete monument; thence continue Southwesterly along the arc of said curve for 20.04 feet (chord bearing S 44° 43' 20” W) to a steel pin marking the Point of Beginning of the herein described parcel. From said Point of Beginning continue Southwesterly along the arc of said curve to the right of radius 90 feet (chord bearing S 64° 14' 40” W) or 81.37 feet to a concrete monument marking a point of reverse curvature; thence run Southwesterly, Southerly and Southeasterly along the arc of the curve to the left of radius 16.96 feet (chord bearing S 29° 37' 40” W) for 35.85 feet to a concrete monument marking the intersection with the Northeasterly line of Estero Boulevard (65 feet wide); thence run S 30° 53' 30” E along said Northeasterly line for 122.10 feet to a concrete monument marking the point of curvature; thence run Southeasterly, Easterly and Northeasterly along the arc of a curve to the left of radius 25 feet (chord bearing N 81° 35' 40” E) for 44.25 feet to a concrete monument marking the intersection with a line parallel with and 50 feet (as measured on a perpendicular) Northwesterly from the Northwesterly line of Block D, said Unit No. 1, McPhie Park, thence run N 47° 42' 00” E along said parallel line for 66.47 feet to a concrete monument marking the intersection with a line bearing S 35° 17' 10” E passing through the Point of Beginning; thence run N 35° 17' 10” W along said line for 136.35 feet to the Point of Beginning.

LESS AND EXCEPT THE FOLLOWING:

A tract or parcel of land consisting of part of McPhie Circle and part of vacated adjoining streets as shown on map or plat of Unit No. 1 and Unit No. 3, McPhie Park, as recorded in Plat Book 8 at Page 52 and Plat Book 8 at Page 67 of the Public Records of Lee County, Florida, which tract or parcel is described as follows: From the intersection the Northwesterly line of Sterling Avenue makes with the Southerly line of Lee County School Block, said Unit No. 3, McPhie Park, run S 47° 42' 00” W along the Northwesterly line of Sterling Avenue, parallel with and 50 feet (as measured on a perpendicular) Northwesterly from the Northwesterly line of Block D, said Unit No. 1, McPhie Park, for 226.87 feet to the Point of Beginning. From said Point of Beginning continue S 47° 42' 00” W along said Northwesterly line for 48.6 feet to a point of curvature; thence run Southwesterly, Westerly and Northwesterly along the arc of a curve to the right of radius 25 feet for 44.25 feet to a point of tangency on the Northeasterly line of Estero Boulevard (65 feet wide); thence run N 30° 53' 30” W along said Northeasterly line for 91.46 feet; thence run N 59° 06' 30” E, perpendicular to said Boulevard, for 56.12 feet; thence run S 42° 18' E perpendicular to said Sterling Avenue for 108.5 feet to the Point of Beginning.

TOGETHER WITH a non-exclusive easement for the purpose of maintaining and/or replacing an advertising sign per easement reserved in Deed recorded in O.R. Book 1150, Page 2075, Public Records of Lee County, Florida.

Subject to utility easements to Lee County, a political subdivision of the State of Florida, as recorded in O.R. Book 1194, Pages 104-109, inclusive, and in O.R. Book 1194, Pages 110-113, inclusive, Public Records of Lee County, Florida.

Parcel 2:

The North 145.74 feet of the South 375.74 feet of the East 140 feet of the West half of the East half of the Southeast quarter of the Southwest quarter of the Southwest quarter of Section 2, Township 44 South, Range 24 East.

ALSO

A lot or parcel of land lying in the Southeast quarter (SE ¼) of the Southwest quarter (SW ¼) of the Southwest quarter (SW ¼) of Section 2, Township 44 South, Range 24 East, which lot or parcel is described as follows:

From the Southwest corner of said Section 2 run East along the South line of said Section 2 for 1,015 feet to an intersection with a Southerly prolongation of the East line (25 feet from the centerline) of Lamar Road; thence deflect 89° 45' 00” to the left and run Northerly along said prolongation for 36.53 feet to the North right-of-way line (40 feet from the centerline) of the Pondella Road (State Road No. S-78-A) and the Point of Beginning of the lands herein described.

From said Point of Beginning continue North along said East line of Lamar Road for 193 feet; thence deflect 89° 45' 00” to the right and run Easterly parallel with said North right-of-way line of the Pondella Road for 140 feet; thence deflect 90° 15' 00” to the right and run Southerly parallel with said Easterly line of Lamar Road for 193 feet to said North right-of-way line of the Pondella Road; thence deflect 89° 45' 00” to the right and run Westerly along said North right-of-way line for 140 feet to the Point of Beginning.

Together with:

A TRACT OR PARCEL OF LAND LYING IN THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 2, TOWNSHIP 44 SOUTH, RANGE 24 EAST, WHICH LOT OR PARCEL IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2; THENCE RUN EAST ALONG THE SOUTH LINE OF SAID SECTION 2 FOR 1,015 FEET TO AN INTERSECTION WITH SOUTHERLY PROLONGATION OF THE EAST LINE (25 FEET FROM THE CENTERLINE) OF LAMAR ROAD; THENCE RUN NORTHERLY ALONG SAID PROLONGATION FOR 36.53 FEET TO THE NORTH RIGHT-OF-WAY LINE (40 FEET FROM THE CENTERLINE) OF PONDELLA ROAD (STATE ROAD NO. S-78-A); THENCE CONTINUE RUNNING NORTH ALONG SAID LINE FOR 193 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.

FROM SAID POINT OF BEGINNING RUN EASTERLY PARALLEL WITH SAID NORTH RIGHT-OF-WAY LINE OF PONDELLA ROAD FOR 140.00 FEET; THENCE RUN NORTH 0.16' MORE OR LESS TO THE SOUTH LINE OF THE NORTH 145.74 FEET OF THE SOUTH 375.74 FEET OF THE EAST 140 FEET OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2, THENCE RUN WEST ALONG SAID SOUTH LINE FOR 140 FEET; THENCE RUN 0.47 FEET MORE OR LESS TO THE POINT OF BEGINNING.

All property rights of any kind whatsoever, whether personal, mixed, or otherwise, which encompass accounts, including any demand time, savings, passbook, certificate of deposit or like account maintained by any bank, savings bank, credit union or like organization, 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 “Mortgagor”) related to that certain parcel or real estate located in Lee County, Florida, and legally described above.

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 Mortgagor in and to the minerals, soil, flowers, shrubs, fruits, crops, trees, timber and other emblements now growing or hereafter planted, grown or produced and all fixtures and improvements thereto 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 belong or in anywise appertaining, whether now owned or hereafter acquired by Mortgagor, 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 Mortgagor of, in, and to the same, and of, in, 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 Mortgagor, including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment engines, pipes; pumps; irrigation equipment, wells, 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; awnings: 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 accessories thereto and replacements thereof (Mortgagor 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 Mortgagor 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 Mortgagor 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 Mortgagor and which are now or hereafter located on the Property or serve the Property or any part or parcel thereof.
(h) The common elements appurtenant to any parcel, unit, or lot which is all or part of the Property.
(i) Mortgagor'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 Mortgagor 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 Mortgagor pursuant to the terms of such leases, and advance rentals, reserving to Mortgagor its equity of redemption rights therein, provided and hereby intending that in case of foreclosure sale, the Mortgagor's interest in any such leases then in force shall, upon expiration of Mortgagor's rights of redemption, pass to the purchaser at such sales a 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 Mortgagor 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 Mortgagor to execute and deliver valid acquittance 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 Mortgagor 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 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 Mortgagor 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 the Mortgagor's interest in all utility security deposits or bonds deposited in connection with the Property.
(n) All of the Mortgagor'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.
(o) All existing and after-acquired furniture, fixtures, and equipment, including, but not limited to, all pool and patio furniture, computer systems, phone systems, furnishings, art work, televisions, maintenance equipment, restaurant equipment, laundry equipment, vacuum cleaners, and ice machines.
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 sixty (60) days after the sale.
DATED this 19 day of September, 2012.
CHARLIE GREEN,
Clerk of Circuit Court
(SEAL) By: S. Hughes
Deputy Clerk
JEFFREY W. LEASURE, ESQ.
P.O. Box 61169
Fort Myers, FL 33906-1169
Sept. 28; Oct. 5, 2012 12-04611L