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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT, TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA
CASE NO.: 11-CA-050216
EVERBANK, a federal savings bank,
Plaintiff, vs.
PDJW II, LLC, JAMES E. IVEY, JR., WILLIAM L. McDANIEL, JR., THE FIVE NEESES, LLC a/k/a FIVE NEESES, LLC, DONALD KEETER, EARL G. HODGES, individually and as Trustee of the Earl G. Hodges Revocable Trust dated November 2, 1999, PIERCE T. NEESE, and UNKNOWN PARTIES IN POSSESSION,
Defendants.
Notice is hereby given that, pursuant to a Partial Summary Judgment of Foreclosure as to Counts I and IV in the above-captioned action, I will sell the real and personal property situated in Lee County, Florida, described as follows:
SEE EXHIBITS “A” AND “B” ATTACHED HERETO.
EXHIBIT A
Parcel 1:
All that portion of Section 27, Township 45 South, Range 27 East, lying South of State Highway 82; All that portion of Section 34, Township 45 South, Range 27 East, lying South and West of State Highway 82, Lee County, Florida, Less the following parcels:
The Southeast 1/4 of the Southeast 1/4 of Section 34, Township 45 South, Range 27 East and the South 250 feet of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 45 South, Range 27 East. And the South 330 feet of the Northwest 1/4 of the Southwest 1/4 of Section 34, Township 45 South, Range 27 East, Lee County, Florida and the Southwest 1/4 of the Southwest 1/4 of Section 34, Township 45 South, Range 27 East, Lee County, Florida.
Also Less and except a portion of Section 34, Township 45 South, Range 27 East, being more particularly described as follows:
Beginning at the point of intersection of the East line of said Section 34 with the Southerly right-of-way line of State Road 82; thence S 00 Degrees 28' 26” E along said East line of Section 34, a distance of 3334.88 feet; thence S 89 Degrees 01' 54” W along the North line of the South 250.00 feet of the Northeast quarter of the Southeast quarter of said Section 34, a distance of 1149.62 feet; thence N 00 Degrees 28' 26” W parallel with said East line of Section 34, a distance of 3680.98 feet to a point of intersection with said Southerly right-of-way line of State Road 82; thence S 74 Degrees 10' 22” E along said Southerly right-of-way line, 1197.73 feet to the Point of Beginning.
Parcel 2:
The Southeast 1/4 of the Southeast 1/4 of Section 34, Township 45 South, Range 27 East, Lee County, Florida.
Also:
The South 250 feet of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 45 South, Range 27 East,
Lee County, Florida.
Together with the following two appurtenant Easements:
Non-Exclusive easement for the benefit of Parcel 1, as created by that certain instrument recorded in Official Records Book 500, Page 503, of the Public Records of Lee County, Florida, for road right-of-way purposes, over and above the East 30 feet of Section 34, Township 45 South, Range 27 East, lying South and West of State Highway No. 82, Lee County, Florida Less that portion lying within Parcel 1,
And
Non-Exclusive easement for the benefit of Parcel 1, as created by that certain instrument recorded in Official Records Book 2206, Page 2042, of the Public Records of Lee County, Florida, for the purposes as stated therein, over and across the land as stated therein.
EXHIBIT B
All fixtures, chattels and articles of personal property now or hereafter attached to or used in connection with that certain tract of land situated in Lee County, Florida, and more particularly described in Exhibit “B” attached hereto and made a part hereof, including, but not limited to, the following:
1. All rents, issues, profits, revenues, royalties, rights and benefits derived from the Premises from time to time accruing, whether under leases or tenancies now existing or hereafter created.
2. All causes of actions and judgments pursuant thereto relating to the Premises, and all judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the Premises or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Premises or the improvements thereon or any part thereof, or to any rights appurtenant thereto, including any award for change of grade of streets.
3. All policies of insurance insuring the Debtor or the Premises or the improvements located thereon, together with any proceeds therefrom, together with any abstract of title covering the Premises.
4. All contract rights, causes of action, claims, demands of Debtor.
5. All licenses, easements, permits and development rights pertaining to the Premises.
6. All personal property (tangible and intangible), fixtures and equipment now or hereafter located on or used in connection with the Premises.
7. All accounts receivable; notes. receivable, general intangibles, inventory and equipment of every kind of Debtor relating to the Premises.
8. All building materials delivered to the Premises, .including, without limitation, materials for infrastructure improvements.
9. All contracts to sell the Premises or any portion thereof and all deposits under such contracts.
10. All commitments to make mortgage loans on the Premises, or any portion thereof.
11. An plans and specifications and architectural materials pertaining to the Premises and its present or future improvements.
12. All bulkheads, fill, soil, minerals and bridges located on the Premises.
13. All furnaces, boilers, oil burners, radiators and piping, coal, plumbing and bathroom fixtures, refrigeration, air-conditioning and sprinkler systems, washtubs, sinks, gas and electric fixtures, stoves, ranges, awnings, washers, dryers, screens, window shades, elevators, motors, dynamos, refrigerators, kitchen cabinets, incinerators, plants, shrubbery and landscaping and all other equipment and machinery, appliances, fittings and fixtures of every kind in or used in the operation of the buildings standing on the Premises, together with any and all replacements thereof and additions thereto.
at public sale, to the highest and best bidder for cash, at www.lee.realforeclose.com, on the 26th day of August, 2013, at 9:00 a.m., pursuant to the terms of the Partial Summary Judgment of Foreclosure as to Counts I and IV and in accordance with Section 45.031, Florida Statutes. 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 a court proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Deputy Court Administrator whose office is located at the Lee County Justice Center, 1700 Monroe Street, Fort Myers, FL 33901, and whose telephone number is (239) 533-1700, within seven working days of your receipt of the notice; if you are hearing or voice impaired, dial 711.
Dated this 22 day of July, 2013.
LINDA DOGGETT
CLERK OF THE CIRCUIT COURT
(SEAL) By: S. Hughes
Deputy Clerk
James M. Riley, Esq.
Rogers Towers, P.A.
1301 Riverplace Blvd., Ste. 1500
Jacksonville, FL 32207
Attorneys for Plaintiff
August 2, 9, 2013 13-03952L