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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. 13-CA-052525
Branch Banking And Trust Company, a North Carolina
banking corporation,
Plaintiff, v.
The Key Corporation, a Florida corporation; Thomas Williams, an individual; Joan Williams, an individual; Executive Plaza Owners Association, Inc., a Florida non-profit corporation; Marie Gavin dba Stranz Beauty Shoppe; Claudia Alvarez dba Claudia Alvarez Herbal Events; John Doe as Unknown Tenant of Unit #4 at Executive Plaza; John Doe as Unknown Tenant of Unit #5 at Executive Plaza; and Any And All Others Claiming By, Through Or Under Said Defendants,
Defendants.
Notice is hereby given that, pursuant to the Final Judgment of Foreclosure as to Count I entered in this cause on November 19, 2013, the Clerk will sell the real and personal property situated in Lee County, Florida, described as:
LOTS 9, 10, 11, AND 12, BLOCK 1, OF LEELAND HEIGHTS SUBDIVISION, SECTION 32, TOWNSHIP 44 SOUTH, RANGE 27 EAST, LEHIGH ACRES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 124; LESS AND EXCEPT THOSE PORTIONS DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 1417, PAGE 1343, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
and
UNITS 4 AND 5, OF EXECUTIVE PLAZA, AS DESCRIBED IN DECLARATION OF COVENANTS AND RESTRICTIONS FOR EXECUTIVE PLAZA, RECORDED IN OFFICIAL RECORDS BOOK 1889, PAGE 103, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
Together with all buildings and improvements now or hereafter situated upon said property, and all fixtures, equipment, and other personal property now or hereafter located in the buildings and improvements on said property, together with all additions thereto and replacements thereof; all of which is hereinafter referred to as “the Premises.”
Together with the following property and rights:
(a) All easements, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by The Key Corporation (“Mortgagor”).
(b) All rents, profits, issues and revenue of the Premises from time-to-time accruing, whether under lease or tenancies now existing or hereafter created, reserving unto
(c) All judgments, awards of damages, settlements and payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises as a result of the exercise of or threat of exercise of the right of eminent domain, the alteration of the grade of any street, any other injury to or decrease in the value of the Premises, or proceeds of insurance awards, 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 attorney's fees, costs and disbursements incurred by Mortgagee in connection with the collection of such judgment, award or payment.
(d) All machinery, apparatus, equipment, fittings, furniture, fixtures and personal property of every kind and nature whatsoever now or hereafter located in any buildings or improvements upon the Premises, or any part thereof.
(collectively, the “Property”)
at public sale, to the highest and best bidder, for cash, at 9:00 a.m., on the 22nd day of January, 2014, via the Internet at www.lee.realforeclose.com.
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.
DATE: December 3, 2013
LINDA DOGGETT
CLERK OF CIRCUIT COURT
LEE COUNTY, FLORIDA
(SEAL) By: S. Hughes
Deputy Clerk
J. Marshall Moorhead, Esq.
Adams and Reese LLP
150 Second Avenue North, 17th Floor
St. Petersburg, FL 33701
Telephone: 727-502-8221
Facsimile: 727-502-8921
Attorneys for Plaintiff
32122994-1
December 13, 20, 2013 13-06260L