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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
in the circuit court of the 20th judicial circuit in and for LEE county, FLORIDA
CASE NO.: 08-CA-26092
division:
judge sherra winesett
Orion Bank, a Florida banking corporation
Plaintiff, vs.
north oaks v, llc, a Florida limited liability company, MARTIN G. BERGER, an individual, and METRON SURVEYING AND MAPPING, LLC, a Florida limited liability company,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure dated the 15th day of June, 2011, and entered in Case Number: 08-CA-26092, of the Circuit Court of the 20th Judicial Circuit, in and for Lee County, Florida, wherein, IBERIABANK, a Louisiana banking corporation, as successor in interest to Orion Bank, is the Plaintiff, and north oaks v, llc, MARTIN G. BERGER, and METRON SURVEYING AND MAPPING, LLC as the Defendants. The Clerk of Circuit Court will sell to the highest and best bider online at www.lee.realforeclose.com, the Clerk's website for on-line auctions at 9:00 A.M., on the 13 day of March, 2013, the following described property as set forth in said Final Judgment, to wit:
Parcel 1:
The North 1/2 of the North 1/2 of the Northwest 1/4 of Section 29, Township 43 South, Range 23 East, Lee County, Florida, Less and except the West 132 feet thereof.
AND
Parcel 2:
The South 1/2 of the Northwest Quarter and the South 1/2 of the North 1/2 of Section 29, Township 43 South, Range 23 East, Lee County, Florida, Less and except the West 132 feet thereof.
Property address: 2901 Burnt Store Road North, Cape Coral, Florida 33993
AND
1. All machinery, apparatus, equipment, 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 above (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; 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.
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 agreements hereafter made and entered in to by Debtor during the life of the security agreements or any extension of renewal thereof, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental agreements 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 now 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 sixty (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 the Court Operations Manager whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, 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.
WITNESS my hand and seal of the Court on Feburary 4, 2013.
LINDA DOGGETT
Clerk of Circuit Court
(SEAL) By: S. Hughes
Clerk of Circuit Court
Merrick L. Gross, Esq.
Morgan L. Swing, Esq.
carlton fields, p.a.
100 S.E. 2nd Street
Miami Tower, Suite 4200
Miami, Florida 33131
Phone: (305) 530-0050
Fax: (305) 530-0055
23402997.1
February 15, 22, 2013 13-00735L