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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 ACTION
Case No. 12-CA-054762-MTM
FLORIDA COMMUNITY BANK, N.A., a national banking association f/k/a Premier American Bank, N.A., as assignee of the FDIC as Receiver for Florida Community Bank, a Florida banking corporation,
Plaintiff, vs.
CAPE CORAL LOT 100-YAGEN, LLC, a Florida limited liability company, JEFF ORCUTT, LLC, a noncompliant Alaskan limited liability company, 1119 SE 12TH, LLC, a Florida limited liability company, UNKNOWN TENANT #1, UNKNOWN TENANT #2 and UNKNOWN TENANT #3,
Defendants.
YOU ARE HEREBY NOTIFIED that pursuant to a Final Judgment of Foreclosure entered in and for Lee County, Florida, wherein the cause is pending under docket number 12-CA-054762-MTM, the Honorable LINDA DOGGETT, the 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 13 day of February, 2013, the following described properties:
REAL PROPERTY:
Lots 7, 8, 9 and 10, Block 781, Unit 22, Cape Coral Subdivision, as recorded in Plat Book 14, Pages 1 to 16, inclusive, Public Records of Lee County, Florida.
PERSONAL PROPERTY:
SEE ATTACHED
SCHEDULE “1”
SCHEDULE “1”
1. All rights, title, and interest of Debtor in and to the minerals, topsoil, muck, peat, humus, sand, common clay, flowers, shrubs, crops, trees, timber, and all other emblements now or hereafter on the real property described in the security agreement (the “Real Property”) or under or above the same or any part or parcel thereof.
2. All buildings; structures and other improvements now or hereafter located on, above, or below the surface of the Real Property or any part or parcel thereof.
3. All tenements, hereditaments, easements, riparian and littoral rights, and appurtenances belonging to or in any wise appertaining to the Real Property, whether now owned or hereafter acquired by Debtor, and including all rights of ingress and egress to and from property adjoining the Real Property (whether such rights now exist or subsequently arise) together with the reversion or reversions, remainder or remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, homestead, dower, right of dower, elective share, separate estate, property, possession, claims and demands whatsoever of Debtor of, in and to the Real Property and of, in and to every part and parcel thereof.
4. All machinery, apparatus, equipment, fittings, and fixtures, whether actually or constructively attached to the Real Property, and including all trade, domestic, and ornamental fixture and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon, or under the Real Property or any part thereof and used or usable in connection with any present or future operation of' the Real Property and now owned or hereafter acquired by Debtor, including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing; lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications, apparatus; boilers, ranges, 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, plater, cements, 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 accession to any of the foregoing and replacements of any of the foregoing.
5. All of the water, sanitary, and storm sewer systems now or hereafter owned by Debtor, which systems are now or hereafter located by, over, and upon the Real Property or any part and parcel thereof, and which water systems include all water mains, service laterals, hydrants, valves, and appurtenances, and which sewer systems include all sanitary sewer lines, including mains, laterals, manholes, and appurtenances.
6. All paving for streets, roads, walkways or entranceways now or hereafter owned by Debtor and which are now or hereafter located on the Real Property or any part or parcel thereof.
7. All of the Debtor's interest as lessor in and to all leases or rental arrangements of the Real Property or any part thereof, heretofore or hereafter made and entered into, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.
8. Any and all awards or payments, including interest thereon, and the right to receive such awards or payments, as a result of (a) the exercise of any 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 this collateral or of the Real Property.
9. All of the right, title, and interest of the Debtor in and to all unearned premiums under any and all insurance policies now or hereafter existing with respect to, and all proceeds or sums payable for the loss of or damage to (a) the Real Property, (b) this Collateral, or (c) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the foregoing.
10. All of the right, title and interest of the Debtor 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, architectural and engineering drawings, surveys, development agreements, and governmental approvals, if any, now or hereafter used in conjunction with the development of the Real Property or operation of any business or endeavor located on the Real Property.
11. All of Debtor's interest in all utility security deposits or bonds deposited in connection with the Real Property.
12. All of Debtor's interest in and to any and all contracts or agreements for the sale of the Real Property, or any part thereof or any interest therein, whether now existing or arising hereafter.
13. All goods, as defined in the Uniform Commercial Code (except consumer goods) and all parts, accessories, attachments, additions and replacements thereto, now owned or hereafter acquired by Debtor, including without limitation all furniture, furnishings, fixtures and leasehold improvements, and inventory (including without limitation goods held for sale or lease or to be furnished under contracts of service, raw materials, work in process and materials to be used or consumed in the Debtor's business and all products thereof) and equipment now owned or hereafter acquired by Debtor or used in Debtor's business, wheresoever such goods shall be located.
14. All accounts, chattel paper, contract rights, instruments and general intangibles (including without limitation goodwill, trademarks, trade styles, trade names, patents, patent applications, computer software, source codes and object codes, tax refunds and deposit accounts), now owned or hereafter acquired by Debtor.
15. All documents of title, now owned or hereafter acquired by Debtor.
16. All proceeds of any kind (including without limitation, proceeds of insurance policies) of any of the property described herein.
17. All property of Debtor which is or may hereafter be in Secured Party's possession in any capacity, including all monies owed or to be owed by Secured Party to Debtor, including but not limited to depository and other accounts.
Name or Record Owner if Different from Debtor: N/A
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 15 day of January, 2013.
LINDA DOGGETT
Clerk of Circuit Court
(SEAL) By: M. Parker
Deputy Clerk
Jeffrey W. Leasure, Esq.
P.O. Box 61169
Fort Myers, FL 33906-1169
Jan. 25; Feb. 1, 2013 13-00330L