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FIRST INSERTION
NOTICE OF SALE
in the circuit court of the twentieth judicial circuit in and for lee county, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. CASE NO. 10-CA-005137
MULTIBANK 2009-1 CRE VENTURE, LLC, a Delaware limited liability company,
Plaintiff, v.
J.B. ALVA, INC. a Florida corporation, JERRY L. BAUMGARTNER, an individual, JUDITH A. BRINK, an individual, MERRILL LYNCH COMMERCIAL FINANCE CORP., a Delaware corporation, STATE OF FLORIDA DEPARTMENT OF REVENUE, and B.F. INDUSTRIAL CENTER OWNERS' ASSOCIATION, a Florida non-profit corporation,
Defendants.
NOTICE IS HEREBY GIVEN that, the undersigned Clerk of the Circuit Court of Lee County, Florida, will, not before 60 days from the date of the Final Judgment of Foreclosure, on the 15 day of March, 2013, at 9:00 a.m., sell to the highest bidder for cash at www.lee.realforeclose.com, the Clerk's website for on-line auctions, in accordance with the Final Judgment of Foreclosure entered in the above-styled action on January 14, 2013, the following described property in Lee County, Florida:
See Exhibit “1”
Property Description
Exhibit “1”
(Property Description)
Note: The term “Debtor” shall mean Defendant J.B. ALVA, INC.
All of Debtor's right, title and interest in and to the following described land (the “Real Property”), and the buildings, structures, fixtures and other improvements now or hereafter located thereon:
Lots 9 and 10, B. F. INDUSTRIAL CENTER, a subdivision lying in Section 10, Township 44 South, Range 25 East, as recorded in Plat Book 47, Pages 91-92 in the Public Records of Lee County, Florida
TOGETHER WITH: All the property described in Exhibit “A” attached hereto.
EXHIBIT “A”
All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the property described in Exhibit “B” (herein referred to as “property”) or under or above the same or any part or parcel thereof.
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon or under the property or any part thereof and used or usable in connection with any present or future operation of the property and now owned or hereafter acquired by Debtor, 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, 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, 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 accessions thereto and replacements thereof.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over, and upon the property 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.
All paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereinafter located on the property or any part or parcel thereof.
All of Debtor's interest as lessor in and to all leases or rental arrangements of the property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by Debtor during the life of the security agreements or any extension or renewal thereof, 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.
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 any street, or (c) any other injury to, taking of, or decrease in the value of the property described in Exhibit “B” or in this exhibit.
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 of or damage to (a) the property described in Exhibit “B” or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the property.
All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon, operation of or sale of the property, including any agreements for deed and installment land contracts.
All of the right, title and interest of the Debtor in and to any trade names, names of businesses, or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Exhibit “B” property.
All of Debtor's interest in all utility securing deposits or bonds on the Exhibit “B” property or any part of parcel thereof.
Any person or entity claiming an interest in the surplus, if any, resulting from the foreclosure sale, other than the property owner, as of the date of the Lis Pendens must file a claim on same with the Clerk of the Court within 60 days after the foreclosure sale.
Witness my hand and official seal of said court this 15 day of January, 2013.
LINDA DOGGETT
Clerk of Court
(SEAL) By: M. Parker
Deputy Clerk
Attorney for Plaintiff
Ronald M. Rosengarten, Esq.
Greenberg Traurig P.A.
333 Avenue of the America,
Suite 4400
Miami, Florida 33131
(305) 579-0519
Jan. 25; Feb. 1, 2013 13-00349L