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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
CIRCUIT CIVIL DIVISION
CASE NO. 2012-CA-056806
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LEHMAN BROTHERS SMALL BALANCE COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-3,
Plaintiff, vs.
RAYMOND FINECEY, TRUSTEE OF BRUNER LANE TRUST, UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED APRIL 20, 2006; AZR LLC, a Florida limited liability company and sole beneficiary of the Bruner Lane Trust Land Trust Agreement dated April 20, 2006; A TO Z ROOFING SERVICES, INC., a Florida corporation; TROY FINECEY; and JASON LEONARD,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Agreed Final Summary Judgment of Foreclosure filed July 18, 2013, entered in Case No. 2012-CA-056806, in the Circuit Court of the 20th Judicial Circuit in and for Lee County, Florida, wherein U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LEHMAN BROTHERS SMALL BALANCE COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-3, is the Plaintiff, and RAYMOND FINECEY, TRUSTEE OF BRUNER LANE TRUST, UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED APRIL 20, 2006; AZR LLC, a Florida limited liability company and sole beneficiary of the Bruner Lane Trust Land Trust Agreement dated April 20, 2006; A TO Z ROOFING SERVICES, INC., a Florida corporation; and JASON LEONARD, are the Defendants, I will sell to the highest and best bidder for cash, at public sale at the Lee County Clerk's website for on-line auctions on September 16, 2013 at 9:00 a.m., via the Internet at www.lee.realforeclose.com, the following described property situated in Lee County, as set forth in said Final Judgment, to wit:
See COMPOSITE EXHIBIT “A” and EXHIBIT “A-1”
ATTACHED HERETO AND MADE A PART HEREOF.
COMPOSITE
EXHIBIT “A”
Mortgaged Property
All of Borrower's present and future right, title and interest in and to all of the following, whether now owned or hereafter acquired (collectively, the “Mortgaged Property”):
(a) That real property described in the legal description attached hereto as Exhibit “A-1”, together with all existing or subsequently erected or affixed buildings, improvements and fixtures, all easements, rights of way and appurtenances, all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights), and all other rights, royalties and profits relating to the real property including, without limitation all minerals, oil, gas, geothermal and similar matters (the “Real Property”);
(b) all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements, and other construction on the Real Property (collectively, the “Improvements”);
(c) all equipments, fixtures, and other articles of personal property now or hereafter owned by Borrower and now or hereafter attached or affixed to the Real Property, together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property (collectively, the “Personal Property”), and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from and sale or other disposition of the Real Property and the Personal Property (the “Property”);
(d) all present and future leases of the Property;
(e) all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property
To Have And To Hold the Mortgaged Property to Mortgagee, Mortgagee's heirs, successors and assigns forever upon the terms and conditions and upon the uses and purposes set forth in the Mortgage.
As used in this Exhibit, “Borrower” refers to Defendant Raymond Finecey, Trustee of Bruner Lane Trust, under the provisions of a trust agreement dated April 20, 2006.
EXHIBIT “A-1”
LEGAL DESCRIPTION
Description of the W 1/2 of Lot 43, SOUTH COMMERCIAL PARK, Section 25, Township 45 South, Range 24 East, Lee County, Florida:
A tract of parcel of land situated in the State of Florida, County of Lee, being a part of Section 25, Township 45 South, Range 24 East, and further bounded and described as follows:
Starting at the intersection of the Easterly right-of-way line of the Tamiami Trail (US #41, 215 feet wide) and the North line of the South one half (S1/2) of the North one half (N1/2 of said Section 25; thence North 89°05'24” East along said North line a distance of 2608.20 feet; thence South 0°55'28” East a distance of 922.74 feet to a point on the Northerly right-of-way line of South Commercial Drive, said point being the principal place of beginning of the herein described parcel; thence North 0°55'28” West a distance of 180.00 feet; thence N. 89°04'32” E, a distance of 78.42 feet; thence S. 0°55'28” E, a distance of 180.00 feet to a point on the northerly right-of-way line of said South Commercial Drive; thence S. 89°04'32” W, along said northerly right-of-way line a distance of 78.42 feet to the place of beginning.
Property Address: 2317 Bruner Lane, Fort Myers, Florida 33912.
PURSUANT TO SECTION 45.031(2)(F), 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 SIXTY (60) DAYS AFTER THE SALE.
DATED THIS 18 day of July, 2013.
LINDA DOGGETT,
CLERK OF THE COURT,
LEE COUNTY, FLORIDA
(SEAL) By: M. Parker
Deputy Clerk
Lee D. Mackson, Esq.
SHUTTS & BOWEN LLP
1500 Miami Center
201 S. Biscayne Blvd.
Miami, FL 33131
July 26; Aug. 2, 2013 13-03867L