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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. 13-CA-050664
IBERIABANK, a Louisiana banking corporation, as successor in interest to ORION BANK,
Plaintiff, vs.
PALM ROYALE PROPERTIES, LLC., a Florida limited liability company, PALM ROYALE CONDOMINIUM ASSOCIATION, INC., a Florida corporation,
GARY R. WILLIAMS,
UNKNOWN TENANT #1, UNKNOWN TENANT #2, UNKNOWN TENANT #3, UNKNOWN TENANT #4, UNKNOWN TENANT #5, UNKNOWN TENANT #6, and UNKNOWN TENANT #7,
Defendant(s).
NOTICE IS GIVEN that pursuant to the Summary Final Judgment of Foreclosure filed on the 15 day of July, 2013, in Civil Action No. 13-CA-050664, of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, in which PALM ROYALE PROPERTIES, LLC, PALM ROYALE CONDOMINIUM ASSOCIATION, INC., GARY R. WILLIAMS, UNKNOWN TENANT #1, UNKNOWN TENANT #2, UNKNOWN TENANT #3, UNKNOWN TENANT #4, UNKNOWN TENANT #5, UNKNOWN TENANT #6, and UNKNOWN TENANT #7 are the Defendants, IBERIABANK, is the Plaintiff, Linda Doggett, Clerk of Court, Lee County will sell to the highest and best bidder for cash on the 14 day of August, 2013 at 9:00 a.m. by electronic sale at www.lee.realforeclose.com, the following described real property set forth in the Summary Final Judgment of Foreclosure in Lee County, Florida:
i) The Real Property described in Exhibit “A” attached hereto;
ii) The Personal Property described in Exhibit “B” attached hereto.
PARCEL 1:
Condominium Unit Nos. 1, 6, 8, 9, 10, 11 and 12, Phase 2, of PALM ROYALE, A CONDOMINIUM, together with an undivided interest in the common elements, according to the Declaration of Condominium recorded in Official Records Book 4347, Page(s) 2708, as amended, of the Public Records of Lee County, Florida.
(Personal Property)
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 on Exhibit “B” attached hereto (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; lilting; 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 Debtors 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 or rental arrangements, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered in to 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.
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, baking 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 at 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 lend 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 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.
EXHIBIT “B”
A tract or Parcel of land lying in Section 30, Township 44 South, Range 26 East, being a part of that land shown in Plat Book 15, at Page 81 and vacated in O.R. Book 2633, Page 1695, Lee County Public Records, more particularly described as follows:
Commencing at the Southeast corner Section 30, Township 44 South. Range 26 East, Lee County, Florida; thence N. 00' 59' 22' W for 100.00 feet along the East line at said Section 30 to the corner of Blowfish and Amberjack canals; thence continue N 00Ëš 59' 22” W for 1068.04 feet along said East line and the West right of way of Amberjack canal to the North right of way of Jack canal (60.00 feet wide); thence S 89' 30' 44' W for 1832.00 feet, along said North right of way to the East right of way of Westgate Blvd; thence N 00' 29' 16' W for 252.00 feet along said right of way (50.00 feet from centerline); thence N 89' 30' 44” E for 400.00 feet along the centerline at a 45.00 feet wide ingress egress and utility easement (Lee Street) to the Point of Beginning.
From said Point of Beginning; thence continue along said centerline N 89” 30' 44' E for 265'61 feet; thence N 00° 29' 16' W for 328.00 feet; thence S 89' 30' 44” W for 265.61 feet, thence S 00' 29' 16” E for 328.00 feet to the Point of Beginning.
Together with the right of ingress and egress over and across that roadway easement as described In that Dedication of Easement recorded in Official Records Book 3470, Page 3869, Public Records of Lee County, Florida.
Dated this 15 day of July, 2013.
LINDA DOGGETT,
CLERK OF COURT
(SEAL) By S. Hughes
Deputy Clerk
M. Brian Cheffer
Attorney for Plaintiff
DeBoest, Stockman, Decker,
Hagan, Cheffer & Webb-Martin, P.A.
P.O. Box 1470
Fort Myers, Fl. 33902
239-334-1381
July 26; Aug. 2, 2013 13-03868L