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FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 13-CA-052525
Judge: Kyle, Keith R
Branch Banking And Trust Company, a North Carolina banking corporation,
Plaintiff, v.
The Key Corporation, a Florida corporation; Thomas Williams, an individual; Joan Williams, an individual; Executive Plaza Owners Association, Inc., a Florida non-profit corporation; Marie Gavin dba Stranz Beauty Shoppe; Claudia Alvarez dba Claudia Alvarez Herbal Events; John Doe as Unknown Tenant of Unit #4 at Executive Plaza; John Doe as Unknown Tenant of Unit #5 at Executive Plaza; and Any And All Others Claiming By, Through Or Under Said Defendants,
Defendants.
TO: ANY AND ALL OTHERS CLAIMING BY, THROUGH OR UNDER SAID DEFENDANTS
(Addresses Unknown)
YOU ARE NOTIFIED that an action has been filed by Plaintiff, Branch Banking And Trust Company, a North Carolina banking corporation, seeking foreclosure of the following real and personal property:
LOTS 9, 10, 11, AND 12, BLOCK 1, OF LEELAND HEIGHTS SUBDIVISION, SECTION 32, TOWNSHIP 44 SOUTH, RANGE 27 EAST, LEHIGH ACRES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 124; LESS AND EXCEPT THOSE PORTIONS DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 1417, PAGE 1343, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
and
UNITS 4 AND 5, OF EXECUTIVE PLAZA, AS DESCRIBED IN DECLARATION OF COVENANTS AND RESTRICTIONS FOR EXECUTIVE PLAZA, RECORDED IN OFFICIAL RECORDS BOOK 1889, PAGE 103, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
Together with all buildings and improvements now or hereafter situated upon said property, and all fixtures, equipment, and other personal property now or hereafter located in the buildings and improvements on said property, together with all additions thereto and replacements thereof; all of which is hereinafter referred to as “the Premises.”
Together with the following property and rights:
(a) All easements, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by The Key Corporation (“Mortgagor”).
(b) All rents, profits, issues and revenue of the Premises from time-to-time accruing, whether under lease or tenancies now existing or hereafter created, reserving unto
(c) All judgments, awards of damages, settlements and payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises as a result of the exercise of or threat of exercise of the right of eminent domain, the alteration of the grade of any street, any other injury to or decrease in the value of the Premises, or proceeds of insurance awards, to the extent of all amounts which may be secured by this Mortgage at the date of receipt of any such award or payment by Mortgagee, and of the reasonable attorney's fees, costs and disbursements incurred by Mortgagee in connection with the collection of such judgment, award or payment.
(d) All machinery, apparatus, equipment, fittings, furniture, fixtures and personal property of every kind and nature whatsoever now or hereafter located in any buildings or improvements upon the Premises, or any part thereof.
has been filed against you and you are required to serve a copy of a written defense, if any, to J. Marshall Moorhead, Esq., Plaintiff's attorney, whose address is 150 Second Avenue North, 17th Floor, St. Petersburg, Florida 33701, “30 days after the first date of publication” and file the original with the Clerk of this Court, either before service on Plaintiff's attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in Plaintiff's Complaint.
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 James Sullivan, Operations Division 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.
Dated this 07 day of JUN, 2013.
Linda Doggett, Clerk Of Courts
Lee County, Florida
(SEAL) By: R. Givins
Deputy Clerk
Attorneys for Plaintiff:
J. Marshall Moorhead, Esq.
Florida Bar No. 36274
L. Geoffrey Young, Esq.
Florida Bar No. 188763
ADAMS AND REESE LLP
150 Second Avenue North, 17th Floor
St. Petersburg, FL 33701
Telephone: 727-502-8221 /
Facsimile: 727-502-8250
June 14, 21, 2013 13-03141L