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FIRST INSERTION
NOTICE OF SALE
IN THE Circuit COURT OF
THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 2012-CA-3256
WELLS FARGO BANK, N.A.,
as successor by merger to
WACHOVIA BANK, NATIONAL ASSOCIATION, as successor by merger to SOUTHTRUST BANK,
Plaintiff, v.
ANDREW M. GUIDRY;
MARCO MEDICAL GROUP, INC.;
K. NASON a/k/a KARLA NASON,
AS TRUSTEE OF THE BALD EAGLE TRUST, A LAND TRUST; and JOHN DOES 1-5, as unknown parties/tenants in possession,
Defendants.
Notice is hereby given pursuant to the Court's Final Judgment of Foreclosure dated March 11, 2013, entered in Case No. 2012-CA-3256, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, wherein WELLS FARGO BANK, N.A., as successor by merger to WACHOVIA BANK, NATIONAL ASSOCIATION, as successor by merger to SOUTHTRUST BANK, is the Plaintiff, and ANDREW M. GUIDRY; MARCO
MEDICAL GROUP, INC.; K. NASON a/k/a KARLA NASON, AS TRUSTEE OF THE BALD EAGLE TRUST, A LAND TRUST; and JOHN DOES 1-5, are the Defendants, the Clerk shall offer for sale to the highest and best bidder for cash except as set forth hereinafter, on April 10, 2013 at 11:00 A.M., at Collier County Courthouse Annex, 3rd Floor Lobby, 3315 Tamiami Trail East, Naples, FL 34112, the following described property situated in Collier County, Florida as set forth in the Final Judgment of Foreclosure, to wit:
Exhibit A
The term “Mortgaged Property” as used herein is defined as follows:
(A) THE LAND. All that parcel and tract of land located in the County of Collier, State of Florida (the “Land”), described as: “Lots 2 through 6, Block 109, Marco Beach Unit 3, according to the plat thereof recorded in Plat Book 6, Pages 17 through 24, inclusive, of the Public Records of Collier County, Florida.”
(B) THE IMPROVEMENTS. Together with all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures, machinery, appliances, equipment, and personal property of every nature whatsoever now or hereafter owned by Andrew M. Guidry (hereinafter, “Mortgagor”) and located in or on, or attached to, or used or intended to be used in connection with or with the operation of, the Land, buildings, structures or other improvements, including all extensions, additions, improvements, betterments, renewals and replacements to any of the foregoing and all of the right, title and interest of Mortgagor in and to any such personal property or fixtures together with the benefit of any deposits or payments now or hereafter made by Mortgagor or on its behalf (the “Improvements”);
(C) EASEMENTS OR OTHER INTERESTS. Together with all easements, zoning variances and exceptions, 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, liberties, 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 Mortgagor, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law as well as in equity, of Mortgagor of, in and to the same, including but not limited to all judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the property described in paragraphs (A), (B) and (C) hereof or any party thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the property described in paragraphs (A), (B) and (C) hereof or any part thereof, or to any rights appurtenant thereto, and all proceeds of any sales or other dispositions of the property described in paragraphs (A), (B) and (C) hereof or any part thereof.
(D) ASSIGNMENT OF RENTS. Together with all rents, royalties, issues, profits, revenue, income and other benefits from any property described in paragraphs (A), (B) and (C) hereof;
(E) ASSIGNMENT OF LEASES. Together with all right, title, and interest of Mortgagor in and to any and all leases now or hereafter on or affecting any property described in paragraphs (A), (B) and (C) hereof, together with all security therefor and all monies payable thereunder.
(F) FIXTURES AND PERSONAL PROPERTY. Together with a security interest in all fixtures, fittings, furnishings, appliances, apparatus, equipment, machinery and other personal property, including, without limitation, all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, ovens, elevators and motors, bathtubs, sinks, water closets, basins, pipes, faucets and other air conditioning, plumbing, and heating fixtures, minors, mantles, refrigerating plant, refrigerators, iceboxes, dishwashers, carpeting, furniture, laundry equipment, cooking apparatus and appurtenances, and all building material, supplies and equipment now located on or hereafter delivered to the Land and intended to be installed therein; all other fixtures and personal property of whatever kind and nature at present contained in or hereafter placed in any building standing on the Land; and all renewals or replacements thereof or articles in substitution thereof; and all proceeds and profits thereof and all of the estate, right, title and interest of Mortgagor in and to all property of any nature whatsoever, now or hereafter situated on the Land or intended to be used in connection with the operation thereof; all leases and use agreements of machinery, equipment and other personal property of Mortgagor in the categories hereinabove set forth, under which Mortgagor is the lessee of, or entitled to use, such items, and all deposits made therefor; and Mortgagor (Debtor) hereby grants to Mortgagee (Creditor) a security interest in all fixtures, rights and personal property described herein.
Everything referred to in paragraphs (A), (B), (C), (D), (E), and (F) hereof and any additional property hereafter acquired by Mortgagor and subject to the lien of this mortgage or intended to be so is herein referred to as the “Mortgaged Property”.
The term “Mortgagee” refers to Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, National Association, as successor by merger to Southtrust Bank.
Property Address: 19 Bald Eagle Drive. Marco Island, FL 34145
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 60 days after the sale.
“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 John Carter, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (239) 252-8800, 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 14 day of March, 2013.
DWIGHT E. BROCK
Clerk of the Court
By: Gina Burgos
Deputy Clerk
Michael P. Silver, Esq.
Shutts & Bowen LLP
4301 W. Boy Scout Blvd.
Suite 300
Tampa, Florida 33607
Telephone (813) 229-8900
March 22, 29, 2013 13-00923C