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FIRST INSERTION
NOTICE OF SALE ON COMPLAINT
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CASE NO: 2012-CA-056165
BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, successor-in-interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank,
Plaintiff, v.
ATHYRIO DEVELOPMENT ASSOCIATES, LLC, a Florida limited liability company; BRYBAR HOLDINGS, LLC, a dissolved Florida limited liability company; STARBOARD DEVELOPMENT CORPORATION, a Florida corporation; JAMES E. KINSEY, JR., individually; JOHN T. KINSEY, individually, jointly and severally, and WEN-JONG WU, individually,
Defendants.
NOTICE IS HEREBY GIVEN that the undersigned, the Clerk of the Circuit Court for Lee County, Florida, under and pursuant to the Final Summary Judgment of Mortgage Foreclosure in Favor of BB&T heretofore entered on the 18th day of October, 2013, in that certain cause pending in the Circuit Court of the Twentieth Judicial Circuit, in and for Lee County, Florida, being Civil Action No. 2012-CA-056165, in which BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, successor-in-interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank (“BB&T”) is the Plaintiff and ATHYRIO DEVELOPMENT ASSOCIATES, LLC, a Florida limited liability company (“Athyrio”); BRYBAR HOLDINGS, LLC, a dissolved Florida limited liability company (“Brybar”); STARBOARD DEVELOPMENT CORPORATION, a Florida corporation (“Starboard”); JAMES E. KINSEY, JR., individually (“James Kinsey”); JOHN T. KINSEY, individually (“John Kinsey”), jointly and severally, and WEN-JONG WU, individually (“Wu”), are the Defendants, and under and pursuant to the terms of the said Final Judgment will offer for sale at public outcry to the highest and best bidder for cash, at www.lee.realforeclose.com on November 25, 2013, at 11:00 a.m. in accordance with Chapter 45 Florida Statutes, the same being a legal sales day and the hour a legal hour of sale, the real and personal property situated in Lee County, Florida and legally described as follows:
Real Property
(NORTH COMMERCIAL EAST)
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 34, TOWNSHIP 43 SOUTH, RANGE 24 EAST AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY OF U.S. 41 (STATE ROAD 45) (200 FEET WIDE) AND THE SOUTHERLY RIGHT-OF-WAY OF LITTLETON ROAD (50 FEET WIDE) THENCE 94.14 FEET ALONG THE WESTERLY RIGHT-OF-WAY AND ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 5829.58 FEET AND SUBTENDED BY A CHORD HAVING A LENGTH OF 94.14 FEET AND BEARING S.03°47 110”W. TO A POINT OF TANGENCY; THENCE S.03°25'50”W. ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR 2338.37 FEET TO THE SOUTHEASTERLY CORNER OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1972 AT PAGE 335 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE CONTINUE S.03°25'50”W. ALONG SAID WESTERLY RIGHT-OF-WAY LINE. FOR 199.95 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE. OF DIPLOMAT PARKWAY (100 FEET WIDE) AS DESCRIBED IN OFFICIAL RECORDS BOOK 2833 AT PAGE 4156 OF SAID PUBLIC RECORDS; THENCE N 86°35'21”W. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR 12.52 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 2150.00 FEET; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 3°32'51” FOR 133.12 FEET; THENCE S.89°51'48”W. ALONG SAID RIGHT-OF-WAY LINE FOR 1227.31 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S.89°51'48”W. ALONG SAID RIGHT-OF-WAY LINE FOR 257.48 FEET; THENCE N.00°08'12”W. FOR 250.00 FEET; THENCE N.89°51'48”E. FOR 257.48 FEET; THENCE S.00°08'1 2”E. FOR 250.00 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 1.48 ACRES, MORE OR LESS.
(NORTH COMMERCIAL WEST)
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 34, TOWNSHIP 43 SOUTH, RANGE 24 EAST AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY OF U.S. 41 (STATE ROAD 45) (200 FEET WIDE) AND THE SOUTHERLY RIGHT-OF-WAY OF LITTLETON ROAD (50 FEET WIDE) THENCE 94.14 FEET ALONG THE WESTERLY RIGHT-OF-WAY AND ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 5829.58 FEET AND SUBTENDED BY A CHORD HAVING A LENGTH OF 94.14 FEET AND BEARING S.03°47'10”V TO A POINT OF TANGENCY; THENCE S.03°25'50”W. ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR 2338.37 FEET TO THE SOUTHEASTERLY CORNER OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1972 AT PAGE 335 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE CONTINUE S.03°25'50”W. ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR 199.95 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF DIPLOMAT PARKWAY (100 FEET WIDE) AS DESCRIBED IN OFFICIAL RECORDS BOOK 2833 AT PAGE 4156 OF SAID PUBLIC RECORDS; THENCE N.86°35'21”W. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR 12.52 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 2150.00 FEET; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE. AND SAID CURVE THROUGH A CENTRAL ANGLE OF 3°32'51” FOR 133.12 FEET; THENCE S.89°51'48”W. ALONG SAID RIGHT-OF-WAY LINE FOR 1564.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S.89°51'48”W. ALONG SAID RIGHT-OF-WAY LINE FOR 253.42 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF A DRAINAGE EASEMENT (50 FEET WIDE) DESCRIBED IN DEED BOOK 237 AT PAGES 564 AND 565 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE N.28°3251”W. ALONG SAID NORTHEASTERLY LINE FOR 6.70 FEET; THENCE N.00°20'36”W. ALONG THE EASTERLY LINE OF SAID EASEMENT FOR 244.12 FEET; THENCE N.89°51'48”E. FOR 257.48 FEET; THENCE S.00°08'12”E. FOR 250.00 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 1.47 ACRES, MORE OR LESS.
(NORTH RESIDENTIAL)
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 34, TOWNSHIP 43 SOUTH, RANGE 24 EAST AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY OF U.S. 41 (STATE ROAD 45) (200 FEET WIDE) AND THE SOUTHERLY RIGHT-OF-WAY OF LITTLETON ROAD (50 FEET WIDE) THENCE 94.14 FEET ALONG THE WESTERLY RIGHT-OF-WAY AND ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 5829.58 FEET AND SUBTENDED BY A CHORD HAVING A LENGTH OF 94.14 FEET AND BEARING S.03°47'10”W. TO A POINT OF TANGENCY; THENCE S.03°25'50”W. ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR 2338.37 FEET TO THE. SOUTHEASTERLY CORNER OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1972 AT PAGE 335 OF THE. PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE CONTINUE S.03°25'50”W. ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR 199.95 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF DIPLOMAT PARKWAY (100 FEET WIDE) AS DESCRIBED IN OFFICIAL RECORDS BOOK 2833 AT PAGE 4156 OF SAID PUBLIC RECORDS; THENCE N.86°35'21”W. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR 12.52 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 2150.00 FEET; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 3°32'51” FOR 133.12 FEET; THENCE S.89°51'48”W. ALONG SAID RIGHT-OF-WAY LINE FOR 1484.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S .89°51148”W. ALONG SAID RIGHT-OF-WAY LINE FOR 80.00 FEET; THENCE N.00°08'12”W. FOR 250.00 FEET; THENCE S.89°51'48”W. FOR 257.48 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF A DRAINAGE EASEMENT (50 FEET WIDE) DESCRIBED IN DEED BOOK 237 AT PAGES 564 AND 565 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE N..00°20'36”W ALONG SAID EASTERLY LINE FOR 703.76 FEET TO THE SOUTHERLY LINE OF SERENEDIPITY SOUTH MOBILE HOME PARK (UNRECORDED); THENCE ALONG THE SOUTHERLY AND EASTERLY LINES OF SAID PARK FOR THE FOLLOWING THREE (3) DESCRIBED COURSES: N.85°23'00”E. FOR 335.22 FEET; THENCE N.02°25'15”W. FOR 346.19 FEET; THENCE S.89°54'50”E. FOR 1231.65 FEET TO THE WESTERLY LINE OF THE AFORESAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1972 AT PAGE 335; THENCE S .03°25150”W. ALONG THE WESTERLY LINE OF SAID PARCEL FOR 1073.15 FEET; THENCE S.89°51'48”W. FOR 1145.24 FEET; THENCE S.00°08'12”E. FOR 250.00 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 35.18 ACRES, MORE OR LESS.
(SOUTH RESIDENTIAL)
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 34, TOWNSHIP 43 SOUTH, RANGE 24 EAST AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY OF U.S. 41 (STATE ROAD 45) (200 FEET WIDE) AND THE SOUTHERLY RIGHT-OF-WAY OF LITTLETON ROAD (50 FEET WIDE) THENCE 94.14 FEET ALONG THE WESTERLY RIGHT-OF-WAY AND ALONG THE. ARC OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 5829.58 FEET AND SUBTENDED BY A CHORD HAVING A LENGTH OF 94.14 FEET AND BEARING S.03°47'10”W. TO A POINT OF TANGENCY; THENCE S.03°25'50”W. ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR 2338.7 FEET TO THE SOUTHEASTERLY CORNER OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1972 AT PAGE 335 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE CONTINUE S.03°25'50”W. ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR 728.95 FEET TO THE NORTHEAST CORNER OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2113 AT PAGE 1590 OF SAID PUBLIC RECORDS, ALSO BEING THE NORTHEAST CORNER OF MERCHANTS CROSSING, A SUBDIVISION RECORDED IN PLAT BOOK 52 AT PAGES 37 THROUGH 47 OF SAID PUBLIC RECORDS; THENCE N.86°34'10”W. ALONG THE NORTH LINE OF SAID PARCEL AND SAID SUBDIVISION FOR 616.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.86°34'10”W. ALONG SAID NORTHERLY LINE FOR 33.50 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE S.48°25'48”W. ALONG THE WESTERLY LINE OF SAID PARCEL AND SAID SUBDIVISION FOR 212.13 FEET; THENCE S.03°25'50”W. ALONG THE WESTERLY LINE OF SAID PARCEL AND SAID SUBDIVISION FOR 100.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL AND TO THE SOUTH LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2389 AT PAGE 1936 OF SAID PUBLIC RECORDS; THENCE N.86°34'10”W. ALONG THE SOUTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2389 AT PAGE 1936 AND THE NORTHERLY LINE OF SAID SUBDIVISION FOR 747.11 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF A DRAINAGE EASEMENT (50 FEET WIDE) DESCRIBED IN DEED BOOK 237 AT PAGES 564 AND 565 OF SAID PUBLIC RECORDS; THENCE N.28°32'51”W. ALONG THE NORTHEASTERLY LINE OF SAID DRAINAGE EASEMENT FOR 66639 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF DIPLOMAT PARKWAY (100 FEET WIDE) AS DESCRIBED IN OFFICIAL RECORDS BOOK 2833 AT PAGE 4156 OF SAID PUBLIC RECORDS; THENCE N 89°51'48”E. ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE FOR 765.84 FEET; THENCE S.00°08'12”E. FOR 186.04 FEET; THENCE N.59°04135”E. FOR 185.65 FEET; THENCE S.76°11'27”E. FOR 125.61 FEET; THENCE S.41°41'10”E. FOR 153.30 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2833 AT PAGE 4156 OF SAID PUBLIC RECORDS; THENCE S.00°08'12”E. ALONG THE WESTERLY LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2833 AT PAGE 4156 FOR 38.64 FEET TO THE BEGINNING OF A CURVE. TO THE LEFT HAVING A RADIUS OF 120.00 FEET; THENCE SOUTHEASTERLY ALONG SAID WESTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 86°2524” FOR 181.00 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 12.47 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE WESTERLY RIGHT-OF-WAY OF U.S. 41 (STATE ROAD 45) AS BEARING S.03°25'50”W.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD.
together with all improvements, tenements, hereditaments and appurtenances pertaining thereto.
Personal Property
All of Debtor's right, title, and interest in personal property and fixtures now or hereafter located on, at, in, under, or above that certain real property in Lee County, Florida legally described on attached Exhibit A-1 (the “property”), or used in conjunction with the property, including the following, now owned or hereafter acquired by Debtor or in which Debtor has or may hereafter acquire an interest, whether now existing or hereafter arising, and all proceeds and products thereof:
a. all inventory, as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; b. all equipment as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; c. all fixtures, as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida if applicable to fixtures or by Florida law to the extent fixtures are non-non code property in Florida; d. all accounts, as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; e. all deposit accounts, as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; f. all investment property as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; g. all instruments as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; h. all documents as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; i. all chattel paper as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; j. all general intangibles as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; k. all supporting obligations as that term is now or hereafter defined by the Uniform Commercial Code as enacted in Florida; I. all returned or repossessed goods arising from or relating to any accounts or chattel paper as those terms are now or hereafter defined by the Uniform Commercial Code as enacted in Florida; m. all substitutes and replacements for, accessions, attachments, and other additions to, any of the foregoing and all products or masses into which any goods are physically united such that their identity is lost; n. all certificates of title and certificates of origin or manufacturers statements of origin relating to any of the foregoing; o. all property similar to any of the foregoing hereafter acquired by the Debtor; p. all ledger sheets, files, records, documents, instruments, and other books and records (including computer programs, tapes, and related electronic data processing software) evidencing an interest in any of the foregoing property; and q. any cash proceeds of any of the foregoing property.
All Debtor's right, title, and interest in and to, account #8042029085 with Secured Party and all additions, increases, renewals, proceeds, or replacements thereof arising by any means, including interest and additional deposits (all of the foregoing collectively referred to as the “Account”).
The property aforesaid, together with all improvements, buildings, fixtures, tenements, hereditaments and appurtenances thereto belonging, or in anywise appertaining, is being sold to satisfy BB&T's claims under said Judgment.
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.
DATED this 22 day of October, 2013.
LINDA DOGGETT
Clerk of the Circuit Court
(SEAL) By M. Parker
Deputy Clerk
JOHN M. BRENNAN, ESQ.
GrayRobinson, P.A.
Post Office Box 3068,
Orlando, Florida 32802-3068
(Attorneys for Plaintiff, BB&T)
November 1, 8, 2013 13-05546L