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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 DIVISION
Case No. 12-CA-056385
WELLS FARGO BANK, N.A., a national banking association,
Plaintiff, v.
HENRY ROTHENBERG, an individual; JO ANNE ROTHENBERG, an individual; FMB MEDICAL CENTER, INC., an inactive Florida corporation; JOHN DOE AS UNKNOWN TENANT; JOHN DOE AS UNKNOWN PARTY IN POSSESSION; and ANY AND ALL OTHERS CLAIMING BY, THROUGH OR UNDER SAID DEFENDANTS,
Defendants.
Notice is hereby given that, pursuant to the Final Judgment of Foreclosure as to Counts I and II of the Plaintiff's Complaint filed in this cause on September 20, 2013, the Clerk will sell the real and personal property situated in Lee County, Florida, described as:
Parcel 1
A tract or parcel of land being a part of Government Lot 1, Section 3, Township 47 South, Range 24 East, Estero Island, Lee County, Florida and described as follows:
Beginning at a concrete monument in the Easterly right of way line of Estero Boulevard (80 feet wide) known as State Road 865, which point is 300.0 feet, measured at right angles, South of the North line of said Government Lot 1; thence run South 17° 51' 30” East along said Easterly right of way line of Estero Boulevard for 120.00 feet; thence run East, parallel to the North line of said Government Lot 1 for 213.20 feet; thence North, at right angles for 114.22 feet; thence West parallel to and 300.0 feet, a measured at right angles, South of the North line of said Government Lot 1 for a distance of 250.0 feet to the Point of Beginning.
Parcel 2
A tract or parcel of land being a part of Government Lot 1, Section 3, Township 47 South, Range 24 East, Estero Island, Lee County, Florida and described as follows:
Commencing at a concrete monument in the Easterly right of way line of Estero Boulevard (80 feet wide) known as State Road 865, which point is 300.0 feet, measured at right angles, South of the North line of said Government Lot 1; thence run South 17° 51' 30” East along said Easterly right of way of Estero Boulevard for 120.0 feet to the Point of Beginning thence continue South 17° 51' 30” East 10.0 feet; thence run East, parallel to the North line of said Government Lot 1 for 210.13 feet; thence North at right angles for 9.52 feet; thence West 213.20 feet to the Point of Beginning.
Parcel 3
A tract or parcel of land being a part of Government Lot 1, Section 3, Township 47 South, Range 24 East, Estero Island, Lee County, Florida and described as follows:
Commencing at a concrete monument in the Easterly right of way line of Estero Boulevard (80 feet wide) known as State Road 865, which point is 300.0 feet, measured at right angles, South of the North line of said Government Lot 1; thence run East, parallel to and 300.0 feet South of the North line of said Government Lot 1 for 250.0 feet to a Point of Beginning; thence continue East 16.5 feet; thence run South at right angles for 123.74 feet; thence run West at right angles for 16.5 feet; thence run North at right angles for 123.74 feet to the Point of Beginning.
Together the personal property described on Exhibit “A” attached hereto.
(collectively, the “Property”)
EXHIBIT A
1. All structures and improvements now or hereafter on the real property described on Exhibit “A” attached hereto (“Real Property”).
2. All right, title and interest, of Borrower to the minerals, soils, flowers, shrubs, crops, trees, timber, emoluments and other products now or hereafter on, under or above the Real Property, or any part or parcel thereof.
3. All of Borrower's right, title, interest and privileges arising under all contracts, agreements, licenses, approvals, and permits entered into or obtained in connection with the development or operation of the Real Property, including by way of example and not in limitation: all development and construction permits, approvals, resolutions, variances, licenses, allocations and franchises granted by municipal, county, state, and federal governmental authorities, or any of their respective agencies; all architectural, engineering, and construction contracts; all drawings, plans, specifications and plats; and all contracts and agreements for the furnishing of utilities.
4. All of Borrower's interest in all utility security deposits or bonds now or hereafter deposited in connection with the Real Property.
5. All of Borrower's interest as lessor in and to all leases or rental arrangements now or hereafter affecting all or any part of the Real Property, all other rents and profits derived from the Real Property, and all income or proceeds from the development of or economic activity upon any part of the Real Property, together with any and all guaranties of such leases or rental arrangements, including all present and future security deposits and advance rentals, and any and all assignments of rent with respect to the Real Property or any part thereof.
6. All of Borrower's interest in and to any and all contracts and agreements for the sale of the Real Property, including but not limited to all of Borrower's interest in and right to earnest money deposits made upon such contracts and agreements;
7. All land improvements to and upon the Real Property, including water, sanitary, and storm sewer systems, and all related equipment and appurtenances thereto, whether now existing or hereafter located in, upon, over or under the Real Property, including but not limited to all water mains, service laterals, hydrants, valves and appurtenances, and all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
8. All machinery, apparatus, equipment, fittings, furniture, equipment, and fixtures, whether actually or constructively attached to the Real Property, and all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon, over or under the Real Property, or any part thereof, and used or usable in connection or any present or future operation or development of the Real Property, and now owned or hereafter acquired by Borrower, including by way of example and not in and now owned or hereafter acquired by Borrower; including by way of example and not in limitation: heating, air-conditioning, freezing, lighting, incinerating, and power equipment: engines, pipes, wells, water filtering systems and softening devices, water heaters, pumps, tanks and motors: conduits; switchboards; fire prevention, fire extinguishing, refrigerating, ventilating and communications systems and apparatus; security and fire alarm systems and apparatus; boilers, furnaces, oil burners, or units thereof; all electrical and plumbing systems, fixtures, equipment and installations; all furnishings, draperies, wall beds, attached cabinets, partitions, ducts and compressors, wall and floor coverings, blinds, elevators, escalators, and appliances, and all building materials and equipment now or hereafter delivered to the Real Property or stored at an off-site location which are intended to be installed on the Real Property.
9. All right, title and interest of Borrower in and to all unearned premiums accrued, accruing, or to accrue under any and all insurance policies now or hereafter existing which covers all or any portion of the Real Property; all proceeds or sums payable for the loss of or damage to all or any portion of the Real Property; all payments received under warranties applicable to all or any portion of the Real Property; and any other amounts received in satisfaction of claims for defects in such property.
10. All trade names, trademarks, and fictitious names used by Borrower in connection with the Real Property or any business operation or endeavor located thereon.
11. All awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise or the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Real Property.
at public sale, to the highest and best bidder, for cash, at 9:00 a.m., on the 21st day of October, 2013, via the Internet at www.lee.realforeclose.com.
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: SEP 24 2013
LINDA DOGGETT
CLERK OF CIRCUIT COURT
LEE COUNTY, FLORIDA
(SEAL) By: S. Hughes
Deputy Clerk
J. Martin Knaust, Esq.
Adams and Reese LLP
150 Second Avenue North, 17th Floor
St. Petersburg, FL 33701
Telephone: 727-502-8269
Facsimile: 727-502-8299
Attorneys for Plaintiff
31322962-1
October 4, 11, 2013 13-05060L