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FIRST INSERTION
NOTICE OF SALE
in the circuit court of the
twentieth judicial circuit, in and for LEE county, FLorida
GENERAL JURISDICTION DIVISION
Case No. 10-CA-060175
MULTIBANK 2009-1 CRE VENTURE, LLC, a Delaware limited liability company,
Plaintiff, v.
GRAN & EGG, LLC, a Florida limited liability company, SOUTHWEST MARINE SALVAGE, INC, a Florida corporation, ANN E. PETERSON, an individual, GREGORY PETERSON, an individual, and the ADMINISTRATOR of the SMALL BUSINESS ADMINISTRATION, an agency of the United States Government,
Defendants.
NOTICE IS HEREBY GIVEN that, the undersigned Clerk of the Circuit Court of Lee County, Florida, will, on the 11 day of October, 2013, at 9:00 a.m., sell to the highest bidder for cash at www.lee.realforeclose.com, the Clerk's website for on-line auctions, in accordance with the Corrected Final Judgment of Foreclosure filed in the above-styled action on September 11, 2013, the following described property in Lee County, Florida:
See Exhibit “1”
Property Description
Exhibit “1”
(Property Description)
Note: The term “Debtor” shall mean Defendant Gran & Egg, LLC and the term “Mortgagee” shall mean Plaintiff Multibank 2009-1 CRE Venture, LLC.
All of Debtor's right, title and interest in and to the following described land (the “Real Property”), and the buildings, structures, fixtures and other improvements now or hereafter located thereon:
Lot 5, Plat of Benchmark Corporate Park Phase I, according to the Plat recorded in Plat Book 42, pages 59 through 64 of the Public Records of Lee County, Florida.
TOGETHER WITH all the property described in Exhibit “A” attached hereto.
EXHIBIT “A”
(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 is attached UCC or Security Agreement or other document, (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; lifting; cleaning; fire prevention; fire extinguishing; refrigeration; ventilating and communications apparatus; boilers; rangers; furnaces; oil burners or escalatorrs, 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 Debtor's 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 leases 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, taking 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 nor 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 of 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 land 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 affiliate 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.
Any person or entity claiming an interest in the surplus, if any, resulting from the foreclosure sale, other than the property owner, as of the date of the Lis Pendens must file a claim on same with the Clerk of the Court within 60 days after the foreclosure sale.
Witness my hand and official seal of said court this 11 day of September, 2013.
LINDA DOGGETT
LEE CO. CLERK OF
CIRCUIT COURT
(Court Seal) M. Parker
Clerk of Court
By Deputy Clerk
Ronald M. Rosengarten, Esq.
Greenberg Traurig, P.A.
333 Avenue of the Americas,
Suite 4400
Miami, Florida 33131
September 20, 27, 2013 13-04810L