14-01013C

FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR
COLLIER COUNTY, FLORIDA
CASE NO.: 13-CA-803
JUDGE: LAUREN L. BRODIE
PROTECTIVE LIFE INSURANCE COMPANY, etc.,
Plaintiff, vs.
SOUTHERN DEVELOPMENT CO., INC., etc., et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Summary Final Judgment of Foreclosure dated March 20, 2014 that the undersigned, Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida, will, on the 28 day of April, 2014 at 11:00 a.m. at the Collier County Courthouse Annex, Third Floor Lobby, 3315 Tamiami Trail East, Naples, FL 34112, offer for sale and sell at public outcry to the highest and best bidder for cash the following described real property situate in Collier County, Florida, to wit:
A portion of North 1/2 of Section 3, Township 51 South, Range 26 East, Collier County, Florida, and more particularly described as follows:
PHASE 1:
FROM THE EAST QUARTER CORNER OF SECTION 3 RUN WITH SECTION LINE SOUTH 0°41'31” WEST, A DISTANCE OF 612.57 FEET; THENCE NORTH 89°18'29” WEST, A DISTANCE OF 722.35 FEET TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF A COUNTY DRAINAGE CANAL WITH THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD #90 (TAMIAMI TRAIL); THENCE WITH SAID TRAIL RIGHT-OF-WAY LINE NORTH 54°20'16” WEST, A DISTANCE OF 1547.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WITH THE TRAIL RIGHT-OF-WAY LINE NORTH 54°20'16” WEST, A DISTANCE OF 545 FEET; THENCE NORTH 35°39'44” EAST A DISTANCE OF 400.00 FEET; THENCE SOUTH 54°20'16” EAST, A DISTANCE OF 545 FEET; THENCE SOUTH 35°39'44” WEST, A DISTANCE OF 400.0 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
Improvements: all buildings, structures and other improvements now or hereafter existing, erected or placed on the Land, or in any way used in connection with the use, enjoyment, occupancy or operation of the Land or any portion thereof; all fixtures and other articles of every kind and nature whatsoever now or hereafter owned by Borrower and used or procured for use in connection with the operation and maintenance of the Realty or Personalty.
AND
All estate, title, interests, title, reversion rights, rents, increases, issues, profits, rights of way or uses, additions, accretions, servitudes, gaps, gores, liberties, privileges, water rights, water courses, alleys, streets, passages, ways, vaults, adjoining strips of ground, licenses, tenements, franchises, hereditaments, rights, appurtenances and easements, now or hereafter owned by Borrower and existing, belonging or appertaining to the Land, all claims or demands whatsoever of Borrower therein or thereto, either in law or in equity, in possession or in expectancy and all estate, right, title and interest of Borrower in and to all streets, roads and public places opened or proposed, now or appertaining to, the Land.
AND
Personalty: all of Borrower's interest in the personal property of any kind or nature whatsoever, whether tangible or intangible, whether or not any of such personal property is now or becomes a “fixture” or attached to the Realty, which is used or will be used in the construction of or is or will be placed upon, or is derived from or used in connection with, the maintenance, use, occupancy or enjoyment of the Realty, including, without limitation, all accounts, documents, instruments, chattel paper (including electronic chattel paper and tangible chattel paper), general intangibles (including payment intangibles and software), good (including consumer goods, inventory, equipment and farm products), letter-of-credit rights and deposit accounts (as those terms are defined in the Uniform Commercial Code as now adopted or amended from time to time in the State), all plans and specifications, contracts and subcontracts for the construction, reconstruction or repair of the Improvements, bonds, permits, licenses, guarantees, warranties, causes of action, judgments, claims, profits, rents, security deposits, utility deposits, refunds of fees or deposits paid to any governmental authority, letters of credit, policies and proceeds of insurance, motor vehicles and aircraft, together with all present and future attachments, accretions, accessions, replacements and additions thereto and products and proceeds thereof.
AND
(a) All Lenses;
(b) All profits and sales proceeds, including, without limitation, earnest money and other deposits, now or hereafter becoming due by virtue of any contract or contracts for the sale of Borrower's interest in the Property;
(c) All proceeds (including claims therein or demands therefor) of the conversion, voluntary or involuntary, permitted or otherwise, of any of the foregoing into cash or liquidated claims; and
(d) All Insurance Proceeds and all Taking Proceeds.
All interest of Debtor, whether now owned or hereafter acquired, in the rights, interests and personal property (collectively referred to as the “personal property”) of any kind or nature whatsoever, whether tangible or intangible, whether or not any of such personal property is now or becomes a “fixture” or attached to the real estate described in Exhibit A, which is used or will be used in the construction of, or is or will be placed upon, or is derived from or used in connection with, the maintenance, use, occupancy or enjoyment of the said real estate and any improvements located thereon, including, without limitation, all accounts, documents, instruments, chattel paper, equipment, general intangibles, inventory, all plans and specifications, contracts and subcontracts for the construction, reconstruction or repair of the improvements located on said real estate, bonds, permits, licenses, guarantees, warranties, causes of action, judgments, claims, profits, rents, security deposits, utility deposits, refunds of fees or deposits paid to any governmental authority, letters of credit, policies and proceeds of insurance, any award of payments or compensation payable on account of any condemnation or other taking for public or private use of the said real estate or any improvements located thereon, motor vehicles and aircraft, together with all present and future attachments, accretions, accessions, replacements and additions thereto and products and proceeds thereof.
All leases, license agreements and other occupancy or use agreements (whether oral or written), now or hereafter existing, which cover or relate to all or any portion of the said real estate together with all options therefor, amendments thereto and renewals, modifications and guarantees thereof, and all rents, royalties, issues, profits, revenue, income and other benefits of the said real estate and improvements thereon arising from the use or enjoyment thereof or from any leases, including, without limitation, cash or securities deposited thereunder to secure performance by the tenants of their obligations thereunder, whether said cash or securities are to be held until the expiration of the terms of the said leases or applied to one or more of the installments of rent coming due.
All profits and sales proceeds, including, without limitation, earnest money and other deposits, now or hereafter becoming due by virtue of any contract and contracts for the sale of any interest of Debtor in the said real estate or improvement located thereon; and
All property in which a security interest may be created pursuant to the Uniform Commercial Code (or any similar laws) of the state in which the real estate described in Exhibit A is located, including (inter alia) all fructus naturales, fructus civiles, and fructus industriales.
Without limiting the foregoing, all fixtures, machinery, equipment, office equipment and machines, inventory, farm products, vehicles and conveyances (including, without limitation, tractors, mowers, sweepers, snow removers, and other similar equipment), construction materials, building supplies, and articles of personal property (whether or not actually located on the real estate); including, but not limited to: heating, ventilating, humidifying and dehumidifying, air conditioning, laundry (including, without limitation, washers and dryers), incinerating, safety, power, plumbing, cleaning, fire prevention and fire extinguishing, and communications supplies, equipment, systems, and apparatus, lamps, chandeliers, and other lighting equipment and fixtures, vacuum cleaning system, furnaces, boilers, radiators, piping, and coal stokers, plumbing and bathroom fixtures, sprinkler and alarm systems, washtubs, tanks, sinks, gas and electric fixtures, awnings, screens, window shades, storm doors and windows, ducts and compressors, rugs, carpet and other floor coverings, shades and draperies, partitions, elevators, escalators, pumps, motors, engines, conduits, dynamos, refrigerators, stoves, ranges, freezers, incinerators, kitchen equipment and appliances, and all other appliances and fittings, cabinets, shelving and lockers, plants, shrubbery and all landscaping and planting materials, and indoor and outdoor furniture and furnishings; all logos, trademarks, trade names, service marks, good will, and similar property; all books and records, statements of account, operating statements, periodic reports, balance sheets, profit and loss statements, financial statements, check books, deposit receipts, and all other business and financial records and statements of all kinds; all computer time, computer runs, computer software and services, computer programs, computer apparatus and computer hardware; all televisions, radios, receivers, recorders, cables, lines, apparatus and equipment of all kinds.
All personalty and other property described in the mortgage and security agreement or deed of trust and security agreement or deed to secure debt and security agreement executed by the Debtor in favor of or for the benefit of Secured Party.
All proceeds (including claims thereto or demands therefor) of the conversion, voluntary or involuntary, permitted or otherwise, of any of the foregoing into cash or liquidated claims.
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 Charles Rice, 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 3 day of April, 2014.
DWIGHT E. BROCK
Clerk of Court
By: Gina Burgos
Deputy Clerk
Crary Buchanan, P.A.
759 SW Federal Highway, Suite 106
P.O. Drawer 24 (34995)
Stuart, Fl. 34994
(772) 287-2600
00158030-1
April 11, 18, 2014 14-01013C

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