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FIRST INSERTION
NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE COUNTY COURT IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 13-002188 CC
SAN SIMEON PHASE I RESIDENTS' ASSOCIATION, INC., a Florida not-for-profit corporation,
Plaintiff, vs.
MARK COLLINS, and ANA COLLINS,
Defendants,
NOTICE IS HEREBY GIVEN, pursuant to a Final Summary Judgment of Foreclosure dated April 8, 2014, and entered in Case No. 13-002188 CC of the County in and for Lee County, Florida, wherein SAN SIMEON PHASE I RESIDENTS' ASSOCIATION, INC., is the Plaintiff and MARK COLLINS, and ANA COLLINS are the Defendants, I will sell to the highest and best bidder for cash on-line at www.lee.realforeclose.com at 9:00 AM on May 8, 2014, the following described property as set forth in said Final Judgment, to wit:
Lot 17, of SAN SIMEON PHASE 1, according to the Plat thereof recorded under Instrument #2005000084958 of the Public Records of Lee County, Florida.
*See Exhibit A ( pages) attached hereto and made a part of.
a/k/a: 3836 Cherrybrook Loop, Fort Myers, FL 33966
EXHIBIT “A”
Investor Prohibitions
Deed Restrictions to be recorded as an Exhibit to the Deed
EXHIBIT “ ___ “ TO DEED
DEED RESTRICTION
OCCUPANCY PERIOD AND USE OF THE PROPERTY
As a material consideration inducing the grantor under the attached deed (“Seller”) to seek the grantee under such deed (“Purchase”) that certain real property described in this Deed (the “Lot”), Purchaser has represented to Seller that Purchase intends to own the Lot for a period of at least twelve (12) month after Purchaser's acquisition of the Lot (the “Occupancy Period”). Seller and Purchaser have entered into a separate unrecorded agreement (the “Agreement”) pursuant to which Purchaser has agreed not to sell the Lot for the duration of the Occupancy Period. This Deed Restriction is to put third parties on notice of such commitments by Purchaser, and Seller's rights upon a breach of such commitment by Purchaser, as provided in the Agreement and nothing contained in this Deed Restriction shall, or shall be deemed to modify or amend the Agreement in any respect. In the event if any conflict between the provisions of the Agreement and the provision of the Deed Restirction, the provisions of the Agreement shall prevail. Notwithstanding the foregoing, this Deed Restriction includes certain mortgagee protections which shall be in addition to, and shall not be superseded by, the mortgagee protections in the Agreement.
Purchaser acknowledges that Seller, as a developer and builder of single family and multi-family residences, has an interest in ensuring that such residences, and the communities in which they are built, including the Lot and the community which the Lot is a part (such community being referred to herein as the “Community” or the “Benefited Property”) are purchased in order to obtain a stabilized community of and to mitigate a shortage of available homes for permanent residents.
1. Owner Covenants. Purchaser on behalf of itself and its successors and assigns, hereby covenants to and for the benefit of Seller, that during the Occupancy Period, Purchaser shall not enter into any agreement for the sale of other transfer of the Lot which would result in Purchaser's failure to hold title thereto in fee simple for the duration of the Occupancy Period.
2. Permitted Transfers: Hardship Exceptions.
(a) Permitted Transfers. The following transfers (“Permitted Transfers”) of title to the Lot, or any estate or interest therein shall not constitute a breach to the foregoing covenants, provided, however, this Deed Restriction and the Agreement shall continue to burden the Lot following such conveyances for the duration of the Occupancy Period: (a) a good-faith transfer by gift, devise or inheritance to Purchaser's spouse or issue, (b) a taking of title by a surviving joint tenant, (c) a court-ordered transfer of title to a spouse as part of a divorce or dissolution proceeding, (d) a transfer by Purchaser to an inter vivos trust in which Purchaser is a beneficiary, or (e) an acquisition of title, or of any interest therein, in conjunction with marriage.
(b) Hardship Exceptions. Nothwithstanding the restrictions on transfer referenced above, Seller recognizes that a transfer of the Lot may be desirable in certain circumstances and Seller may, in its sole and absolute discretion, decided on a case-by-case basis, consent to a transfer of the Lot during the Occupancy Period. Furthermore, Seller shall not unreasonably withhold its consent to a transfer in the following instances:
(i) A transfer necessitated by the death of Purchaser or Purchaser's spouse;
(ii) A transfer by Purchaser to Purchaser's spouse as co-owner;
(iii) A transfer, conveyance, pledge, assignment or other hypothecation to secure the performance of an obligation, which transfer, conveyance, pledge, assignment, or hypothecation will be released or reconveyed upon the completion of such performance;
(iv) A transfer in connection with a significant negative change in the financial circumstances of Purchaser from Purchaser's financial circumstances when Purchaser acquired the Lot, as evidenced by documentation reasonably acceptable to Seller;
(v) A transfer necessitated by a medical condition of Purchaser or another person living with Purchaser for whom Purchaser is the primary caretaker, as evidenced by documentation reasonably acceptable to Seller;
(vi) A transfer in connection with a temporary (more than 6 months) or permanent employment related relocation of Purchaser or Purchaser's spouse, as evidenced by documentation reasonably acceptable to Seller;
In the event that fee title to any portion of the Benefitted Property is or has been conveyed by Seller to a third party (a “Transferred Parcel”), the terms of this instrument shall cease to benefit said Transferred Parcel unless Seller assigns passing to the transferee of the Transferred Parcel the benefits of all or a portion of the covenants contained herein, either concurrently with conveyance of the Transferred Parcel or at any time thereafter. In either case by recorded assignment document executed by Seller and specifically referencing this Instrument (general references to appurtanances or rights related to the acquired land will not suffice). Seller and upon recordation of any such assignment executed by Seller in favor of a specific successor to the benefits hereof (a “Benefits Successor”), the Benefits Successor, and their successors alone shall have the right to enforce the terms of this Deed Restriction and the Agreement and to recover for violations by Seller hereunder. Any merger of Seller or Seller's parent company with or into another entity or any acquisition of all or a portion of the stock, or equity of Seller or Seller's parent company by a third party will not be deemed a conveyance of the Benefitted Lot triggering the applicability of this paragraph.
In witness whereof, Purchaser has entered into this Deed Restriction as of the day and year this Deed is recorded.
Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of lis pendens must file a claim within 60 days after the sale.
Dated on April 8, 2014.
LINDA DOGGETT
LEE CO. CLERK
OF CIRCUIT COURT
(SEAL) By: M. Parker
Deputy Clerk
BROUGH, CHADROW &
LEVINE, P.A.
Attorneys for Plaintiff
1900 N. Commerce Parkway
Weston, FL 33326
Tel: (954) 384-0732
Fax: (954) 384-0846
E-Mail: [email protected]
230.0108
April 18, 25, 2014 14-01768L