-
-
Loading
Loading
FIRST INSERTION
AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT, TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA
CASE NO.: 11-CA-050614
EVERBANK, a federal savings bank,
Plaintiff, vs.
CORKSCREW 303, LLC, a Florida limited liability company, JOSEPH E. D'JAMOOS, an individual, KENT E. WITZEL, an individual, CORKSCREW PALMS, LLC, a Florida limited liability company, THE D'JAMOOS GROUP, LTD, a Florida limited partnership, JOSEPH E. D'JAMOOS, AS TRUSTEE OF THE JOSEPH E. D'JAMOOS SECOND AMENDED AND RESTATED REVOCABLE TRUST U/A/D MAY 23, 2003, CORKSCREW PALMS CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation, and
TAYLOR WOODROW
HOMES-SOUTHWEST FLORIDA DIVISION, LLC, a Florida limited liability company,
Defendants.
Notice is hereby given that, pursuant to a Partial Summary Judgment of Foreclosure as to Count I in the above-captioned action, I will sell the property situated in Lee County, Florida, described as follows:
SEE EXHIBITS “A”
ATTACHED HERETO.
EXHIBIT A
UNIT NO. 101, BUILDING 303, PHASE 4 AND UNIT NO. 201, BUILDING 201, PHASE 5 CORKSCREW PALMS, A CONDOMINIUM ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS BOOK 4042, PAGE 4046, AS AMENDED BY AMENDMENT TO DECLARATION OF CONDOMINIUM UNDER INSTRUMENT NO. 2006000447661 AND INSTRUMENT NO. 2006000447662 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AND ALL AMENDMENTS THERETO, TOGETHER WITH ITS UNDIVIDED SHARE IN THE COMMON ELEMENTS.
TOGETHER WITH:
(A) The real property (the “property”) described Unit 1, Building 303, Phase 4 and Unit 201, Building 201, Phase 5 CORKSCREW PALMS, a Condominium according to the Declaration of Condominium thereof as recorded in Official Records Book 4042, Page 4046, and subsequent amendments thereto, of the Public records of Lee County, and all minerals, oil, gas and other hydrocarbon substances on the property, as well as all development rights, air rights, water and water rights relating to the property.
(B) All present and future structures, buildings, improvements, all appurtenances, fixtures and furniture of any kind on the property, including but limited to apparatus, equipment and appliances used in connection with the operation or occupancy of the property, such as heating and air-conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, laundry, drying, dishwashing, garbage disposal, recreation or other services on the property, and all window coverings, drapes and rods, carpeting and floor coverings, it being intended and agreed that all such items will be conclusively considered to be a part of the real property encumbered by this Financing Statement, whether or not attached or affixed to the property (the ''Improvements”).
(C) All appurtenances of the property and all rights of the Debtor in and to any street, roads or public places, easements or rights of way, relating to the property.
(D) All of the rents, royalties, profits and income of the property, and all rights of the Debtor under all present and future leases affecting the property, including but not limited to any security deposits.
(E) All proceeds and claims arising on account of any damage to or taking of the property or any Improvements thereon or any part thereof, and all causes of action and recoveries for any loss or diminution in the value of the property or any Improvements.
The Debtor also hereby grants to the Secured Party a security interest in all of the following described property, whether now or hereafter existing, and in which the Debtor now has or hereafter obtains any right, title, estate or interest; ·
(F) All goods located on the property and used in the operation or occupancy of the property or in any construction on the property but which are not effectively made real property under Clause (B) above, including but not limited to all appliances, furniture and furnishings, building service equipment, and building materials, supplies and equipment;
(G) All general intangibles relating to the development or use of the property, including but not limited to all governmental permits relating to construction on the property, all names under or by which the property or any Improvements on the property may be at any time be operated or know, and all rights to carry on business under any such names or any variant thereof, and all trademarks and goodwill in any way relating to the property; and
(H) All shares of stock or other evidence of ownership of any part of the property that is owned by the Debtor in common with others, and all documents of membership in any owners' or members' association or similar group having responsibility for managing or operating any part of the property.
Real Property located at:
9401 & 9470 CORKSCREW PALMS Circle, ESTERO, FL 33928
Whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
at public sale, to the highest and best bidder for cash, at www.lee.realforeclose.com, on the 10 day of March, 2014, Beginning 9:00 AM at www.lee.realforeclose.com in accordance with chapter 45 Florida Statutes, pursuant to the terms of the Partial Summary Judgment of Foreclosure as to Count I and in accordance with Section 45.031, Florida Statutes.
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 14 day of January, 2014.
LINDA DOGGETT
CLERK OF THE CIRCUIT COURT
(SEAL) By: M. Parker
Deputy Clerk
James M. Riley, Esq.
Rogers Towers, P.A.
1301 Riverplace Blvd., Ste. 1500
Jacksonville, FL 32207
JAX1820289_1
January 24, 31, 2014 14-00399L