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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. 11-CA-050067
MULTIBANK 2009-1 CRE
VENTURE, LLC, a Delaware limited liability company,
Plaintiff, v.
J & S LAKESIDE MARINE, INC., a Florida corporation, JST PROPERTIES, LLC, a Florida limited liability company, JEFFREY S. THOMAS, an individual, PINE RIDGE COMMERCE CENTER CONDOMINIUM ASSOCIATION, INC., a Florida non-profit
corporation,
Defendants.
NOTICE IS HEREBY GIVEN that, the undersigned Clerk of the Circuit Court of Lee County, Florida, will, on the 9 day of July, 2014, 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 Final Judgment of Foreclosure filed in the above-styled action on March 4, 2014, the following described property in Lee County, Florida:
See Exhibit “1”
Property Description
EXHIBIT”1”
(Property Description)
All 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:
UNITS 205 AND 207, PINE RIDGE COMMERCE CENTER, A CONDOMINIUM ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORD BOOK 4456, PAGE 244, AND AS AMENDED, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, TOGETHER WITH AN UNDIVIDED INTEREST IN THE COMMON ELEMENTS APPURTENANT THERETO.
TOGETHER WITH all property described on 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 in 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 forgoing, 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, ranges, furnaces, oil burners or escalators, 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, heretofor 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 12 day of May, 2014.
LINDA DOGGETT
(SEAL) S. Hughes
Clerk of Court
By Deputy Clerk
Ronald M. Rosengarten, Esq.
Greenberg Traurig, P.A.
333 Avenue of the Americas,
Suite 4400
Miami, Florida 33131
May 16, 23, 2014 14-02273L