14-05334L

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 14-CA-050306
FRANKLIN ASSET GROUP, LP, a Delaware limited partnership,
Plaintiff, vs.
GEORGE H. BUHRTS; UNKNOWN SPOUSE OF GEORGE H. BUHRTS; COLONIAL PACIFIC LEASING F/K/A CITICORP VENDOR FINANCE, INC. F/K/A COPELCO CAPITAL, INC.; WELLS FARGO BANK, N.A.; SACOR FINANCIAL, INC.; FAIRWAY OFFICE CENTER OWNERS' ASSOCIATION, INC.; JOHN DOE OR ANY OTHER PERSON IN POSSESSION AS TO UNIT 1; JOHN DOE OR ANY OTHER PERSON IN POSSESSION AS TO UNIT 2; JOHN DOE OR ANY OTHER PERSON IN POSSESSION AS TO UNIT 3; and ALL UNKNOWN PARTIES CLAIMING, BY, THROUGH UNDER OR AGAINST THE NAMED DEFENDANTS, WHETHER LIVING OR NOT, AND WHETHER SAID UNKNOWN PARTIES CLAIMS AS HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, OR IN OTHER CAPACITY, CLAIMING BY, THROUGH UNDER OR AGAINST THE NAMED DEFENDANTS,
Defendants.
NOTICE IS GIVEN that pursuant to the Final Summary Judgment entered on the 4th day of August, 2014, in Civil Action No. 14-CA-50306, of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, in which GEORGE H. BUHRTS et al., are the Defendants, and FRANKLIN ASSET GROUP, LP is the Plaintiff, the clerk of said court will sell to the highest and best bidder for cash on December 24, 2014, beginning at 9:00 a.m. at www.lee.realforeclose.com, in accordance with Section 45.031, Florida Statutes, the following described real and personal property as set forth in the Final Summary Judgment in Lee County, Florida:
Real Property:
A portion of Lot 5, Block “A” of GATEWAY PHASE 5, according to the plat thereof recorded in Plat Book 45, at Pages 84 through 88, of the Public Records of Lee County Florida, being more particularly described as follows:
Commence at the Northeast corner of Lot 5, Block “A”, of GATEWAY PHASE 5, according to the plat thereof recorded in Plat Book 45, at Pages 84 through 88, of the Public Records of Lee County, Florida; thence run North 81º44'07” West, along the Northerly line of said Lot 5, for a distance of 74.67 feet; thence run North 80º04'35” West along the northerly line of said Lot 5, for a distance of 99.21 feet; thence run North 75º33'02” West, along the Northerly property line of said Lot 5, for distance of 20.41 feet; thence run South 14º26'58” West, for a distance of 25.56 feet to the Point of Beginning of the parcel of land herein described; thence run South 04º50'37” East, for distance of 54.79 feet; thence run South 85º08'31” West, for a distance of 31.20 feet; thence run South 04º51'29” East, for a distance of 4.00 feet; thence run South 85º13'00” West for a distance of 20.33 feet; then run North 04º46'07” West, for a distance of 4.00 feet; thence run South 85º13'53” West for a distance of 31.20 feet; thence run North 04º52'32” West, for a distance of 54.82 feet; thence run North 85º12'49” East, for a distance of 82.76 feet to the Point of Beginning.
Bearings refer to the Plat of GATEWAY PHASE 5, Plat Book 45, at pages 84 through 88, of the Public Records of Lee County, Florida.
Street address: 11922 Fairway Lakes Drive, Ft. Myers, FL 33913.

Personal Property:
All of Debtor's interest in the property, buildings, improvements, appurtenances, tangible property, rents, contract rights, other intangibles and secondary financing in any way belonging, relating or appertaining to a parcel of land described and set forth in Exhibit A attached hereto and made a part hereof (the “Land”), to wit: (a) Additional Land. All additional lands, estates and development rights hereafter acquired by Debtor for use in connection with the Land and the development of the Land: (b) Improvements. The buildings, structures, fixtures, additions, enlarge-ments, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the Improvements): (c) Easements. All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land living in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, courtesy and rights of courtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Debtor of, in and to the Land, and the improvements and every part and parcel thereof, with the appurtenances thereto: (d) Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to, all hearing, air conditioning, plumbing, lighting, communications and elevator fixtures) trade fixtures and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, including without limitation, letter of credit rights, deposit accounts, payment intangibles, investment property, electronic chattel, paper, timber to be cut and farm animals and, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the Personal Property), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the Uniform Commercial Code), superior in lien to the lien of this Security Instrument, and all proceeds and products of all of the above; (e) Leases and Rents. All leases, subleases and other agreements affecting the use, enjoyment or occupancy of the Land and/or the Improvements heretofore or hereafter entered into and all extensions, amendments and modifications thereto, whether before or after the filing by or against Debtor of any petition for relief under creditors rights laws (the Leases) and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, any guaranties of the lessees obligations thereunder, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, revenues, room revenues, accounts, accounts receivable, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements whether paid or accruing before or after the filing by or against Debtor of any petition for relief under the creditors rights laws (the Rents) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents; (f) Insurance Proceeds. All proceeds of any unearned premiums on any insurance policies covering the Land, Improvements and/or Personal Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage thereto; (g) Condemnation Awards. All awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Land or Improvements, whether from the exercise of the right of eminent domain (including, but not limited to any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Land or Improvements; (h) Tax Certiorari. All refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Land or Improvements as a result of tax certiorari or any applications or proceedings for reduction; (i) Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims; (j) Rights. The right, in the name and on behalf of Debtor, too appear in and defend any action or proceeding brought with respect to the Land, Improvements, Personal Property, Leases or Rents and to commence any action or proceeding to protect the interest of Secured Party therein; (k) Agreements. All agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any improvements or respecting any business or activity conducted on the Land and any part thereof and all right, title and interest of Debtor therein and thereunder; (l) Intangibles. All trade names, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles related to or used in connection with the operation of the Land and Improvements; (m) Cash and Accounts. All cash funds, deposit accounts and other rights and evidence of rights to cash, all present and future funds, accounts, instruments, accounts receivable, documents, causes of action, or claims now or hereafter held, created or otherwise capable of credit to the Debtor/Borrower; and (n) Other Rights. Any and all other rights of Debtor in and to the items set forth in Subsections (a) through (m) above.
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 21 day of November, 2014.
LINDA DOGGETT,
(SEAL) S. Hughes
Deputy Clerk, LEE COUNTY
Kimberly Davis Bocelli, Esq.
Attorney for Plaintiff
Roetzel & Andress, LPA
2320 First Street
Fort Myers, Florida 33901
239-337-3850
8826130 _1
Nov. 28; Dec. 5, 2014 14-05334L

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