15-02299L

NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
UCN:
362014CA051054A001CH
Clerk Case #: 14-CA-051054
MULTIBANK 2009-1 CRE VENTURE, LLC, a Delaware limited liability company,
Plaintiff, vs.
CAPITAL PROPERTIES GROUP, INC., a Florida corporation, directly and as Trustee of CAPITAL PROPERTIES GROUP 1639 LAND
TRUST, a Florida Land Trust, KENNETH D. RAGER, an individual; and CYNTHIA A. RAGER, an individual,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure dated May 11, 2015, (the “Judgment”), entered in Civil Case No. 14-CA-051054 in the Circuit Court in and for Lee County, Florida, wherein is MULTIBANK 2009-1 CRE VENTURE, LLC, a Delaware limited liability company, is Plaintiff, and CAPITAL PROPERTIES GROUP, INC., a Florida corporation, directly and as Trustee of CAPITAL PROPERTIES GROUP 1639 LAND TRUST, a Florida Land Trust, KENNETH D. RAGER, an individual; and CYNTHIA A. RAGER, an individual, are Defendants.
I will sell the Property at a Public Sale to the “highest bidder,” for cash, on July 16, 2015, in an online public sale through www.lee.realforeclose.com at 9:00 a.m., except as herein before set forth, in accordance with Fla.Stat. §45.031 and the Final Judgment of Foreclosure. Said sale will be made pursuant to and in order to satisfy the terms of the Final Judgment of Foreclosure.
The “highest bidder” for purposes of this Notice of Sale, is defined as the party who bids the largest amount of money to purchase the Property and who completes the sale in a timely fashion, as hereinafter set out. The one who bids the largest amount of money to purchase the Property shall be permitted to complete the sale by delivering to the Clerk, the balance of such bid, over and above the deposit, by 4:00 p.m. on the following business day.
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.
The following Property located in Lee County, Florida:
See attached Exhibit “1”
Exhibit “1”
(1 As defined in the Mortgage and Security Agreement recorded in the Public Records of Lee County, Florida, Instrument No. 2008000127332.)
THE MORTGAGED PROPERTY

(A) THE LAND: All the land located in the Lee County, Florida, described in Exhibit A attached hereto and incorporated herein and made a part hereof (“Land”), together with all mineral, oil and gas rights appurtenant to said Land, and all shrubbery, trees and crops now growing or hereafter grown upon said Land.

(B) THE IMPROVEMENTS: (i) All the buildings, structures and improvements of every nature whatsoever now or hereafter situated on said Land, and (ii) all fixtures, machinery, appliances, equipment, furniture and personal property of every nature whatsoever now or hereafter owned by the Mortgagor 1 and located in or on, or attached to, and used or intended to be used in connection with or with the operation of, said Land, buildings, structures or other
improvements, or in connection with any construction being conducted or which may be conducted thereon, and owned by Mortgagor, and all extensions, additions, improvements, betterments, renewals, substitutions and replacements to any of the foregoing, and all of the right, title and interest of the Mortgagor in and to any said personal property or fixtures, which, to the fullest extent permitted by law, shall be conclusively deemed fixtures and a part of the real property encumbered hereby (hereinafter called the “Improvements”).

(C) EASEMENTS: All easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, water courses, water rights and powers, and all appurtenances whatsoever, in any way belonging, relating or appertaining to any of the mortgaged property described in Sections (A) and (B) hereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Mortgagor.

(D) TOGETHER WITH (i) all the estate, right, title and interest of the Mortgagor of, in and to all judgments, insurance proceeds, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the mortgaged property described in Sections (A), (B) and (C) hereof or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the mortgaged property described in Sections (A), (B) and (C) hereof or any part thereof, or to any rights appurtenant thereto, and all proceeds of any sales or other dispositions of the mortgaged property described in Sections (A), (B) and (C) hereof or any part thereof; and the Mortgagee is hereby authorized to collect and receive said awards and proceeds and to give proper receipts and acquittances therefor, and (if it so elects) to apply the same toward the payment of the indebtedness and other sums secured hereby, notwithstanding the fact that the amount owing thereon may not then be due and payable; and (ii) all contract rights (including, without limitation, all rights of Mortgagor in and to any and all contracts relating to management, maintenance and security of and for said Land and the Improvements), general intangibles, actions and rights in action, including, without limitation, all rights to insurance proceeds and unearned premiums arising from or relating to the mortgaged property described in Sections (A), (B) and (C) above; and (iii) all proceeds, products, replacements, additions, substitutions, renewals and accessions of and to the mortgaged property described in Sections (A), (B) and (C).


(E) TOGETHER WITH all rents, income, accounts receivable and other benefits to which the Mortgagor may now or hereafter be entitled from the mortgaged property described in Sections (A), (B) and (C) hereof to be applied against the indebtedness and other sums secured hereby; provided, however, that permission is hereby given to the Mortgagor, so long as no Event of Default has occurred hereunder, to collect and use said rents, income, accounts receivable and other benefits as they become due and payable, but not in advance thereof. Upon the occurrence of any such Event of Default, the permission hereby given to the Mortgagor to collect said rents, income, accounts receivable and other benefits from the mortgaged property described in Sections (A), (B) and (C) hereof shall terminate and such permission shall not be reinstated upon a cure of such Event of Default without the Mortgagee's specific written consent.

The foregoing provisions hereof shall constitute an absolute and present assignment of the rents, income, accounts receivable and other benefits from the mortgaged property described in (A), (B) and (C) above, subject, however, to the conditional permission given to the Mortgagor to collect and use such rents, income, accounts receivable and other benefits as hereinabove provided; and the existence or exercise of such right of the Mortgagor shall not operate to subordinate this assignment to any subsequent assignment, in whole or in part, by the Mortgagor, and any such subsequent assignment by the Mortgagor shall be subject to the rights of the Mortgagee hereunder.

(F) TOGETHER WITH (i) all right, title and interest of the Mortgagor in and to any and all contracts for sale and purchase of all or any part of the property described in paragraphs (A), (B) and (C) hereof, and any down payments, earnest money deposits or other sums paid or deposited in connection therewith; and (ii) all right, title and interest of Mortgagor in and to any and all leases now or hereafter on or affecting the mortgaged property described in Sections (A),
(B) and (C) hereof, together with all security therefor and all monies payable thereunder, including, without limitation, tenant security deposits, and all books and records which contain information pertaining to payments made under the leases and security therefor, subject, however, to the conditional permission hereinabove given to the Mortgagor to collect the rents, income and other benefits arising under any such lease. The Mortgagee shall have the right, at any time and from time to time, to notify any lessee of the rights of the Mortgagee as provided by this Section.

(G) TOGETHER WITH (i) the Mortgagor's rights further to encumber the mortgaged property described in Sections (A), (B) and (C) above for debt and (ii) all of the Mortgagor's rights to enter into any lease or lease agreement.
All of the mortgaged property described in Sections (A), (B), (C), (D), (E), (F) and (G) above, and each item of mortgaged property described therein, is herein referred to as “THE MORTGAGED PROPERTY.”

Exhibit A
(Legal Description)
Lots 17 and 18, Block 66, Cape Coral Subdivision, Unit 6, Part 5, according to the map or Plat thereof as recorded in Plat Book 14, Page(s) 56, Public Records of Lee County, Florida.

Exhibit B

NONE.
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 on MAY 26 2015
Linda Doggert
Clerk of the Circuit Court
(Seal) By: S. Hughes
Deputy Clerk
Irene A Bassel Frick
Primary Email:
[email protected]
Secondary Email:
[email protected]
John L. Dicks, II
Primary Email:
[email protected]
Secondary Email:
[email protected]
401 E. Jackson Street, Suite 1700
Tampa, Florida 33602
Attorneys for Plaintiff, Multibank 2009-1 CRE Venture, LLC
June 26; July 3, 2015 15-02299L

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