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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION
CASE NO. 14-CA-051256
IBERIABANK, a Louisiana banking corporation, as successor in interest to ORION BANK,
Plaintiff, vs.
D.N.A. PROPERTIES, INC., a Florida Corporation, RICHARD NESLUND, LAURA A. KAISER, D.M.D, P.A., a Florida corporation,
UNKNOWN TENANT #1, UNKNOWN TENANT #2,
UNKNOWN TENANT #3, UNKNOWN TENANT #4,
UNKNOWN TENANT #5, UNKNOWN TENANT #6,
UNKNOWN TENANT #7, UNKNOWN TENANT #8,
UNKNOWN TENANT #9, UNKNOWN TENANT #10, UNKNOWN TENANT #11, UNKNOWN TENANT #12, UNKNOWN TENANT #13, UNKNOWN TENANT #14,
UNKNOWN TENANT #15, UNKNOWN TENANT #16,
UNKNOWN TENANT #17, UNKNOWN TENANT #18,
UNKNOWN TENANT #19, UNKNOWN TENANT #20,
UNKNOWN TENANT #21, UNKNOWN TENANT #22,
UNKNOWN TENANT #23, UNKNOWN TENANT #24,
UNKNOWN TENANT #25, UNKNOWN TENANT #26,
UNKNOWN TENANT #27, UNKNOWN TENANT #28, and UNKNOWN TENANT #29,
Defendants.
NOTICE IS GIVEN that pursuant to the Summary Final Judgment of Foreclosure filed on the 27 day of April, 2015, in Civil Action No. 14-CA-051256, of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, in which D.N.A. PROPERTIES, INC., a Florida Corporation, RICHARD NESLUND, LAURA A. KAISER, D.M.D, P.A., a Florida corporation, UNKNOWN TENANT #1, UNKNOWN TENANT #2, UNKNOWN TENANT #3, UNKNOWN TENANT #4, UNKNOWN TENANT #5, UNKNOWN TENANT #6, UNKNOWN TENANT #7, UNKNOWN TENANT #8, UNKNOWN TENANT #9, UNKNOWN TENANT #10, UNKNOWN TENANT #11, UNKNOWN TENANT #12, UNKNOWN TENANT #13, UNKNOWN TENANT #14, UNKNOWN TENANT #15, UNKNOWN TENANT #16, UNKNOWN TENANT #17, UNKNOWN TENANT #18, UNKNOWN TENANT #19, UNKNOWN TENANT #20, UNKNOWN TENANT #21, UNKNOWN TENANT #22, UNKNOWN TENANT #23, UNKNOWN TENANT #24, UNKNOWN TENANT #25, UNKNOWN TENANT #26, UNKNOWN TENANT #27, UNKNOWN TENANT #28 and UNKNOWN TENANT #29, are the Defendants, IBERIABANK, is the Plaintiff, Linda Doggett, Clerk of Court, Lee County will sell to the highest and best bidder for cash on the 12 day of June, 2015 at 9:00 a.m. by electronic sale at www.lee.realforeclose.com, the following described real property as set forth in the Summary Final Judgment of Foreclosure in Lee County, Florida:
i) The Real Property described in Exhibit “A” attached hereto;
ii) The Personal Property described in Exhibit “B” attached hereto.
EXHIBIT ”A”
PARCEL I
A PORTION OF LOT 2 IN BONITA SPRINGS MEDICAL CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 47, PAGES 75 THROUGH 78, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 2 OF BONITA SPRINGS MEDICAL CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 47, PAGES 75 THROUGH 78, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EASTERLY LINE OF THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, THENCE RUN SOUTH 89 DEGREES 33' 00'” WEST FOR A DISTANCE OF 540.05 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SHANNA LANE, A 40.00 FOOT RIGHT-OF-WAY, THENCE RUN SOUTH 00 DEGREES 40' 01” EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 395.00 FEET, THENCE RUN NORTH 89 DEGREES 33' 00” EAST FOR A DISTANCE OF 290.05 FEET, THENCE RUN NORTH 00 DEGREES 40' 01” WEST FOR A DISTANCE OF 195.00 FEET, THENCE RUN NORTH 89 DEGREES 33' 00” EAST FOR A DISTANCE OF 250.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 2, THENCE RUN NORTH 00 DEGREES 40' 01” WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING.
PARCEL II
AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER AND ACROSS THE FOLLOWING DESCRIBED PARCEL:
A PARCEL OF LAND LOCATED IN THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA; THENCE RUN SOUTH 89° 33' 00” WEST ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SAID SECTION 4, FOR A DISTANCE OF 400.00 FEET; THENCE RUN NORTH 00° 40' 01” WEST, PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF THE SAID SECTION 4, FOR A DISTANCE OF 217.81 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 89° 33' 00” WEST, PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SAID SECTION 4, FOR A DISTANCE OF 331.43 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HWY NO. 41 (STATE ROAD #45) AS THE SAME IS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD NO. 45, “BONITA SPRINGS BY-PASS”, SECTION 12010-2509, SHEET 5, THENCE RUN NORTH 02° 30' 19'” WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HWY. NO. 41 FOR A DISTANCE OF 80.05 FEET; THENCE RUN NORTH 89° 33' 00” EAST, PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SAID SECTION 4, FOR A DISTANCE OF 334.00 FEET; THENCE RUN SOUTH 00° 40' 01” EAST, PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF THE SAID SECTION 4, FOR A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING.
EXHIBIT B
(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 on Exhibit “'A”attached hereto (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 foregoing, 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; rangers; furnaces; oil burners or units thereof; appliances; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; 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, heretofore 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 payment 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 now 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.
Dated this 29 day of April, 2015.
LINDA DOGGETT,
CLERK OF COURT
(SEAL) By: T. Cline
Deputy Clerk
M. Brian Cheffer
Attorney for Plaintiff
DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A.
P.O. Box 1470
Fort Myers, Fl. 33902
239-334-1381
May 8, 15, 2015 15-01671L