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NOTICE OF SALE
IN THE TWENTIETH JUDICIAL CIRCUIT COURT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: 16-CA-002370
WELLS FARGO BANK, N.A., AS TRUSTEE FOR MORGAN STANLEY CAPITAL I, INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-IQ12,
Plaintiff, vs.
EXTRA CLOSET ACQUISITIONS, LLC, a Florida limited liability company, NATHAN
J. NEWMAN, an individual, GARY LAU, an individual, FLORIDA DEPARTMENT OF REVENUE, LEE COUNTY, and ALL OTHER UNKNOWN PARTIES, including all claimants, persons or parties, natural or corporate, or whose legal status is unknown, claiming under any of the above named or
described Defendants,
Defendants.
NOTICE IS HEREBY GIVEN that on the September 25, 2017 at 9:00 am www.lee.realforeclose.com, the Clerk of this Court will offer for sale to the highest bidder for cash in accordance with Section 45.031, Florida Statutes, the following real and personal property, situated and being in Lee County, Florida, more particularly described as:
SEE ATTACHED EXHIBIT A
EXHIBIT “A”
PARCEL 1:
The West 1/2 of Lot 2, South Commercial Park, situated in the State of Florida, County of Lee, being a part of Section 25, Township 45 South, Range 24 East and further bounded and described as follows:
Starting at the intersection of the Easterly right of way line of State Road #45 Tamiami Trail (215 feet wide) and the North line of the South 1/2 of the North 1/2 of the aforesaid Section 25; thence North 89°05'24” East, along the North line of the South 1/2 of the North 1/2 of the aforesaid Section 25, a distance of 1288.20 feet; thence South 0°55'28” East a distance of 983.07 feet, to a point on the Southerly right of way line of South Commercial Drive (60.00 feet wide) and the principal place of beginning; thence continue South 0°55'28” East a distance of 290.00 feet; thence North 89°04'32” East a distance of 165.00 feet; thence North 0°55'28” West a distance of 290.00 feet, to a point on the Southerly right of way line of South Commercial Drive; thence South 89°04'32” West along the aforesaid Southerly right of way line a distance of 165.00 feet to the principal place of beginning.
PARCEL 2:
The Westerly 160 feet of the following described parcel: A tract or parcel of land situated in the State of Florida, County of Lee, being a part of Section 25, Township 45 South, Range 24 East, and further bounded and described as follows:
Starting at the intersection of the Easterly right of way line of State Road #45 Tamiami Trail (215 feet wide) and the North line of the South 1/2 of the North 1/2 of the aforesaid Section 25; thence North 89°05'24” East, along the North line of the South 1/2 of the North 1/2 of the aforesaid Section 25, a distance of 1288.20 feet; thence South 0'55'28” East a distance of 633.07 feet to a point and the principal place of beginning; thence continue South 0°55'28” East a distance of 290.00 feet to a point on the North right of way line of South Commercial Drive (60.00 feet wide); thence North 89°04'32” East along the North right of way line a distance of 330.00 feet; thence North 0°55'28” West a distance of 290.00 feet; thence South 89°04'32” West a distance of 330.00 feet to the Point of Beginning.
PARCEL 3:
A tract or parcel of land situated in the State of Florida, County of Lee, being a part of Section 25, Township 45 South, Range 24 East, and further bounded and described as follows:
Starting at the intersection of the Easterly right of way line of State Road #45 Tamiami Trail (215 feet wide) and the North line of the South 1/2 of the North 1/2 of the aforesaid Section 25; thence North 89°05'24” East, along the North line of the South 1/2 of the North 1/2 of the aforesaid Section 25, a distance of 1288.20 feet; thence South 0°55'28” East a distance of 343.07 feet to a point on the South right of way line of North Commercial Drive (60.00 feet wide); said point also being the principal place of beginning; thence continue South 0°55'28” East, a distance of 290.00 feet; thence North 89°04'32” East, a distance of 160.00 feet; thence North 0°55'28” West, a distance of 290.00 feet to a point on the South right of way line of the aforesaid North Commercial Drive; thence South 89°04'32” West along said right of way line a distance of 160.00 feet to the principal place of beginning.
AND THE FOLLOWING PERSONAL PROPERTY:
Any and all assets of the Debtor, of any kind or description, tangible or intangible, whether now existing or hereafter arising or acquired, including, but not limited to:
(a) all property of, or for the account of, the Debtor now or hereafter coming into the possession, control or custody of, or in transit to, the Secured Party or any agent or bailee for the Secured Party or any parent, affiliate or subsidiary of the Secured Party or any participant with the Secured Party in the loans to the Debtor (whether for safekeeping, deposit, collection, custody, pledge, transmission or otherwise), including all earnings, dividends, interest, or other rights in connection therewith and the products and proceeds therefrom, including the proceeds of insurance thereon; and
(b) the additional property of the Debtor, whether now existing or hereafter arising or acquired, and wherever now or hereafter located, together with all additions and accessions thereto, substitutions for, and replacements, products and proceeds therefrom, and all of the Debtor's books and records and recorded data relating thereto (regardless of the medium of recording or storage), together with all of the Debtor's right, title and interest in and to all computer software required to utilize, create, maintain and process any such records or data on electronic media, identified and set forth as follows:
(i) All Accounts and all Goods whose sale, lease or other disposition by the Debtor has given rise to Accounts and have been returned to, or repossessed or stopped in transit by, the Debtor, or rejected or refused by an Account Debtor;
(ii) All Inventory, including, without limitation, raw materials, work-in-process and finished goods;
(iii) All Goods (other than Inventory), including, without limitation, embedded software, Equipment, vehicles, furniture and Fixtures;
(vi) All Software and computer programs;
(v) All Securities and Investment Property;
(vi) All Chattel Paper, Electronic Chattel Paper, Instruments, Documents, Letter of Credit Rights, all proceeds of letters of credit, Health-Care-Insurance Receivables, Supporting Obligations, notes secured by real estate, Commercial Tort Claims, contracts, licenses, permits and all other General Intangibles, including Payment Intangibles and collateral assignment of beneficial interests in land trusts;
(vii) All insurance policies and proceeds insuring the foregoing property or any part thereof, including unearned premiums; and
(viii) All operating accounts, the Loan funds, all escrows, reserves and any other monies on deposit with or for the benefit of Secured Party, including deposits for the payment of real estate taxes and insurance, maintenance and leasing reserves, and any cash collateral accounts, clearing house accounts, operating accounts, bank accounts of Debtor or any other Deposit Accounts of Debtor.
The aforesaid sale will be made pursuant to the Stipulated in rem Final Judgment of Foreclosure entered in Case No. 2016-CA-002370 now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida.
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 JUN 28, 2017.
LINDA DOGGETT
Clerk of the Court
(SEAL) By: T. Cline
As Deputy Clerk
Mary-Beth T. Valley, Esq.
Burr & Forman, LLP
200 S. Orange Avenue, Suite 800
Orlando, FL 32801
Counsel for Plaintiff
July 7, 14, 2017 17-02828L