-
-
Loading
Loading
AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA
CASE NO.:
11-2017-CA-001305-0001-XX
WELLS FARGO BANK, N.A.,
a national banking association, as successor by merger to
Wachovia Bank, National Association
Plaintiff, v.
ARTHUR L. ALLEN, an individual; UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY-INTERNAL REVENUE SERVICE; ALA SERVICES, LLC, a foreign limited liability company; UNKNOWN SPOUSE OF ARTHUR L. ALLEN; and UNKNOWN TENANTS IN POSSESSION,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Final Judgment of Foreclosure (“Final Judgment”) entered on July 24, 2018, and Order On Defendants Arthur L. Allen And ALA Services, LLC's Renewed Motion To Cancel Or Postpone Foreclosure Sale (“Order”) entered on September 27, 2018, in Case No. 11-2017-CA-001305-0001, of the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, wherein Plaintiff, WELLS FARGO BANK, N.A., a national banking association, as successor by merger to Wachovia Bank, National Association (“Wells Fargo”) is the Plaintiff, and Arthur L. Allen, an individual (“Borrower”); United States Of America Department Of The Treasury - Internal Revenue Service (“IRS”); ALA Services, LLC, a foreign limited liability company (“ALA”); Unknown Spouse Of Arthur L. Allen (“Unknown Spouse”); and Unknown Tenants In Possession Of The Subject Property (“Unknown Tenants”) (collectively, “Defendants”) are the Defendants, and Chapter 45, Florida Statutes, that the Clerk of the Court will sell to the highest and best bidder for cash on November 8, 2018, in the lobby on the third floor of the Collier County Courthouse Annex, at 3315 Tamiami Trail East, Naples, Florida 34112, beginning at the 11 o'clock a.m., or as soon thereafter as the sale may proceed, the following described property as set forth in said Final Judgment:
SEE ATTACHED EXHIBIT “A”
EXHIBIT “A”
LEGAL DESCRIPTION
ALL THOSE CERTAIN PIECES, PARCELS OR TRACTS OF LAND SITUATE, LYING AND BEING IN THE COUNTY OF COLLIER AND STATE OF FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 2A:
A parcel of land more particularly described as: Commencing at the Center of Section 34, Township 49 South, Range 25 East, Collier County, Florida; thence along the North and South 1/4 line of said Section 34, S 0° 18' 37” E, 1320.52 feet; thence along the South line of the North 1/2 of the Southeast 1/4 of said Section 34, N 89° 57' 00” E, 400.00 feet for the Point of Beginning of the Parcel herein described; thence continue along the South line of the North 1/2 of the Southeast 1/4 of said Section 34, N 89° 57' 00” E, 553.12 feet; thence N 0° 18' 37” W, 393.77 feet; thence S 89° 57' 00” W, 553.12 feet; thence S 0° 18' 37” E, for 393.77 feet, to the Point of Beginning of the Parcel herein described.
PARCEL 2B:
TOGETHER WITH a non-exclusive easement for ingress, egress, utilities, telephone and cablevision service, pursuant to that certain Grant of Easement recorded February 19, 1991 in Official Records Book 1593, page 1278, of the Public Records of Collier County, Florida, over, across, under and through that tract, parcel or piece of real property described as follows:
Commencing at the Center of Section 34, Township 49 South, Range 25 East, Collier County, Florida; thence along the North and South 1/4 line of said Section 34, S 0° 18' 37” E, 1320.52 feet; thence along the South line of the North 1/2 of the Southeast 1/4 of said Section 34, N 89° 57' 00” E, 400.00 feet to the Point of Beginning of the lands described in that Warranty Deed recorded in Official Records Book 621, page 632, of the Public Records of Collier County, Florida; thence continue along the South line of the North 1/2 of the Southeast 1/4 of said Section 34, and the Southerly boundary of those lands described in that Warranty Deed recorded in Official Records 621, page 632, of the Public Records of Collier County, Florida, N 89° 57' 00” E, 553.12 feet; thence N 0° 18' 37” W, 393.77 feet, along the easterly boundary of the lands described in that Warranty Deed recorded in Official Records 621, page 632, of the Public Records of Collier County, Florida, thence S 89° 57' 00” W, 553.12 feet, along the Northerly boundary of the lands described in that Warranty Deed recorded in Official Records Book 621, page 632, of the Public Records of Collier County, Florida, to the northwesterly corner of said lands, being the POINT OF BEGINNING of the lands herein described; thence continue S 89° 57' 00” W, 300.00 feet, more or less, to the easterly right-of-way line of State Road 851 (Goodlette Road) thence N 0° 18' 37” E, along the easterly right-of-way line of State Road 851 (Goodlette Road), 60.00 feet; thence N 89° 57' 00” E, 400.00 feet to a point lying 60 feet, more or less, north of the northerly property line of the lands described in that Warranty Deed recorded in Official Records 621, page 632, of the Public Records of Collier County, Florida; thence S. 0° 18' 37” E, 60.00 feet, more or less, to the northern property line of the lands described in Official Records Book 621, page 632, of the Public Records of Collier County, Florida, thence S. 89° 57' 00” W along the northerly property line of the lands described in that Warranty Deed recorded in Official Records Book 621, page 632, Public Records of Collier County, Florida, 100 feet, more or less, to the POINT OF BEGINNING of the lands herein described (the “Land”).
TOGETHER WITH the following described personal property (the “Personal Property” and together with the Land, the “Property”):
ALL OF BORROWER's right, title and interest in and to the following, whether now existing or hereafter acquired: (i) all fixtures, machinery, equipment and other articles of real, personal or mixed property attached to, situate or installed in or upon, or used in the operation or maintenance of the above described real property (the “Land”), or any buildings or improvements situated thereon, whether or not such real, personal or mixed property is or shall be affixed to the Land; (ii) all building materials, building machinery and building equipment delivered on site to the Land during the course of, or in connection with, any construction, repair or renovation of the buildings and improvements situated or to be situated thereon; (iii) all leases, licenses or occupancy agreements of all or any part of the Land and all extensions, renewals, and modifications thereof, and any options, rights of first refusal or guarantees relating thereto; all rents, income, revenues, security deposits, issues, profits, awards and payments of any kind payable under the leases or otherwise arising from the Land; (iv) all contract rights, accounts receivable and general intangibles relating to the Land or the use, occupancy, maintenance, construction, repair or operation thereof; all management agreements, franchise agreements, utility agreements and deposits; all maps, plans, surveys and specifications; all warranties and guaranties; all permits, licenses and approvals; and all insurance policies: and (v) all proceeds of any of the above-described property, whether cash or non-cash, and including insurance proceeds and condemnation awards; and all replacements, substitutions and accessions thereof.
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 SIXTY (60) DAYS AFTER THE SALE.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE- MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF' PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO TIDS FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE COLLIER COUNTY CLERK OF CIRCUIT COURT, CIVIL DEPARTMENT - FORECLOSURES, 3315 TAMIAMI TRAIL EAST, STE. 102, NAPLES, FL 34112-5324; (239) 252-2646, WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
ATTENTION: PERSONS WITH DISABILITIES
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Charles Rice, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (239) 252-8800, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
DATED on: October 1, 2018.
CRYSTAL K. KINZEL
As Clerk of the Court
(SEAL) By: Kathleen Murray
Deputy Clerk
October 19, 26, 2018 18-02046C