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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. 20-CA-001936
Judge: Joseph C. Fuller
JOHN M. MORGAN, as Trustee of the 17312 ALICO CENTER ROAD LAND TRUST dated December 17, 2012,
Plaintiff, v.
SEAN P. SIPE, an individual and EXTREME AIR SPORTS COMPANY, LLC, a Florida limited liability company, POLO GARCIA, an individual; and any other party taking possession by through or under the above-mentioned parties,
Defendants.
NOTICE IS HEREBY given as required under Fla. Stat. §§ 679.604 & 715.104 (2019), that the Plaintiff Judgment Creditor, JOHN M. MORGAN, as Trustee of the 17312 ALICO CENTER ROAD LAND TRUST dated December 17, 2012, will conduct a public sale under § 679.610 Fla. Stat. (2019), for the sale and disposition of the collateral left on the premise by the Judgment Debtors SEAN P. SIPE & EXTREME AIR SPORTS COMPANY, LLC, (hereafter “Judgment Debtors”) located at 17312 Alico Center Road, Fort Myers, Florida 33967.
Plaintiff Judgment Creditor, JOHN M. MORGAN, as Trustee of the 17312 ALICO CENTER ROAD LAND TRUST dated December 17, 2012, is a secured party and Judgment Debtors are in default under that certain lease executed on October 28, 2013. The Final Summary Judgment as to Counts II & III entered on July 27, 2020, as well as the Amended Final Summary Judgment as to Counts II & III entered on August 14, 2020, found Plaintiff Judgment Creditor has a proper landlord lien under § 83.08 Fla. Stat. (2019), over all the collateral located at 17312 Alico Center Road, Fort Myers, Florida 33967, and is authorized to sell the following collateral as described below, that was left behind by former tenants and Judgment Debtors, SEAN P. SIPE & EXTREME AIR SPORTS COMPANY, LLC, at the time and place specified below:
Personal property/collateral to be sold
All fixtures, machinery, equipment, furnishings, and other articles of gymnastic equipment.
Location 17312 Alico Center Road, Fort Myers,
Florida 33967
Date: September 11, 2020
Time: 12:00p.m.
The Judgment Debtors may reclaim the collateral at 17312 Alico Center Road, Fort Myers, Florida 33967 upon satisfaction of the Judgment amount as set forth in that certain Judgment entered on July 27, 2020 and recorded on July 28, 2020.
If you fail to reclaim the collateral, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the collateral is sold and the cost of storage, advertising, and sale are deducted, the remaining money will be applied to the Judgment. Any surplus funds will be deposited with the Clerk of the Circuit Court for Lee County, Florida which may be claimed at any time within 1 year after the county receives the money.
Dated: August 17, 2020
Respectfully Submitted,
BUTCHER & ASSOCIATES, P.L.
/s/ Justin Hassani
Bradley W. Butcher (FBN 0020045)
Justin Hassani (FBN 0116704)
Attorneys for Plaintiff
6830 Porto Fino Circle, Suite 2
Fort Myers, Florida 33912
Phone (239) 322-1650
Fax (239) 322-1663
Primary: [email protected]
Secondary: [email protected]
Tertiary: [email protected]
August 21, 28, 2020 20-02738L