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NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT
OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CIVIL ACTION
Case No. 2018-CA-1781
RANDAL D. BELLESTRI, as Trustee of the Randal D. Bellestri Living Trust, dated March 13, 1997,
Plaintiff, vs.
SEE CAPITAL, LLC f/k/a DC INVEST, LLC; TOMAZ LOVSE; RANDAL D. BELLESTRI, as Trustee of the Randal D. Bellestri Living Trust, dated March 13, 1997; and UNKNOWN TENANT(S)/OWNER(S)/SPOUSE(S) IN POSSESSION,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Final Judgment of Foreclosure entered on the 11th day of February, 2020, in that certain cause pending in the Circuit Court in and for Collier County, Florida, wherein RANDAL D. BELLESTRI, as Trustee of the Randal D. Bellestri Living Trust, dated March 13, 1997, is the Plaintiff, and SEE CAPITAL, LLC f/k/a DC INVEST, LLC; TOMAZ LOVSE; RANDAL D. BELLESTRI, as Trustee of the Randal D. Bellestri Living Trust, dated March 13, 1997; and UNKNOWN TENANT(S)/OWNER(S)/SPOUSE(S) IN POSSESSION, are the Defendants, Civil Action Case No. 2018-CA-001781, I, Clerk of the aforesaid Court, will at 11:00 a.m. on March 12, 2020, offer for sale and sell to the highest bidder for cash on the 3rd floor lobby of the Courthouse Annex, 3315 Tamiami Trail East, Naples, Florida 34112, the following described real and personal property, situate and being in Collier County, Florida, to wit:
All that part of Tract A, Pelican Bay Unit Eight, as recorded in Plat Book 15, Pages 27 through 29, inclusive, of the Public Records of Collier County, Florida and being more particularly described as follows (the “mortgaged property”):
Commencing at the Southwesterly-most comer of Parcel 2, conservation area (D.E.R. Permit #11-503769) as shown on said plat: thence along the State of Florida Department of Natural Resources and Collier County Coastal Construction Control Line (per C.C.L.B. 1, pages 13 through 25, recorded July 29, 1980) South 11 degrees 23 minutes 56 seconds East 132.31 feet to the Point of Beginning of the parcel herein described; thence leaving said Collier County Coastal Construction Control Line, North 78 degrees 36 minutes 4 seconds East 51.99 feet; thence South 25 degrees 45 minutes 0 seconds East 109.61 feet; thence 27.85 feet along the arc of a circular curve concave Southwesterly, having a radius of 345.00 feet through a central angle of 4 degrees 37 minutes 29 seconds and being subtended by a chord which bears South 23 degrees 26 minutes 15 seconds East 27.84 feet; thence along a non-tangential line South 79 degrees 20 minutes 46 seconds West 85.19 feet to the said Collier County Coastal Construction Control Line; thence continuing South 79 degrees 20 minutes 46 seconds West 236.97 feet to the Mean High Water Line (1.5 NGVD contour line observed November 1987) thence along said Mean High Water Line, North 10 degrees 2 minutes 52 seconds West 62.05 feet; thence continuing along said Mean High Water Line, North 10 degrees 38 minutes 47 seconds West 67.20 feet; thence leaving said Mean High Water Line, North 78 degrees 36 minutes 4 seconds East 234.83 feet to the said Collier County Coastal Construction Control Line and the Point of Beginning.
Together with:
A. All property and equipment of Debtor, and fixtures now or hereafter affixed to or located on the mortgaged property, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property.
B. All articles of personal property now or hereafter acquired, furnishings, inventory, furniture and all materials located at the mortgaged property described below or for use in any construction being conducted thereon, and owned by Debtor.
C. All contract rights now or hereafter acquired, including leases, rents and profits for all or part of the mortgaged premises, accounts receivable, purchase and sale agreements and deposit receipts, construction contracts, sales contracts, service contracts, utility rights and hook-ups, advertising contracts, purchase orders, equipment leases, all other contract rights associated with the mortgaged property, general intangibles, actions and rights of actions, all deposits, prepaid expenses, permits, licenses, including rights to insurance proceeds.
D. All right, title and interest of the Debtor in all trade names hereinafter used in connection with the mortgaged property.
E. All plans, specification and drawings prepared in connection with the construction, operation and maintenance of improvements upon the mortgaged property.
F. All proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing property.
Said sale will be made pursuant to and in order to satisfy the terms of said Final Judgment of Foreclosure. 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.
WITNESS my hand and seal this 17 day of February, 2020.
CRYSTAL K. KINZEL
Clerk of the Circuit Court
(Seal) By: Kathleen Murray
Deputy Clerk
Kathleen Murray
Mark H. Muller, Esq.
Attorney for Plaintiff
Mark H. Muller, P.A.
5150 Tamiami Trail N., Suite 303
Naples, Florida 34103
(239) 774-1432
[email protected]
[email protected]
February 21, 28, 2020 20-00424C