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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 24-CA-000687
VALLEY NATIONAL BANK, a national banking association, successor by merger to CNLBank, a Florida banking corporation,
Plaintiff, v.
ROSE HILL FORT MYERS, LLC, a Delaware limited liability company,
Defendant.
Notice is hereby given that pursuant to a Uniform Final Judgment of Foreclosure entered April 24, 2024, in the above entitled cause in the Circuit Court of Lee County, Florida, I will sell the property located in Lee County, Florida described as:
Parcel 1:
Lots 11, 12, 13 and 14, Block D, Phillips 4th Division, less State Road No. 45 right-of-way, according to the map or plat thereof, as recorded in Plat Book 4, Page 41, of the Public Records of Lee County, Florida.
Parcel 2:
Lots 8, 9, 10, 15, 16, 17 and 18, Block D, and Lots 13 and 14, Block A, Phillips 4th Division, less State Road No. 45 right-of-way, according to the map or plat thereof, as recorded in Plat Book 4, Page 41, of the Public Records of Lee County, Florida.
Parcel 3:
Lots 5, 6, 19 and 20, Block D, Phillips 4th Division, less State Road No. 45 right-of-way, according to the map or plat thereof, as recorded in Plat Book 4, Page 41, of the Public Records of Lee County, Florida.
Parcel 4:
Lot 7, Block D, Phillips 4th Division, according to the map or plat thereof, as recorded in Plat Book 4, Page 41 , of the Public Records of Lee County, Florida.
TOGETHER WITH: all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures, machinery, equipment, furniture and other personal property of every nature whatsoever now or hereafter owned by the Borrower and located in, on, or used or intended to be used in connection with or with the operation of the Land, building, structures or other improvements, including all extensions, additions, improvements, betterments, renewals, and replacements to any of the foregoing, and all of the right, title and interest of the Borrower in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by the Borrower or on its behalf;
TOGETHER WITH all easements, rights of way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Borrower, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law as well as in equity, of Borrower of, in and to the same, including but not limited to all judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the Land or any part thereof under the power of eminent domain, the alteration of the grade of any street, or for any damage (whether caused by such taking or otherwise) to the Land or any part thereof, or to any rights appurtenant thereto, and all proceeds of any sales or other disposition of the Land or any part thereof;
TOGETHER WITH all rents, royalties, issues, profits, revenue, income and other benefits from the Land to be applied against the indebtedness secured hereby, providing however, that permission is hereby given to Borrower, so long as no default has occurred hereunder, to collect, receive, take, use and enjoy such rents, royalties, issues, profits, revenue, income, licenses, foreclosures, concessions and other benefits as they become due and payable, but not in advance thereof. The foregoing assignment shall be fully operative without any further action on the part of either party, and specifically Lender shall be entitled, at its option, upon the occurrence of a default hereunder, to all rents, royalties, issues, profits, revenue, income and other benefits from the Land, whether or not Lender takes possession of the Land. Upon any such notice of default hereunder, the permission hereby given to Borrower to collect such rents, royalties, issues, profits, revenue, income and other benefits from the Land shall terminate and such permission shall not be reinstated upon a cure of the default without Lender's specific consent. Exercise of rights under this paragraph, and the application of any such rents, royalties, issues, profits, revenue, income or other benefits to such indebtedness, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant hereto, but shall be cumulative and in addition to all other rights and remedies of Lender;
TOGETHER WITH all right, title and interest of Borrower in and to any and all leases now or hereafter on or affecting the Land, together with all security therefor and all monies payable thereunder subject, however, to the conditional permission hereinabove given to Borrower to collect the rentals under such leases. The foregoing assignment of any lease shall not be deemed to impose upon Lender any of the obligations or duties of Borrower provided in any such lease, and Borrower agrees to fully perform all obligations of the lessor under all such leases. Upon Lender's request, Borrower agrees to send to Lender a list of all leases covered by the foregoing assignment and as any such lease shall expire or terminate or as any new lease shall be made, Borrower shall so notify Lender in order that at all times Lender shall have a current list of all leases affecting the Land. Lender shall have the right, at any time and from time to time, to notify any lessee of the rights of Lender as provided by this paragraph. From time to time, upon request of Lender, Borrower shall specifically assign to Lender as additional security hereunder, by an assignment in writing in form approved by Lender, all right, title and interest of Borrower in and to any and all leases now or hereafter on or affecting the Land, together with all security therefor and all monies payable thereunder, subject to the conditional permission hereinabove given to Borrower to collect the rentals under any such lease. Borrower shall also execute and deliver to Lender any notification, financing statement, or other document reasonably required by Lender to perfect the foregoing assignment as to any such lease;
The mortgage constitutes an absolute and present assignment of the rents, royalties, issues, profits, revenue, income, and other benefits from the Land, subject, however, to the conditional permission given to Borrower to collect, receive, take, use and enjoy the same as provided hereinabove; provided, further, that the existence or exercise of such right of Borrower shall not operate to subordinate this assignment to any subsequent assignment, in whole or in part, by Borrower, and any such subsequent assignment by Borrower shall be subject to the rights of Lender hereunder;
TOGETHER WITH a security interest in (i) all property, equipment and fixtures affixed to or located on the Land, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property, (ii) all articles of personal property and all materials delivered to the Land for the use and operation of said property or for use in any construction being conducted thereon, and owned by Borrower; (iii) and all contract rights, including construction contracts, service contracts, advertising contracts, purchase orders, equipment leases, all other contract rights associated with the Land, general intangibles, actions and right of action, all deposits, prepaid expenses, permits, licenses, including all rights to insurance proceeds, (iv) all right, title and interest of the Borrower in all trade names hereinafter used in connection with the use of the Land, and (v) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing. Borrower (Debtor) hereby grants to Lender (Creditor) a security interest in all fixtures, rights in action and personal property described herein. This Mortgage is a self-operative security agreement with respect to such property, but Borrower agrees to execute and deliver on demand such other security agreements, financing statements and other instruments as Lender may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. Lender shall have all the rights and remedies in addition to those specified herein of a secured party under the Uniform Commercial Code.
Property Address:
2056 Franklin Street
2546 Dixie Parkway
2536 Dixie Parkway
2531 Cleveland Avenue
2507 Cleveland Avenue
2549 Cleveland Avenue
Fort Myers, Florida 33901
at public sale, to the highest and best bidder for cash, at www.lee.realforeclose.com, beginning at 9:00 a.m. on May 23, 2024.
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 in accordance with Florida Statutes Section 45.031.
Dated: 05/01/2024
KEVIN C. KARNES
LEE COUNTY Circuit Court
(SEAL) BY: E. Windler
Deputy Clerk
Hill Ward Henderson PA
Attention: Patrick M. Mosley, Esq.
101 E. Kennedy Blvd., Suite 3700 Tampa, FL 33602
Email: [email protected] (813) 221-3900
17521705v1
May 3, 10, 2024 24-01782L