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FIRST INSERTION
NOTICE OF SALE
PURSUANT TO CHAPTER 45,
FLORIDA STATUTES
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CASE NO.: 09-CA-066645
Division: Frank J. Porter
RBC BANK (USA), Successor in interest to Community Bank of Naples, N.A.,
Plaintiff, v.
CYPRESS SOUTHERN HOMES, LLC, ACI DEVELOPMENT, LC, BENJAMIN ADAM MORRIS, HENRY FLOREANI and
CALUSA RIDGE HOMEOWNERS ASSOCIATION, INC.,
Defendants.
NOTICE OF SALE IS HEREBY GIVEN pursuant to a Final In Rem Summary Judgment of Foreclosure as to Count I of Plaintiff's Complaint filed the 7th day of December, 2011, and entered in Case No. 09-CA-066645 of the Circuit Court of the 20th Judicial Circuit in and for Lee County, Florida, wherein RBC BANK (USA) is the Plaintiff and CYPRESS SOUTHERN HOMES, LLC, ACI DEVELOPMENT, LC, BENJAMIN ADAM MORRIS, HENRY FLOREANI and CALUSA RIDGE HOMEOWNERS ASSOCIATION, INC. are the Defendants, I will sell to the highest and best bidder for cash on January 6, 2012, at 9:00 a.m. at www.lee.realforeclose.com, the following described property as set forth in said Order or Final Summary Judgment of Foreclosure, to-wit:
SEE EXHIBIT “A”
Said and situate, lying and being in Lee County, Florida.
LOT 31:
A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 17, Township 44 South, Range 22 East, being further described as follows:
Commencing at the East quarter corner of said Section 17; thence N.00Ëš17'45”W. along the East line of said Section 17 for 236.11 feet; thence S.89Ëš38'38”W. a distance for 997.70 feet to the Point of Beginning of the herein described parcel; thence S.89Ëš38'38” W. a distance of 324.98 feet; thence N.00Ëš16'04”W. a distance of 183.00 feet; thence S.78Ëš21'01”E. a distance of 285.80 feet to the point of curve of a non-tangent curve to the left, of which the radius point lies 78Ëš21'01”E. a radial distance of 65.00 feet; thence Southerly along the arc, through a central angle of 57Ëš32'50” a distance of 65.29 feet to a point of reverse curve to the right having a radius of 90.00 feet and a central angle of 42Ëš06'12”; thence Southeasterly along the arc, a distance of 66.14 feet; thence S.03Ëš47'38”E. a distance of 4.80 feet to the Point of Beginning.
and
LOT 41:
A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 17, Township 44 South, Range 22 East, being further described as follows:
Commencing at the East quarter corner of said Section 17; thence N.00Ëš17'45”W. along the East line of said Section 17 for 673.16 feet; thence S.89Ëš41'05”W. for 294.89 feet to the Point of Beginning of the herein described parcel; thence S.00Ëš05'22”W. for 211.45 feet to a point on a non-tangent curve to the left, to which a radial line bears N.00Ëš06'02”E., having a radius of 65.00 feet, a central angle of 59Ëš17'17”; thence along the arc of said curve, an arc length of 67.26 feet; thence leaving said curve N.59Ëš11'19”W. for 359.76 feet; thence N.00Ëš16'04”W. for 56.87 feet; thence N.89Ëš41'05”E. for 365.52 feet to the Point of Beginning.
All of said lands situate, lying and being in 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 sixty (60) days after the sale.
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 the Court Operations Manager whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, 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 this 14 day of December, 2011.
CHARLIE GREEN
As Clerk of Court
(SEAL) By: S. Hughes
As Deputy Clerk
KENNETH A. RUBIN, ESQ.
GREENSPOON MARDER, P.A.
Commercial, Attorneys for Plaintiff
100 W. Cypress Creek Road, Suite 700
Ft. Lauderdale, FL 33309
December 23, 30, 2011 11-07287L