11-04468L

FIRST INSERTION
NOTICE OF SALE
PURSUANT TO CHAPTER 45
in the circuit court of the 20TH judicial circuit in and for lee county,
florida
CASE NO. 09-ca-069548
bank of new york
mellon, fka bank of new york, trustee etal
Plaintiff(s), vs.
michael gerner, et. al
Defendant(s)
NOTICE IS HEREBY GIVEN pursuant to an Order or Final Judgment of Foreclosure filed June 21, 2011, and entered in Case No. 09-ca-069548 of the Circuit Court of the 20TH Judicial Circuit in and for LEE County, Florida, wherein bank of new york mellon, fka bank of new york, trustee etal is the Plaintiff and are the Defendants, I will sell to the highest and best bidder for cash www.lee.realforeclose.com, the Clerk's website for on-line auctions, at 9:00 a.m. on the 21 day of July, 2011, the following described property as set forth in said Order of Final Judgment, to wit:
see exhibit “a”

Exhibit “A”

a lot or parcel of land lying in the northeast quarter of the southwest quarter of section 3, township 45 south, range 22 east, pine island, lee county, florida, described as follows:

from the concrete monument marking the northeast corner of said northeast quarter of the southwest quarter run s 89Ëš04'30” w along the north line of said fraction of a section for 723.56 feet to the point of beginning; thence run s 11Ëš08'28” e for 468.52 feet to the centerline of an existing sTate road department drainage easement (30 feet wide), thence run N 88Ëš22'30” w along said centerline for 586.68 feet to an intersection with the northeasterly line, 33 feet from centerline, of stringfellow road; thence run n 15Ëš56'10” w along said northeasterly line for 450.36 feet to an intersection with the north line of said northeast quarter of the southwest quarter; thence run n 89Ëš04'30” e along said north line for 619.63 feet to the point of beginning.

subject to an easement for rock sound road over and across the northerly 30 feet thereof and an easement for said state road department drainage easement over and across the south 15 feet thereof.
and commonly known as: 8482 stringfellow road, st james city, fl 33956
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK OF COURT NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
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 at LEE County, Florida, this 23 day of June, 2011.
Charlie Green
Clerk, LEE County, Florida
(SEAL) By: S. Hughes
Deputy Clerk
michelle garcia gilbert, Esq./Florida Bar# 549452
Laura L. Walker, Esq./
Florida Bar#509434
Lisa N. Wysong, Esq./
Florida Bar#521671
Daniel F. Martinez, II, Esq./Florida Bar# 438405
GILBERT GARCIA GROUP P.A.
Attorney for Plaintiff(s)
2005 Pan Am Circle, Suite 110
Tampa, FL 33607
(813)443-5087
727712.001168T
July 1, 8, 2011 11-04468L