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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
GENERAL CIVIL DIVISION
CASE NO. 11-CA-051173
FIFTH THIRD BANK, an Ohio banking corporation
Plaintiff, vs.
BONITA VILLAGE, LLC, a Florida limited liability company;
LINDA M. SCHRYVER,
individually; VINCENT J.
DEPASQUALE, individually;
RICHARD ARMALAVAGE,
individually; LINDA M. SCHRYVER and STANLEY J.
LIEBERFARB, as co-trustees of the KENNEY H. SCHRYVER
MARITAL TRUST u/t/a dated December 12, 1992, as amended;
LINDA M. SCHRYVER, as trustee of the KENNEY H. SCHRYVER
FAMILY TRUST u/t/a dated
December 12, 1992, as amended; DRA II, INC., a Florida
corporation; DRA LIMITED
PARTNERSHIP II, a Florida
limited partnership;
THE DEPASQUALE FAMILY PARTNERSHIP, LTD., a Florida
limited partnership; and BONITA VILLAGE COMMUNITY
ASSOCIATION, INC., a Florida non-profit corporation,
Defendants.
Notice is hereby given that, pursuant to a Uniform Final Judgment of Foreclosure filed on November 4, 2011 in the above-styled cause in the Circuit Court of Lee County, Florida, I will sell the property situated in Lee County, Florida, described below as:
PARCEL 1:
BEING LOT 82 AND A PORTION OF LOTS 81,95 AND 96, PLAT OF “ARROYAL, BEING A SUBDIVISION OF THAT PORTION OF SECTION 33, TOWNSHIP 47 SOUTH RANGE 25 EAST, LEE COUNTY, FLORIDA, LYING SOUTH OF THE IMPERIAL RIVER, AS RECORDED IN PLAT BOOK 3 PAGE 80 OF THE PUBLIC RECORDS FOR LEE COUNTY, FLORIDA AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE NORTH 0 DEGREES 40 MINUTES 02 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 33, A DISTANCE OF 50.00 FEET TO THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF BONITA BEACH ROAD (A.K.A. COUNTY ROAD 865) (HAVING A VARIABLE WIDTH RIGHT-OF-WAY); THENCE NORTH 89 DEGREES 08 MINUTES 19 SECONDS EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 315.28 FEET TO THE POINT OF BEGINNING: THENCE NORTH 0 DEGREES 51 MINUTES 41 SECONDS WEST, A DISTANCE OF 6.00 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 37.00 FEET, A CENTRAL ANGLE OF 68 DEGREES 54 MINUTES 22 SECONDS, AND A CHORD OF 41.86 FEET BEARING NORTH 33 DEGREES 35 MINUTES 30 SECONDS EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 44.50 FEET; THENCE NORTH 0 DEGREES 51 MINUTES 41 SECONDS WEST, A DISTANCE OF 36.98 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 80.00 FEET AND A CENTRAL ANGLE OF 74 DEGREES 19 MINUTES 06 SECONDS; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 103.77 FEET; THENCE. NORTH 75 DEGREES 10 MINUTES 47 SECONDS WEST, A DISTANCE OF 60.12 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS 0F 220.00 FEET AND A CENTRAL ANGLE OF 10 DEGREES 40 MINUTES 31 SECONDS; THENCE WESTERLY ALONG SAID CURVE, A DISTANCE OF 40.99 FEET; THENCE NORTH 64 DEGREES 30 MINUTES 16 SECONDS WEST, A DISTANCE OF 118.65 FEET; THENCE SOUTH 89 DEGREES 19 MINUTES 58 SECONDS WEST, A DISTANCE OF 52.37 FEET; THENCE NORTH 0 DEGREES 40 MINUTES 02 SECONDS WEST, A DISTANCE OF 371.97 FEET TO THE INTERSECTION OF THE NORTH LINE OF SAID LOTS 81 AND 82; THENCE NORTH 89 DEGREES 07 MINUTES 46 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 1277.67 FEET TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF MEADOWLARK LANE (HAVING A 20' WIDE RIGHT-OF-WAY) AND WHICH IS THE NORTHEAST CORNER OF SAID LOT 82; THENCE SOUTH 1 DEGREE 23 MINUTES 48 SECONDS EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 330.54 FEET TO THE SOUTHEAST CORNER OF SAID LOT 82; THENCE SOUTH 89 DEGREES 09 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF LOT 82, A DISTANCE OF 452.17 FEET; THENCE SOUTH 0 DEGREES 34 MINUTES 23 SECONDS EAST, A DISTANCE OF 17.40 FEET; THENCE SOUTH 89 DEGREES 10 MINUTES 20 SECONDS WEST, A DISTANCE OF 225.62 FEET; THENCE SOUTH 1 DEGREE 25 MINUTES 19 SECONDS EAST, A DISTANCE OF 141.61 FEET; THENCE SOUTH 89 DEGREES 08 MINUTES 19 SECONDS WEST, A DISTANCE OF 175.49 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 55.00 FEET AND A CENTRAL ANGLE OF 20 DEGREES 19 MINUTES 26 SECONDS; THENCE WESTERLY ALONG SAID CURVE, A DISTANCE OF 19.51 FEET; THENCE SOUTH 68 DEGREES 48 MINUTES 53 SECONDS WEST, A DISTANCE OF 46.34 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 22.00 FEET AND A CENTRAL ANGLE OF 17 DEGREES 58 MINUTES 26 SECONDS; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 6.90 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 130.00 FEET, A CENTRAL ANGLE OF 9 DEGREES 12 MINUTES 13 SECONDS, AND A CHORD OF 20.86 FEET BEARING SOUTH 5 DEGREES 27 MINUTES 48 SECONDS EAST; THENCE SOUTHERLY ALONG SAID CURVE, A DISTANCE OF 20.88 FEET; THENCE SOUTH 0 DEGREES 51 MINUTES 41 SECONDS EAST, A DISTANCE OF 37.07 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST; HAVING A RADIUS OF 27.00 FEET AND A CENTRAL ANGLE OF 82 DEGREES 27 MINUTES 29 SECONDS; THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 38.86 FEET; THENCE SOUTH 0 DEGREES 51 MINUTES 41 SECONDS EAST, A DISTANCE OF 13.67 FEET TO THE INTERSECTION OF THE ABOVE MENTIONED NORTH RIGHT-OF-WAY OF BONITA BEACH ROAD; THENCE SOUTH 89 DEGREES 08 MINUTES 19 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 97.14 FEET TO THE POINT OF BEGINNING.
BUT LESS AND EXCEPT:
The real property described as Exhibit “A” in that certain Declaration of Condominium for the Residences at Bonita Village I, a Condominium, recorded under Instrument Number 2007000125014, of the Public Records of Lee County, Florida;
AND LESS AND EXCEPT:
The real property described in Exhibit “A” in that certain Declaration of Condominium for the Residences at Bonita Village II, a Condominium, recorded under Instrument Number 2007000285249, of the Public Records of Lee County, Florida.
AND
PARCEL 3:
A PARCEL OF LAND LOCATED IN A PORTION OF LOT 96, ARROYAL ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 80 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 47 SOUTH, RANGE 25 EAST LEE COUNTY, FLORIDA; THENCE RUN N.00°40'02”W., ALONG THE WEST LINE OF SAID SECTION 33, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF BONITA BEACH ROAD, COUNTY ROAD 865, HAVING A RIGHT-OF-WAY OF VARYING WIDTH; THENCE RUN N.89°08'19”E., ALONG THE NORTH RIGHT-OF- WAY LINE OF SAID BONITA BEACH ROAD, FOR A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00°40'02'W., FOR A DISTANCE OF 238.31 FEET; THENCE RUN N.89°19'58”E., FOR A DISTANCE OF 52.37 FEET; THENCE RUN S.64°30'16”E., FOR A DISTANCE OF 118.65 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 220.00 FEET, THROUGH A CENTRAL ANGLE OF 10°40'31 “, SUBTENDED BY A CHORD OF 40.93 FEET AT A BEARING OF S.69°50'31“E., FOR A DISTANCE OF 40.99 FEET TO THE END OF SAID CURVE; THENCE RUN S.75°10'47”E., FOR A DISTANCE OF 60.12 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 74°19'06”, SUBTENDED BY A CHORD OF 96.65 FEET AT A BEARING OF S.38°01'14”E., FOR A DISTANCE OF 103.77 FEET TO THE END OF SAID CURVE; THENCE RUN S.00°51'41'E., FOR A DISTANCE OF 36.98 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 37.00 FEET, THROUGH A CENTRAL ANGLE OF 68°54'22”, SUBTENDED BY A CHORD OF 41.86 FEET AT A BEARING OF S.33°35'30'W., FOR A DISTANCE OF 44.50 FEET TO THE END OF SAID CURVE; THENCE RUN S.00°51'41“E., FOR A DISTANCE OF 6.00 FEET TO A POINT ON THE NORTH RIGHT-OFWAY LINE OF SAID BONITA BEACH ROAD; THENCE RUN S.89°08'19W., ALONG THE NORTH LINE OF SAID BONITA BEACH ROAD, FOR A DISTANCE OF 290.28 FEET TO THE POINT OF BEGINNING.
AND
PARCEL 4:
A PARCEL OF LAND LOCATED IN A PORTION OF LOTS 95 AND 96, ARROYAL ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 80 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 47 SOUTH, RANGE 25 EAST LEE COUNTY, FLORIDA; THENCE RUN N.00°40'02”W, ALONG THE WEST LINE OF SAID SECTION 33, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF BONITA BEACH ROAD, COUNTY ROAD 865, HAVING A RIGHT-OF-WAY OF VARYING WIDTH; THENCE RUN N.89°08'19”E., ALONG THE NORTH RIGHT-OF- WAY LINE OF SAID BONITA BEACH ROAD, FOR A DISTANCE OF 412.42 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00°51'41“W., FOR A DISTANCE OF 13.67 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.06°40'50”E., A DISTANCE OF 27.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 27.00 FEET, THROUGH A CENTRAL ANGLE OF 82°27'29”, SUBTENDED BY A CHORD OF 35.59 FEET AT A BEARING OF N.42°05'26”W. FOR ADISTANCE OF 38.86 FEET TO THE END OF SAID CURVE; THENCE RUN N.00°51'41 “W., FOR A DISTANCE OF 37.07 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 09°12'13”, SUBTENDED BY A CHORD OF 20.86 FEET AT A BEARING OF N.05°27'48”W., FOR A DISTANCE OF 20.88 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S.39°09'33”E., A DISTANCE OF 22.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 22.00 FEET, THROUGH A CENTRAL ANGLE OF 17°58'26”, SUBTENDED BY A CHORD OF 6.87 FEET AT A BEARING OF N.59°49'40”E., FOR A DISTANCE OF 6.90 FEET TO THE END OF SAID CURVE; THENCE RUN N.68°48'53”E., FOR A DISTANCE OF 46.34 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 55.00 FEET, THROUGH A CENTRAL ANGLE OF 20°19'26”, SUBTENDED BY A CHORD OF 19.41 FEET AT A BEARING OF N.78°58'36”E., FOR A DISTANCE OF 19.51 FEET TO THE END OF SAID CURVE; THENCE RUN N.89”08'19”E., FOR A DISTANCE OF 175.49 FEET; THENCE RUN N.01°25'19”W., FOR A DISTANCE OF 141.61 FEET; THENCE RUN N.89°10'20”E., FOR A DISTANCE OF 225.62 FEET; THENCE RUN N.00°34'23'W., FOR A DISTANCE OF 17.40 FEET TO A POINT ON THE NORTH LINE OF LOT 95, ARROYAL ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 PAGE 80 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE RUN N.89°09'00”E., ALONG THE NORTH LINE OF SAID LOT 96, FOR A DISTANCE OF 117.16 FEET; THENCE RUN S.01°25'19”E., FOR A DISTANCE OF 273.04 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BONITA BEACH ROAD; THENCE RUN S.89”08'19”W., ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID BONITA BEACH ROAD, FOR A DISTANCE OF 278.18 FEET; THENCE RUN S.01°19'34”E., ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID BONITA BEACH ROAD, FOR A DISTANCE OF 7.00 FEET; THENCE RUN S.89°08'19”W., ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID BONITA BEACH ROAD, FOR A DISTANCE OF 284.94 FEET TO THE POINT OF BEGINNING.
at public sale, to the highest and best bidder, for cash on December 5, 2011 at 9:00 a.m. eastern time at the following location: In an online sale at www.lee.realforeclose.com, beginning at 9:00 a.m. on the prescribed date.
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.
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: November 4, 2011
Charlie Green
Clerk of the Circuit Court
(SEAL) By: S. Hughes
Deputy Clerk
E. ASHLEY MCRAE, Esq.
CAREY, O'MALLEY,
WHITAKER & MUELLER, P.A.
712 S. Orange Avenue
Tampa, Florida 33606
813-250-0577
November 11, 18, 2011 11-06053L