11-05751L

FIRST INSERTION
RE-NOTICE OF
FORECLOSURE SALE
in the circuit court of the 20th judicial circuit, in and for lee county, florida
civil division
CASE NO. 08-CA-024542
THE BANK OF NEW YORK
MELLON, AS SUCCESSOR TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST 2005-4
Plaintiff, vs.
YVON PLANCHER;
SHERRY SUE PLANCHER; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR NOVASTAR MORTGAGE, INC.; FOXMOOR LAKES MASTER ASSOCIATON, INC.; UNKNOWN PERSON(S) IN POSSESSION OF THE SUBJECT PROPERTY;
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order Rescheduling Foreclosure Sale filed September 1, 2011, and entered in Case No. 08-CA-024542, of the Circuit Court of the 20th Judicial Circuit in and for LEE County, Florida. THE BANK OF NEW YORK MELLON, AS SUCCESSOR UNDER NOVASTAR MORTGAGE FUNDING TRUST 2005-4 is Plaintiff and YVON PLANCHER; SHERRY SUE PLANCHER; UNKNOWN PERSON(S) IN POSSESSION OF THE SUBJECT PROPERTY; MORTGAGE ELECTRONIC REGISTRSTION SYSTEMS, INC., AS NOMINEE FOR NOVASTAR MORTGAGE, INC.; FOXMOOR LAKES MASTER ASSOCIATION, INC.; are defendants. I will sell to the highest and best bidder for cash on the 3 day of October, 2011, at: www.lee.realforeclose.com, the Clerk's website for online auctions at 9:00 a.m., the following described property as set forth in said Final Judgment, to wit:
SEE EXHIBIT “B” ATTACHED

Exhibit “B”

DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 36, T-43-S, R-24-E
LEE COUNTY, FLORIDA
(FOXMOOR LAKES, PHASE II, BUILDING # 28, UNIT A)
(REVISED)

A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, BEING A PART OF SECTION 36, TOWNSHIP 43 SOUTH, RANGE 24 EAST, AND FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:

STARTING AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE QUARTER (SE 1/4) OF SAID SECTION 36; THENCE S 89Ëš 21' 53” E ALONG THE SOUTHERLY LINE OF SAID SECTION 36 FOR 757.50 FEET; THENCE N 00Ëš 38' 07” E FOR 1406.85 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 350.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS N 20Ëš 39' 18” E SAID CURVE BEING THE NORTHEASTERLY RIGHT-OF-WAY LINE OF NEW POST ROAD (100.00 FEET WIDE, RECORDED IN OFFICIAL RECORDS BOOK 1129 AT PAGE 1687 OF THE PUBLIC RECORDS OF SAID LEE COUNTY; THENCE N 56Ëš 01' 45” E ALONG A NON-TANGENT LINE TO SAID CURVE FOR 662.88 FEET; THENCE S 43Ëš 29' 22” E FOR 169.01 FEET; THENCE N 46Ëš 30' 38” E FOR 106.50 FEET TO THE CENTER POINT OF BUILDING #28 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED UNIT A ; THENCE N 43Ëš 29' 22” W FOR 36.00 FEET; THENCE S 46Ëš 30' 38” W FOR 40.00 FEET; THENCE S 43Ëš 29' 22” E FOR 36.00 FEET; THENCE N 46Ëš 30' 38” E FOR 40.00 FEET; THENCE S 43Ëš 29' 22” E FOR 36.00 FEET; THENCE N 46Ëš 30' 38” E FOR 40.00 FEET TO THE POINT OF BEGINNING.
A 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 this 1 day of September, 2011.
CHARLIE GREEN
As Clerk of said Court
(SEAL) By M. Parker
As Deputy Clerk
KAHANE & ASSOCIATES, P.A.
8201 Peters Road, Ste.3000
Plantation, FL 33324
Telephone: (954) 382-3486
Telefacsimile: (954) 382-5380
File No. 08-05790 SMSI
September 16, 23, 2011 11-05751L