11-05787L

FIRST INSERTION
notice of SALE
CIRCUIT court of the 20th judicial circuit in and for lee county, florida
civil action
Case No. 09-CA-66264
Judge: J. Frank Porter
FIFTH THIRD BANK, a
successor in interest to First
National Bank of Florida,
Plaintiff, v.
GARDEN PARKWAY, LLC;
RONALD DAVIS; STEPHEN W. HAYWOOD; HARRY LOWELL; ROBERT D'ANDREA; DANIEL KELLY; TRIANGLE EQUITIES DEVELOPMENT COMPANY, LLC a/k/a TRIANGLE EQUITIES; and ALL UNKNOWN TENANTS
Defendants.
NOTICE IS HEREBY given as required by a Final Judgment of Foreclosure filed September 7, 2011 and entered in Case No. 09-CA-66264 of the County Court of the Twentieth Judicial Circuit in and for Lee County, Florida, where PINE ISLAND 32, LLC is the substitute plaintiff in place of FIFTH THIRD BANK, a successor in interest to First National Bank of Florida, is the Plaintiff and GARDEN PARKWAY, LLC; RONALD DAVIS; STEPHEN W. HAYWOOD; HARRY LOWELL; ROBERT D'ANDREA; DANIEL KELLY; TRIANGLE EQUITIES DEVELOPMENT COMPANY, LLC a/k/a TRIANGLE EQUITIES; and ALL UNKNOWN TENANTS. is the Defendant. I will sell to the highest bidder for cash beginning at 9:00 a.m. at www.lee.realforeclose.com in accordance with Section 45.031 Florida Statutes on the 7 day of October, 2011, the following described property in accordance with the Summary Final Judgment in Foreclosure:
Description of Parcel 1

West 1/2 of the Southwest 1/4 of the Northwest 1/4, lying North and West of Pine Island Road in Section 4, Township 44 South, Range 24 East, Lee County, Florida.

LESS the following described parcel:

A parcel of land for right of way purposes, situated in the Southwest 1/4 of the Northwest 1/4, Section 4, Township 44 south, Range 24 East, Lee County, Florida, and being more particularly described as follows:

Commencing at the Northwest corner of said Southwest 1/4 of the Northwest 1/4, Section 4, being a point on the east right of way line of NE 24th Avenue, thence South 05°12'39” E a distance of 623.13 feet along the west line of said Southwest 1/4 of the Northwest 1/4, Section 4, and east right of way line of NE 24th Avenue to the Point of Beginning; thence North 84°47'21” E, a distance of 2.00 feet, leaving said east right of way line, to the end of a curve, concave to the northeast, having a radius of 973.00 feet; thence along said curve to the left a distance of 354.83 feet, through a central angle of 20°53'41”, said curve is subtended by a chord which bears South 15°39'29” E a distance of 352.87 feet to a point of reverse curvature with a curve concave to the northeast having a radius of 30.0 feet; thence along said curve to the left a distance of 48.12 feet through a central angle of 91°53'46”, said curve is subtended by a chord which bears S 72°03'13” E a distance of 43.12 feet to the point of tangency, being a point on the north right of way line of State Road No. 78, also known as Pine Island Road; thence S 61°59'54” W a distance of 114.58 feet along the last described line, to an intersection with the west line of said Southwest 1/4 of Northwest 1/4, Section 4; thence N 05°12'39” W a distance of 408.36 feet along the last described line to the Point of Beginning.

Parcel ID No. 04-44-24-C1-00011.0000

Description of Parcel 2

The South 1/2 of the Northwest 1/4 of the Northwest 1/4 and that part of the East 1/2 of the Southwest 1/4 of the Northwest 1/4 lying Northwest of the right-of-way of Pine Island Road (State Road 78), all in Section 4, Township 44 South, Range 24 East, Lee County, Florida.

LESS AND EXCEPT:

Part of the Northwest 1/4 of Section 4, Township 44 South, Range 24 East, Lee County, Florida, being described as follows:

COMMENCING at the Northwest corner of Section 4, thence:

1. North 89°47'36” East, 1332.14 feet, along part of the North line of said Section 4, to the East line of the Northwest 1/4 of the Northwest 1/4 of Section 4, thence;

2. South 04°56'55” East, 677.55 feet, along said East line, to the North line of the South 1/2 of the Northwest 1/4 of the Northwest 1/4 of said Section 4, and to the TRUE POINT OF BEGINNING of the tract of land described herein, thence;

3. South 04°56'55” East, 1029.67 feet, along the aforesaid East line, to the Northerly R/W line of Pine Island Road (SR-78) (66' R/W), thence;

4. South 61°59'29” West, 325.63 feet, to the East side of a proposed 60' road R/W, thence;

5. North 04°56'55” West, 1182.54 feet, along the East side of a proposed 60' road R/W, to the North line of the South 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 4, thence;

6. North 89°52'56” East, 300.68 feet, along said line, to the TRUE POINT OF BEGINNING.

Parcel ID No. 04-44-24-C1-00011.0000
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 this 8 day of September, 2011.
CHARLIE GREEN
CLERK OF THE CIRCUIT COURT
Lee County Clerk of Court
(SEAL) By: S. Hughes
as Deputy Clerk
rojas & butcher, p.l.
6830 Porto Fino Circle, Ste. 2
Fort Myers, FL 33912
September 16, 23, 2011 11-05787L