11-0845L

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR LEE COUNTY, FLORIDA,
CIVIL ACTION
CASE NO.: 2009-CA-058828
SUNTRUST MORTGAGE, INC.,
Plaintiff vs.
ELIZABETH F PEZZUTO, et al.
Defendant(s)
Notice is hereby given that, pursuant to an Order Amending Final Summary Judgment and Scheduling Foreclosure Sale filed September 13, 2011, entered in Civil Case Number 2009-CA-058828, in the Circuit Court for Lee County, Florida, wherein SUNTRUST MORTGAGE, INC. is the Plaintiff, and ELIZABETH PEZZUTO, et al., are the Defendants, Lee County Clerk of Court will sell the property situated in Lee County, Florida, described as:
SEE ATTACHED EXHIBIT “A”
EXHIBIT “A”
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 24 EAST AND BEING A PART OF TRACT #4 OF SOUTH POINTE SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 29 THROUGH 31 OF THE PUBLIC RECORDS OF SAID LEE COUNTY AND FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: (RESIDENCE - TRACT #167) SEE ATTACHED EXHIBIT A, B AND C EXHIBIT “A” EXHIBIT “A” SEE EXHIBIT “A-1” ATTACHED HERETO AND MADE A PART HEREOF; TOGETHER WITH AN EXCLUSIVE EASEMENT OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: SEE EXHIBIT “B” ATTACHED HERETO, LESS EXHIBIT “A-1” ATTACHED HERETO. SUBJECT TO: THE FEE TITLE TO WALKWAYS, RECREATIONAL AREAS, ROADWAY AND ANY OTHER COMMON AREAS, HAVE NOT BEEN DEDICATED OR ACCEPTED FOR PUBLIC USE RATHER SUCH AREAS ARE HEREBY DEDICATED FOREVER TO THE USE OF SOUTH POINTE SOUTH HOMEOWNERS ASSOCIATION, INC., ON BEHALF OF THE HOMEOWNERS OF SOUTH POINTE SOUTH AS IS MORE FULLY SET FORTH IN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO SOUTH POINTE SOUTH HOMEOWNERS ASSOCIATION, INC., DATED APRIL 8, 1980 AND ON RECORD IN OFFICIAL RECORD BOOK 1420, PAGES 1214 THROUGH 1235, AS AMENDED IN OFFICIAL RECORD BOOK 1425, PAGES 80 THROUGH 84 AND AN AMENDED IN OFFICIAL RECORD BOOK 1439, PAGES 1474 THROUGH 1478 AND OFFICIAL RECORD BOOK 1906, PAGE 2178 THROUGH 2181, OFFICIAL RECORD BOOK 2029, PAGE 3658 AND 3659, OFFICAL RECORD BOOK 2127, PAGE 1108 THROUGH 1391, OFFICIAL RECORD BOOK 2195, PAGE 4341, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. EXHIBIT A-1 DESCRIPTION OF A PARCEL OF LAND IN SOUTH POINTE SOUTH, SECTION 21, TOWNSHIP 45 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA. (RESIDENCE TRACT #167) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 24 EAST AND BEING A PART OF TRACT #4 OF SOUTH POINTE SUBDIVISION, AS RECORDED IN PLAT BOOK 33 AT PAGES 29-31 OF THE PUBLIC RECORDS OF SAID LEE COUNTY AND FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHEAST CORNER OF SAID TRACT #4; THENCE N 00 DEGREE 10` 43” W ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH POINTE BOULEVARD (100.00 FEET WIDE) FOR 325.98 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 1740.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 25 DEGREES 01` 55” FOR 760.18 FEET; THENCE S 89 DEGREES 49` 17” W ALONG A NON-TANGENT LINE TO SAID CURVE FOR 842.78 FEET; THENCE N 00 DEGREE 10` 43” W A DISTANCE OF 95.246 FEET; THENCE S 89 DEGREES 49` 17” W ALONG THE SOUTHERLY OF A ROADWAY AND DRAINAGE EASEMENT (20.00 FEET WIDE) FOR 5.50 FEET TO THE PRINCIPAL PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING S 89 DEGREES 49` 17” W ALONG SAID EASEMENT LINE FOR 22.00 FEET; THENCE S 22 DEGREES 12` 11” E ALONG THE OUTSIDE OF A CONCRETE DRIVEWAY FOR 8.00 FEET; THENCE S 00 DEGREE 10` 43” E ALONG SAID DRIVEWAY FOR 27.58 FEET TO AN INTERSECTION WITH THE OUTSIDE SURFACE OF A C.B.S. WALL; THENCE S 89 DEGREES 49` 17” W ALONG SAID WALL FOR 2.50 FEET; THENCE S 00 DEGREE 10` 43” E ALONG SAID WALL 22.67 FEET; THENCE S 89 DEGREES 49` 17” W ALONG SAID WALL FOR 27.00 FEET; THENCE S 00 DEGREE 10` 43” E ALONG SAID WALL FOR 27.33 FEET; THENCE N 89 DEGREES 49` 17” E ALONG SAID WALL FOR 7.00 FEET; THENCE S 00 DEGREE 10` 43” E ALONG THE OUTSIDE OF A CONCRETE PATIO FOR 10.00 FEET; THENCE N 89 DEGREES 49` 17” E ALONG SAID PATIO FOR 16.00 FEET; THENCE N 00 DEGREE 10` 43” W ALONG SAID PATIO FOR 10.00 FEET; THENCE N 89 DEGREES 49` 17” E ALONG THE AFORESAID C.B.S. WALL FOR 25.00 FEET; THENCE N 00 DEGREE 10` 43” W ALONG SAID WALL FOR 50.00 FEET; THENCE S 89 DEGREES 49` 17” W ALONG SAID WALL FOR 2.50 FEET; THENCE N 00 DEGREE 10` 43” W ALONG THE AFORESAID DRIVEWAY FOR 27.58 FEET; THENCE N 21 DEGREES 50` 45” E ALONG SAID DRIVEWAY FOR 8.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING. SAID PARCEL SUBJECT TO THE FOLLOWING DESCRIBED EASEMENTS: A FLORIDA CITIES WATER COMPANY EASEMENT OVER AND ACROSS THE NORTHERLY 10.00 FEET. A FLORIDA POWER AND LIGHT COMPANY EASEMENT OVER AND ACROSS THE SOUTHERLY 10.00 FEET OF THE NORTHERLY 20.00 FEET. A PUBLIC UTILITIES EASEMENT OVER AND ACROSS THE SOUTHERLY 5.75 FEET. EXHIBIT “B” DESCRIPTION OFA PARCEL OF LAND IN SOUTH POINTE SOUTH, SECTION 21, TOWNSHIP 45 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA. (TRACT #167) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 24 EAST AND BEING A PART OF TRACT #4 OF SOUTH POINTE SUBDIVISION, AS RECORDED IN PLAT BOOK 33 AT PAGE 30 OF THE PUBLIC RECORDS OF SAID LEE COUNTY AND FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHEAST CORNER OF SAID TRACT #4; THENCE N 00 DEGREE 10` 43” W ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH POINTE BOULEVARD (100.00 FEET WIDE) A DISTANCE OF 325.98 FEET TO THE BEGINNING OFA CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 1740 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 25 DEGREES 01` 55” A DISTANCE OF 760.18 FEET; THENCE S 89 DEGREES 49` 17” W ALONG A NON-TANGENT LINE TO SAID CURVE A DISTANCE OF 842.78 FEET TO THE PRINCIPAL PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING S 89 DEGREES 49` 17” W A DISTANCE OF 60.00 FEET; THENCE N 00 DEGREE 10` 43” W A DISTANCE OF 95.246 FEET; THENCE N 89 DEGREES 49` 17” E ALONG THE SOUTHERLY LINE OF A ROADWAY AND DRAINAGE EASEMENT (20.00 FEET WIDE) A DISTANCE OF 60.00 FEET; THENCE S 00 DEGREE 10` 43” E A DISTANCE OF 95.246 FEET TO THE PRINCIPAL PLACE OF BEGINNING. SAID PARCEL SUBJECT TO THE FOLLOWING DESCRIBED EASEMENT; A FLORIDA CITIES WATER COMPANY EASTMENT OVER AND ACROSS THE NORTHERLY 10.00 FEET. A FLORIDA POWER AND LIGHT COMPANY EASEMENT OVER AND ACROSS THE SOUTHERLY 10.00 FEET OF THE NORTHERLY 20.00 FEET. A PUBLIC UTILITY EASEMENT OVER AND ACROSS THE SOUTHERLY 6.00 FEET. EXHIBIT “C” TOGETHER WITH DESCRIPTION OF A PARCEL OF LAND IN SOUTH POINTE SOUTH, SECTION 21, TOWNSHIP 45 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA. (PATIO ADDITIONS FOR TRACT NO. 167) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 24 EAST AND BEING A PART OF TRACT NO. 4 OF SOUTH POINTE SUBDIVISION, AS RECORDED IN PLAT BOOK 33, PAGE 30 OF THE PUBLIC RECORDS OF LEE COUNTY AND FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHEAST CORNER OF SAID TRACT NO. 4; THENCE N 00 DEGREE 10` 43” W ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH POINTE BOULEVARD (100.00 FEET WIDE) FOR 325.98 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 1,740.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 25 DEGREES 01` 55” FOR 760.18 FEET; THENCE S 89 DEGREES 49` 17” W ALONG A NON-TANGENT LINE TO SAID CURVE FOR 870.78 FEET; THENCE N 00 DEGREE 10` 43” W FOR 0.246 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE N 00 DEGREE 10` 43” W FOR 10.00 FEET; THENCE S 89 DEGREES 49` 17” W FOR 3.00 FEET; THENCE S 00 DEGREE 10` 43” E FOR 10.00 FEET; THENCE N 89 DEGREES 49` 17” E FOR 3.00 FEET TO THE POINT OF BEGINNING TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: STARTING AT THE SOUTHEAST CORNER OF SAID TRACT NO. 4; THENCE N 00 DEGREE 10` 43” W ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH POINTE BOULEVARD (100.00 FEET WIDE) FOR 325.98 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 1,740.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 25 DEGREES 01` 55” FOR 760.18 FEET; THENCE S 89 DEGREES 49` 17” W ALONG A NON-TANGENT LINE TO SAID CURVE FOR 889.78 FEET; THENCE N 00 DEGREE 10` 43” W FOR 0.246 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE N 00 DEGREE 10` 43” W FOR 10.00 FEET; THENCE S 89 DEGREES 49` 17” W FOR 7.00 FEET; THENCE S 00 DEGREE 10` 43” E FOR 10.00 FEET; THENCE N 89 DEGREES 49` 17” E FOR 7.00 FEET TO THE POINT OF BEGINNING. SAID PARCELS SUBJECT TO A PUBLIC UTILITY EASEMENT OVER AND ACROSS THE SOUTHERLY 5.75 FEET. BEARINGS ARE BASED ON THE PLAT OF SOUTH POINTE SUBDIVISION
at public sale, to the highest and best bidder, for cash, at www.lee.realforeclose.com at 09:00 AM, on the 13 day of October, 2011. 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: September 13, 2011.
CHARLIE GREEN
Lee County Clerk of Court
CLERK OF THE CIRCUIT COURT
(SEAL) By: M. Parker
D.C.
FLORIDA FORECLOSURE
ATTORNEYS, PLLC
601 Cleveland Street, Suite 690
Clearwater, FL 33755
(727)446-4826
CA10-13389 /ME
September 23, 30 2011 11-0845L