12-03137

FIRST INSERTION
RE-NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA.
CIVIL DIVISION
CASE NO. 09-022088-CI-07
UCN: 522009CA022088XXCICI
THE BANK OF NEW YORK
MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWMBS, INC., CHL
MORTGAGE PASS-THROUGH TRUST 2006-HYB 5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HYB5,
Plaintiff, vs.
DAVID J. BARRY III A/K/A DAVID J. BARRY; et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order or Summary Final Judgment of foreclosure dated June 7, 2011 and an Order Resetting Sale dated March 28, 2012 and entered in Case No. 09-022088-CI-07 UCN: 522009CA022088XXCICI of the Circuit Court of the Judicial Circuit in and for Pinellas County, Florida, wherein THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2006-HYB 5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HYB5 is Plaintiff and DAVID J. BARRY III A/K/A DAVID J. BARRY; MORNINGSIDE EAST, INC.; THE UNKNOWN SPOUSE OF DAVID J. BARRY III A/K/A DAVID J. BARRY; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, are Defendants, KEN BURKE, Clerk of the Circuit Court, will sell to the highest and best bidder for cash at online at www.pinellas.realforeclose.com at Pinellas County, Florida, at 10:00 a.m. on the 2nd day of May 2012, the following described property as set forth in said Order or Final Judgment, to-wit:
UNIT 26, IN BUILDING F, MORNINGSIDE EAST III, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM AND RELATED DOCUMENTS AS RECORDED IN O.R. BOOK 4919, PAGES 1671 THROUGH 1724, AS AMENDED, AND THE PLAT THEREOF RECORDED IN CONDOMINIUM PLAT BOOK 37, PAGES 16 THROUGH 20, ALL IN THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIGA; TOGETHER WITH AN UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO.
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. WITHIN TWO (2) WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE, PLEASE CONTACT THE OFFICE OF HUMAN RIGHTS, 400 S. FT. HARRISON AVE., SUITE 500, CLEARWATER, FL 33756. (727) 464-4062 (V/TDDO).
DATED at Clearwater, Florida, on April 9, 2012.
SMITH, HIATT & DIAZ, P.A.
Attorneys for Plaintiff
PO BOX 11438
Fort Lauderdale, FL 33339-1438
Telephone: (954) 564-0071
Facsimile: (954) 564-9252
By: SARAH M. STEMER
Florida Bar No. 0087595
1183-77842 CCP
April 13, 20, 2012 12-03137