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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.: 09-CA-070353
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE UNDER THE INDENTURE RELATING TO IMH ASSETS CORP., COLLATERALIZED
ASSET-BACKED BONDS, SERIES 2007-A,
Plaintiff, vs.
MAURICE O HAMILTON; BAXTER CREDIT UNION; HAZEL HAMILTON; UNKNOWN TENANT (S); IN POSSESSION OF THE SUBJECT PROPERTY,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order to Amend Final Judgment of Mortgage Foreclosure entered on July 23, 2010, Nunc Pro Tunc and Reset Foreclosure Sale Date dated the 31 day of July, 2012, and entered in Case No. 09-CA-070353, of the Circuit Court of the 20TH Judicial Circuit in and for Lee County, Florida, wherein DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE UNDER THE INDENTURE RELATING TO IMH ASSETS CORP., COLLATERALIZED ASSET-BACKED BONDS, SERIES 2007-A is the Plaintiff MAURICE O HAMILTON, BAXTER CREDIT UNION, HAZEL HAMILTON and UNKNOWN TENANT (S) IN POSSESSION OF THE SUBJECT PROPERTY are defendants. The Clerk of this Court shall sell to the highest and best bidder for cash electronically at www.Lee.realforeclose.com at, 9:00 AM on the 31 day of August, 2012, the following described property as set forth in said Final Judgment, to wit:
SEE ATTACHED EXHIBIT “A”
EXHIBIT A
A LOT OR PARCEL OF LAND LYING IN GOVERNMENT LOT 5, SECTION 18, TOWNSHIP 46 SOUTH, RANGE 22 EAST, SANIBEL ISLAND, LEE COUNTY, FLORIDA, WHICH LOT OR PARCEL IS DESCRIBED AS FOLLOWS:
FROM THE CONCRETE MONUMENT MARKING THE POINT OF INTERSECTION OF THE LINE BETWEEN RANGES 21 AND 22 EAST AS SURVEYED BY A.W. GILCHRIST WITH THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD NO. S-867, (SANIBEL-CAPTIVA ROAD) RUN S0Ëš16'10” W ALONG SAID RANGE LINE AND ALONG THE WESTERLY LINE OF A ROADWAY EASEMENT 66 FEET WIDE FOR 1011.76 FEET TO THE QUARTER SECTION CORNER ON THE LINE BETWEEN SECTIONS 13 AND 18 AS SURVEYED BY GILCHRIST; THENCE CONTINUE S Ëš16'10” W ALONG SAID RANGE LINE AND SAID WESTERLY LINE OF SAID ROADWAY EASEMENT FOR 469.94 FEET; THENCE RUN S 89Ëš43'50” W PERPENDICULAR TO SAID RANGE LINE, ALONG THE CENTERLINE OF A ROADWAY EASEMENT 50 FEET WIDE FOR 178.94 FEET TO A POINT OF CURVATURE; THENCE RUN EASTERLY AND SOUTHEASTERLY ALONG SAID CENTERLINE, ALONG THE ARC OF A CURVE OF RADIUS 115 FEET (CHORD BEARING S 71Ëš14'20” E) FOR 94.0 FEET TO A POINT OF TANGENCY; THENCE RUN S 42Ëš53'40” E ALONG SAID CENTERLINE FOR 329.03 FEET TO THE CENTER POINT OF A ROADWAY TURNAROUND OF RADIUS 50 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; FROM SAID POINT OF BEGINNING RUN S 42Ëš53'40” E PASSING THROUGH A POINT ON THE CIRCUMFERENCE OF SAID TURNAROUND AT 50 FEET, FOR 241.67 FEET TO AN INTERSECTION WITH THE AGREED BOUNDARY LINE AS DESCRIBED IN DEED RECORDED AT CLERKS FILE NO. 225689 OF THE PUBLIC RECORDS OF LEE COUNTY; THENCE RUN N 48Ëš15'20” E ALONG SAID AGREED BOUNDARY LINE FOR 225.05 FEET; THENCE RUN N 42Ëš53'40” W FOR 226.19 FEET; THENCE RUN S 47Ëš06'20” W FOR 179.18 FEET TO A POINT ON SAID CIRCUMFERENCE OF SAID TURNAROUND; THENCE RUN S 70Ëš41'00” W FOR 50 FEET TO THE POINT OF BEGINNING. SUBJECT TO AND TOGETHER WITH THE HEREINABOVE DESCRIBED EASEMENTS FOR ROADWAYS AND ROADWAY TURNAROUNDS. SUBJECT TO AN EASEMENT FOR PUBLIC UTILITIES OVER AND ACROSS A STRIP OF LAND 5 FEET WIDE LYING NORTHEASTERLY OF AND ADJACENT TO THE HEREINABOVE DESCRIBED ROADWAY TURN-AROUND. BEARINGS HEREINABOVE MENTIONED ARE PLANE COORDINATE FOR THE FLORIDA WEST ZONE. EXCEPTING THEREFROM THE FOLLOWING LANDS:
A LOT OR PARCEL OF LAND LYING IN GOVERNMENT LOT 5, SECTION 18, TOWNSHIP 46 SOUTH, RANGE 22 EAST, SANIBEL ISLAND, LEE COUNTY, FLORIDA, WHICH LOT OR PARCEL IS DESCRIBED AS FOLLOWS:
FROM THE CONCRETE MONUMENT MARKING THE POINT OF INTERSECTION OF THE LINE BETWEEN RANGES 21 AND 22 EAST AS SURVEYED BY A.W. GILCHRIST WITH THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. S-867 (SANIBEL-CAPTIVA ROAD), RUN S 0Ëš16'10” W ALONG SAID RANGE LINE AND ALONG THE WESTERLY LINE OF A ROADWAY EASEMENT 66 FEET WIDE FOR 831.69 FEET; THENCE RUN S 89Ëš43'50” E, PERPENDICULAR TO SAID RANGE LINE ALONG THE CENTERLINE OF A ROADWAY EASEMENT 50 FEET WIDE FOR 186.24 FEET TO A POINT OF CURVATURE; THENCE RUN EASTERLY AND SOUTHEASTERLY ALONG THE SAID CENTERLINE, ALONG THE ARC OF A CURVE TO THE RIGHT OF RADIUS 115 FEET FOR 94.0 FEET TO A POINT OF TANGENCY; THENCE RUN S 42Ëš53'40” E ALONG SAID CENTERLINE FOR 808.31 FEET TO THE CENTER POINT OF A ROADWAY TURN-AROUND OF RADIUS 50 FEET; THENCE RUN S 23Ëš31'40” W FOR 50 FEET TO A POINT ON THE CIRCUMFERENCE OF SAID TURNAROUND; THENCE RUN S 47Ëš06'20” W FOR 179.18 FEET TO THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING RUN S 42Ëš53'40” E FOR 226.19 FEET TO A POINT OF INTERSECTION WITH THE AGREED BOUNDARY LINE AS DESCRIBED IN DEED RECORDED IN CLERK'S FILE NO. 225689 OF THE PUBLIC RECORDS OF LEE COUNTY; THENCE RUN S 48Ëš15'20” W ALONG SAID AGREED BOUNDARY LINE FOR 100 FEET; THENCE RUN N 42Ëš53'40” W TO AN INTERSECTION WITH A LINE BEARING S 47Ëš06'20” W, PASSING THROUGH THE POINT OF BEGINNING; THENCE RUN N 47Ëš06'20” E FOR 100 FEET TO THE POINT OF BEGINNING. BEARINGS HEREINABOVE MENTIONED ARE PLANE COORDINATE FOR THE FLORIDA WEST ZONE. BEING THE EASTERLY 100 FEET OF LOTS 43 AND 44 OF UNRECORDED SUBDIVISION IN PART OF GOVERNMENT LOT 5, SECTION 18, TOWNSHIP 46 SOUTH, RANGE 22 EAST, LEE COUNTY, FLORIDA.
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.
Dated this 1 day of August, 2012.
CHARLIE GREEN
Clerk Of The Circuit Court
(SEAL) By: M. Parker
Deputy Clerk
Submitted by:
LAW OFFICES OF
MARSHALL C. WATSON, P.A.
1800 NW 49th Street, Suite 120
Fort Lauderdale, Florida 33309
Telephone: (954) 453-0365
Facsimile: (954) 771-6052
Toll Free: 1-800-441-2438
09-55757
August 10, 17, 2012 12-03934L