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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR CHARLOTTE COUNTY
CIVIL DIVISION
CASE NO. 08-2009-CA-003314
U.S. BANK, NA AS TRUSTEE FOR CCB LIBOR SERIES 2006-2 TRUST,
Plaintiff, vs.
THERESE SZARZYNSKI; UNKNOWN SPOUSE OF THERESE SZARZYNSKI; IF LIVING, INCLUDING ANY UNKNOWN SPOUSE OF SAID DEFENDANT(S), IF REMARRIED, AND IF DECEASED, THE RESPECTIVE UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, CREDITORS, LIENORS, AND TRUSTEES, AND ALL OTHER PERSONS CLAIMING BY, THROUGH, UNDER OR AGAINST THE NAMED DEFENDANT(S); COLONY DON PEDRO PROPERTY OWNERS' ASSOCIATION, INC. A/K/A COLONY DON PEDRO I-III P.O.A.; WHETHER DISSOLVED OR PRESENTLY EXISTING, TOGETHER WITH ANY GRANTEES, ASSIGNEES, CREDITORS, LIENORS, OR TRUSTEES OF SAID DEFENDANT(S) AND ALL OTHER PERSONS CLAIMING BY, THROUGH, UNDER, OR AGAINST DEFENDANT(S); UNKNOWN TENANT #1 ; UNKNOWN TENANT #2 ;
Defendant(s)
Notice is hereby given that, pursuant to a Final Summary Judgment of Foreclosure entered in the above-styled cause, in the Circuit Court of Charlotte County, Florida, I will sell the property situate in Charlotte County, Florida, described as:
EXHIBIT “A”
Lot (Unit) 7, COLONY DON PEDRO, PHASE I, as shown on the surveyor's sketch prepared by Craven-Thompson Associates, Inc., dated March 31, 1982 attached hereto, more particularly described on Exhibit “A” attached hereto and made a part hereof, together with improvements thereon; and a one-twentieth (1J20th) tenant in common interest in the common area shown on said survey sketch, which common area is more particularly described on Exhibit “B” attached hereto; together with a perpetual non-exclusive pedestrian access easement over and across the real property described on Exhibit “C” attached hereto.
EXHIBIT “A”
A parcel of land lying with Lots 26 through 30, inclusive, Block A, PALM ISLAND ESTATES, UNIT NO. 4, a subdivision as recorded in Plat Book 4, Pages 13A through 13E, inclusive, of the Public Records of Charlotte County, Florida, said parcel being more specifically described as follows:
Commence at the most Northerly corner of Lot 26, Block A; thence South 52°56'08” West along the Northwesterly lot line of said Lot 26, a distance of 69 feet; thence South 37°03'52” East, parallel with the Southwesterly Right-of-Way line of said South Gulf Boulevard as shown on said Palm Island Estates, Unit No. 4, a distance of 141 feet to the POINT OF BEGINNING. Thence continue South 37'03'52” East, along said parallel line a distance of 21.50 feet; thence South 52°56'08” West, along a line parallel to the Northerly lot line of said Lot 26, a distance of 221 feet, more or less to a point on the Mean High Water Line of the Gulf of Mexico; thence Northwesterly, along said Mean High Water Line, a distance of 22 feet, more or less, to the intersection thereof with a line which bears South 52°56'08” West, from the POINT OF BEGINNING; thence North 52°56'08” East, a distance of 220 feet, more or less, to the POINT OF BEGINNING. Bearings are based on the Coastal Construction Set Back Line as established by the Florida Department of Natural Resources.
EXHIBIT “B”
COLONY DON PEDRO, PHASE 1 COMMON AREA:
A parcel of land lying within Lots 26 through 30, inclusive, Block A, PALM ISLAND ESTATES, UNIT NO. 4, a subdivision as recorded in Plat Book 4, Pages 13A through 13E, inclusive, of the Public Records of Charlotte County, Florida, said parcel being more specifically described as follows: Begin at the most Northerly corner of Lot 26, Block A; thence bear South 37°03'52” East, along the Southwesterly Right-of-Way line of South Gulf Boulevard shown on said Palm Island Estates, Unit No. 4, a distance of 200 feet to a point on the Northwesterly perimeter of a S foot private easement shown on said Palm Island Estates, Unit No. 4; thence South 52°56'08” West, along said perimeter line, a distance of 69 feet, thence North 37°03'52” West and parallel with said Southwesterly Right-of-Way line a distance of feet; thence North 52°56'08” East, a distance of 5 feet; thence North 37°03'52” West, and parallel with said Southwesterly Right-of¬Way line, a distance of 141 feet to a point on the Northwesterly line of Lot 26; thence North 52°56'08” East, along said Northwesterly line, a distance of 64 feet to the POINT OF BEGINNING.
TOGETHER”With the following described parcel:
Begin at the most Northerly corner of said Lot 28; thence bear South 37°03'52” East along the Southwesterly Right-of-Way line of South Gulf Boulevard shown on said Palm Island Estates, Unit No. 4, a distance of 300 feet to the most Easterly corner of said Lot 30; thence South 52°56'08” West, along the Southeasterly lot line of said Lot 30, a distance of 76 feet; thence North 37°03'52” West and parallel with said Southwesterly Right-of-Way, a distance of 250 feet; thence North 52°56'08” East, a distance of 7 feet; thence North 37°03'52” West and parallel with said Southwesterly Right-of-Way line, a distance of 59 feet to a point on the Southeasterly perimeter line of a 5 foot private easement as shown on said Palm Island Estates, Unit No. 4; thence North 52°56'08” East, along said Southeasterly perimeter line, a distance of 69 feet to the POINT OF BEGINNING.
Bearings are based on the Coastal Construction Set Back Line as established by the Florida Department of Natural Resources.
EXHIBIT “C”
WALKWAY, DOCK, INGRESS & EGRESS EASEMENT:
A parcel of land being 25 feet in width bounded on the North by the Northerly line of Lot 31, Block B, PALM ISLAND ESTATES, UNIT NO. 4, recorded in Plat Book 4, Pages 13A through 13E, inclusive, of the Public Records of Charlotte County, Florida, bounded on the South by the Southerly line of Lot 36, Block B., of said plat, bounded on the East by the Easterly line of Lots 31, 32, 33, 34, 35, and 36, Block B, of said plat and bounded on the West by a line 25 feet Westerly of and parallel with the Easterly line of Lots 31, 32, 33, 34, 35, and 36, Block B, of said plat.
WALKWAY, INGRESS & EGRESS EASEMENT:
The Northerly 15 feet of Lot 31, Block B, PALM ISLAND ESTATES, UNIT NO. 4, according to the plat thereof, recorded in Flat Book 4, Pages 13A through 13E, inclusive, of the Public Records of Charlotte County, Florida, said 15 feet being measured normal to the Northerly line of said Lot 31.
WALKWAY, INGRESS & EGRESS EASEMENT:
The Southerly 15 feet of Lot 36, Block B, PALM ISLAND ESTATES, UNIT NO. 4, according to the plat thereof, recorded in Plat Book 4, Pages 13A through 13E, inclusive, of the Public Records of Charlotte County, Florida, said 15 feet being measured normal to the Southerly line of said Lot 36.
A/K/A
301 S Gulf Blvd
Placida, FL 33946
at public sale, to the highest and best bidder, for cash, www.charlotte.realforeclose.com at 11:00 AM, on April 12, 2013.
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 Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, 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.
Witness, my hand and seal of this court on the 20th day of December, 2012.
Barbara Scott
Clerk of the Circuit Court
(SEAL) By: C. L. G.
Deputy Clerk
THIS INSTRUMENT
PREPARED BY:
Law Offices of Daniel C. Consuegra
9204 King Palm Drive
Tampa, FL 33619-1328
Attorneys for Plaintiff
Dec. 28, 2012; Jan. 4, 2013 12-0498T