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FIRST INSERTION
NOTICE OF SALE
PURSUANT TO CHAPTER 45, FLORIDA STATUTES
IN THE CIRCUIT COURT OF THE TWELVTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO.: 2010-CA-008345-NC
RBC BANK (USA), a North Carolina banking corporation,
Plaintiff, v.
KOLLEEN E. GAETA AND
JOSEPH A. GAETA, JR., AS TRUSTEES OF THE KOLLEEN E. GAETA REVOCABLE TRUST U/A/D SEPTEMBER 4, 2001, GAETA DENTAL HEALTH
PROFESSIONALS, P.A., a
dissolved Florida corporation, KOLLEEN E. GAETA, individually, JOSEPH A. GAETA, JR.,
individually, ALAN J. DEVOS, D.M.D., ALAN J. DEVOS, D.M.D., P.A., a Florida corporation,
CELEBRITY SMILES DENTAL CARE, LLC, a Florida limited liability company, UNKNOWN TENANT(S) IN POSSESSION #1 and UNKNOWN TENANT(S) IN POSSESSION #2,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to Final Judgment of Foreclosure dated May 17, 2012 and a subsequent Orders of the Court dated June 14, 2012 entered in Case No. 10-CA-008345- NC of the Circuit Court of the Twelvth Judicial Circuit in and for Sarasota County, Florida wherein PNC BANK, National Association, successor by merger to RBC BANK (USA), f/k/a RBC CENTURA BANK., a North Carolina banking corporation Plaintiff, and KOLLEEN E. GAETA AND JOSEPH A. GAETA, JR., AS TRUSTEES OF THE KOLLEEN E. GAETA REVOCABLE TRUST U/A/D SEPTEMBER 4, 2001 and GAETA DENTAL HEALTH PROFESSIONALS, P.A., a dissolved Florida corporation, KOLLEEN E. GAETA, individually, JOSEPH A. GAETA, JR., individually, ALAN J. DEVOS, D.M.D., ALAN J. DEVOS D.M.D., P.A., a Florida corporation, CELEBRITY SMILES DENTAL CARE, LLC, a Florida limited liability company, UNKNOWN TENANT(S) IN POSSESSION #1 and UNKNOWN TENANT(S) IN POSSESSION #2 are Defendants the Clerk shall offer for sale to the highest and best bidder for cash at 9:00 O'clock a.m. on July 31, 2012 in an online Sale at www.sarasota.realforeclose.com in accordance with §45.031, Fla. Stat., and the Clerk of the Court's standard practices, the following described property as set forth in said Order or Final Judgment, to-wit:
SEE EXHIBIT “A”
Exhibit “A”
PARCEL 1(A):
A parcel of land lying in Section 22, Township 40 South, Range 22 East, Charlotte County, Florida, being more particularly described as follows:
Commencing at the intersection of the North line of said Section 22 and the West line of Elkom Waterway according to the record plat of “PORT CHARLOTTE SUBDIVISION SECTION ELEVEN” as recorded in Plat Book 4, pages 22A through 22E, of the public records of Charlotte County, Florida; thence South 00°41'21” West, along the said West line of Elkom Waterway, a distance of 1323.50 feet; thence North 89°18'39” West, a distance of 360.00 feet to the Easterly right-of-way line at Harbor Blvd. according to the description as recorded in Official Records Book 193, page 144, of the said Charlotte County Public Records; thence North 00°41'21” East, along said Easterly right-of-way line, a distance of 564.03 feet to the point of curvature of a curve to the left, having a radius of 540.00 feet; thence Northerly, along said Easterly right-of-way line and the arc of said curve through a central angle of 04°40'14” and a chord bearing of North 01°38'48” West, an arc distance of 44.02 feet to the Point of Beginning; thence continue Northerly along said Easterly right-of-way line and the arc of said curve, through a central angle of 10°47'32” and a chord bearing of North 09°22'30” West, an arc distance of 101.71 feet; thence South 89°18'39” East, a distance of 349.5 feet; thence South 00°41'21” West, a distance of 100.00 feet; thence North 89°18'39” West, a distance of 331.79 feet to the Point of Beginning, LESS the East 133.00 feet thereof.
Subject to an Easement for ingress and egress over and across the following described parcel:
A parcel of land lying in Section 22, Township 40 South, Range 22 East, Charlotte County, Florida, being the South 20 feet of the following described parcel:
Commencing at the intersection of the North line of said Section 22 and the West line of Elkom Waterway according to the record plat of “PORT CHARLOTTE SUBDIVISION SECTION ELEVEN” as recorded in Plat Book 4, pages 22A through 22E, of the public records of Charlotte County, Florida; thence South 00°41'21” West, along the said West line of Elkom Waterway, a distance of 1323.50 feet; thence North 89°18'39” West, a distance of 360.00 feet to the Easterly right-of-way line at Harbor Blvd. according to the description as recorded in Official Records Book 193, page 144, of the said Charlotte County Public Records; thence North 00°41'21” East, along said Easterly right-of-way line, a distance of 564.03 feet to the point of curvature of a curve to the left, having a radius of 540.00 feet; thence Northerly, along said Easterly right-of-way line and the arc of said curve through a central angle of 04°40'14” and a chord bearing of North 01°38'48” West, an arc distance of 44.02 feet to the Point of Beginning; thence continue Northerly along said Easterly right-of-way line and the arc of said curve, through a central angle of 10°47'32” and a chord bearing of North 09°22'30” West, an arc distance of 101.71 feet; thence South 89°18'39” East, a distance of 349.5 feet; thence South 00°41'21” West, a distance of 100.00 feet; thence North 89°18'39” West, a distance of 331.79 feet to the Point of Beginning, LESS the East 133.00 feet thereof.
PARCEL 1(B):
A parcel of land lying in Section 22, Township 40 South, Range 22 East, Charlotte County, Florida, being the East 133.00 feet of the following described parcel:
Commencing at the intersection of the North line of said Section 22 and the West line of Elkom Waterway according to the record plat of “PORT CHARLOTTE SUBDIVISION SECTION ELEVEN” as recorded in Plat Book 4, pages 22A through 22E, of the public records of Charlotte County, Florida; thence South 00°41'21” West, along the said West line of Elkom Waterway, a distance of 1323.50 feet; thence North 89°18'39” West, a distance of 360.00 feet to the Easterly right-of-way line at Harbor Blvd. according to the description as recorded in Official Records Book 193, page 144, of the said Charlotte County Public Records; thence North 00°41'21” East, along said Easterly right-of-way line, a distance of 564.03 feet to the point of curvature of a curve to the left, having a radius of 540.00 feet; thence Northerly, along said Easterly right-of-way line and the arc of said curve through a central angle of 04°40'14” and a chord bearing of North 01°38'48” West, an arc distance of 44.02 feet to the Point of Beginning; thence continue Northerly along said Easterly right-of-way line and the arc of said curve, through a central angle of 10°47'32” and a chord bearing of North 09°22'30” West, an arc distance of 101.71 feet; thence South 89°18'39” East, a distance of 349.5 feet; thence South 00°41'21” West, a distance of 100.00 feet; thence North 89°18'39” West, a distance of 331.79 feet to the Point of Beginning.
TOGETHER WITH the rights of Ingress and Egress over and across the following described parcel:
A parcel of land lying in Section 22, Township 40 South, Range 22 East, Charlotte County, Florida, being the South 20 feet of the following described parcel:
Commencing at the intersection of the North line of said Section 22 and the West line of Elkom Waterway according to the record plat of “PORT CHARLOTTE SUBDIVISION SECTION ELEVEN” as recorded in Plat Book 4, pages 22A through 22E, of the public records of Charlotte County, Florida; thence South 00°41'21” West, along the said West line of Elkom Waterway, a distance of 1323.50 feet; thence North 89°18'39” West, a distance of 360.00 feet to the Easterly right-of-way line at Harbor Blvd. according to the description as recorded in Official Records Book 193, page 144, of the said Charlotte County Public Records; thence North 00°41'21” East, along said Easterly right-of-way line, a distance of 564.03 feet to the point of curvature of a curve to the left, having a radius of 540.00 feet; thence Northerly, along said Easterly right-of-way line and the arc of said curve through a central angle of 04°40'14” and a chord bearing of North 01°38'48” West, an arc distance of 44.02 feet to the Point of Beginning; thence continue Northerly along said Easterly right-of-way line and the arc of said curve, through a central angle of 10°47'32” and a chord bearing of North 09°22'30” West, an arc distance of 101.71 feet; thence South 89°18'39” East, a distance of 349.5 feet; thence South 00°41'21” West, a distance of 100.00 feet; thence North 89°18'39” West, a distance of 331.79 feet to the Point of Beginning, LESS the East 133.00 feet thereof.
PARCEL 2:
Lots 3 and 4, Block B, COUNTRY CLUB ESTATES SUBDIVISION, UNIT NO. 1, according to the plat thereof recorded in Plat Book 5, page 29, of the public records of Sarasota 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.
In accordance with the Americans With Disabilities Act, persons needing a reasonable accommodation to participate in this proceeding should contact the Clerk of the Circuit Court no later than five business days prior to the proceeding at the Sarasota County Courthouse. Telephone 941-951-5220 (Sarasota) 941-492-3022 (Venice) or 1-800-955-8770 via Florida Relay Service.
Dated July 3, 2012.
ANGELO & BANTA, P.A.
Attorneys for Plaintiff
SunTrust Center, Suite 850
515 East Las Olas Boulevard
Suite 850
Fort Lauderdale, FL 33301
Telephone: 954-766-9930
Facsimile: 954-766-9937
By: ERIC EDISON for:
JAMES W. CARPENTER, ESQ
Florida Bar No.: 010379
July 13, 20, 2012 12-2546S