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FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION
Case No. 11-CA-054826-JFP
FIFTH THIRD BANK, an Ohio banking corporation, as successor by merger to Fifth Third Bank, a Michigan banking corporation,
Plaintiff, -vs.-
SYNERGY CONTRACTORS, INC., a Florida corporation, SYNERGY PROPERTIES OF SWFL, INC., a dissolved Florida corporation, VERNE NIEVES, Individually and as Surviving Director of Synergy Properties of SWFL, Inc., NELSON C. NIEVES a/k/a NELSON NIEVES, Individually and as Surviving
Director of Synergy Properties of SWFL, Inc., UNKNOWN
TENANT #1, UNKNOWN TENANT #2, UNKNOWN TENANT #3 and UNKNOWN TENANT #4,
Defendants.
TO: VERNE NIEVES, Individually and as Surviving Director of Synergy Properties of SWFL, Inc., if living and if dead, all unknown parties claiming by, through under or against the named Defendant who are not known to be dead or alive whether said unknown parties claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees or other claimants against said Defendant
RESIDENCE: 623 S.E. 31st Terrace
Cape Coral, FL 33904-3550
LAST KNOWN MAILING ADDRESS: 623 S.E. 31st Terrace
Cape Coral, FL 33904-3550
YOU ARE NOTIFIED that an action to reform and foreclose a mortgage on the following real property in Lee County, Florida:
A tract or parcel of land in Betmar Park, unrecorded more particularly described as follows:
From the Southwest corner of the Northeast ¼ of the Southeast ¼ of Section 3, Township 44 South, Range 24 East, run North along the East side of Betmar Road a distance of 604.78 feet; thence run East along the North side of Rimshaw Street and a prolongation thereof 353.68 feet to the POINT OF BEGINNING of land herein described (said point of beginning lying 250.00 feet West of, measured along said North R/W line of Rimshaw Street the Westerly R/W of Touchstone Road). From said Point of Beginning run North 184.97 feet to the P.C. of a curve to the left having radius of 65.00 feet and an arc of 76.44 feet through a Delta Angle of 67Ëš22'45”; thence Northwesterly along said curve to the left 76.44 feet to the point of said curve; thence run North 29.98 feet on a line 275.00 feet North of (as measured on a perpendicular) and parallel to aforementioned Northerly R/W of Rimshaw Street; thence run West along said parallel line 258.16 feet to the Easterly R/W line of U.S. Highway No. 41 (a 200 foot R/W); thence S 40Ëš31'56” East along said R/W for 110.54 feet; thence N 83Ëš36'23” East, 110.12 feet along a fence line and the extension thereof; thence continuing along said wood fence North 64Ëš09'07” East, 13.57 feet; thence East 46.14 feet to the intersection with the aforementioned wood fence; thence along said fence S 47Ëš27'17” East, 21.62 feet thence continuing along said fence South 0Ëš45'55” East, 194.52 feet to the aforementioned North line of Rimshaw Street; thence East along the North line of Rimshaw Street 40 feet to the POINT OF BEGINNING; AND
A tract or parcel of land in Betmar Park, unrecorded more particularly described as follows:
From the Southwest corner of the Northeast ¼ of the Southeast ¼ of Section 3, Township 44 South, Range 24 East, run North along the East side of Betmar Road a distance of 604.78 feet; thence run East along the North side of Rimshaw Street and a prolongation thereof 353.68 feet to the POINT OF BEGINNING of land herein described (said point of beginning lying 250.00 feet West of, measured along said North R/W line of Rimshaw Street the Westerly R/W of Touchstone Road). From said Point of Beginning run North 184.97 feet to the P.C. of a curve to the left having radius of 65.00 feet and an arc of 76.44 feet through a Delta Angle of 67Ëš22'45”; thence Northwesterly along said curve to the left 76.44 feet to the point of said curve; thence run North 29.98 feet on a line 275.00 feet North of (as measured on a perpendicular) and parallel to aforementioned Northerly R/W of Rimshaw Street; thence run West along said parallel line 258.16 feet to the Easterly R/W line of U.S. Highway No. 41 (a 200 foot R/W); thence S 40Ëš31'56” East along said R/W for 110.54 feet; thence N 83Ëš36'23” East, 110.12 feet along a fence line and the extension thereof; thence continuing along said wood fence North 64Ëš09'07” East, 13.57 feet; thence East 46.14 feet to the intersection with the aforementioned wood fence; thence along said fence S 47Ëš27'17” East, 21.62 feet thence continuing along said fence South 0Ëš45'55” East, 194.52 feet to the aforementioned North line of Rimshaw Street; thence East along the North line of Rimshaw Street 40 feet to the POINT OF BEGINNING; AND
Beginning at the Southwest corner of the Northeast Quarter of the Southeast Quarter of Section 3, Township 44 South, Range 24 East, Lee County, Florida and thence running North along the East side of Betmar Boulevard, a distance of 604.78 feet; thence running East along the North side of Rimshaw Street and the prolongation thereof 478.68 feet to the POINT OF BEGINNING; thence North 275 feet; thence East 125 to the West line of Touchstone Road; thence South 275 feet; thence West 125 feet to the POINT OF BEGINNING; AND
All assets and all personal property now owned and hereafter acquired. All now owned and hereafter acquired inventory, equipment, fixtures, goods, accounts, chattel paper, documents, instruments, farm products, general intangibles, investment property, deposit accounts, letter of credit rights, payment intangibles, supporting obligations, software, and all rents, issues, profits, products and proceeds thereof, wherever any of the foregoing is located.
has been filed against you and you are required to serve a copy of your written defenses, if any, to it on JEFFREY W. LEASURE, Plaintiff's attorney, whose address is P.O. Box 61169, Fort Myers, Florida 33906-1169, 30 days after the first date of publication and file the original with the Clerk of this Court either before service on Plaintiff's attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the Complaint or petition.
DATED this 15 day of February, 2012.
CHARLIE GREEN
Clerk of Court
(SEAL) By: A. Marinell
Deputy Clerk
JEFFREY W. LEASURE
Plaintiff's Attorney
P.O. Box 61169
Fort Myers, Florida 33906-1169
March 2, 9, 2012 12-00949L