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FIRST INSERTION
NOTICE OF JUDICIAL SALE
PURSUANT TO SECTION 45.031(1) OF THE FLORIDA STATUTES
IN THE TWENTIETH JUDICIAL CIRCUIT COURT, IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 11-CA-003882
IBERIABANK, as successor
in interest to ORION BANK,
Plaintiff, vs.
DANIEL M. KELLY, TRUSTEE OF THE ALICO RD 8.8 ACRE LAND TRUST AGREEMENT DATED JUNE 22, 2006 AS AMENDED AND RESTATED BY THE AMENDED AND RESTATED ALICO RD 8.8 ACRE LAND TRUST AGREEMENT DATED NOVEMBER 20, 2008
Defendants.
TO WHOM IT MAY CONCERN:
Notice is hereby given that pursuant to the Final Judgment on Foreclosure entered on March 23, 2012 and the Order Granting Plaintiff's Motion to Reset Judicial sale entered on April 24, 2012 in Case No. 11-CA-003882 of the Circuit Court of the Judicial Circuit for Lee County, Florida, in which IBERIABANK, substituted as Plaintiff in place of Orion Bank and Defendant Daniel M. Kelly, Trustee of the Alico Rd 8.8 Acre Land Trust Agreement Dated June 22, 2006 is Defendant, I, Clerk of the Circuit Court, Lee County, Florida, will sell at public sale the following described real property:
See Exhibit “A”
Exhibit A
Parcel 1:
A parcel of land lying in the Southeast quarter (SE ¼) of Section 5, Township 46 South, Range 25 East, Lee County, Florida described as follows:
Commencing the Southwest corner of said Southeast quarter (SE 1/4) of said section 5, thence run North 89º 48' 25” East, along the South line of Southeast quarter (SE ¼) of said Section 5, a distance of 662.46 feet; thence run North 00 º 29' 03” West, a distance of 50.00 feet to the Southwest corner of a parcel of land described in Official Records Book 2097, Page 1963, of the Public Records of Lee County, Florida, and a point on the Northerly right-of-way line of Alico Road (100 foot wide) and the point of beginning of the parcel of land herein described; thence continue North 00 º 29' 03” West along the Westerly line of said parcel of land described in Official Records Book 2097, Page 1963, of the Public Records of Lee County, Florida a distance of 771.01 feet; thence North 89 º 48' 25” East, a distance of 240.07 feet to a point on the Easterly line of said parcel of land as described in the Official Records Book 2097, Page 1963 of the Public Records of Lee County, Florida; thence South 0 º 29' 30” East, along said Easterly line, a distance of 771.01 feet to the Southeast corner of said parcel of land as described in Official Records Book 2097, Page 1963 of the Public Records of Lee County, and a point on the Northerly right-of-way line of said Alico Road (100 foot wide); thence South 89 º 48' 25” West along the Southerly line of said parcel of land and the North line of said Alico Road (100 foot wide); a distance of 240.17 feet to the point of the beginning.
Parcel 2:
A parcel of land lying in the Southeast quarter (SE ¼) of Section 5, Township 46 South, Range 25 East, Lee County, Florida described as follows:
From the Southwest corner of said Southeast Quarter (SE ¼) of said Section 5, run North 89 degrees 48 minutes 25 seconds East, along the South line of said Southeast quarter (SE ¼) of said Section 5, 902.63 feet; thence North 0 degrees 29 minutes 30 seconds West, 150.00 feet to the Point of Beginning of this parcel; thence continue North 0 degrees 29 minutes 30 seconds West 330.00 feet; thence North 89 degrees 48 minutes 25 seconds East 660.00 feet; thence South 0 degrees 29 minutes 30 seconds East 330.00 feel; thence South 89 degrees 48 minutes 25 seconds West 660.00 feet to the Point of Beginning.
Less and Except the Northeast Quarter (NE %) of the above described property.
OVERALL COMBINED PARCEL:
(OVERALL COMBINED PARCEL)
A PARCEL OF LAND LYING IN THE SOUTHEAST (SE 1/4) QUARTER OF
SECTION 5, TOWNSHIP 46 SOUTH, RANGE 25 EAST, LEE COUNTY, FLONDA,
DESCRIBED AS FOLLOW:
COMMENCING THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER (SE ¼) OF SAID SECTION 5, THENCE RUN NORTH 89 º 48' 25” EAST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER (SE ¼) OF SAID SECTION 5, 902.63 FEET; THENCE RUN NORTH 00 º 29' 30” WEST A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED: THENCE CONTINUE NORTH 00 º 29' 30” WEST A DISTANCE OF 100.00 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED OFFICIAL RECORDS BOOK 4667, PAGE 3526 OF THE PUBLIC RECORDS OF LEE COUNTY FORIDA; THENCE NORTH 89 º 48' 25” EAST ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 616.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL AND A POINT FROM THE EAST LINE OF THE ROADWAY EASEMENT AS DESCRIBED IN OFFICIAL RECORD BOOK 1042, PAGE 1198 OF THE PUBLIC RECORDS OF LEE COUNTY FLORIDA; THENCE NORTH 00 º 29' 30” WEST ALONG SAID EAST LINE OF ROADWAY EASEMENT AND THE EAST LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4667, PAGE 3526, A DISTANCE OF 165.00 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL AND TO THE SOUTHEAST CORNER OF A PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 2851, PAGE 2956 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE RUN SOUTH 89 º 48' 25” WEST ALONG SAID NORTH LINE, A DISTANCE OF 330.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2651 PAGE 2956; THENCE NORTH 00 º 29' 30” WEST, ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 165.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND SAID POINT ALSO BEING A POINT ON THE SOUTH LINE OF A PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 3202, PAGE 1306 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE SOUTH 89 º 46' 25” WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 330.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL AND A POINT ON THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2097, PAGE 1962 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE NORTH 00 º 29' 30” WEST, ALONG THE EAST LINE OF SAID PARCEL, A DISTANCE OF 841.01 FEET, THENCE SOUTH 89 º 48' 25” WEST 240.07 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL; THENCE SOUTH 00 º 29' 03” EAST ALONG THE WEST LINE OF SAID PARCEL A DISTANCE OF 771.01 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89 º 48' 25” EAST ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 240.17 FEET TO THE POINT OF BEGINNING; CONTAINING 8.00 ACRES, MORE OR LESS
The sale will be held on June 1, 2012 at 9:00 a.m. EST to the highest and best bidder for cash, in an online sale at www.lee.realforeclose.com on the prescribed date in accordance with Section 45.031 of the Florida Statutes.
Dated April 27, 2012
CHARLIE GREEN
LEE CO. CLERK OF
CIRCUIT COURT
(SEAL) By: M. PARKER
As Deputy Clerk
May 4, 11, 2012 12-02169L