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FIRST INSERTION
AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA
CASE NUMBER: 2012 CA 174
WELLS FARGO BANK, N.A., as successor-by-merger to Wachovia Bank, N.A.,
Plaintiff, vs.
THE WOODS OF MOCCASIN WALLOW, LLC, a Florida limited liability company; et al.,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to a Final Judgment entered in the above-styled cause, in the Circuit Court of Manatee County, Florida, I will sell the property situated in Manatee County, Florida, described as:
See Exhibit A attached hereto and made a part hereof by reference as if fully set forth herein for legal description.
EXHIBIT “A”
PARCEL 1:
Commence at the Northwest corner of the Northeast quarter of the Northwest quarter of Section 21, Township 33 South, Range 18 East, Manatee County, Florida; thence South 00°52'51” West, along the West line of said Northeast quarter of the Northwest quarter, a distance of 164.38 feet to the South line of Moccasin Wallow Road for the Point of Beginning; thence South 89°33'49” East, along said line 607.83 feet; thence South 00°52'51” West, parallel to said West line of the Northeast quarter of the Northwest quarter a distance of 1176.18 feet; thence North 89°48'19” West, along the South line of said Northeast quarter of the Northwest quarter a distance of 607.82 feet to the Southwest comer of the said Northeast quarter of the Northwest quarter; thence North 00°52'51” East, along the aforementioned West line of the
Northeast quarter of the Northwest quarter a distance of 1178.74 feet to the Point of Beginning. The above lying in Section 21, Township 33 South, Range 18 East, Manatee County, Florida.
PARCEL 2:
That part of the Northeast 1/4 of the Southwest 1/4 and the Southwest 1/4 of the Southwest 1/4 lying West of I-75 of Section 21, Township 33 South, Range 18 East, Manatee County, Florida.
TOGETHER WITH:
The Southeast 1/4 of the Southeast 1/4 of Section 20, Township 33 South, Range 18 East, Manatee County, Florida.
LESS AND EXCEPT:
That part of the Southeast 1/4 of the Southeast 1/4 of Section 20, Township 33 South, Range 18 East, Manatee County, Florida, described as follows:
Begin at the Southeast comer of said Section 20; thence North 00°19'46” West along the East line of said Section 20 for 707.32 feet to a point on a curve that is concave to the Northwest, a tangent line through said point bears South 56°22'58” West; thence run Southwesterly along said curve having a radius of 4489.66 feet and a central angle of 18°29'38” for 1449.17 feet to the end of this portion of said curve; thence South 00°08'18” West, 103.68 feet to the South line of said Section 20; thence South 89°38'28” East along said line for 1318.66 feet to the Point of Beginning.
BEING FURTHER DESCRIBED AS FOLLOWS: (BY SURVEY)
The Southeast 1/4 of the Southeast 1/4 of Section 20, Township 33 South, Range 18 East, Manatee County, Florida.
LESS AND EXCEPT: That part of the said Southeast 1/4 of the Southeast 1/4 lying Southerly of the Northwesterly right-of-way line of State Road No. 93-A (I-75) as shown on Florida Department of Transportation Right-of-Way Maps.
ALSO LESS AND EXCEPT: That part said Southeast 1/4 of the Southeast 1/4 lying with the right right-of-way of Cecil Burnett Road as shown in Road Plat Book 9, Page 209, of the Public Records of Manatee County, Florida.
PARCEL 3:
The West 1/2 of the Northwest 1/4; that part of the Southeast 1/4 of the Northwest 1/4 lying West of I-75 and the Northwest 1/4 of the Southwest 1/4 of Section 21, Township 33 South, Range 18 East, Manatee County, Florida.
LESS AND EXCEPT from the above lands, that certain property being described as Parcel 100 as contained in that certain Order of Taking in favor of the Division of Administration, State of Florida Department of Transportation, recorded August 25, 1977 in Official Records Book 867, Page 438, of the Public Records of Manatee County, Florida.
Parcel 1, Parcel 2 and Parcel 3 are collectively also described as follows:
Commence at the Northwest comer of Section 21, Township 33 South, Range 18 East, Manatee County for a Point of Beginning; thence South 89°30'54” East along the North line of said Section 21; a distance of 606.20 feet; thence South 00°26'11” West along the Westerly line of lands described and recorded in Official Records Book 867, Page 440, Public Records of Manatee County, Florida, a distance of 165.04 feet; thence South 89°33'49” East along the Southerly line of said Official Records Book 867, Page 440 and the Easterly extension thereof, a distance of 1390.87 feet to the Northeast comer of lands described and recorded in Official Records Book 987, Pages 2953 and 2954 of the Public Records of Manatee County, Florida; thence South 00°52'51” West, along the East line of said land described in said Official Records Book 987, Page 2953 and 2954, a distance of 1176.18 feet to the Southeast comer of said lands described and recorded in Official Records Book 987, Pages 2953 and 2954 and the intersection with the South line of the Northeast 1/4 of the Northwest 1/4 of Section 21, Township 33 South, Range 18 East; thence South 89°48'19” East along said South line of the Northeast 1/4 of the Northwest 1/4, a distance of 649.58 feet to the intersection with the Westerly limited access right-of-way as described in Official Records Book 867, Page 438 of said Public Records of Manatee County, Florida; thence South 34°54'07”
West, along said limited access right-of-way line, a distance of 330.87 feet to the point of curvature a curve to the left having a radius of 8780.37 feet, through a central angle of 02°11 '14”; thence along the arc of said curve and said right-of-way, a distance of 335.18 feet to the point of tangency; thence South
32°42'53” West, along said limited access right-of-way, a distance of 951.96 feet; thence South 34°21'30” West along said limited access right-of-way, a distance of 712.64 feet; thence South 34°37'26” West, continuing along said limited access right-of-way, a distance of 250.73 feet to the point of curvature of a curve to the right having a radius of 4489.66 feet, through a central angle of 39°47'39”; thence along the arc of said curve, a distance of 3118.25 feet; thence North 15°34'55” West, along the Easterly line of an access road per Road Plat Book 9, Page 209, Public Records of Manatee County, Florida, a distance of 80.00 feet to a curve to the left having a radius of 4409.66 feet and a chord bearing of South 74°30'45” West, through a central angle of 00° 11' 19”; thence along the arc of said curve and the Northerly line of said access road, a distance of 14.52 feet; thence North 00°15'56” West along the occupied East line of the Southeast 1/4 of the Southeast 1/4 of Section 20, Township 33 South, Range 18 East by the East line of RICHARDS SUBDIVISION, Plat Book 1, Page 310, Public Records of Manatee County, Florida, a distance of 1192.07 feet; thence South 89°57'17” East, along the occupied North line of the Southeast 1/4 of the Southeast 1/4 of said Section 20, a distance of 1328.16 feet; thence North 00°07'47” East, along the West line of Section 21, Township 33 South, Range 18 East, a distance of 5400.28 feet to the Point of Beginning. Being and lying in Section 20 and 21, Township 33 South, Range 18 East, Manatee County, Florida.
LESS AND EXCEPT that portion lying within the above described lands conveyed to County of Manatee, a political subdivision by virtue of Warranty Deed, dated July 18, 2007 and recorded August 7, 2007 in Official Records Book 2220, Page 971, Public Records of Manatee County, Florida.
AND
LESS AND EXCEPT that portion lying within the above described lands conveyed to Woods Charter School Development, LLC, a Florida limited liability company by virtue of Special Warranty Deed, dated June 8, 2009 and recorded June 10, 2009 in Official Records Book 2301, Page 4595, Public Records of Manatee County, Florida.
AND
LESS AND EXCEPT All of Woods of Moccasin Wallow, Phase 1, according to map or plat recorded in Plat Book 52, Pages 109 through 116, inclusive, of the Public Records of Manatee County, Florida.
PARCEL 4:
All of Woods of Moccasin Wallow, Phase 1, according to map or plat recorded in Plat Book 52, Pages 109 through 116, inclusive, of the Public Records of Manatee County, Florida, less and except Lots 15, 16, 17, 80, 81, 82, 83, 84, 91, 98 and 99 of said subdivision.
at public sale, to the highest and best bidder, for cash, on the Internet, at www.manatee.realforeclose.com, at 11:00 a.m. on June 19, 2012.
The highest bidder shall immediately post with the Clerk, a deposit equal to 5% of the final bid. The deposit must be cash or cashier's check payable to the Clerk of the Circuit Court. Final Payment must be made on or before 5:00 p.m. of the date of the sale by cash or cashier's check.
Any person claiming an interest in surplus from the sale, if any, other than the property owner as of the date of the Lis Pendens must file a claim within sixty (60) days after the sale.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER representation AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE is ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT THE LOCAL LEGAL SERVICES LISTED BELOW TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT ONE OF THE SERVICES LISTED BELOW, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER THE RECEIPT OF THIS NOTICE.
Legal Aid of Manasota
1101 6th Avenue West
Bradenton, FL 34205
941-747-1628
www.gulfcoastlegal.org
OR Gulfcoast Legal Services
430 12th Street West
Bradenton, FL 34205
941-7 46-6151
www.gulfcoastlegal.org
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 the Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
DATED on May 21, 2012.
Thomas J. Seider, Esq.
As Officer of the Court
FOWLER WHITE BOGGS, P.A.
P.O. Box 1438
Tampa, FL 33601
Tel.: (813) 228-7411
Attorneys for Plaintiff
May 25; June 1, 2012 12-1440M