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FIRST INSERTION
RE-NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT FOR
COLLIER COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.
112009CA007822XXXXXX
THE BANK OF NEW YORK
MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OA17,
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2006-OA17,
Plaintiff, vs.
ALEXANDER OLIVERA; et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order or Summary Final Judgment of foreclosure dated June 21, 2010 and an Order Resetting Sale dated October 15, 2012, and entered in Case No. 112009CA007822XXXXXX of the Circuit Court in and for Collier County, wherein THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OA17, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA17 is Plaintiff and ALEXANDER OLIVERA; MARIA LYNN ESPINOSA; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICA'S WHOLESALE LENDER MIN NO. 1000157-0007230466-6; UNITED STATES OF AMERICA; CITIBANK (SOUTH DAKOTA), NA; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, are Defendants, I will sell to the highest and best bidder for cash at the atrium on the 1st Floor of the Courthouse Annex, Collier County Courthouse, 3315 Tamiami Trail East, Naples, Florida 34112, at Collier County, Florida, at 11:00 a.m. on the 13 day of November, 2012, the following described property as set forth in said Order or Final Judgment to wit:
THE SOUTHERLY PORTION OF TRACT 28, GOLDEN GATE ESTATES UNIT NO. 27 AS RECORDED IN PLAT BOOK 7, PAGES 17 AND 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 28 RUN NORTH 00-19'-10” EAST 264.00 FEET; THENCE RUN NORTH 45-19'04” EAST 197.99 FEET; THENCE RUN SOUTH 89-40'-50” EAST 75.00 FEET; THENCE RUN SOUTH 44-41'-01” EAST 162.64 FEET; THENCE RUN SOUTH 00-19'-10” WEST 289.00 FEET TO THE CENTER LINE OF 1ST AVE. SW; THENCE RUN NORTH 89-40'-50” WEST ALONG SAID CENTERLINE 330.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.68 ACRES
ALSO SUBJECT TO A 20 FOOT WIDE EASEMENT FOR UTILITIES, INGRESS AND EGRESS AS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 28 RUN NORTH 00-19'-10” EAST 30 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE NORTH 00-19'-10” EAST 510.00 FEET; THENCE RUN SOUTH 89-40'-50” EAST 150.00 FEET; THENCE RUN SOUTH 00-19'-10” WEST 20.00 FEET; THENCE RUN NORTH 89-40'-50” WEST 130.00 FEET; THENCE RUN SOUTH 00-19'-10” WEST 490.00 WEST; THENCE RUN NORTH 89-40'-50” WEST 20 FEET TO THE POINT OF BEGINNING.
AND
THE SOUTHERLY portion of tract 28, golden gate estates unit no. 27 AS RECORDED IN PLAT BOOK 7, PAGES 17 AND 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 28 RUN NORTH 00-19'-10” EAST 264.00 FEET; THENCE RUN NORTH 45-19'-04” EAST 197.99 FEET; THENCE RUN SOUTH 89-40'-50” EAST 75.00 FEET; THENCE RUN SOUTH 44-41'-01” EAST 162.64 FEET; THENCE RUN SOUTH 00-19'-10” WEST 289.00 FEET TO THE CENTER LINE OF 1ST AVE. SW; THENCE RUN NORTH 89-40'-50” WEST ALONG SAID CENTERLINE 330.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.68 ACRES
ALSO SUBJECT TO A 20 FOOT WIDE EASEMENT FOR UTILITIES, INGRESS AND EGRESS AS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 28 RUN NORTH 00-19'-10” EAST 30 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE NORTH 00-19'-10” EAST 510.00 FEET; THENCE RUN SOUTH 89-40'-50” EAST 150.00 FEET; THENCE RUN SOUTH 00-19”-10” WEST 20.00 FEET; THENCE RUN NORTH 89-40'-50” WEST 130.00 FEET; THENCE RUN SOUTH 00-19'-10” WEST 490.00 WEST; THENCE RUN NORTH 89-40'-50” WEST 20 FEET TO THE POINT OF BEGINNING.
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 John Carter, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (239) 252-8800, 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.”
DATED at Naples, Florida, on October 16, 2012.
DWIGHT E. BROCK
As Clerk, Circuit Court
By: Lynne Batson
As Deputy Clerk
SMITH, HIATT & DIAZ, P.A.
Attorneys for Plaintiff
PO BOX 11438
Fort Lauderdale, FL 33339-1438 Telephone: (954) 564-0071
1183-72445 CCP
Oct. 26; Nov. 2, 2012 12-3652C