12-3900H

FIRST INSERTION
NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT FOR HILLSBOROUGH COUNTY, FLORIDA.
CIVIL DIVISION
CASE NO. 10-7179 DIV G
UCN: 202010CA007179XXXXXX
DIVISION: G
RF - Section II
THE BANK OF NEW YORK
MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2005-59
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-59,
Plaintiff, vs.
RANDY A. HERNDON; et. al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order or Summary Final Judgment of foreclosure dated August 21, 2012 and entered in Case No. 10-7179 DIV G UCN: 202010CA007179XXXXXX of the Circuit Court in and for Hillsborough County, Florida, wherein THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2005-59 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-59 is Plaintiff and RANDY A. HERNDON; 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, PAT FRANK, Clerk of the Circuit Court, will sell to the highest and best bidder for cash at http://www.hillsborough.realforeclose.com at Hillsborough County, Florida, at 10:00 a.m. on the 8 day of October, 2012, the following described property as set forth in said Order or Final Judgment, to-wit:
THAT PART OF THE ABANDONED SEABOARD COASTLINE RAILROAD RIGHT OF WAY LYING NORTHEASTERLY OF HARVEY ROAD AND SOUTHWESTERLY OF HARNEY CANAL #136) IN THE NW 1/4 OF THE SE 1/4 OF SECTION 26, TOWNSHIP 28 SOUTH, RANGE 19 EAST, SAID PARCEL BEING THE NORTHERNMOST 200 FEET OF THE FOLLOWING DESCRIBED PARCEL. COMMENCE AT THE NE CORNER OF THE SAID NW 1/4 OF SAID SECTION 26, RUN THENCE S 1 DEG 13'07”W, ALONG THE EAST BOUNDARY OF THE SAID NW 1/4 OF THE SE 1/4 OF SECTION 26, A DISTANCE OF 321.50 FEET; THENCE N 76 DEG. 08'24'W, A DISTANCE OF 172.11 FEET TO THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE HARNEY CANAL AND THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID ABANDONED SEABOARD COASTLINE RIGHT OF WAY, THE P.O.B.; THENCE N 76 DEG. 08'24”W, ALONG THE SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE HARNEY CANAL, A DISTANCE OF 100.02 FEET; THENCE S 12 DEG. 42'12”W, A DISTANCE OF 622.86 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1156.57 FEET AND A DELTA OF 8 DEG. 44'13”; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, AND ARC DISTANCE OF 176.36 FEET, (CHORD DISTANCE AND BEARING OF 176.19 FEET, S 14 DEG. 04'21”W) TO THE EASTERLY RIGHT OF WAY LINE OF HARNEY ROAD; THENCE S 02 DEG. 08'43”E, ALONG SAID EASTERLY RIGHT OF WAY HARNEY ROAD, A DISTANCE OF 302.40 FEET TO A POINT ON A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1256.57 FEET AND A DELTA OF 21 DEG 31'50”; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ARC DISTANCE OF 472.19 FEET (CHORD DISTANCE AND BEARING OF 469.42 FEET, N 16 DEG 02'56”E); THENCE N 12 DEG. 42'12”E., A DISTANCE OF 620.84 FEET TO THE P.O.B.
AKA 7121 HARNEY ROAD, TAMPA., FL 33619
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 the Clerk of the Circuit Court, Circuit Civil Division, Room 530, Hillsborough County Courthouse, 800 Twiggs St., Tampa, Florida 33602, Telephone No. 276-8100, Ext. 4365 within two (2) working days of your receipt of this [notice]; if you are hearing or voice impaired, call 1-800-955-8771.
Pursuant to Florida Statute 45.031(2), this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least 5 days prior to the sale.
DATED at Tampa, Florida, on September 14, 2012.
SMITH, HIATT & DIAZ, P.A.
Attorneys for Plaintiff
PO BOX 11438
Fort Lauderdale, FL 33339-1438
Telephone: (954) 564-0071
Facsimile: (954) 564-9252
By: MICHAEL A. SHIFRIN
Florida Bar No. 0086818
1183-83906 RG..
September 21, 28, 2012 12-3900H