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FIRST INSERTION
NOTICE OF ACTION
CONSTRUCTIVE SERVICE
IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CASE NO: 41-2012-CA-007542
DIVISION: D
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-62,
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-62,
Plaintiff, vs.
JOY FREEMAN, et a1.
Defendants.
TO: JOHN DESYLVESTER and UNKNOWN SPOUSE OF JOHN DESYLVESTER
whose residence is unknown if he/she/they be living; and If he/she/they be dead, the unknown defendants who may be spouses, heirs, devisees, grantees, assignees, lienors, creditors, trustees, and all parties claiming an interest by, through, under or against the Defendants, who are not known to be dead or alive, and all parties having or claiming to have any right, title or interest in the property described in the mortgage being foreclosed herein.
YOU ARE HEREBY NOTIFIED that an action to foreclose a mortgage on the following property in MANATEE County, Florida:
BEING A PART OF LOTS 441-442 AND 443, RIVERDALE REVISED, A SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 40, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA AND A PORTION OF THAT CERTAIN PARCEL OF LAND REFERRED TO IN ADMINISTRATIVE DETERMINATION 94-98 AND DESCRIBED IN VACATION OF CANAL (R-94-33V) RECORDED IN OFFICIAL RECORDS BOOK 1428, PAGES 86 THROUGH 89; PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 441 OF SAID RIVERDALE REVISED SUBDIVISION, SAID POINT ALSO BEING A POINT ON A CURVE TO THE RIGHT HAVING A RADIUS OF 1225.00 FEET, A CENTRAL ANGLE OF 02° 01' 55”, A CHORD BEARING OF SOUTH 72° 12' 21” WEST AND A CHORD DISTANCE OF 43.44 FEET; THENCE ALONG THE ARC OF SAID CURVE, ALSO BEING THE SOUTH RIGHT OF WAY LINE OF TARPON DRIVE (MAINSAIL DRIVE) A DISTANCE OF 43.45 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH RIGHT OF WAY, BEING A CURVETO THE RIGHT HAVING A RADIUS OF 1225.00FEET, A CENTRAL ANGLE OF 03Ëš 54' 42”, A CHORD BEARING OF SOUTH 75° 12' 40” WEST AND A CHORD DISTANCE OF 83.62 FEET, AN ARC DISTANCE OF 83.63 FEET THENCE SOUTH 12° 49' 59” EAST, A DISTANCE OF 83.62 FEET, AN ARC DISTANCE OF 83.63 FEET THENCE SOUTH 12° 49' 59” EAST, A DISTANCE OF 116.39 FEET; THENCE SOUTH 53° 29' 28” WEST, A DISTANCE OF 78.47 FEET TO THE SOUTHERLY CORNER OF LOT 443 OF SAID RIVERDALE REVISED; THENCE SOUTH 65° 06' 08” EAST, A DISTANCE OF 64.43 FEET; THENCE NORTH 62° 30' 40” EAST, A DISTANCE OF 119.30 FEET; THENCE NORTH 16° 44' 41” WEST, A DISTANCE OF 160.36 FEET TO THE POINT OF BEGINNING.
has been filed against you and you are required to serve a copy of your written defenses, if any, to it on TRIPP SCOTT, P.A., the Plaintiff's attorney, whose address is 110 S.E. 6th Street, 15th Floor, Fort Lauderdale, FL 33301, (no later than 30 days from the date of the first publication of this Notice of Action) 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 filed herein.
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.
WITNESS my hand and the seal of this Court at Manatee County, Florida, this 11 day of APRIL, 2013.
R.B. “CHIPS” SHORE
CLERK OF THE CIRCUIT COURT
(SEAL) BY Michelle Toombs
TRIPP SCOTT, P.A.
ATTN: FORECLOSURE
DEPARTMENT
110 S.E. 6TH STREET, 15TH FLOOR
FORT LAUDERDALE, FL 33301
[email protected]
File #: 12-014192
April 19, 26, 2013 13-01285M