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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 09-1107-CA
ORION BANK, a Florida corporation,
Plaintiff, v.
PALMETTO PLANTATION PUNTA
GORDA, LLC, f/k/a RIVA DEL SOLE, LLC, a limited liability company, JONATHAN P. MASON, individually, R. JEFFREY WEILER, individually, PETER REPPUCCI, individually, ARGOSY INVESTMENTS, LLC, a Minnesota limited liability company, INVESTCO, LLC, a Florida limited liability company,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure entered by this Court on May 19, 2009, and the Court's Order Rescheduling Foreclosure Sale entered by this Court on April 15, 2013 in Case No.: 09-CA-1107 in the Circuit Court of and for the Twentieth Circuit in and for Charlotte County, Florida, in which CRE VENTURE 2011-2, LLC is the plaintiff, and PALMETTO PLANTATION PUNTA GORDA, LLC, f/k/a RIVA DEL SOLE, LLC, a limited liability company, JONATHAN P. MASON, R. JEFFREY WEILER, PETER REPPUCCI, ARGOSY INVESTMENTS, LLC, a Minnesota limited liability company, and INVESTCO, LLC, a Florida limited liability company, are Defendants, I will sell to the highest and best bidder for cash at the sale held online at https://www.charlotte.realforeclose.com beginning at 11:00 a.m., on June 13, 2013; the following described property as set forth in the Final Judgment of Foreclosure, to wit:
Parcel 1:
A parcel of land lying within Section 25, Township 40 South, Range 23 East, Charlotte County, Florida, being more specifically described as follows: Begin at the Northwest corner of Section 25, thence bear South 03 degrees 09'00” East, along the West line of said Section, a distance of 1322.66 feet to the North Right of Way line of Riverside Drive, as it presently exists; thence North 88 degrees 51'00” East, along said North line a distance of 283.79 feet to the point of curvature of a circular curve concave to the South, having a radius of 548.54 feet; thence Easterly along the arc of said curve and Right of Way line, through a central angle of 9 degrees 50'09”, a distance of 94.17 feet; thence North 19 degrees 34'24” East, 154.31 feet; thence North 20 degrees 45'10” East, 133.85 feet; thence North 16 degrees 52'08” East, 170.01 feet; thence North 32 degrees 01'14” East, 139.63 feet; thence North 50 degrees 11'20” East, 162.05 feet; thence North 48 degrees 22'23” East, 65.63 feet; thence North 33 degrees 24'16” East, 96.70 feet; thence North 78 degrees 11'02” East, 40.26 feet to the Westerly shore line of Shell Creek; thence North 15 degrees 43'56” West, meandering along said shore line, a distance of 592.53 feet to the North line of said Section 25; thence South 87 degrees 16'04” West, along said North line, a distance of 779.17 feet to the Point of Beginning. Less and except the existing 100 foot wide Atlantic & Seaboard Coastline Railroad Right of Way.
Parcel 2:
The East 435 feet of Government Lot 1, Section 26, Township 40 South, Range 23 East, Charlotte County, Florida, lying Southerly and Easterly of the Seaboard Coastline right-of-way and North of First Street, being more particularly described as follows:
Surveyor's Description:
A parcel of land lying and being in Government Lot 1, Section 26, Township 40 South, Range 23 East, Charlotte County, Florida, said parcel being more particularly described as follows:
Commencing at a 4”x4” concrete monument marking the Northeast corner of said Section 26, thence; South 03 degrees 09'00” East along the East line of the Northeast 1/4, of said Section, 373.25 feet to the Southerly right of way line of the S.A.L. Railroad (120' wide) and the Point of Beginning of the lands herein described, thence; South 28 degrees 49'02” West, along said Southerly right of way line, 760.86 feet to the beginning of a curve, concave Northwesterly, said curve having a radius of 5789.65 feet, a central angle of 00 degrees 35'47”, a chord of 60.27 feet and a chord bearing of South 29 degrees 06'56” West, thence along the arc of said curve, and along said Southerly right of way line, 60.27 feet to an intersection with the West line of the East 435 feet of Government Lot 1, of said Section 26, thence; South 03 degrees 09'00” East, along said West line, 240.52 feet to the North right of way line of Riverside Drive (50' wide), thence; North 88 degrees 31'00” East, along said North right of way line, 435.18 feet to the East line of said Northeast 1/4 of said Section 26, thence North 03 degrees 09'00” West, along said East line, 949.61 feet to said Southerly right of way line of said S.A.L. Railroad and the point of beginning. Subject to a Florida Power and Light Easement as described in Official Records Book 1209, Page 1103 of the Public Records of Charlotte County, Florida.
except as herein before set forth, in accordance with Fla. Stat. §45.031. Said sale will be made pursuant to and in order to satisfy the terms of the Final Judgment of Foreclosure.
The “highest bidder” for purposes of this Notice of Sale, is defined as the party who bids the largest amount of money to purchase the Property and who completes the sale in a timely fashion, as hereinafter set out. The one who bids the largest amount of money to purchase the Property shall be permitted to complete the sale by delivering to the Clerk, the balance of such bid, over and above the deposit, by 11:00 a.m. the following business day.
IF YOU ARE A PERSON 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. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
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 Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, 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 April 17, 2013.
BARBARA T. SCOTT
Clerk of the Circuit Court
(COURT SEAL) By: C.L.G.
Deputy Clerk
Akerman Senterfitt,
401 E. Jackson St., Suite 1700,
Tampa, Florida 33602
April 26; May 3, 2013 13-00416T