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FIRST INSERTION
NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF
THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION
CASE NO. 12-CA-055749
DISTRESSED CAPITAL III, LLC,
Plaintiff, vs.
ROBERT B. McCLAIN, INDIVIDUALLY AND AS TRUSTEE OF THE ROBERT B. McCLAIN REVOCABLE TRUST AGREEMENT DATED JUNE 19, 2001; CAROL R. SELLERS; and CARLTON FIELDS, P.A.,
Defendants.
Notice is given pursuant to a Final Judgment in Foreclosure filed January 7, 2013, in Case No. 12-CA-055749, of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, in which DISTRESSESD CAPITAL III, LLC is the Plaintiff and ROBERT B. McCLAIN, INDIVIDUALLY AND AS TRUSTEE OF THE ROBERT B. McCLAIN REVOCABLE TRUST AGREEMENT DATED JUNE 19, 2001; CAROL R. SELLERS; and CARLTON FIELDS, P.A. are the Defendants, I will sell to the highest bidder for cash beginning 9:00 A.M. at www.lee.realforeclose.com in accordance with Chapter 45, Florida Statutes, on February 6, 2013, the following described property set forth in the Final Judgment in Foreclosure:
A lot or parcel of land lying in Section 30, Township 47 South, Range 25 East, which lot or parcel is described as follows:
From the Southeast corner of Lot 1, Block G, Bonita Beach, according to a map or plat thereof recorded in Plat Book 8, at Page 65, of the Public Records of Lee County; run N 67Ëš13'20”E, perpendicular to the Southwesterly line of Hickory Boulevard (State Road No. S-865) as shown on said plat for 100 feet to the Northeasterly line of said Hickory Boulevard; thence continue N 67Ëš13'20” E along the Northeasterly line of a roadway easement 60 feet wide for 400 feet; thence run N 22Ëš46'40” W along the southwesterly line of a roadway easement 50 feet wide, parallel with said Hickory Boulevard for 394.66 feet to a point of curvature; thence run Northwesterly and Northerly along the arc of a curve to the right of radius 925 feet for 346.56 feet to a point of compound curvature; thence run Northerly and Northeasterly along the Westerly line of said roadway easement 50 feet wide along the arc of a curve to the right of radius 150 feet for 226.46 feet to a point of tangency; thence run N 35Ëš11'20” E along the Northerly line of said easement for 151.11 feet to a point of curvature; thence run Northeasterly, Northerly and Northwesterly along the Westerly line of said roadway easement, along the arc of a curve to the left of radius 235 feet for 426.56 feet to a point of reverse curvature, thence run Northwesterly, Northerly and Northeasterly along the Westerly line of said roadway easement along the arc of a curve to the right of radius 365 feet for 264.37 feet to a point of tangency; thence run N 22Ëš41'20” e along the Westerly line of said roadway easement for 66.89 feet to a concrete post; thence run S 67Ëš18'40” E perpendicular to said West line for 50 feet to a point on the East line of said roadway easement; thence run N 22Ëš41'20” E along said East line for 160 feet to a point of curvature; thence run Northerly, Northwesterly and Westerly along said East line, along the arc of a curve to the left of radius 275 feet for 545.97 feet to a point of reverse curvature; thence run Westerly and Northwesterly along the Northerly line of said roadway easement along the arc of a curve to the right of radius 1,000 feet for 423.24 feet to a concrete post and the point of beginning.
From said point of beginning continue Northwesterly along the Northerly line of said roadway easement along the arc of said curve to the right of radius 1,000 feet for 80.0 feet to a concrete post; thence run N 27Ëš46'20” E passing through a concrete post at 113.0 feet for 128 feet more or less with the waters of Estero Bay; thence run Southeasterly along said waters to an intersection with a line bearing N 23Ëš11'20” E passing through the point of beginning; thence run S 23Ëš11'20” W along said line for 131 feet more or less to the point of beginning.
SUBJECT to an easement for public utilities over and across the Southwesterly 15 feet of the hereinabove described parcel.
TOGETHER with the hereinabove described roadway easement.
Bearing hereinabove mentioned are from the centerline of survey of said State Road No. 865.
(The real property is also known as 26756 McLaughlin Blvd., Bonita Springs, Florida.)
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 filed herein, must file a claim within 60 days after the sale.
DATED: January 9, 2013.
LINDA DOGGETT
Clerk of Courts
(SEAL) By: S. Hughes
Deputy Clerk
J. Jeffrey Rice
GOLDSTEIN, BUCKLEY,
CECHMAN, RICE & PURTZ, P.A.
P.O. Box 2366
Fort Myers, Florida 33902-2366
(239) 334-1146
January 18, 25, 2013 13-00257L