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FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY,
florida
CASE NO.: 36-2012-CA-056402
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2007-3
Plaintiff, vs.
MIGUEL A. GARCIA; UNKNOWN SPOUSE OF MIGUEL A. GARCIA; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; DANIEL A. ALTHOFF; DAVID J. SCOTT; UNKNOWN SPOUSE OF KAREN BURNETT; UNKNOWN TENANT # 1 IN POSSESSION OF THE PROPERTY; UNKNOWN
TENANT #2 in possession of the property
Defendants
To the following Defendant(s):
UNKNOWN SPOUSE OF KAREN BURNETT
Last Known Address
16401 WILDCAT DR.
FORT MYERS, FL 33913
YOU ARE NOTIFIED that an action for Foreclosure of Mortgage on the following described property:
SOUTH 130 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 27 EAST, LEE COUNTY, FLORIDA, RUN SOUTH 0 DEGREES 26' 10” EAST ON THE WEST BOUNDARY OF SECTION 1, 2,342.45 feet to the point of beginning, continue south 0 degrees 26' 10” east on the west boundary of section 1, township 46 south, range 27 east, 340.21 feet to the point, thence south 82 degrees 31' 10” east, 30.25 feet to an iron stake, continue south 82 degrees 31' 10” east 737.98 feet to an iron stake, thence north 01 degrees 01' 25” west, 340.21 feet to an iron stake, thence north 82 degrees 31' 10” west, 737.98 feet to an iron stake, continue north 82 degrees 31' 10” west, 30.25 feet to a point on the west boundary of section 1, township 46 south, range 27 east, the point of beginning.
together with and subject to easements for ingress, egress and utilities over and across the following described lands:
the easterly most 60 feet of that portion of section 35, township 45 south, range 27 east, lying south of state road 82, lee county, florida, and: the easterly most 60 feet of section 2, township 46 south, range 27 east, lee county, florida, lying north of florida power and light company right of way, as described in official records book 287, page 339 and in official records book 701, page 527, public records of lee county, florida, and: a strip of land 30 feet wide running from the northwest corner of said section 1 to the northeast corner of said section 1, being parallel with the north line of the north boundary of said section 1 and being 30 feet south of the north boundary, and:
a strip of land 30 feet wide being 30 feet distance and west of the east boundary of said section 1 running from the northeast corner of said section 1, southerly 2,744.55 feet to a point on the northerly right of way of the florida power and light company easement as recorded and filed in official records book 287, page 339 and in official records book 401, page 527, public records of lee county, florida,
and:
a strip of land 30 feet wide lying east of the westerly boundary of said section 1, commencing at the northwest corner of said section 1 and running southerly 1,320.28 feet to a point on the northerly right of way of the florida power and light company easement as recorded in official record book 287, page 339 and in official records book 701, page 527, public records of lee county, florida, and: a strip of land running east and west being 30 feet north of and 30 feet south of the following described line.
commencing at a point 990 feet south of the northwest corner of said section 1 and on the west boundary of section 1, run north 89 degrees 33'50” east 5,271.34 feet to a point on the easterly boundary of said section 1, and: a strip of land commencing at the northeast corner of said section 1, run south on the east boundary of said section 1,990 feet to a point, thence south 89 degrees 33'50” west 1,000.66 feet to the point of beginning, thence 0 degrees 26'10” east 1,484.81 feet to a point on the northerly right of way of the florida power and light company easement recorded in official records book 287, page 339 and in official records book 701, page 527, lee county public records. this easement right of way boundaries being 30 feet easT and 30 feet west of the aforesaid described line. commencing at the northeast corner of section 1, township 46 south, range 27 east, lee county, florida; run south 01 DEGREES 03'10” EAST ON THE EAST BOUNDARY OF SECTION 1, 2,744.55 FEET TO AN IRON PIPE, THE POINT OF BEGINNING, CONTINUE SOUTH 01 DEGREES 03'10” EAST 1, 657.25 FEET TO AN IRON PIPE, THENCE SOUTH 89 DEGREES 45'00” WEST, 30 FEET TO AN IRON PIPE, THENCE NORTH 01 DEGREES 03'10” WEST 1665.67 FEET TO AN IRON PIPE, THENCE SOUTH 75 DEGREES 22'06” EAST 31.06 FEET TO AN IRON PIPE THE POINT OF BEGINNING. COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 27 EAST LEE COUNTY, Florida; RUN SOUTH 00 DEGREES 26'10” EAST ON THE WEST BOUNDARY OF SAID SECTION 1, 3,022.07 FEET TO A POINT ON THE WEST BOUNDARY OF SAID SECTION 1, THENCE SOUTH 82 DEGREES 31' 10” EAST 30.29 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 26'10” WEST 30.29 FEET TO AN IRON PIPE, THENCE SOUTH 82 DEGREES 31'10” EAST 5,320.70 FEET TO A POINT ON THE EAST BOUNDARY OF SAID SECTION 1, THENCE SOUTH 01 DEGREES 03'10” EAST 60.66 FEET TO A POINT ON THE EAST BOUNDARY OF SAID SECTION 1, THENCE NORTH 82 DEGREES 31'10” WEST 5,351.53 FEET TO AN IRON PIPE, THENCE NORTH 00 DEGREES 26'10” WEST 30.29 FEET OF THE POINT OF BEGINNING.
COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 27 EAST IN LEE COUNTY, FLORIDA; RUN SOUTH 00 DEGREES 26'10” EAST ON THE WEST BOUNDARY OF SECTION 1, 1,320.28 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 75 DEGREES 22'06” EAST 31.06 FEET TO AN IRON PIPE, THENCE SOUTH 00 DEGREES 26'10” EAST 3,055.94 FEET TO AN IRON PIPE, THENCE SOUTH 89 DEGREES 45'00” WEST 30 FEET to a point on the west boundary of said section 1, thence continue south 89 degrees 45' 00” west 30 feet INTO SECTION 2, TOWNSHIP 46 SOUTH, RANGE 27 EAST, THENCE NORTH 00 DEGREES 26'10” WEST PARALLEL WITH THE EAST BOUNDARY OF SAID SECTION 2, 3,072.10 FEET TO A POINT; THENCE SOUTH 75 DEGREES 22'06” EAST 31.06 FEET TO THE POINT OF BEGINNING.
a/k/a 16401 wildcat dr, fort myers, fl 33913
has been filed against you and you are required to serve a copy of you written defenses, if any, to it, on Marinosci Law Group, P.C., Attorney for Plaintiff, whose address is 100 W. Cypress Creek Road, Suite 1045, Fort Lauderdale, Florida 33309 within thirty (30) days after the first publication of this Notice in the BUSINESS OBSERVER 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 demand in the complaint.
This notice is provided pursuant to Administrative Order No. 2.065.
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 James Sullivan, Operations Division Manager whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, 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.
WITNESS my hand and the seal of this Court this 11 day of JAN, 2013.
LINDA DOGGETT
As Clerk of the Court
(SEAL) By D. Westcott
As Deputy Clerk
Submitted by:
Marinosci Law Group, P.C.
100 W. Cypress Creek Road,
Suite 1045
Fort Lauderdale, FL 33309
Telephone: (954) 644-8704
Telefacsimile: (954) 772-9601
CASE NO. 36-2012-CA-056402
Our File Number: 12-08273
January 18, 25, 2013 13-00278L