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FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
Case NO: 2012-CA-056554
EVERBANK, as successor in interest to Bank of Florida, National Association,
Plaintiff v.
LEZGUS, INC., a Florida corporation, KATHY LEZGUS, EUGENE “CHIP” LEZGUS, EUGENE E. LEZGUS, II, and AUDREY LISA LEZGUS,
Defendants.
TO: EUGENE E. LEZGUS, II and
AUDREY LISA LEZGUS
1689 BONITA COURT
NAPLES, FLORIDA 34102
YOU ARE NOTIFIED THAT an action to foreclose a construction lien on the following described real property in Lee County, Florida:
See attached Exhibit A
BEING PARCELS OF LAND LOCATED IN SECTION 36, TOWNSHIP 47 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA AS MORE FULLY DESCRIBED AS FOLLOWS:
PARCEL 1
A PARCEL OF LAND LYING IN AND BEING A PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING OF THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE NORTH 89Ëš25'40” EAST, ALONG THE SOUTH LINE OF SAID SECTION 36, A DISTANCE OF 660.99 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 16; THENCE NORTH 01Ëš11'47” WEST ALONG THE WEST LINE OF SAID EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OR SECTION 16, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 865 AS SHOWN ON THAT RIGHT-OF-WAY MAP AS PREPARED BY WILSON, MILLER, BARTON, SOLL & PEEK, INC., DATED AUGUST 1986; THENCE NORTH 89Ëš25'40” EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 221.00 FEET OF THE POINT OF BEGINNING OF THE PARCEL OF LAND AS DESCRIBED HEREIN; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 01Ëš09'17” WEST, A DISTANCE OF 220.32 FEET TO THE SOUTHERLY LINE OF THAT PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 1173 AT PAGE 422 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE ALONG SAID SOUTHERLY LINE, NORTH 88Ëš32'02” EAST 110.00 FEET TO THE WEST LINE OF THE EAST 330 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 36; THENCE SOUTH 01Ëš09'19” EAST ALONG SAID WEST LINE OF THE EAST 330 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 36 A DISTANCE OF 222.04 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 885; THENCE SOUTH 89Ëš25'40” WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LAND.
PARCEL 2
A PARCEL OF LAND LYING IN AND BEING A PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE NORTH 89Ëš25'40” EAST ALONG THE SOUTH LINE OF SAID SECTION 36 A DISTANCE OF 660.99 FEET TO THE WEST LINE OF EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 36; THENCE NORTH 01Ëš11'47” WEST ALONG THE WEST LINE OF SAID EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 36, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY OF COUNTY ROAD 865 AS SHOWN on that right-of-way map as prepared by wilson, miller, barton, soll & peek, Inc., dated august, 1986; thence north 80Ëš25'40” east along said right-of-way line, a distance of 221.00 feet to the point of beginning of the parcel of land described herein; thence leaving said right-of-way line, north 01Ëš09'17” west a distance of 220.32 feet to the southerly line of that parcel as described in official record book 1173, page 423, public records of lee county, florida; thence along said southerly line south 88Ëš12'02” west for 30 feet; thence south 01Ëš09'17” east for 222.32 feet, more or less, to the north right-of-way line of county road 865; thence north 89Ëš25'10” west for 30 feet to the point of beginning of the herein described land.
has been filed against you, and you are required to serve a copy of your written defenses, if any, to the Verified Complaint on Benjamin C. Iseman, Esq., Plaintiff's attorneys, whose address is P.O. Box 1961, Winter Park, Florida 32790, within thirty (30) days after the publication of this Notice of Action and to file the original with the Clerk either before service on the Plaintiff's attorney or immediately thereafter; otherwise, a default will be entered against you for the relief demanded in the Verified Complaint.
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.
DATED this 18 day of Jan., 2013.
LINDA DOGGETT
CLERK OF THE CIRCUIT COURT
(SEAL) By: B. Lightner
Deputy Clerk
Benjamin C. Iseman, Esq.
SWANN HADLEY STUMP
DIETRICH & SPEARS, P.A.
P.O. Box 1961
Winter Park, FL 32790
(407) 647-2777
Jan. 25; Feb. 1, 2013 13-00423L