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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 11-CA-054138
EVERBANK, a federal savings bank,
Plaintiff, v.
MARY ELEN BUNDSCHU BURNUP, Individually; RUSSELL J. BURNUP, II, Individually; MARY ELEN BUNDSCHU BURNUP, AS TRUSTEE OF THE MARY
ELEN BUNDSCHU BURNUP TRUST DATED JUNE 25, 1991; RUSSELL J. BURNUP, II, AS TRUSTEE OF THE RUSSELL
J. BURNUP, II TRUST DATED JUNE 25, 1991; and UNKNOWN TENANTS/SPOUSES/
OWNERS IN POSSESSION,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Summary Final Judgment of Foreclosure entered on December 17, 2012, and an Order Scheduling Foreclosure Sale entered on May 24, 2013, in Case NO. 11-CA-054138 of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, wherein EVERBANK, a federal savings bank, is the Plaintiff, and MARY ELEN BUNDSCHU BURNUP, Individually and as TRUSTEE OF THE MARY ELEN BUNDSCHU BURNUP TRUST DATED JUNE 25, 1991, and RUSSELL J. BURNUP, II, Individually and as TRUSTEE OF THE RUSSELL J. BURNUP, II TRUST DATED JUNE 25, 1991, are the Defendants, and Chapter 45, Florida Statutes, that the Clerk of the Court will sell to the highest and best bidder for cash on the 24th day of June, 2013, via the Internet at www.lee.realforeclose.com at 9:00AM, or as soon thereafter as the sale may proceed, the following described property as set forth in said Final Judgment:
See Exhibit A attached hereto and made a part hereof by reference as if fully set forth herein for legal description.
EXHIBIT “A”
Parcel 1: The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 35, Township 45 South, Range 24 East, Lee County, Florida.
Parcel 2: That portion West of Hendry Creek of the Northeast 1/4 of the Southwest 1/4 of Section 35, Township 45 South, Range 24 East; TOGETHER with an easement 30 feet wide along the Eastern side of the Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 35, Township 45 South, Range 24 East, Lee County, Florida.
Parcel 3: Deleted
Parcel 4: A parcel of land situated in Lee County, Florida, lying in Section 35, Township 45 South, Range 24 East, and further described as follows:
Beginning at the Southwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 35; thence North 01 degree 03'40” West along the West line of said fraction for 50.01 feet to the Northerly line of former Iona District Drainage (I.D.D.) Canal “G”; thence North 89 degrees 45'55” East along said Northerly line for 100.00 feet; thence South 01 degree 03'40” East for 50.01 feet to the South line of said fraction; thence South 89 degrees 45'55” West along the South line of said fraction for 100.00 feet to the Point of Beginning.
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, MUST FILE A CLAIM WITHIN SIXTY (60) DAYS AFTER THE SALE.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIEN HOLDER 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.
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH EITHER THE LEE COUNTY CLERK OF CIRCUIT COURT AT JUSTICE CENTER, 2ND FLOOR, 1700 MONROE STREET
FT. MYERS, FL 33901, TELEPHONE (239) 533-5000, WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OF THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT A LEGAL SERVICES OFFICE, SUCH AS: LEE COUNTY LEGAL AID SOCIETY, INC., 2211 PECK STREET, FORT MYERS, FL 33901, TELEPHONE NUMBER, 239-334-6118/OR THE FLORIDA BAR'S FLORIDA ATTORNEYS SAVING HOMES toll free hot line (866-607-2187) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT ONE OF THESE SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
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 on May 30, 2013.
LINDA DOGGETT
As Clerk Of Court
(SEAL) By: M. Parker
As Deputy Clerk
This instrument prepared by:
Tirso M. Carreja, Jr., Esquire
Shutts & Bowen LLP
4301 W. Boy Scout Blvd., Suite 300
Tampa, Florida 33607
Tel: (813) 229-8900
June 7, 14, 2013 13-02976L