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FIRST INSERTION
NOTICE OF RESCHEDULED
FORECLOSURE SALE
in the circuit court of the TWENTIETH judicial circuit,
LEE county, florida
Case No.: 09-CA-002161
INVESTORS WARRANTY OF AMERICA, INC.,
Plaintiff/Counterclaim Defendant,
v.
daniel j. aronoff, arnold y. aronoff, agripartners limited partnership, and EDISON FARMS, INC.,
Defendants/Counterclaim Plaintiffs, v.
TRANSAMERICA LIFE INSURANCE COMPANY, and AEGON USA REALTY ADVISORS, LLC,
Additional Counterclaim Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Corrected Final Judgment Of Foreclosure And For Damages filed on December 6, 2012, in Case No. 2009-CA-002161 of the Circuit Court for Lee County, Florida, I will sell to the highest and best bidder for cash at: Lee County Justice Center Complex 2075 Dr Martin Luther King Jr Blvd, Ft Myers, FL 20d Floor Civil Office Lobby, at 11:00 a.m. (Eastern Time) and on the 28 day of May, 2013, the property described on Exhibit “A” attached hereto Plaintiff requests that the Clerk notice for foreclosure sale only the property described in Exhibit “A.” Any remaining parcels which were the subject of the Corrected Final Judgment of Foreclosure and For Damages are subject to bankruptcy proceedings.
Exhibit A
PARCEL 1
All of Section 1, Township 47 South, Range 25 East, and that part of Section 2 lying East of Interstate 75 (I-75), Township 47 South, Range 25 East, all in Lee County, Florida.
LESS AND EXCEPT the following described Parcels as set forth in the Stipulated Final Judgment and Order of Taking recorded November 14, 2008, in Instrument No. 2008000299827, Public Records of Lee County, Florida.
That portion of the Southeast Quarter of Section 2 and that portion of the Southwest Quarter of Section 1, Township 47 South, Range 25 East, Lee County, Florida, being described as follows:
Commence at the Southeast corner of said Section 2, also being the Southwest corner of said Section 1; thence along the South line of said Section 2, South 89 degrees 52 minutes 49 seconds West, a distance of 358.33 feet to the survey base line of State Road 93 (I-75); thence along said survey base line, North 01 degrees 34 minutes 01 seconds West a distance of 1,166.91 feet; thence North 88 degrees 25 minutes 57 seconds East a distance of 248.00 feet to the East existing limited access right of way line of said State Road 93 (per Section 12075-2401) for a POINT OF BEGINNING; thence along said East existing limited access right of way line North 01 degrees 34 minutes 01 seconds West a distance of 2,553.93 feet; thence North 88 degrees 25 minutes 59 seconds East, a distance of 254.95 feet; thence South 83 degrees 50 minutes 16 seconds East a distance of 479.81 feet; thence South 01 degrees 34, minutes 01 seconds East, a distance of 1,422.00 feet; thence South 88 degrees 33 minutes 06 seconds West, a distance of 471.80 feet; thence South 01 degrees 34 minutes 01 seconds East, a distance of 1,068.38 feet; thence South 88 degrees 25 minutes 57 seconds West a distance of 258.60 feet to the POINT OF BEGINNING.
PARCEL 6
ALL of Section 11 lying East of the East right of way line of Interstate Highway I-75, and all of Section 12, Township 47 South, Range 25 East, in Lee County, Florida.
LESS AND EXCEPT the following described Parcels as set forth in the Stipulated Final Judgment and Order of Taking recorded November 14, 2008, in Instrument No. 2008000299827, Public Records of Lee County, Florida.
That portion of the Southeast Quarter of Section 11 and that portion of the Southwest Quarter of Section 12, Township 47 South, Range 25 East, Lee County, Florida, being described as follows:
Begin at the Southeast corner of said Section 11, also being the Southwest corner of said Section 12, said point being on the Easterly existing limited access right of way line of State Road 93 (I-75) (per Section 12075-2401); thence along the South line of said Section 11 and the Easterly existing limited access right of way line, North 82 degrees 32 minutes 43 seconds West a distance of 43.12 feet; thence continue along said East existing limited access right of way line North 01 degrees 34 minutes 01 seconds West, a distance of 1,330.71 feet; thence North 88 degrees 25 minutes 59 seconds East a distance of 235.32 feet; thence South 03 degrees 49 minutes 46 seconds East, a distance of 50.04 feet; thence South 01 degrees 34 minutes 01 seconds East, a distance of 1,064.88 feet; thence South 80 degrees 42 minutes 11 seconds East, a distance of 488.15 feet; thence South 01 degrees 34 minutes 03 seconds East a distance of 135.00 feet to the South line of said Section 12; thence along said South line South 88 degrees 48 minutes 32 seconds West, a distance of 674.12 feet to the POINT OF BEGINNING.
ALSO LESS AND EXCEPT
That portion of the Southwest Quarter of Section 12, Township 47 South, Range 25 East, Lee County, Florida, being described as follows:
Commence at the Southeast corner of Section 11, Township 47 South, Range 25 East also being the Southwest corner of said Section 12; thence along the South line of said Section 11, North 82 degrees 32 minutes 43 seconds West, a distance of 294.23 feet to the survey base line of Interstate 75 (State Road 93); thence along said survey base line, North 01 degrees 34 minutes 01 seconds West a distance of 1,241.33 feet; thence North 88 degrees 25 minutes 59 seconds East a distance of 485.30 feet for a POINT OF BEGINNING; thence North 03 degrees 49 minutes 46 seconds West a distance of 50.04 feet; thence North 76 degrees 20 minutes 47 seconds East, a distance of 282.21 feet; thence North 83 degrees 01 minutes 39 seconds East a distance of 206.34 feet; thence South 01 degrees 34 minutes 01 seconds East a distance of 1,285.42 feet; thence North 80 degrees 42 minutes 11 seconds West, a distance of 488.15 feet; thence North 01 degrees 34 minutes 01 seconds West, a distance of 1,064.88 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 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 on May 1, 2013.
LINDA DOGGETT
Clerk of the Circuit Court
(SEAL) By: M. Parker
Deputy Clerk
Charles Wachter, Esq.
HOLLAND & KNIGHT LLP
P.O. Box 1288
Tampa, FL 33601
(813) 227-8500
#22933335_1
May 10, 17, 2013 13-02341L