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FIRST INSERTION
SECOND AMENDED
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO.: 09-29911
DIVISION: G
SUNTRUST BANK, a Georgia banking corporation,
Plaintiff, vs. PHIL DESAUTELS AND SHEILA DESAUTELS, as Trustees of the Phil and Sheila Desautels Intervivos Revocable Trust Dated October 6, 1997; PHILIP R. DESAUTELS, individually; SHEILA N. DESAUTELS, individually; PHIL DESAUTELS, P.A., a Florida professional service corporation; TOP NOTCH MORTGAGE COMPANY, a Florida corporation; TOP NOTCH TITLE COMPANY, a Florida corporation; and UNKNOWN TENANTS/SPOUSES/OWNERS IN POSSESSION,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to a Final Judgment entered in the above-styled cause in the Circuit Court of Hillsborough County, Florida, the Clerk of Court shall hold a sale of the subject property described as:
See Exhibit “A” attached hereto and made a part hereof by reference as if fully set forth herein for legal description.
EXHIBIT “A”
A parcel of land lying in Section 17, Township 28 South, Range 17 East, Hillsborough County, Florida, said parcel being more particularly described as follows:
From the Southeast corner of said Section 17, run thence N.01Ëš17'13"E., 2408.40 feet along the East boundary of said Section 17; thence WEST, 313.83 feet; thence S.72Ëš36'13"W., 277.40 feet to a point of curvature; thence Northwesterly, 129.87 feet along the arc of a curve to the right having a radius of 100.00 feet and a central angle of 74Ëš24'27" (chord bearing N.70Ëš11'34"W., 120.93 feet) to a point of tangency; thence N.32Ëš59'20"W., 306.27 feet to a point of curvature; thence Northwesterly, 34.24 feet along the arc of a curve to the left having a radius of 25.00 feet and a central angle of 78Ëš27'47" (chord bearing N.72Ëš13'13"W., 31.62 feet) to a point of cusp; thence Northeasterly, 263.75 feet along the arc of a curve to the left having a radius of 225.00 feet and a central angle of 67Ëš09'47" (chord bearing N.34Ëš58'00"E., 248.91 feet) to a point of tangency; thence N.01Ëš23'06"E., 151.02 feet to a point of curvature; thence Northeasterly, 352.47 feet along the arc of a curve to the right having a radius of 1065.00 feet and a central angle of 18Ëš57'45" (chord bearing N.10Ëš51'59"E., 350.86 feet) to the POINT OF BEGINNING; thence continue Northeasterly, 177.62 feet along the arc of said curve to the right having a radius of 1065.00 feet and a central angle of 09Ëš33'21" (chord bearing N.25Ëš07'31"E., 177.41 feet); thence S.67Ëš30'00"E., 128.77 feet; thence S.22Ëš30'00"W., 177.23 feet; thence N.67Ëš30'00"W., 136.89 feet to the POINT OF BEGINNING.
Together with all equipment, fixtures and other articles of personal property now or hereafter attached or affixed to the aforesaid parcel of land; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any such property.
a/k/a 10311 RADCLIFFE DR, TAMPA, FL 33626 (the “Collateral”)
at a public sale on December 6, 2013, beginning at 10:00 a.m., or as soon thereafter as the sale may proceed, to the highest and best bidder, for cash. The sale will be conducted on the prescribed date via online sale at www.hillsborough.realforeclose.com, in accordance with Chapter 45 Florida Statutes.
The highest bidder shall immediately post with the Clerk, a deposit equal to 5% of the final bid. The deposit must be cash or cashier's check payable to the Clerk of the Circuit Court. Final payment must be made on or before 5:00 p.m. of the date of the sale by cash or cashier's check.
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 LIENHOLDER 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 THE CLERK OF THE COURT AT 813-276-8100 EXT. 4733 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.
ATTN.: PERSONS WITH DISABILITIES. If you are a person with a disability who needs any accommodations in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs St., Room 604, Tampa, FL 33602; telephone (813) 272-7040, within seven (7) days of your receipt of this Notice; if you are hearing impaired call 771.
DATED on October 22, 2013.
Jake C. Blanchard, Esq.
Florida Bar No: 055438
[email protected]
FOWLER WHITE BOGGS P.A.
P.O. Box 1438
Tampa, FL 33601
(813) 228-7411
Fax No: (813) 229-8313
Attorneys for Plaintiff SunTrust Bank
November 15, 22, 2013 13-10070H