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FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO: 2013 CA 003786
U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE FOR HOMEBANC MORTGAGE TRUST 2005-5 MORTGAGE BACKED NOTES, SERIES 2005-5
Plaintiff, vs.
RICHARD LEE POTTS A/K/A RICKY LEE POTTS A/K/A
RICHARD L. POTTS; TINA M. POTTS A/K/A TINA MELINDA POTTS; UNKNOWN TENANT I; UNKNOWN TENANT II; WACHOVIA BANK; NICHOLAS G. POTTS; GERALD A. ALEXANDER, and any unknown heirs, devisees, grantees, creditors, and other unknown persons or unknown spouses claiming by, through and under any of the above-named Defendants,
Defendants.
TO:
UNKNOWN TENANT I
6855 MANASOTA KEY ROAD
ENGLEWOOD FL 34223
UNKNOWN TENANT II
6855 MANASOTA KEY ROAD
ENGLEWOOD FL 34223
LAST KNOWN ADDRESS STATED, CURRENT RESIDENCE UNKNOWN
And any unknown heirs, devisees, grantees, creditors and other unknown persons or unknown spouses claiming by, through and under the above-named Defendant(s), if deceased or whose last known addresses are unknown.
YOU ARE HEREBY NOTIFIED that an action to foreclose Mortgage covering the following real and personal property described as follows, to-wit:
THAT PORTION OF THE FOLLOWING DESCRIBED REAL PROPERTY LYING EAST OF THE COUNTY ROAD RIGHT OF WAY DESCRIBED IN DEED RECORDED IN DEED BOOK 168, PAGE 474, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
THE NORTH 126.1 FEET OF THE SOUTH 252.2 FEET OF GOVERNMENT LOT 1 IN SECTION 27, TOWNSHIP 40 SOUTH, RANGE 19 EAST, SARASOTA COUNTY, FLORIDA, BEING A PARCEL FRONTING 150 FEET ON THE GULF OF MEXICO AND RUNNING FROM SAID GULF OF MEXICO TO LEMON BAY, TOGETHER WITH ALL RIPARIAN RIGHTS THEREUNTO APPERTAINING.
SUBJECT, HOWEVER, TO THE RESERVATION, BY GRANTORS, AND THEIR HEIRS, PERSONAL REPRESENTATIVES AND ASSIGNS OF A PERPETUAL 4 FOOT WALKING EASEMENT ONLY, LIMITED TO PEDESTRIAN TRAFFIC ON A 4 FOOT STRIP OF LAND, SAID STRIP OF LAND LYING BETWEEN THE NORTHERLY LINE OF SAID PROPERTY HEREBY CONVEYED AND A LINE LYING PARALLEL TO AND 4 FEET SOUTH OF THE NORTHERLY LINE OF SAID PROPERTY CONVEYED, WITH FULL RIGHT IN GRANTORS TO GRANT TO OTHERS FOR USE OF SAID EASEMENT.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT TO GRANTEES FOR A WALKING EASEMENT ONLY, LIMITED TO PEDESTRIAN TRAFFIC ONLY, OVER A 4 FOOT STRIP TO THAT PORTION OF THE ABOVE DESCRIBED PROPERTY LYING WEST OF SAID COUNTY ROAD AND NOT BEING CONVEYED TO GRANTEES, SAID 4 FOOT EASEMENT TO BE LOCATED IN A 4 FOOT STRIP, THE NORTHERLY BOUNDARY OF WHICH SHALL BE NORTHERLY BOUNDARY OF THE ABOVE PROPERTY NOT BEING CONVEYED TO GRANTEES AND THE SOUTHERLY BOUNDARY OF SAID EASEMENT STRIP BEING 4 FEET TO THE SOUTH THEREOF AND PARALLEL WITH THE NORTHERLY BOUNDARY OF SAID PROPERTY NOT BEING CONVEYED GRANTEES BY GRANTORS. SUBJECT TO ROAD RIGHT- OF- WAY CONVEYED TO SARASOTA COUNTY BY DEED RECORDED IN DEED BOOK 168, PAGE 474, OF SAID RECORDS.
has been filed against you and you are required to serve a copy of your written defenses, if any, to it on Charles A. Muniz, Butler & Hosch, P.A., 3185 South Conway Road, Suite E, Orlando, Florida 32812 and file the original with the Clerk of the above-styled Court on or before 30 days from the first publication, otherwise a Judgment may be entered against you for the relief demanded in the 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 the Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
WITNESS my hand and seal of said Court on the 4 day of October, 2013.
KAREN E. RUSHING, CLERK
CLERK OF THE CIRCUIT COURT (COURT SEAL) By: K. Goodspeed
Deputy Clerk
Charles A. Muniz
Butler & Hosch, P.A.
3185 South Conway Road, Suite E
Orlando, Florida 32812
B&H # 320721
October 18, 25, 2013 13-04885S