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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2009 CA 007146
GMAC MORTGAGE, LLC
Plaintiff, vs.
VIRGINIA GARRETT, et al
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Summary Final Judgment of foreclosure dated June 21, 2013, and entered in Case No. 2009 CA 007146 of the Circuit Court of the TWELFTH Judicial Circuit in and for MANATEE COUNTY, Florida, wherein GMAC MORTGAGE, LLC, is Plaintiff, and VIRGINIA GARRETT, et al are Defendants, the clerk will sell to the highest and best bidder for cash, beginning at 11:00 AM at www.manatee.realforeclose.com, in accordance with Chapter 45, Florida Statutes, on the 22 day of October, 2013, the following described property as set forth in said Summary Final Judgment, to wit:
FROM THE INTERSECTION OF THE EASTERLY LINE OF THE 100 FOOT RIGHT OF WAY OF THE NEW LOCATION OF TAMAIMI TRAIL (US 41) AND THE NORTHERLY LINE OF THE 70 FOOT RIGHT-OF-WAY OF MAGELLAN DRIVE (DESOTA DR), AS SAID DESOTA DRIVE IS SHOWN ON THE PLAT OF WHITFIELD ESTATES RECORDED IN PLAT BOOK 6,PAGE 37, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; RUN NORTH 68 DEGREES, 45'00” E ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF MAGELLAN DRIVE (DESOTA DR), 109.20 FEET THENCE CONTINUING ON SAID LINE ON A CURVE TO THE LEFT OF 2180.71 FEET RADIUS, RUN NORTHEASTERLY 535.60 FEET, THENCE CONTINUING ON SAID LINE ON A CURVE TO THE RIGHT OF 321.00 FEET RADIUS, RUN EASTERLY 245.51 FEET, THENCE RUN 1 DEGREE 40'00” W, 210.94 FEET, THENCE S 72 DEGREES 24'00” W, 53.30 FEET TO AN IRON PIPE FOR POINT OF BEGINNING, THENCE S 17 DEGREES 36' 00” E 6.80 FEET TO A SEAWALL AT THE WATERS OF A BOAT BASIN; THENCE RUN SOUTHEASTERLY ALONG THE SEAWALL 183.54 FEET, THENCE N 17 DEGREES 36' 00” W, 113.70 FEET, THENCE N 24 DEGREES 12' 37” E 12.70 FEET, THENCE N 17 DEGREES 36' 00” W 25.20 FEET TO A SEAWALL AT THE WATERS OF BOLEE'S CREEK, THENCE SOUTHEASTERLY ALONG SAID SEAWALL TO A POINT WHICH BEARS N 17 DEGREES 36' 00” WEST FROM THE POINT OF BEGINNING, THENCE S 17 DEGREES 36' 00”, 64.50 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH ALL RIPARIAN RIGHTS THEREUNTO BELONGING, AND TOGETHER WITH AND SUBJECT TO A 20' EASEMENT FOR INGRESS AND EGRESS OVER THE NORTHERLY 20' FEET OF TRACTS “L” AND “M” AND CONTINUING SOUTH FROM THE SHORE LINE OF BOLEE'S CREEK AND THE EAST LINE OF TRACT “L” OVER AND UNLETTERED TRACT BOUNDED ON THE EAST OF TRACTS “J” AND “K” AND ON THE WEST BY A BOAT BASIN AND TRACT “I” TO DESOTA DRIVE AS SHOWN ON PLAT RECORDED IN PLAT BOOK 6, PAGE 37, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA
Any person claiming an interest in the surplus funds from the sale, if any, other than the property owner as of the date of the lis pendens must file a claim within 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 the Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, 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.
Dated: September 18, 2013
By: /s/ Heather J. Koch
Phelan Hallinan, PLC
Heather J. Koch, Esq.,
Florida Bar No. 89107
Emilio R. Lenzi, Esq.,
Florida Bar No. 0668273
Phelan Hallinan, PLC
Attorneys for Plaintiff
2727 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Tel: 954-462-7000
Fax: 954-462-7001
Service by email:
[email protected]
Sept. 27; Oct. 4, 2013 13-03042M