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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 004142
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2006-29T1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2006-29T1
Plaintiff, vs.
DAVID J. JOHNSTON, et al
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Summary Final Judgment of foreclosure dated March 27, 2014, and entered in Case No. 2009 CA 004142 of the Circuit Court of the TWELFTH Judicial Circuit in and for MANATEE COUNTY, Florida, wherein THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2006-29T1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-29T1, is Plaintiff, and DAVID J. JOHNSTON, 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 May, 2014, the following described property as set forth in said Summary Final Judgment, to wit:
Portions of Lot 1 and Tract A, HOLMES BEACH 16TH UNIT, according to the plat thereof recorded in Plat Book 9 at page 25 of the Public Records of Manatee County, Florida, all lying and being in the City of Holmes Beach, Florida, and being more particularly described as follows:
Commence at the Southwest corner of Lot 4 of said Holmes Beach 16th Unit, thence run N. 3 degrees 44 minutes 00 second E, along the Easterly Right-of-Way line of Flotilla Drive and along the Westerly lines of said Lots 4, 3, 2 and 1 of said Holmes Beach 16th Unit, for a distance of 320.00 feet to the point of beginning of the following described parcel of land; thence continue N 3 degrees 44 minutes 00 second E along the previously described line for a distance of 80.00 feet to a point, said point being the Northwest corner of said Lot 1, thence run S 85 degrees 42 minutes 00 second E, along the Northerly line of said Lot 1 and Tract A, for a distance of 116.23 feet to a point, thence run S 3 degrees 44 minutes 00 second W, along a line parallel with the Easterly Right-of-Way line of said Flotilla Drive, for a distance of 57.65 feet to a point, thence run S 83 degrees 23 minutes 51 seconds W for a distance of 118.16 feet to the point of beginning.
Together with a one-seventh interest in the common elements of property described as follows:
Portions of Lot 5 and Tract A, 'HOLMES BEACH 16TH UNIT', according to the plat thereof as recorded in Plat Book 9, page 25 of the Public Records of Manatee County, Florida, all lying and being in the Town of Holmes Beach, Florida, and being more particularly described as follows:
Commence at the Southeast corner of said Lot 5; thence run S 57 degrees 40 minutes 30 seconds W, along the Southerly line of said Lot 5 and along the Northerly Right-of-Way line of East 59th Street, for a distance of 94.03 feet to the point of beginning of the following described parcel of land; thence continue S 57 degrees 40 minutes 30 seconds W, along the previously described line, for a distance of 35.71 feet to a point, said point being 142.43 feet North 57 degrees 40 minutes 30 seconds E as measured from the Southwest corner of Lot 4 of said 'Holmes Beach 16th Unit'; thence run N 0 degree 31 minutes 03 seconds E, along a line parallel with and 109.0 feet Westerly of as measured at right angles to the Easterly line of said Lot 5, for a distance of 195.51 feet to a point; thence run N 73 degrees 11 minutes 43 seconds E for a distance of 12.91 feet to a point; thence run N 3 degrees 44 minutes 00 second E, along a line parallel with and 116.24 feet Easterly of as measured at right angles to the Easterly Right-of-Way of Flotilla Drive, for a distance of 115.30 feet to a point on the North line of said Tract A; thence run S 85 degrees 42 minutes 00 second E, along the previously described line, for a distance of 90.40 feet to a point, said point being the Northeast corner of said Tract A; thence run S 0 degree 31 minutes 03 seconds W, along the Easterly line of said Tract A and along the Westerly line of Lot 6 of said 'Holmes Beach 16th Unit', for a distance of 48.65 feet to a point; thence run N 86 degrees 16 minutes 00 second W for a distance of 63.11 feet to a point; thence run S 3 degrees 44 minutes 00 second W along a line parallel with and 146.14 feet Easterly of as measured at right angles to the Easterly Right-of-Way line of said Flotilla Drive, for a distance of 65.93 feet to the point of curvature of a circular curve to the right having a radius of 30.0 feet; thence run Southwesterly along the arc of said curve to the right through a central angle of 35 degrees 53 minutes 49 seconds for an arc distance of 18.80 feet to the point of reverse curvature of a circular curve to the left having a radius of 25.0 feet; thence run Southwesterly along the arc of said curve to the left through a central angle of 39 degrees 06 minutes 46 seconds for an arc distance of 17.07 feet to the point of tangency; thence run S 0 degree 31 minutes 03 seconds W along a line parallel with and 79.0 feet Westerly of as measured at right angles to the Easterly line of said Lot 5, for a distance of 145.29 feet to the point of beginning.
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: April 15, 2014
By: /s/ Heather Griffiths
Phelan Hallinan, PLC
Heather Griffiths, Esq.,
Florida Bar No. 0091444
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]
April 18, 25, 2014 14-01282M