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FIRST INSERTION
NOTICE OF SALE
PURSUANT TO CHAPTER 45
in the circuit court of the TWENTIETH judicial
circuit in and for lee county, florida
CIVIL DIVISION
CASE NO. 09-CA-069548
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHASI 2004-4 30 YR FIX, BY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT
Plaintiff, vs.
Gerner, Michael, et al,
Defendants/
NOTICE IS HEREBY GIVEN pursuant to an Order or Final Judgment of Foreclosure dated August 13, 2013, and entered in Case No. 09-CA-069548 of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, wherein THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHASI 2004-4 30 YR FIX, BY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT is the Plaintiff and Gerner, Michael, Tib Bank, Lee County Florida, Crystal River Corporation, the Defendants, I will sell to the highest and best bidder for cash www.lee.realforeclose.com, the Clerk's website for on-line auctions, at 9:00 a.m. on 28 day of February, 2014, the following described property as set forth in said Order of Final Judgment, to wit:
A LOT OR PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 45 SOUTH, RANGE 22 EAST, PINE ISLAND, LEE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM THE CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER RUN S89?04'30” W ALONG THE NORTH LINE OF SAID FRACTION OF A SECTION FOR 723.56 FEET TO THE POINT OF BEGINNING THENCE RUN S 11 ?08'28” E FOR 468.52 FEET TO THE CENTERLINE OF AN EXISTING STATE ROAD DEPARTMENT DRAINAGE EASEMENT (30 FEE WIDE), THENCE RUN N 88?22'30” W ALONG SAID CENTERLINE FOR 586.68 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE 33 FEET FROM CENTERLINE OF STRINGFELLOW ROAD, THENCE RUN N 15?56'10” W ALONG SAID NORTHEASTERLY LINE FOR 450.36 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID NORTH-EAST QUARTER OF THE SOUTHWEST QUARTER THENCE RUN N 89?04'30” E ALONG SAID NORTH LINE FOR 619.63 FEET TO THE POINT OF THE BEGINNING, CONTAINING 268,816 SQUARE FEET OR 6.171 ACRES, MORE OR LESS. SUBJECT TO AN EASEMENT FOR ROCK SOUND ROAD OVER AND ACROSS THE NORTHERLY 30 FEET THEREOF AND AN EASEMENT FOR SAID STATE ROAD DEPARTMENT DRAINAGE EASEMENT OVER AND ACROSS THE SOUTH 15 FEET THEREOF.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK OF COURT NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
DATED at Lee County, Florida, this 5 day of February, 2014.
Linda Doggett, Clerk,
Lee County, Florida
(SEAL) By: M. Parker
Deputy Clerk
469549.0223/nls
February 14, 21, 2014 14-00755L