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FIRST INSERTION
NOTICE OF ACTION
FORECLOSURE
PROCEEDINGS-PROPERTY
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
Case #: 2012-CA-056260
Bank of America, National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP
Plaintiff -vs.-
Donald A. Caple a/k/a Donald Caple and Susan L. Caple a/k/a Susan D. Caple a/k/a Susan Caple, His Wife; et a1.
Defendant(s).
TO: Donald A. Caple a/k/a Donald Caple; CURRENT ADDRESS UNKNOWN: LAST KNOWN ADDRESS, 4134 Saums Drive, North Fort Myers, FL 33903
Residence unknown, if living, including any unknown spouse of the said Defendants, if either has remarried and if either or both of said Defendants are dead, their respective unknown heirs, devisees, grantees, assignees, creditors, lienors, and trustees, and all other persons claiming by, through, under or against the named Defendant(s); and the aforementioned named Defendant(s) and such of the aforementioned unknown Defendants and such of the aforementioned unknown Defendants as may be infants, incompetents or otherwise not sui juris.
YOU ARE HEREBY NOTIFIED that an action has been commenced to foreclose a mortgage on the following real property, lying and being and situated in Lee County, Florida, more particularly described as follows:
A LOT OR PARCEL OF LAND LYING IN GOVERNMENT LOT 1, SECTION 21, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, WHICH LOT OR PARCEL IS DESCRIBED AS FOLLOWS: FROM A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 1, RUN NORTH 89° 24'20” EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 1 FOR 628.49 FEET TO THE NORTHWEST CORNER OF THE LANDS CONVEYED BY DEED RECORDED IN BOOK 223, PAGE 509, OF THE PUBLIC RECORDS OF LEE COUNTY; THENCE RUN SOUTH 00°03'00” EAST ALONG THE WEST LINE OF SAID LANDS CONVEYED BY DEED RECORDED IN DEED BOOK 223, PAGE 509, FOR 315.0 FEET TO THE SOUTHWEST CORNER OF SAID LANDS CONVEYED BY SAID DEED: RUN NORTH 89°24'20” EAST PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT LOT 1 FOR 95.28 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREBY CONVEYED. FROM SAID POINT OF BEGINNING CONTINUE NORTH 89°24'20” EAST ALONG SAID SOUTH LINE FOR 150.00 FEET, THENCE RUN NORTH 00°03'00” WEST PARALLEL WITH SAID WEST LINE FOR 50.0 FEET; THENCE RUN SOUTH 89°24'20” WEST PARALLEL WITH SAID NORTH LINE OF GOVERNMENT LOT 1 FOR 150.0 FEET: THENCE RUN SOUTH 00°03'00” EAST ALONG THE EAST LINE OF AN EASEMENT 20 FEET WIDE FOR ROADWAY PURPOSE FOR 50.0 FEET TO THE POINT OF BEGINNING: TOGETHER WITH AN EASEMENT FOR ROADWAY PURPOSE 20 FEET WIDE LYING OVER AND ACROSS THE HEREINABOVE MENTIONED ROADWAY eASEMENT. ALSO AN EASEMENT FOR ROADWAY PURPOSES OVER AND ACROSS THE EAST 10 FEET OF LOT 7, AND THE WEST 10 FEET OF LOT 8, BLOCK 8, SECTION 1, FORT MYERS GULF ACRES, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 10, PAGES 66 THROUGH 69, INCLUSIVE, OF SAID PUBLIC RECORDS. (AS CONVEYED BY DEED RECORDED IN OFFICIAL RECORDS BOOK 92, PAGE 661, PUBLIC RECORDS OF LEE COUNTY, FLORIDA.)
A LOT OR PARCEL OF LAND LYING IN GOVERNMENT LOT 1, SECTION 21, TOWNSHIP 44 SOUTH, RANGE 24 EAST, WHICH LOT OR PARCEL IS DESCRIBED AS FOLLOWS: FROM A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 1, RUN NORTH 89°24'20” EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 1 FOR 628.49 FEET TO THE NORTHWESTERLY CORNER OF THE LANDS CONVEYED BY DEED RECORDED IN DEED BOOK 223, PAGE 509, OF THE PUBLIC RECORDS OF LEE COUNTY; THENCE RUN SOUTH 00°03'00” EAST ALONG THE WEST LINE OF SAID LANDS CONVEYED BY SAID DEED FOR 315.0 FEET TO THE SOUTHWEST CORNER OF SAID LANDS; THENCE RUN NORTH 89°24'20” EAST PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT LOT 1 FOR 95.28 FEET TO A POINT ON THE EASTERLY LINE OF A ROADWAY EASEMENT 20 FEET WIDE: THENCE RUN NORTH 00°03'00” WEST ALONG THE EASTERLY LINE OF SAID ROADWAY EASEMENT FOR 125 FEET; THENCE RUN NORTH 89°24'20” EAST PARALLEL WITH SAID NORTH LINE OF GOVERNMENT LOT 1, ALONG THE SOUTHERLY LINE FOR A ROADWAY EASEMENT 20 FEET WIDE, FOR 150.28 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE NORTH 89°24'20” EAST, PARALLEL WITH SAID NORTH LINE, ALONG THE SOUTHERLY LINE OF SAID ROADWAY EASEMENT FOR 60 FEET: THENCE RUN SOUTH 00° 03'00” EAST FOR 125 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LANDS DESCRIBED IN DEED BOOK 223, PAGE 509; THENCE RUN SOUTH 89°24'20” WEST ALONG SAID SOUTHERLY LINE FOR 60 FEET: THENCE RUN NORTH 00°03'00” WEST, PARALLEL WITH THE WESTERLY LINE OF SAID LANDS, FOR 125 FEET TO THE POINT OF BEGINNING. TOGETHER WITH AN eASEMENT FOR ROADWAY PURPOSES 20 FEET WIDE LYING OVER AND ACROSS THE HEREINABOVE MENTIONED ROADWAY EASEMENT. ALSO GRANTING EASEMENT FOR ROADWAY PURPOSES OVER AND ACROSS THE EAST 10 FEET OF LOT 7, AND THE WEST 10 FEET OF LOT 8, BLOCK 8, SECTION 1, FORT MYERS GULF ACRES, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 10, PAGES 66 THROUGH 68, INCLUSIVE, OF SAID PUBLIC RECORDS. (AS CONVEYED BY DEED RECORDED IN OFFICIAL RECORDS BOOK 92, PAGE 661) BEING HEREINABOVE MENTIONED ARE PLANE COORDINATE FOR THE FLORIDA WEST ZONE.
AND ALSO LESS THE FOLLOWING: FROM A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 1, RUN NORTH 89°24'20” EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 1 FOR 628.49 FEET TO THE NORTHWEST CORNER OF THE LANDS CONVEYED BY DEED RECORDED IN BOOK 223, PAGE 509, OF THE PUBLIC RECORDS OF LEE COUNTY; FLORIDA. THENCE RUN SOUTH 00°03'00” EAST ALONG THE WEST LINE OF SAID LANDS CONVEYED BY DEED RECORDED IN DEED BOOK 223, PAGE 509, FOR 315.0 FEET TO THE SOUTHWEST CORNER OF SAID LANDS CONVEYED BY SAID DEED: RUN NORTH 89°24'20” EAST PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT LOT 1 FOR 95.28 FEET: THENCE CONTINUE NORTH 89°24'20” EAST ALONG SAID SOUTH LINE A DISTANCE OF 150.00 FEET: THENCE RUN NORTH 00°03'00” WEST 50.00 FEET TO THE POINT OF BEGINNING OF SAID LESS OUT; THENCE CONTINUE NORTH 00°03'00” WEST A DISTANCE OF 75.00 FEET; THENCE RUN NORTH 89°24'20” EAST A DISTANCE OF 60.00 FEET; THENCE RUN SOUTH 00°03'00”EAST A DISTANCE OF 75.00 FEET; THENCE RUN SOUTH 89°24'20” WEST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
more commonly known as 4134 Saums Drive, North Fort Myers, FL 33903.
This action has been filed against you and you are required to serve a copy of your written defense, if any, upon SHAPIRO, FISHMAN & GACHÉ, LLP, Attorneys for Plaintiff, whose address is 2424 North Federal Highway, Suite 360, Boca Raton, FL 33431, within thirty (30) days after the first publication of this notice and file the original with the clerk of this Court either before service on Plaintiff's attorney or immediately there after; otherwise a default will 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 James Sullivan, Operations Division Manager whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
WITNESS my hand and seal of this Court on the 18 day of FEB, 2014.
Linda Doggett
Circuit and County Courts
(SEAL) By: M. Nixon
Deputy Clerk
Attorneys for Plaintiff:
SHAPIRO, FISHMAN &
GACHÉ, LLP,
2424 North Federal Highway,
Suite 360,
Boca Raton, FL 33431
10-196969 FC01 GRR
Feb. 28; March 7, 2014 14-00951L