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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE 12th JUDICIAL CIRCUIT, IN AND FOR MANATEE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 41-2009-CA-001229
THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION F/K/A THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION, AS SUCCESSOR TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR RASC 2003KS9,
PLAINTIFF, VS.
RICHARD K. BRESNAHAN ET.AL.,
DEFENDANT(S).
NOTICE IS HEREBY GIVEN pursuant to an Order to Reschedule Foreclosure Sale dated December 4, 2013 and entered in Case No. 41-2009-CA-001229 in the Circuit Court of the 12th Judicial Circuit in and for Manatee County, Florida wherein THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION F/K/A THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION, AS SUCCESSOR TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR RASC 2003KS9 was the Plaintiff and RICHARD K. BRESNAHAN ET.AL. the Defendant(s), that the Clerk will sell to the highest and best bidder for cash, by electronic sale beginning at 11:00 a.m. on the prescribed date at www.manatee.realforeclose.com on the 21st day of January, 2014, the following described property as set forth in said Final Judgment:
BEGIN AT THE INTERSECTION OF THE EASTERLY LINE OF JOHN RINGLING PARKWAY (100 FEET WIDE) WITH THE NORTHERLY LINE OF LOT 3 OF A SUBDIVISION OF FRACTIONAL SECTIONS 25, 26 AND PART OF SECTION 24, TOWNSHIP 35 SOUTH, RANGE 16 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 16 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE NORTH 50 DEGREES 00' EAST ALONG THE NORTHERLY LINE OF SAID LOT 3, 420 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE NORTH 50 DEGREES 00' EAST, 105 FEET; THENCE SOUTH 40 DEGREES 48' EAST, 100 FEET TO THE SOUTHERLY LINE OF SAID LOT 3; THENCE SOUTH 50 DEGREES 00' WEST, 105 FEET; THENCE NORTH 40 DEGREES 48' WEST 100 FEET TO THE POINT OF BEGINNING; RESERVING THEREFROM AN EASEMENT OF A 20 FOOT STRIP FROM THE NORTHERLY SIDE OF THE ABOVE DESCRIBED PROPERTY FOR ROAD PURPOSES AND UTILITY PURPOSES. THE ABOVE DESCRIBED LAND IS DESIGNATED AS TRACT 5 AS SHOWN BY A SURVEY OF J. LEWIS COBIA, REGISTERED LAND SURVEYOR, A COPY OF WHICH IS ATTACHED TO WARRANTY DEED RECORDED IN DEED BOOK 356, PAGE 467.
TOGETHER WITH A NON EXCLUSIVE EASEMENT FOR PEDESTRIAN PURPOSES ONLY TO THE GULF OF MEXICO OVER THE SOUTHERLY 5 FEET OF TRACTS 1 AND 2 AS SHOWN AND DESCRIBED ON THAT CERTAIN PLAT OR SURVEY MADE BY J. LEWIS COBIA, REGISTERED LAND SURVEYOR, A COPY OF WHICH IS ATTACHED TO WARRANTY DEED RECORDED IN DEED BOOK 356, PAGE 467. THE PROPERTY OVER WHICH SAID EASEMENT SHALL RUN IS MORE FULLY SET OUT IN THAT CERTAIN INDENTURE BETWEEN THE GRANTORS AND S. FLOYD SCRIVENER, SR. AND CHARLOTTE SCRIVENER, DATED THE 25TH DAY OF NOVEMBER, 1955 AND RECORDED IN DEED BOOK 338, PAGE 495 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
THE GRANTORS ALSO GRANT TO THE GRANTEES AN EASEMENT FOR RIGHT OF WAY PURPOSES TO THE CANAL LYING NORTHEASTERLY OF THE LANDS HEREBY CONVEYED OVER THE NORTHERLY 20 FEET OF SAID LOT 3, AS THE SAME IS SHOWN ON THE PLAT OF J. LEWIS COBIA HERETO ATTACHED TO DEED BOOK 356, PAGE 467; TOGETHER WITH AN EASEMENT OR RIGHT TO USE OF THE 20 FOOT STRIP ON SAID CANAL DESIGNATED AS CANAL TRACT 5 ON SAID EXHIBIT “A” FOR BOAT DOCKING PURPOSES. SAID EASEMENT TO THE CANAL, HOWEVER, SHALL EXTEND ONLY AS FAR AS NECESSARY TO USE SAID CANAL TRACT 5.
ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS OF THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER, AS OF THE DATE OF THE LIS PENDENS, MUST FILE A CLAIM WITHIN SIXTY (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.
This 18th day of December, 2013,
s/Stephen M. Huttman
Stephen M. Huttman
Florida Bar # 102673
Bus. Email:
[email protected]
Pendergast & Morgan, P.A.
115 Perimeter Center Place
South Terraces Suite 1000
Atlanta, GA 30346
Telephone: 678-392-4957
PRIMARY SERVICE:
[email protected]
Attorney for Plaintiff
10-12835 dgl_fl
Dec. 27, 2013; Jan. 3, 2014 13-04086M