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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIt, in and for lee county, florida
GENERAL JURISDICTION DIVISION
Case No. 12-CA-056402
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK , AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2007-3;
Plaintiff, vs.
MIGUEL A. GARCIA ; UNKNOWN SPOUSE OF MIGUEL A. GARCIA; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTESEST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; DANIEL A. ALTHOFF; DAVID J. SCOTT; UNKNOWN SPOUSE OF KAREN BURNETT; UNKNOWN TENANT #1 IN POSSESSION OF THE PROPERTY; UNKNOWN TENANT #2 IN POSSESSION OF THE PROPERTY;
Defendants,
NOTICE IS GIVEN that, in accordance with the Default Final Judgment of Foreclosure dated December 19, 2013 in the above-styled cause, I will sell to the highest and best bidder for cash on January 23, 2014 via electronic sale online @ www.lee.realforeclose.com, beginning at 9:00 AM. in accordance with Chapter 45 Florida Statutes, the following described property:
SOUTH 130 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 27 EAST, LEE COUNTY, FLORIDA, RUN SOUTH 0 DEGREES 26' 10” EAST ON THE WEST BOUNDARY OF SECTION 1, 2,342.45 feet to the point of beginning, continue south 0 degrees 26' 10” east on the west boundary of section 1, township 46 south, range 27 east, 340.21 feet to the point, thence south 82 degrees 31' 10” east, 30.25 feet to an iron stake, CONTINUE SOUTH 82 DEGREES 31' 10” EAST 737.98 FEET TO AN IRON STAKE, THENCE NORTH 01 DEGREES 01' 25” WEST, 340.21 FEET TO AN IRON STAKE, THENCE NORTH 82 DEGREES 31' 10” WEST, 737.98 FEET TO AN IRON STAKE, continue north 82 degrees 31' 10” west, 30.25 feet to a point on the west boundary of section 1, township 46 south, range 27 east, the point of beginning.
together with and subject to easements for ingress, egress and utilities over and across the following described lands:
the easterly most 60 feet of that portion of section 35, township 45 south, range 27 east, lying south of state road 82, lee county, florida, and: the easterly most 60 feet of section 2, township 46 south, range 27 east, lee county, florida, lying north of florida power and light company right of way, as described in official records book 287, page 339 and in official records book 701, page 527, public records of lee county, florida, and: a strip of land 30 feet wide running from the northwest corner of said section 1 to the northeast corner of said section 1, being parallel with the north line of the north boundary of said section 1 BEING PARALLEL WITH THE NORTH LINE OF THE NORTH BOUNDARY OF SAID SECTION 1 and being 30 feet south of the north boundary, and:
a strip of land 30 feet wide being 30 feet distance and west of the east boundary of said section 1 running from the northeast corner of said section 1, southerly 2,744.55 feet to a point on the northerly right of way of the florida power and light company easement as recorded and filed in official records book 287, page 339 and in official records book 401, page 527, public records of lee county, florida,
and:
a strip of land 30 feet wide lying east of the westerly boundary of said section 1, commencing at the northwest corner of said section 1 and running southerly 1,320.28 feet to a point on the northerly right of way of the florida power and light company easement as recorded in official recordS book 287, page 339 and in official records book 701, page 527, public records of lee county, florida, and: a strip of land running east and west being 30 feet north of and 30 feet south of the following described line.
commencing at a point 990 feet south of the northwest corner of said section 1 and on the west boundary of section 1, run north 89 degrees 33'50” east 5,271.34 feet to a point on the easterly boundary of said section 1, and: a strip of land commencing at the northeast corner of said section 1, run south on the east boundary of said section 1 1,990 feet to a point, thence south 89 degrees 33'50” west 1,000.66 feet to the point of beginning, thence 0 degrees 26'10” east 1,484.81 feet to a point on the northerly right of way of the florida power and light company easement, recorded in official records book 287, page 339 and in official records book 701, page 527, lee county public records. this easement right of way boundaries being 30 feet easT and 30 feet west of the aforesaid described line. commencing at the northeast corner of section 1, township 46 south, range 27 east, lee county, florida; run south 01 DEGREES 03'10” EAST ON THE EAST BOUNDARY OF SECTION 1, 2,744.55 FEET TO AN IRON PIPE, THE POINT OF BEGINNING, CONTINUE SOUTH 01 DEGREES 03'10” EAST 1, 657.25 FEET TO AN IRON PIPE, THENCE SOUTH 89 DEGREES 45'00” WEST, 30 FEET TO AN IRON PIPE, THENCE NORTH 01 DEGREES 03'10” WEST 1665.67 FEET TO AN IRON PIPE, THENCE SOUTH 75 DEGREES 22'06” EAST 31.06 FEET TO AN IRON PIPE THE POINT OF BEGINNING. COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 27 EAST LEE COUNTY, Florida; RUN SOUTH 00 DEGREES 26'10” EAST ON THE WEST BOUNDARY OF SAID SECTION 1, 3,022.07 FEET TO A POINT ON THE WEST BOUNDARY OF SAID SECTION 1, THENCE SOUTH 82 DEGREES 31'10” EAST 30.29 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 26'10” WEST 30.29 FEET TO AN IRON PIPE, THENCE SOUTH 82 DEGREES 31'10” EAST 5,320.70 FEET TO A POINT ON THE EAST BOUNDARY OF SAID SECTION 1, THENCE SOUTH 01 DEGREES 03'10” EAST 60.66 FEET TO A POINT ON THE EAST BOUNDARY OF SAID SECTION 1, THENCE NORTH 82 DEGREES 31'10” WEST 5,351.53 FEET TO AN IRON PIPE, THENCE NORTH 00 DEGREES 26'10” WEST 30.29 FEET OF THE POINT OF BEGINNING.
COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 27 EAST IN LEE COUNTY, FLORIDA; RUN SOUTH 00 DEGREES 26'10” EAST ON THE WEST BOUNDARY OF SECTION 1, 1,320.28 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 75 DEGREES 22'06” EAST 31.06 FEET TO AN IRON PIPE, THENCE SOUTH 00 DEGREES 26'10” EAST 3,055.94 FEET TO AN IRON PIPE;, THENCE SOUTH 89 DEGREES 45'00” WEST 30 FEET TO A POINT ON THE WEST BOUNDARY OF SAID SECTION 1, THENCE CONTINUE SOUTH 89 DEGREES 45' 00” WEST 30 FEET INTO SECTION 2, TOWNSHIP 46 SOUTH, RANGE 27 EAST, THENCE NORTH 00 DEGREES 26'10” WEST PARALLEL WITH THE EAST BOUNDARY OF SAID SECTION 2, 3,072.10 FEET TO A POINT; THENCE SOUTH 75 DEGREES 22'06” EAST 31.06 FEET TO THE POINT OF BEGINNING.
PROPERTY ADDRESS: 16401 wildcat dr, fort myers, fl 33913, Lee
ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS 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.
WITNESS my hand and the seal of this court on December 19, 2013.
LINDA DOGGETT
LEE CO. CLERK OF
CIRCUIT COURT
(COURT SEAL) M. Parker
Deputy Clerk of Court
Marinosci Law Group, P.C.
100 West Cypress Creek Rd. Ste 1045
Fort Lauderdale, FL 33309
Phone: 954-644-8704
Fax: 954-772-9601
MLG-NO.: 12-08273
January 3, 10, 2014 14-00017L