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FIRST INSERTION
notice of foreclosure sale
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2009 CA 021762 NC
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2005-17 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-17
Plaintiff, vs.
DENNIS D. DERR, et al
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Final Judgment of foreclosure dated May 1, 2014, and entered in Case No. 2009 CA 021762 NC of the Circuit Court of the TWELFTH Judicial Circuit in and for SARASOTA COUNTY, Florida, wherein THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2005-17 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-17, is Plaintiff, and DENNIS D. DERR, et al are Defendants, the clerk will sell to the highest and best bidder for cash, beginning at 09:00 AM at www.sarasota.realforeclose.com, in accordance with Chapter 45, Florida Statutes, on the 03 day of September, 2014, the following described property as set forth in said Final Judgment, to wit:
Begin at the Northeasterly corner of SARASOTA BY THE SEA SUBDIVISION, as recorded in Plat Book 6, Page 21 of the Public Records of Sarasota County, Florida; thence N 38 deg 00 minute W along the Westerly line of Midnight Pass Road (50 feet wide) 172.4 feet; thence S 52 deg 00 minute W, 160 feet for a Point of Beginning; thence continue S 52 deg 00 minute W, 80 feet; thence N 38 deg 00 minute W, 77.8 feet; thence N 52 deg 00 minute E 80 feet; thence S 38 deg 00 minute E, 77.8 feet to the Point of Beginning, being in an unrecorded plat of 1ST ADDITION TO SARASOTA BY THE SEA SUBDIVISION, located in Section 19, Township 37 South, Range 18 East, Sarasota County, Florida; LESS therefrom any part of the following described road easement which may fall within the boundaries of above described property; Begin at the Northeasterly corner of SARASOTA BY THE SEA SUBDIVISION, as recorded in Plat Book 6, Page 21 of the Public Records of Sarasota County, Florida; thence N 38 deg 00 minute W along the Westerly line of Midnight Pass Road (50 feet wide), 172.4 feet; thence S 52 deg 00 minute W, 150 feet for a Point of Beginning; thence continue S 52 deg 00 minute W, 20 feet; thence N 38 deg 00 minute W, 47.5 feet to a point of curve of a 25 foot radius turn a round; thence Northwesterly and Northeasterly and around said turn a round, an arc distance of 136.5 feet to end of curve of said turn a round (said end of curve lying in a N 38 deg 00 minute W direction from the P.O.B.); thence S 38 deg 00 minute E, 47.5 feet to the Point of Beginning, located in Section 19, Township 37 South, Range 18 East, Sarasota County, Florida. Together with a non-exclusive easement for ingress and egress over the above described road easement.
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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, 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: June 24, 2014
By: /s/ Heather J. Koch
Phelan Hallinan, PLC
Heather J. Koch, Esq.,
Florida Bar No. 89107
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]
June 27; July 4, 2014 14-02852S