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FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE
12TH JUDICIAL CIRCUIT, IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 41-2013-CA-005354
FEDERAL NATIONAL MORTGAGE ASSOCIATION,
Plaintiff, vs.
KERRY R. WARD A/K/A KERRY RYAN WARD, et al.,
Defendants.
TO:
MANATEE RIVER COMMUNITY DEVELOPMENT CORPORATION, A FLORIDA CORPORATION
Last Known Address: C/O ANY OFFICER OR DIRECTOR AUTHORIZED TO ACCEPT SERVICE 2400 90TH STREET NW, BRADENTON, FL 34209
Current Residence Unknown
YOU ARE NOTIFIED that an action for Foreclosure of Mortgage on the following described property:
SEE ATTACHED EXHIBIT A.
Exhibit A
Description: (Tract #21)
A parcel of land lying in Section 3, Township 33 South, Range 19 East, Manatee County, Florida, described as follows:
Commence at the Southwest corner of Section 3, Township 33 South, Range 19 East, Manatee County, Florida; thence N.88Ëš47'25”E. along the South line of said Section 3, a distance of 549.46 feet to a point on the Southeasterly Right of Way line of State Road No. 43 (U.S. 301) (200' Wide), the next three calls are along said Southeasterly Right of Way line; (1) thence N.35Ëš54'30'.'E., a distance of 848.39 feet, to the point of curvature of a curve turning to the left having: a radius of 23050.32 feet, a central angle of. 1°30'00”, a chord bearing of N.35°09'30”E., and a chord length of 603.44 feet; (2) thence along the arc of said curve, an arc length of 603.46 feet to the point of tangency; (3) thence N.34°24'30”E., a distance of 1168.71 feet; thence S.89°39'18”E., a distance of 983.03 feet to the POINT OF BEGINNING; thence continue S.89”39'18”E., a distance of 969.98 feet to a point on the westerly line of lands described in Official Records Book 1622, Page 1817, Public Records of Manatee County, Florida; thence N.00Ëš23'30”W. along said westerly line, a distance of 234.03 feet; thence .N.89Ëš39'18”W., a distance of 907.40 feet; thence S. 14Ëš37'34”W., a distance of 241.48 feet to the POINT OF BEGINNING.
Perpetual Easement and Reservation
TOGETHER WITH a non-exclusive 20' wide easement for utilities and also for the purpose of vehicular and pedestrian ingress, egress, passage and delivery from the public right-of-way commonly known as State Road 43 (Hwy 301), over, across and upon the following described property (the servient estate):
Commence at the Southwest corner of Section 3, Township 33 South, Range 19 East, Manatee County, Florida; thence N.88°47'25”E. along the South line of said Section 3, a distance of 549.46 feet to a point on the Southeasterly Right of Way line of State Road No. 43 (U.S. 301) (200' Wide), the next three calls are along said Southeasterly Right of Way line; (1) thence N.35°54'30”E., a distance of 848.39 feet, to the point of curvature of a curve turning to the left having: a radius of 23050.32 feet, a central angle of 1Ëš30'00”, a chord bearing of N.35Ëš09'30”E., and a chord length of 603.44 feet; (2) thence along the arc of said curve, an arc length of 603.46 feet to the point of tangency; (3) thence N.34Ëš24'30”E., a distance of 1168.71 feet to the POINT OF BEGINNING; thence S.89Ëš39'18”E., a distance of 983.03 feet; thence N.14Ëš37'34”E., a distance of 20.64 feet; thence N.89Ëš39'18”W., a distance of 974.60 feet to the point on the aforementioned Southeasterly Right of Way line of State Road No. 43; thence S.34Ëš24'30”W. along said Southeasterly Right of Way line , a distance of 24.14 feet to the POINT OF BEGINNING.
The above-described easement shall run with the land and shall be binding upon the current owner of the servient estate and upon all successors, successors-in-title, heirs, assigns, tenants and invitees. The above-described easement shall inure to the benefit of the current owner of the dominant estate and all successors, successors-in-title, heirs, assigns, tenants and invitees.
THE GRANTOR RESERVES for itself, and for its successors, successors-in-title, assigns, tenants and invitees, the right to use the easement area granted herein; however, all parties shall use the easement reasonably and the easement area shall remain open, free and unobstructed for the use intended and authorized hereby.
Deed Restrictions
All dwellings and/or residences placed on the above-described Tract 21 shall be constructed on-site. No manufactured home or modular dwelling unit shall be installed, erected or otherwise placed on Tract 21, except that a manufactured home may be placed on the property temporarily during construction as provided in, and in accordance with, Section 705.3 of the Manatee County Land Development Code, amended from time to time.
For the purpose of this restriction, the term “manufactured home” shall mean any structure transportable in one (1) or more sections, that is built on a permanent chassis, and is designed for residential occupancy. The term “manufactured home” shall include, but shall not be limited to, park trailers, mobile homes and recreational vehicles. The term “modular dwelling unit” shall mean any factory fabricated transportable building unit whether designed to be used by itself, or incorporated with other like units, at a building site, that will be a finished permanent building in a fixed location on a permanent foundation.
The foregoing restriction shall be construed as a covenant running with the land and shall be binding upon and enforceable against the current owner of the above-described Tract 21 and upon all of the current owner's successors, successors-in-title, heirs, assigns, tenants and invitees.
This restriction shall inure to the benefit of, any may be enforced by the current owner and all successors, successors-in-title, heirs, assigns, tenants and invitees of the current owner of the following described property (the benefited property):
All of the following property, except the above-described Tract 21, lying east of Highway U.S. 301:
The NW 1/4 of the NE 1/4, the N 1/2 of the SW 1/4 of the NE 1/4 and a strip 88 yards wide off the east side of the NE 1/4 of the NW 1/4, and the S 1/2 of the NW 1/4, less land described in O.R. Book 859, Page 664 of the Public Records of Manatee County, Florida.
Also, the NE 1/4 of the SW 1/4, the NW 1/4 of the SE 1/4 and the S 1/2 of the SW 1/4 of the NE 1/4; subject to 1/2 acre cemetery located in the NW 1/4 of the SE 1/4 as described in Deed Book 55, Page 449 of the Public Records of Manatee County, Florida. Less road right-of-way. Less that part of the NE 1/4 of the SW 1/4 as described in O.R. Book 859, Page 664 of the Public Records of Manatee County, Florida.
All of the above lying and being in Section 3, Township 33 South, Range 19 East, Manatee County, Florida.
EXHIBIT
Pursuant to Section 199.145 (4) (b), Florida Statutes, this Mortgage is a refinancing of an existing Mortgage from the Mortgagor hereunder to the Mortgagee hereunder. The existing Mortgage is recorded in O.R. Book 1970, Page 622, Public Records of Manatee County, Florida. The existing Mortgage presently has an unpaid balance of principal and accrued interest of $206,813.67. This amount is shown for the purpose of determining the correct amount of Florida Intangible Tax due with respect to this Mortgage. The initial principal balance of this mortgage is $285,000.00. Florida Intangible Tax is being paid on $78,186.33, which is the amount by which the new obligation exceeds the unpaid balance of principal and interest of the original obligation.
has been filed against you and you are required to serve a copy of your written defenses, if any, to it, on Choice Legal Group, P.A., Attorney for Plaintiff, whose address is P.O. BOX 9908, FT. LAUDERDALE, FL 33310-0908 within thirty (30) days after the first publication of this Notice in the BUSINESS OBSERVER and file the original with the Clerk of this Court either before service on Plaintiffs attorney or immediately thereafter; 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 accommodations 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.
WITNESS my hand and the seal of this Court this 15 day of OCTOBER, 2014.
RICHARD B. “CHIPS” SHORE III
As Clerk of the Court
(SEAL) By Michelle Toombs
As Deputy Clerk
Choice Legal Group, P.A.
P.O. Box 9908
Fort Lauderdale, FL 33310-0908
11-15545
October 24, 31, 2014 14-03063M