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NOTICE OF SALE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CASE NO.: 2:13-cv-00012-UA-SPC
PNC BANK, NATIONAL ASSOCIATION, successor to RBC BANK (USA),
Plaintiff, v.
ORCHID GROUP INVESTMENTS, L.L.C., a Florida limited liability company, LYNNE W. WASHBURN, an individual, KRISTEN FLAHARTY, an individual, PATRICK FLAHARTY, an individual, and JOHN P. ARNOLD, JR., an individual,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Final Judgment of Foreclosure, dated August 14, 2014, in that certain action styled PNC BANK, NATIONAL ASSOCIATION, Plaintiff, v. ORCHID GROUP INVESTMENTS, L.L.C., a Florida limited liability company, LYNNE W. WASHBURN, an individual, KRISTEN FLAHARTY, an individual, PATRICK FLAHARTY, an individual, and JOHN P. ARNOLD, JR., an individual, are Defendants, CASE NO.: 2:13-cv-12-FtM-38CM, (the “Foreclosure”), pending in the United States Middle District Court, Middle District of Florida, Ft. Myers Division, where PNC BANK, NATIONAL ASSOCIATION is the Plaintiff, and where ORCHID GROUP INVESTMENTS, L.L.C., a Florida limited liability company, LYNNE W. WASHBURN, an individual, KRISTEN FLAHARTY, an individual, PATRICK FLAHARTY, an individual, and JOHN P. ARNOLD, JR., an individual, are Defendants, Philip J. von Kahle (the “Master”), appointed as special master pursuant to the Opinion and Order entered on August 14, 2014 in the Foreclosure, shall sell by public auction on November 18, 2014 at 11:30 a.m. to the highest bidder for cash at the first floor lobby of the United States Courthouse and Federal Building, 2110 First Street, Fort Myers, Florida 33901, in accordance with 28 U.S.C. § 2001 and § 2002, and pursuant to the Final Judgment of Foreclosure and Opinion and Order, the following described property real, situate and being in Lee County, Florida, (collectively, the “Property”), to-wit:
A tract or parcel of land lying in Section 33, Township 43 South, Range 24 East and Section 4, Township 44 South, Range 24 East, Lee County, Florida, said tract being more particularly described as follows:
Commence at a steel pin marking the intersection of the Northerly right-of-way line of Pine Island Road (S.R. # 78), (66 feet wide) and the easterly maintained right-of-way line of Corbett Road; thence N 14°09'20” W, along said maintained right-of-way line 78.18 feet to a steel pin; thence N 06°33'02” W, along said maintained right-of-way line 687.24 feet to a steel pin marking the beginning of a curve concave to the Southwest having for its elements a central angle of 15°27'00” and a radius of 1242.00 feet; thence Northerly along the arc of said curve 334.91 feet to a steel pin; thence N 58°42'20” E, 382.85 feet, to the point of beginning; thence continue N 58°42'20” E, 427.39 feet; thence S 18°13'48” E 484.77; thence S 07°05'34” E 612.92 feet to the intersection with the Northerly right-of-way line of Pine Island Road (S.R. #78), (66 feet wide); thence S 59°35'00” W, 428.96 feet along said Northerly right-of-way line; thence N 06°33'02” W, 687.24 feet; thence N 20°43'42” W, 407.47 feet to the point of beginning.
AND
A tract or parcel of land lying in Section 33, Township 43 South, Range 24 East and Section 4, Township 44 South, Range 24 East, Lee County, Florida, said tract being more particularly described as follows:
Begin at a steel pin marking the intersection of the Northerly right-of-way line of Pine Island Road (S.R. #78), (66 feet wide) and the Easterly maintained right-of-way line of Corbett Road; thence N 14°09'20” W, along said maintained right-of-way line 78.18 feet to a steel pin; thence N 06°33'02” W, along said maintained right-of-way line 687.24 feet to a steel pin marking the beginning of a curve concave to the Southwest having for its elements a central angle of 15°27'00” and a radius of 1242.00 feet; thence Northerly along the arc of said curve 334.91 feet to a steel pin; thence N 58°42'20” E, 382.85 feet; thence S 20°43'42” E, 407.47 feet; thence S 06°33'02” E, 687.24 feet; to the intersection with the Northerly right-of-way line of Pine Island Road (S.R. #78), (66 feet wide); thence S 59°35'00” W, 428.95 feet along said Northerly right-of-way line to the point of beginning.
SAID TRACTS OF LAND BEING NOW DESCRIBED AS FOLLOWS:
Parcel of land lying partly in Section 33, Township 43 South, Range 24 East and partly in Section 4, Township 44 South, Range 24 East, Lee County, Florida, being more particularly described as follows:
Commencing at the intersection of the easterly right-of-way line of Corbett Road with the northerly right-of-way line of Pine Island Road (State Road No. 78), according to Development Plat of “Indian Oaks Trade Centre” prepared by Avalon Engineering, Project No. 8776, dated 10-01-90; thence N. 14°09'20” W. along the said easterly right-of-way line of Corbett Road, a distance of 78.18 feet; thence N. 06°33'02” W. continuing along said right-of-way line, a distance of 578.95 feet, to the Point of Beginning of this description; thence continuing N. 06°33'02” W. along said right-of-way line, a distance of 108.29 feet to the beginning of a curve to the left, thence along an arc of said curve, being the said easterly right-of-way line of Corbett Road, having a radius of 1242.00 feet, a central angle of 15°27'00” and whose chord bears N. 14°16'32” W. for a distance of 333.90 feet, having an arc length of 334.91 feet; thence N. 58°42'20” E. along a non-tangent, non-radial line, a distance of 810.24 feet; thence S. 18°13'46” E. a distance of 442.14 feet; thence S. 59°35'00” W. a distance of 853.45 feet to the said Point of Beginning of this description.
AND
Parcel of land lying partly in Section 33, Township 43 South, Range 24 East and partly in Section 4, Township 44 South, Range 24 East, Lee County, Florida, being more particularly described as follows:
Commencing at the intersection of the easterly right-of-way line of Corbett Road with the northerly right-of-way line of Pine Island Road (State Road No. 78), according to Development Plat of “Indian Oaks Trade Centre” prepared by Avalon Engineering, Project No. 8776, dated 10-01-90; thence N. 59°35'00” E. along the said northerly right-of-way of Pine Island Road, a distance of 857.91 feet; thence N. 07°05'34” W., a distance of 612.92 feet; thence N. 18°13'46” W. a distance of 42.63 feet; thence S. 59°35'00” W. a distance of 853.45 feet to an intersection with the easterly right-of-way line of Corbett Road; thence S. 06°33'02” E. along the said easterly right-of-way line of Corbett Road a distance of 578.95 feet; thence S. 14°09'20” E. continuing along said easterly right-of-way line of Corbett Road, a distance of 78.18 feet to the said Point of Beginning of this description.
Said sale will be made pursuant to and in order to satisfy the terms of said Final Judgment of Foreclosure.
Pursuant to the Final Judgment of Foreclosure, the Plaintiff shall be entitled to credit bid up to the amount of the Final Judgment of Foreclosure, plus interest, and any additional attorney's fees and costs filed by affidavit prior to the sale. The successful bidder shall be required to deliver a deposit to the Master of not less than ten (10) percent of the successful bid price at the time of sale and the balance of the bid price shall be delivered to the Master in cash, certified check or cashier's check made payable to the Clerk of the Court for the United States District Court for the Middle District of Florida no later than 4:00 p.m. on the day following the sale. Should the highest bidder at the sale fail to tender the full bid amount in a timely manner, the Property shall be sold to the next highest bidder timely tendering said next highest bidder's full bid amount, without the necessity of any further sale or advertising. The sale shall be subject to confirmation by order of the Court.
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.
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 Clerk of the United States District Court for the Middle District of Florida, Fort Myers Division, 239-461-2000, at least 7 days before the sale; if you are hearing or voice impaired, call 711.
DATED: August 22, 2014
Respectfully submitted,
/s/ Richard H. Martin
Richard H. Martin
Florida Bar No. 579831
AKERMAN LLP
401 E. Jackson Street, Suite 1700
Tampa, Florida 33602
Telephone: (813) 223-7333
Facsimile: (813) 223-2837
E-mail:
[email protected]
Secondary email:
[email protected]
and
E. Ginnette Childs, Esquire
Florida Bar Number: 0298130
Carrie Ann Wozniak, Esquire
Florida Bar Number: 12666
AKERMAN LLP
Post Office Box 231
420 South Orange Avenue, Suite 1200
Orlando, Florida 32802-0231
Telephone: (407) 423-4000
Facsimile: (407) 843-6610
Email: [email protected]
[email protected]
Attorneys for Plaintiff
Sept. 26; Oct. 3, 10, 17, 2014 14-04307L