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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT, TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA
CASE NO.: 14-CA-051434
EVERBANK, a federal savings bank,
Plaintiff, vs.
CAPITAL INVESTMENT CORP. OF S.W. FLORIDA, a dissolved Florida corporation; WHITE ELEPHANT DEVELOPMENT CORP., a
North Carolina corporation; RUSSELL C. ATTREE, an individual; I-75 BAYSHORE ROAD INDUSTRIAL PARK OWNERS' ASSOCIATION, INC., a Florida non-profit corporation; LEE COUNTY, FLORIDA, and UNKNOWN TENANT in possession of 17610 East Street, North Fort Myers, Florida,
Defendants.
Notice is hereby given that pursuant to a Partial Summary Judgment of Foreclosure as to Count I of the Complaint in the above-captioned action, I will sell the real and personal property situated in Lee County, Florida, described as follows:
A tract or parcel of land situated in the State of Florida, County of Lee, being a part of Section 21, Township 43 South, Range 25 East and being a part of Lot 9 of 1-75 Bayshore Road Industrial Park according to the map or plat thereof, as recorded in Plat Book 34, Pages 42 through 45 of the Public Records of said Lee County being more particularly described as follows:
Commencing at the Southwesterly most corner of said Lot 9 of 1-75 Bayshore Road Industrial Park; thence North 00°04'23” East along the East line of an ingress/egress easement being the East right-of-way line of East Street N.E. (60 feet wide) for 176.00 feet to the Point of Beginning; thence continue North 00°04'23” East along the East line of said East Street N.E. for 0.68 feet to the intersection of the North right-of-way line of Mercantile Street N.E. (60 feet); thence continue North 00°04'23” East along the East line of said ingress/egress easement for 10.41 feet to the beginning of a curve concave to the Southeast having a radius of 90.00 feet; thence Northerly and Northeasterly along said curve and along the East line of said ingress/egress easement for 92.56 feet through a central angle of 58°55'37”, said curve having a chord bearing of North 29°32'12” East and a chord distance of 88.55 feet to the beginning of a reverse curve concave to the Northwest having a radius of 65.00 feet; thence Northeasterly and Northerly along said curve and along the Easterly line of said ingress/egress easement for 66.85 feet through a central angle of 58°55'37”, said curve having a chord bearing of North 29°32'12” East and a chord distance of 63.94 feet; thence North 00°04'23” East for 65.00 feet; thence South 89°55'37” East for 178.00 feet to the East line of Lot 9; thence South 00°04'23” West along said East line of Lot 9, for 208.85 feet; thence North 89°55'37” West, departing said East line of Lot 9 for 253.00 feet to the Point of Beginning.
at public sale, to the highest and best bidder for cash, at www.lee.realforeclose.com, on the 25 day of March, 2015, at 9:00 a.m., pursuant to the terms of the Partial Summary Judgment of Foreclosure as to Count I of the Complaint and in accordance with Section 45.031, Florida Statutes. 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.
Dated this 3 day of February, 2015.
Linda Doggett
CLERK OF THE Circuit Court
(SEAL) By: T. Cline
Deputy Clerk
James M. Riley, Esq.
Rogers Towers, P.A.
1301 Riverplace Blvd., Suite 1500
Jacksonville, Florida 32207
Attorneys for Plaintiff
February 6, 13, 2015 15-00574L