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RE-NOTICE OF
FORECLOSURE SALE
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; HOUSEHOLD FINANCE CORPORATION III; JC JOINT VENTURES LLC, A FLORIDA LIMITED LIABILITY COMPANY; MANATEE RIVER COMMUNITY DEVELOPMENT CORPORATION, A FLORIDA CORPORATION; MARGARET E. WARD; UNKNOWN TENANT; IN POSSESSION OF THE SUBJECT PROPERTY,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order Resetting Foreclosure Sale dated the 4th day of June, 2015, and entered in Case No. 41-2013-CA-005354, of the Circuit Court of the 12TH Judicial Circuit in and for Manatee County, Florida, wherein FEDERAL NATIONAL MORTGAGE ASSOCIATION is the Plaintiff and KERRY R. WARD A/K/A KERRY RYAN WARD; HOUSEHOLD FINANCE CORPORATION III; JC JOINT VENTURES LLC, A FLORIDA LIMITED LIABILITY COMPANY; MANATEE RIVER COMMUNITY DEVELOPMENT CORPORATION, A FLORIDA CORPORATION; MARGARET E. WARD; UNKNOWN TENANT (S); IN POSSESSION OF THE SUBJECT PROPERTY are defendants. The Clerk of this Court shall sell to the highest and best bidder for cash electronically at www.manatee.realforeclose.com in accordance with Chapter 45 at, 11:00 AM on the 16th day of July, 2015, the following described property as set forth in said Final Judgment, to wit:
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, as 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.
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 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.
Dated this 26th day of June, 2015.
By: Marlon A. Onias, Esq.
Bar Number: 103927
Submitted by:
Choice Legal Group, P.A.
P.O. Box 9908
Fort Lauderdale, FL 33310-0908
Telephone: (954) 453-0365
Facsimile: (954) 771-6052
Toll Free: 1-800-441-2438
DESIGNATED PRIMARY E-MAIL FOR SERVICE PURSUANT TO FLA. R. JUD. ADMIN 2.516
[email protected]
11-15545
July 3, 10, 2015 15-01569M