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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA
CASE NO. 13-CA-052297
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR IXIS REAL ESTATE CAPITAL TRUST 2005-HE4 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005-HE4,
Plaintiff, vs.
KIMBERLY THOMAS A/K/A KIMBERLY RZEPKA, ET AL.
Defendants
NOTICE IS HEREBY GIVEN pursuant to a Final Judgment of Foreclosure dated February 27, 2015, and entered in Case No. 13-CA-052297, of the Circuit Court of the Twentieth Judicial Circuit in and for LEE County, Florida. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR IXIS REAL ESTATE CAPITAL TRUST 2005-HE4 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005-HE4 (hereafter “Plaintiff”), is Plaintiff and KIMBERLY THOMAS A/K/A KIMBERLY RZEPKA; UNKNOWN SPOUSE OF KIMBERLY THOMAS A/K/A KIMBERLY RZEPKA; LEE COUNTY, FLORIDA; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR LENDERS DIRECT CAPITAL CORPORATION, are defendants. Linda Doggett, Clerk of Court for LEE, County Florida will sell to the highest and best bidder for cash via the internet at www.lee.realforeclose.com, at 9:00 a.m., on the 1 day of April, 2015, the following described property as set forth in said Final Judgment, to wit:
PARCEL 1:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING A PART OF THE SOUTH ½ OF THE NORTH ½ OF THE NORTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 8, TOWNSHIP 43 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:TO FIND THE POINT OF BEGINNING, COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST ¼ OF SAID SECTION 8; THENCE SOUTH ALONG THE NORTH AND SOUTH ¼ LINE 334.2 FEET TO THE POINT OF BEGINNING; THENCE SOUTH ALONG SAID NORTH AND SOUTH ¼ LINE 167.10 FEET TO A POINT; THENCE WESTERLY AND FORMING AN INTERIOR ANGLE OF 90° 345.60 FEET TO A POINT; THENCE NORTHEASTERLY 170 FEET MORE OR LESS TO A POINT LOCATED ON THE NORTH LINE OF THE SOUTH ½ OF THE NORTH ½ OF THE NORTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 8, TOWNSHIP 43 SOUTH, RANGE 25 EAST, WHICH POINT IS LOCATED 325.7 FEET WEST ALONG SAID LINE FROM THE POINT OF BEGINNING; THENCE 325.7 FEET EAST ALONG THE AFOREMENTIONED LINE TO THE POINT OF BEGINNING. THIS CONVEYANCE IS SUBJECT TO AND ENTITLED TO ALL RIGHTS AND RESERVATIONS FOR AN EASEMENT OF INGRESS, EGRESS, PUBLIC UTILITIES, DRAINAGE, AND OTHER RELATED PURPOSES OVER THE FOLLOWING DESCRIBED PROPERTY WHICH IS LOCATED WITHIN THE WITHIN SECTION 8, TOWNSHIP 43 SOUTH, RANGE 25 EAST: TO FIND THE POINT OF BEGINNING, COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST ¼ OF SAID SECTION 8; THENCE SOUTH ALONG THE NORTH AND SOUTH ¼ LINE 516.30 FEET TO THE POINT OF BEGINNING; THENCE WESTERLY AND FORMING AN INTERIOR ANGLE OF 90 DEGREES 661.20 FEET TO A POINT AT THE CENTERLINE OF A CREEK; THENCE NORTHEASTERLY AND FOLLOWING THE CENTERLINE OF SAID CREEK 30 FEET TO A POINT; THENCE EASTERLY 661.20 FEET MORE OR LESS TO THE NORTH AND SOUTH ¼ LOT LINE OF THE SOUTHWEST ¼ OF SECTION 8; THENCE SOUTH ALONG SAID NORTH AND SOUTH ¼ LINE 30 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING A PART OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST ¼ OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 43 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: TO FIND THE POINT OF BEGINNING, COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 8; THENCE SOUTH ALONG THE NORTH AND SOUTH 1/4 LINE 501.3 FEET; THENCE WESTERLY AND FORMING AN INTERIOR ANGLE OF 90 DEGREES 345.60 FEET TO THE POINT OF BEGINNING; THENCE NORTHEASTERLY 170 FEET MORE OR LESS TO A POINT LOCATED ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8-43-25, WHICH POINT IS LOCATED 325.7 FEET WEST ALONG SAID LINE FROM THE NORTH AND SOUTH ¼ LINE; THENCE WESTERLY ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8-43-25 A DISTANCE OF 295.7 FEET TO A POINT; THENCE SOUTHWESTERLY AND FOLLOWING THE CENTERLINE OF A CREEK 171.77 FEET TO A POINT; THENCE EASTERLY 315.6 FEET TO THE POINT OF BEGINNING.THIS CONVEYANCE IS SUBJECT TO AND ENTITLED TO ALL RIGHTS AND RESERVATIONS FOR AN EASEMENT OF INGRESS, EGRESS, PUBLIC UTILITIES, DRAINAGE AND OTHER RELATED PURPOSES OVER THE FOLLOWING DESCRIBED PROPERTY WHICH IS LOCATED WITHIN SECTION 8-43-25: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 8; THENCE SOUTH ALONG THE NORTH AND SOUTH 1/4 LINE 501.3 FEET TO THE POINT OF BEGINNING; THENCE SOUTH ALONG SAID NORTH AND SOUTH 1/4 LINE 15.0 FEET TO A POINT; THENCE WESTERLY AND FORMING AN INTERIOR ANGLE OF 90 DEGREES 346 FEET MORE OR LESS TO A POINT ON THE EASTERLY LINE OF PROPERTY DEEDED THIS DATE (MAY 13, 1982) TO ELIZABETH ANN JONES AND MARGARET NORTON SUDDUTH; THENCE NORTHEASTERLY 30.0 FEET MORE OR LESS TO A POINT LOCATED ON THE EASTERLY LINE OF PROPERTY DEEDED THIS DATE ( MAY 13, 1982) TO BRUCE M. FALLERT; THENCE EASTERLY ALONG A LINE PARALLEL TO THE SOUTHERLY LINE OF THE EASEMENT TO A POINT LOCATED ON THE NORTH AND SOUTH 1/4 LINE 15.0 FEET NORTH OF THE POINT OF BEGINNING; AND THENCE SOUTH ALONG THE SAID NORTH AND SOUTH 1/4 LINE 15.0 FEET TO THE POINT OF BEGINNING.
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 2 day of March, 2015.
Linda Doggett
CLERK OF THE CIRCUIT COURT
(SEAL) BY T. Cline
As Deputy Clerk
Van Ness Law Firm, PLC
1239 E. Newport Center Drive
Suite #110
Deerfield Beach, Florida 33442
Phone (954) 571-2031
[email protected]
AS1012-12/ns
March 6, 13, 2015 15-00920L