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AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA
Case No. 2015 CA 000331
BANK OF THE OZARKS, AS SUCCESSOR IN INTEREST TO, AND ASSIGNEE OF,
THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF HORIZON BANK,
Plaintiff, vs.
MARILYN J. COUTTS, UNKNOWN SPOUSE, IF ANY, OF MARILYN J. COUTTS, MANATEE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
TENANT #1, AND TENANT #2, THE NAMES BEING FICTITIOUS TO ACCOUNT FOR UNKNOWN
PARTIES IN POSSESSION OF THE PROPERTY,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Stipulated Uniform Final Judgment of Mortgage Foreclosure dated the 28th day of April, 2015 and entered in the above-entitled cause in the Circuit Court of Manatee County, Florida, I will sell to the highest and best bidder for cash online at www.manatee.realforeclose.com, at 11:00 a.m. on the 28th day of May, 2015, the interest in real property situated in Manatee County and described as:
THAT CERTAIN PARCEL OF LAND, AS DESCRIBED AND RECORDED IN OR BOOK 677, PAGE 538, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, TO WIT:
THAT PORTION OF THE NW 1/4 OF THE SE 1/4 OF SECTION 36, TOWNSHIP 33 SOUTH, RANGE 17 EAST, LYING WEST OF THE A.C.L. RAILROAD RIGHT OF WAY AND SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF NEW STATE ROAD NO. 45 - SECTION 13030; ALSO THAT PART OF THE WEST 1/2 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 36, TOWNSHIP 33 SOUTH, RANGE 17 EAST, LYING NORTH OF THE CENTER LINE OF TAMPA GAP DRAINAGE CANAL AND EAST OF THE EASTERLY RIGHT OF WAY LINE OF STATE ROAD NO. 45 - SECTION 13030.
LESS AND EXCEPT THAT PORTION DESCRIBED IN OR BOOK 1201, PAGE 3502, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS BEING DESCRIBED AS FOLLOWS:
COMMENCE AT A CONCRETE MONUMENT MARKING THE NE COMER OF THE W 1/2 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 36, TOWNSHIP 33 SOUTH, RANGE 17 EAST; THENCE N 89°13'22” W, ALONG THE NORTH LINE OF SAID SW 1/4 OF THE SE 1/4 A DISTANCE OF 361.44 FEET TO THE INTERSECTION WITH THE SOUTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD NO. 45 (SECTION 13030-2502), SAID POINT BEING ON THE ARC OF A CURVE, WHOSE RADIUS POINT LIES S 46°45'53” E, 2159.83 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°45'54”, 66.54 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 2159.83 FEET AND SAID RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 00°47'45”, 30.00 FEET; THENCE S 49°19'32” E, 34.00 FEET; THENCE N 41°28'07” E, 58.94 FEET; THENCE N 89°13'22” W, PARALLEL TO THE NORTH LINE OF SAID SW 1/4 OF THE SE 1/4 OF SECTION 36, A DISTANCE OF 45.11 FEET TO THE POINT OF BEGINNING.
BEING AND LYING IN THE W 1/2 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 36, TOWNSHIP 33 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA.
TOGETHER WITH ALL LEASES, RENTS, ISSUES AND PROFITS, FIXTURES, FURNISHING, MATERIALS, SUPPLIES, EQUIPMENT, INVENTORY, LEASES, LICENSES, PERMITS, CONTRACTS, CONTRACT RIGHTS, ACCOUNTS, ACCOUNTS RECEIVABLE, RENTS AND PERSONAL PROPERTY OF BORROWER DEFENDANT(S) LOCATED IN, ON, UNDER OR ABOVE, OR ARISING OUT OF THE PREMISES DESCRIBED ABOVE.
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.
AMERICANS WITH DISABILITIES ACT. 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 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.
s/ Janelle L. Esposito
Janelle L. Esposito, Esquire,
FBN 0035631
Patrick G. Bryant, Esquire,
FBN 0060287
Attorneys for Bank of the Ozarks
Esposito Law Group, P.A.
P. O. Box 9266,
Bradenton, Florida 34206
(941) 251-0000
(941) 251-4044 (Fax)
[email protected]
[email protected]
May 8, 15, 2015 15-01092M