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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA
CIVIL DIVISION
Case #: 2012-CA-003731
DIVISION: 15
Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc Trust 2006-NC4
Plaintiff, -vs.-
Nicher V. Davis, III a/k/a Nicher V. Davis, Jr. and Darleen L. Davis, Husband and Wife; Jeanie Character; Clerk of Courts Polk County, Florida; Jacquelyn Fancy; Shontoria B. Williams; City of Lakeland, Florida; Unknown Parties in Possession #1, If living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants; Unknown Parties in Possession #2, If living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants
Defendant(s).
NOTICE IS HEREBY GIVEN pursuant to order rescheduling foreclosure sale or Final Judgment, entered in Civil Case No. 2012-CA-003731 of the Circuit Court of the 10th Judicial Circuit in and for Polk County, Florida, wherein Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc Trust 2006-NC4, Plaintiff and Nicher V. Davis, III a/k/a Nicher V. Davis, Jr. and Darleen L. Davis, Husband and Wife are defendant(s), I, Clerk of Court, Stacy M. Butterfield, will sell to the highest and best bidder for cash at www.polk.realforeclose.com at 10:00 A.M. on December 27, 2016, the following described property as set forth in said Final Judgment, to-wit:
TRACT C:
A PORTION OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 28 SOUTH, RANGE 28 EAST, POLK COUNTY, FLORIDA, DESCRIBED AS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 5, AND RUN S89°24'20”E, ALONG THE NORTH BOUNDARY OF SAID SECTION 5, 520.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S89°24'20”E, 461.44 FEET; THENCE S00° 01'45” E, 52.42 FEET; THENCE S89° 24'20”E, 18.56 FEET, THENCE S00°01'43”E, 384.82 FEET; THENCE N89°30'06”W, 480.10 FEET; THENCE N00°00'52”W, 438.05 FEET TO THE POINT OF BEGINNING, LESS COUNTY MAINTAINED ROAD RIGHT OF WAY FOR EMERALD ISLE ROAD, RECORDED IN MAP BOOK 4, PAGE 171, OF THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA. RESERVING UNTO THE TITLE HOLDER OF TRACT B, THE SUCCESSORS AND ASSIGNS HEREAFTER DESCRIBED AS FOLLOWS:
TRACT B:
A PORTION OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 27 SOUTH, RANGE 28 EAST, POLK COUNTY, FLORIDA DESCRIBED AS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 28 SOUTH, RANGE 28 EAST, POLK COUNTY, FLORIDA, AND RUN S89°24'20”E, ALONG THE NORTH BOUNDARY OF SAID SECTION 5, 515.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S89°24'20”E, ALONG SAID NORTH BOUNDARY, 465.72 FEET; THENCE S00°01'45”E, 52.42 FEET, THENCE S 89°24'20”E, 18.56 FEET; THENCE N00°01'45”W, 52.42 FEET; THENCE S89°24'20”E, 6.44 FEET; THENCE 12°19'10”W, 401.15 FEET; THENCE N 88°46'10”W, 448.13 FEET; THENCE S06°10'43”E. 398.76 FEET TO THE POINT OF BEGINNING.AN EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS OF WHICH ONLY A PORTION IS PART OF THIS PROPERTY:
AN EASEMENT DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 28 SOUTH, RANGE 28 EAST, POLK COUNTY, FLORIDA, AND RUN S 89°24' 20” E, ALONG THE NORTH BOUNDARY OF SAID SECTION 5, 515.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89°24'20”E, ALONG SAID NORTH BOUNDARY 465.72 FEET; THENCE S 00°01'45”E, 52.42 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 00°01'45”E, 25 FEET; THENCE S 89°24'20”E, 18.56 FEET; THENCE N 00 DEGREES 01'45”W 25 FEET; THENCE WEST ON A LINE PARALLEL TO THE LINE ON THE SOUTH END OF THE EASEMENT 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.
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 Office of the Court Administrator, (863) 534-4690, within two (2) working days of your receipt of this (describe notice); if you are hearing or voice impaired, call TDD (863) 534-7777 or Florida Relay Service 711.
Submitted By:
ATTORNEY FOR PLAINTIFF:
SHAPIRO, FISHMAN & GACHÉ, LLP
2424 North Federal Highway,
Suite 360
Boca Raton, Florida 33431
(561) 998-6700
(561) 998-6707
11-237705 FC01 SPZ
December 2, 9, 2016 16-02320K