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NOTICE OF JUDICIAL SALE PURSUANT TO §45.031, FLA.STAT.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CASE NO.: 13-CA-002598
RADC/CADC VENTURE 2010-2, LLC, a Delaware Limited Liability Company, as assignee of the FEDERAL DEPOSIT INSURANCE CORP., acting as Receiver for FLORIDA COMMUNITY BANK,
Plaintiff, vs.
SANTOYO TRUCK PARTS & REPAIRS, INC., an active Florida Corporation; and FERNANDO SANTOYO, an Individual (Guarantor),
Defendants.
TO ALL DEFENDANTS AND ALL OTHERS WHOM IT MAY CONCERN:
Notice is hereby given that pursuant to the Consent Final Judgment, recorded on September 26, 2016, in Case No.:13-CA-002598 of the Twentieth Judicial Circuit in and for Lee County, Florida, in which NCP Fund I Holdings, LLC, is the Plaintiff, and Santoyo Truck Parts & Repairs, LLC, is the Defendant. The Lee County Clerk of Courts will sell at public sale the following described real property:
SEE ATTACHED EXHIBIT “A”
LEGAL DESCRIPTION
EXHIBIT “A”
A parcel of land lying in Section 30, Township 44 South, Range 26 East, of Lee County, Florida, being more particularly described as follows:
BEING A PART OF PARCEL D AS RECORDED IN OFFICIAL RECORDS BOOK 4244, PAGE 3247, AND OFFICIAL RECORD BOOK 4324, PAGE 3241, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AND FURTHER BEING DESCRIBED AS A PARCEL OF LAND LYING WITHIN SECTION 30, TOWNSHIP 44 SOUTH, RANGE 26 EAST, AND BEING PART OF THAT LAND VACATED IN OFFICIAL RECORD BOOK 2633, PAGE 1695, AND BEING PART OF THAT LAND SHOWN IN PLAT BOOK 15, PAGE 81, WHICH LIES NORTH OF BLOWFISH CANAL, WEST OF AMBERJACK CANAL, AND EAST OF WESTGATE AND LEONARD BOULEVARDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC) AT THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 44 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA;
THENCE N 80 DEGREES 59' 22” W, ALONG THE EAST SECTION LINE OF SAID SECTION 30, 100.00 FEET TO AN IRON ROD FOUND (CAP NO. LB 6729);
THENCE, LEAVING SAID EAST SECTION LINE, S 89 DEGREES 30' 44” W, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID BLOWFISH CANAL, 545.80 FEET TO AN IRON ROD FOUND (CAP NO. 4353), SAID POINT BEING THE POINT OF BEGINNING (POB) OF THE PARCEL HEREIN DESCRIBED;
THENCE, CONTINIUING ALONG SAID RIGHT-OF-WAY LINE, S 89 DEGREES 30' 44” W, 437.78 FEET TO AN IRON ROD SET;
THENCE, LEAVING SAID RIGHT-OF-WAY LINE AND ALONG A NEW LINE, N 00 DEGREES 29' 48” W, 252.53 FEET TO AN IRON ROD SET, SAID POINT BEING LOCATED IN THE CENTER LINE OF A 60 FOOT WIDE EASEMENT (PARCEL 1, OFFICIAL RECORD BOOK 4131, PAGES 2847-2851);
THENCE, CONTINUING ALONG SAID CENTERLINE, N 89 DEGREES 30' 12” E, 298.00 FEET TO AN IRON ROD FOUND (CAP NO. 4353), SAID POINT BEING IN THE EASTERLY LINE OF SAID EASEMENT AND THE PC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 65.00 FEET, A CENTRAL ANGLE OF 50 DEGREES 17' 06”, AND A CHORD BEARING AND DISTANCE OF S 24 DEGREES 38' 45” W, 55.23 FEET;
THENCE, CONTINUING ALONG THE ARC OF SAID CURVE AND EASEMENT LING, 57.05 FEET TO AN IRON ROD FOUND (CAP NO. 4353), SAID POINT BEING THE TERMINATION OF SAID CURVE;
THENCE, LEAVING SAID EASEMENT LINE, N 89 DEGREES 30' 12” E, 169.50 TO AN IRON ROD FOUND (CAP NO. 4353);
THENCE S 00 DEGREES 59' 22” E, 202.41 FEET TO THE POINT OF BEGINNING (POB).
The sale will be held on October 28, 2016 to the highest bidder or bidders for cash in accordance with §45.031, Fla.Stat. At: www.lee.realforeclose.com, the Clerk's website for on-line auctions at 9:00 A.M. Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of this Lis Pendens must file a claim within sixty (60) days after the sale.
Dated OCT 11 2016
Linda Doggett
Clerk of Court
(Court Seal) By: M. Parker
Alvarez, Carbonell, Cooke,
Feltman & DaSilva P
Attorney for Plaintiff
75 Valnecia Ave, 8th Floor
Coral Gables, FL 33145
[email protected]
[email protected]
October 14, 21, 2016 16-02516L