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NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
OF FLORIDA IN AND FOR
VOLUSIA COUNTY
GENERAL JURISDICTION DIVISION
CASE NO. 2015 11321 CIDL
U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT
SOLELY AS OWNER TRUSTEE
FOR VRMTG ASSET TRUST,
Plaintiff, vs. ROBERT W. WHITAKER, et al.,
Defendant.
NOTICE IS HEREBY GIVEN pursuant to a Summary Final Judgment of Foreclosure entered October 10, 2022 in Civil Case No. 2015 11321 CIDL of the Circuit Court of the SEVENTH JUDICIAL CIRCUIT in and for Volusia County, Deland, Florida, wherein U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST is Plaintiff and Robert W. Whitaker, et al., are Defendants, the Clerk of Court, LAURA E. ROTH, ESQ., will sell to the highest and best bidder for cash electronically at www.volusia.realforeclose.com in accordance with Chapter 45, Florida Statutes on the 14th day of September, 2023 at 11:00 AM on the following described property as set forth in said Summary Final Judgment, to-wit:
A parcel of land situated in Section 29, Township 19 South, Range 32 East, Volusia County, Florida, said parcel being more particularly described as follows:
Commence at a concrete monument at the Northwest corner of Section 29 and run South 00 degrees 00 minutes
02 seconds East along the West line of said Section 29 a distance of 2266.98 feet to an iron pipe; thence run North 35 degrees 11 minutes 41 seconds East, 140.84 feet to the Point of Beginning; thence run North 44 degrees 56 minutes 43 seconds East, 167.67 feet; thence run North 80 degrees 22 minutes 22 seconds East, 167.66 feet; thence run South 89 degrees 52 minutes 40 seconds East, 93.00 feet; thence run South 32 degrees 46 minutes 28 seconds East, 1565.90 feet to an iron pipe; thence continue South 32 degrees 46 minutes 28 seconds East, 120 feet more or less to the waters of a lake; thence run Southwesterly along said waters to a point bearing South 42 degrees 00 minutes 15 seconds East from the Point of Beginning; thence run North 42 degrees 00 minutes 15 seconds West, 140 feet more or less to an iron pipe; thence continue North 42 degrees 00 minutes 15 seconds West, 1629.62 feet to the Point of Beginning. Also known as Lot 10, The Cove at Lemon Bluff, unrecorded. Together with easements for ingress, egress, drainage and utilities over and across the following:
Easements:
A 70 foot easement for utilities and General Road purposes across a strip of land situated in Sections 20 and 29
of Township 19 South, Range 32 East, Volusia County, Florida; said easement lying 45 feet right and 25 feet left
of the following described centerline: Commence at the Northwest corner of said Section 29 and run South 89 degrees 47 minutes 10 seconds East, along the North line of said Section 29, a distance of 1942.95 feet to the Point of Beginning; thence continue South 89 degrees 47 minutes 10 seconds East, along said North line 948.57 feet; thence run North 55 degrees 16 minutes 42 seconds East, 538.19 feet; thence run North 77 degrees 02 minutes 52 seconds East, 302.00 feet; thence run South 70 degrees 07 minutes 38 seconds East 277.85 feet; thence run South 49 degrees 21 minutes 58 seconds East, 331.43 feet; thence run South 75 degrees 36 minutes 33 seconds East, 382.28 feet; thence run South 89 degrees 47 minutes 10 seconds East 160.27 feet to the Easterly right-of-way line of Lemon Bluff Road and the end of said easement.
A 70 foot easement for drainage, utilities and general road purposes situated in Section 29, Township 19 South,
Range 32 East, Volusia County, Florida; said easement lying 35 feet left of and 35 feet right of the following described centerline: Commence at the Northwest corner of said Section 29 and run South 89 degrees 47 minutes 10 seconds East along the North line of said Section 29 a distance of 646.90 feet to the Point of Beginning of said centerline: thence run South 00 degrees 07 minutes 04 seconds West, 2003.29 feet to the end of said easement.
A 70 foot easement for drainage, utilities and general road purposes situated in Section 29, Township 19 South,
Range 32 East, Volusia County, Florida; said easement lying 35 feet left of and 35 feet right of the following described centerline: Commence at the Northwest corner of said Section 29 and run South 89 degrees 47 minutes 10 seconds East along the North line of said Section 29 a distance of 1977.95 feet to the Point of Beginning; thence run South 00 degrees 07 minutes 04 seconds West, 2001.16 feet; thence run North 89 degrees 52 minutes 40 seconds West, 1608.90 feet; thence run South 80 degrees 22 minutes 22 seconds West, 167.66 feet; thence run South 44 degrees 56 minutes 43 seconds West, 167.67 feet; thence run South 35 degrees 11 minutes 41 seconds West, 140.84 feet to the end of said centerline.
A 70 foot easement for drainage, utilities and general road purposes situated in Section 29, Township 19 South,
Range 32 East, Volusia County, Florida; said easement lying 70 feet East of and adjacent to the following described centerline: Commence at the Northwest corner of said Section 29 and run South 00 degrees 00 minutes 02 seconds East, along the West line of said Section 29, a distance of 2226.98 feet to the Point of Beginning; thence continue South 00 degrees 00 minutes 02 seconds East, along said West line, 442.03 feet to the West 1/4 Section corner of said Section 29; thence run South 00 degrees 05 minutes 14 seconds East, along said West line 2070.04 feet to the end of said easement line.
Also an easement for utilities and general road purposes across a cul-de-sac having a radius of 50 feet and its radius point being North 89 degrees 54 minutes 46 seconds East, 50 feet from the above described end of said easement line.
Together with easement for ingress and egress, utilities and drainage as set forth in Deed recorded in Official Records Book 2734, Page 1215, of the Public Records of Volusia 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 before the clerk reports the surplus as unclaimed.
If you are a person with a disability who needs an accommodation in order to access court facilities or participate in a court proceeding, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation, please contact Court Administration in advance of the date the service is needed: Court Administration, 125 E. Orange Ave., Ste. 300, Daytona Beach, FL 32114; (386) 257-6096. Hearing or voice impaired, please call 1 (800) 955-8770.
By: /s/Robyn Katz
Robyn Katz, Esq.
McCalla Raymer Leibert Pierce, LLC
Attorney for Plaintiff
225 East Robinson Street, Suite 155
Orlando, FL 32801
Phone: (407) 674-1850
Fax: (321) 248-0420
Email: [email protected]
Fla. Bar No.: 146803
23-06641FL
August 24, 31, 202323-00187I