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NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CASE NO. 23-CA-005323
WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE OF CSMC 2022-JR1 TRUST,
Plaintiff, vs.
UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST MICHAEL P. ELLARD, DECEASED; ET AL.,
Defendants.
To the following Defendant:
MATTHEW SEAN ELLARD
(LAST KNOWN ADDRESS-
21656 WINDHAM RUN,
ESTERO, FL 33928)
YOU ARE NOTIFIED that an action for Foreclosure of Mortgage on the following described property:
SEE EXHIBIT “___” FOR LEGAL DESCRIPTION
EXHIBIT 'A'
LOT 10, UNRECORDED BURGUNDY FARMS IN THE W1/2 OF THE SE1/4, SECTION 23, T46S., R26E, LEE COUNTY, FLORIDA
A TRACT OF LAND LYING IN THE WEST HALF (W1/2) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 23, TOWNSHIP 46 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA, WHICH TRACT IS DESCRIBED AS FOLLOWS:
FROM THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 23, RUN N 89° 21' 53” E ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER (SE1/4), SAID SOUTH LINE BEING THE CENTERLINE OF CORKSCREW ROAD, FOR 664.48 FEET; THENCE RUN N 0° 48' 56” W FOR 50 FEET TO THE NORTH LINE OF SAID CORKSCREW ROAD; THENCE RUN N 0° 48' 56” W ALONG THE CENTERLINE OF A ROADWAY EASEMENT 60 FEET WIDE FOR 1311.90 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. FROM SAID POINT OF BEGINNING CONTINUE N 0° 48' 56” W ALONG SAID CENTERLINE FOR 327.70 FEET; THENCE RUN N 89° 11' 04” E FOR 665.27 FEET TO THE EAST LINE OF THE WEST HALF (W1/2) OF SAID SOUTHEAST QUARTER (SE1/4); THENCE RUN S 00° 47' 11” E ALONG SAID EAST LINE FOR 327.70 FEET; THENCE RUN S 89° 11' 04” W FOR 665.11 FEET TO THE POINT OF BEGINNING.
SUBJECT TO AND TOGETHER WITH THE HEREINABOVE DESCRIBED ROADWAY EASEMENT LYING 30 FEET ON EACH SIDE OF SAID DESCRIBED CENTERLINE.
SUBJECT TO EASEMENTS FOR PUBLIC UTILITIES AND DRAINAGE PURPOSES LYING OVER AND ACROSS THE EAST 10 FEET OF THE HEREIN DESCRIBED PARCEL, AND OVER AND ACROSS THE EAST 10 FEET OF THE WEST 40 FEET OF THE HEREINABOVE DESCRIBED PARCEL, ALSO THE NORTH AND SOUTH 10 FEET OF THE HEREINABOVE DESCRIBED PARCEL.
BEARINGS HEREINABOVE MENTIONED ARE FROM CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE1/4) AS BEING N 89° 21' 53” E.
a/k/a 19731 Burgandy Farms Road, Estero, FL 33928
has been filed against you and you are required to serve a copy of your written defenses, if any, to it, upon Heller, Zion & Sanchez, LLP, Attorneys for Plaintiff, whose address is 1428 Brickell Avenue, Suite 600, Miami, FL 33131, Designated Email Address: [email protected], within thirty (30) days after the first publication of this Notice in the BUSINESS OBSERVER and file the original with the Clerk of this Court either before service on Plaintiff's attorney or immediately thereafter, otherwise a default will be entered against you for the relief demanded in the Verified Complaint To Foreclose Mortgage.
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 Brooke Dean, Operations Division Manager, whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1771, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
WITNESS my hand and the seal of this Court this day of 06/21/2023
KEVIN C. KARNES
CLERK OF THE CIRCUIT COURT
(SEAL) By: N. Watson
As Deputy Clerk
Submitted By:
Heller, Zion & Sanchez, LLP,
1428 Brickell Avenue, Suite 600, Miami, FL 33131,
[email protected],
Telephone: (305) 3738001
12074.1747
June 23, 30. 2023 23-01932L