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NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION
CASE NO: 22-CA-000739
U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS INDENTURE TRUSTEE, FOR THE HOLDERS OF THE CIM TRUST 2020-R2, MORTGAGE-BACKEDNOTES, SERIES 2020-R2,
Plaintiff, vs.
ROBERT E. SMITH; WENDY A. SMITH; UNKNOWN TENANT #1; UNKNOWN TENANT #2,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to Final Judgment of Mortgage Foreclosure dated March 14, 2023 entered in Civil Case No. 22-CA-000739 of the Circuit Court of the 20TH Judicial Circuit in and for Lee County, Florida, wherein U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS INDENTURE TRUSTEE, FOR THE HOLDERS OF THE CIM TRUST 2020-R2, MORTGAGE-BACKED NOTES, SERIES 2020-R2 is Plaintiff and ROBERT E. SMITH and WENDY A. SMITH, et al, are Defendants. The Clerk, LINDA DOGGETT, shall sell to the highest and best bidder for cash at Lee County's OnLine Public Auction website: https://www.lee.realforeclose.com, at 09:00 AM on July 12, 2023, in accordance with Chapter 45, Florida Statutes, the following described property located in LEE County, Florida, as set forth in said Final Judgment of Mortgage Foreclosure, to-wit:
A TRACT OF LAND LYING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
FROM THE NW CORNER OF THE SE 1/4 OF SAID SECTION 9, RUN S 88°52'03” E, ALONG THE NORTH LINE OF THE S '/2 OF SAID SECTION 9 FOR 296.40 FEET TO THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF ALICO ROAD; THENCE RUN S 22°17'55” E, ALONG SAID RIGHT -OF -WAY LINE FOR 1664.50 FEET; THENCE RUN S 68°27'05” W (PERPENDICULAR TO SAID SOUTHWESTERLY RIGHT -OF -WAY LINE) FOR 1330.68 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN N 88°53'12” W (PARALLEL TO SOUTH LINE OF SAID SECTION 9) FOR 972.71 FEET TO THE WEST LINE OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 9; THENCE RUN S 01°10'44” E, ALONG SAID WEST LINE FOR 600.92 FEET TO THE SOUTH LINE OF SAID SECTION 9; THENCE RUN S 88°53'12” E, ALONG SAID SOUTH LINE FOR 948.67 FEET TO A POINT THAT LIES 600.44 FEET SOUTHERLY (AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 9) OF THE POINT OF BEGINNING; THENCE RUN N 01°06'48” E (PERPENDICULAR TO SAID SOUTH LINE) FOR 600.44 FEET TO THE POINT OF BEGINNING.
ALSO THE FOLLOWING TRACT OF LAND LYING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA; FROM THE NW CORNER OF THE SE 1/4 OF SAID SECTION 9 RUN S88°52'03” E ALONG THE NORTH LINE OF THE S 1/2 OF SAID SECTION 9 FOR 296.40 FEET TO THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF ALICO ROAD; THENCE RUN S 22°17'15” E ALONG SAID RIGHT -OF -WAY LINE FOR 1664.50 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE CONTINUE ON THE SAME COURSE FOR 40.00 FEET; THENCE RUN S 68°27'05” W FOR 1347.90 FEET; THENCE RUN N 01°06'48” E, TO A POINT THAT BEARS S 68°27'05” W, FROM THE POINT OF BEGINNING; THENCE RUN N 68°27'05” E, 1330.68 FEET TO THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF ALICO ROAD AND THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL:
A PARCEL OF LAND IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA; COMMENCING AT THE NW CORNER OF THE SE1/4 OF SAID SECTION 9; THENCE S 88°52'03” E ALONG THE NORTH LINE OF THE SOUTH 1/2 OF SAID SECTION 9, 296.40 FEET TO THE SOUTHWESTERLY RIGHT -OF -WAY OF ALICO ROAD; THENCE S 22°17'55” E, ALONG SAID RIGHT -OF -WAY LINE, 1,664.50 FEET; THENCE S 69°27'05” W, 1,330.68 FEET TO THE POINT OF BEGINNING; THENCE N 88°53'12” W, PARALLEL TO THE SOUTH LINE OF SAID SECTION 9, 250.00 FEET; THENCE S 01°06'48” W, 600.44 FEET TO THE SOUTH LINE OF SAID SECTION 9; THENCE S 88°53'12” E, ALONG SAID SOUTH LINE, 250.00 FEET, THENCE N 01°06'48” E, 600.44 FEET TO THE POINT OF BEGINNING.
SUBJECT TO A 40' ROADWAY EASEMENT, FOR EGRESS AND INGRESS ACROSS THE NORTH 40 FEET THEREOF TOGETHER WITH A 40' EASEMENT FOR EGRESS AND INGRESS OVER AND ACROSS THE FOLLOWING DESCRIBED PARCEL: FROM THE NW CORNER OF THE SE 1/4 OF SAID SECTION 9, RUN S 88°52'03” E, ALONG THE NORTH LINE OF THE S '/2 OF SAID SECTION 9 FOR 296.40 FEET TO THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF ALICO ROAD; THENCE RUN S 22°17'55” E, ALONG SAID RIGHT -OF -WAY LINE FOR 1664.50 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE CONTINUE ON THE SAME COURSE FOR 40.00 FEET; THENCE RUN 68°27'05” W FOR 1,347.90 FEET; THENCE RUN “N 01°06'48” E TO A POINT THAT BEARS S 68°27'05” W FROM THE POINT OF BEGINNING; THENCE RUN N 68°27'05” E, 1,330.68 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF ALICO ROAD AND THE POINT OF BEGINNING.
A TRACT OF LAND LYING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
FROM THE NW CORNER OF THE SE 1/4 OF SAID SECTION 9, RUN S 88°52'03” E, ALONG THE NORTH LINE OF THE S '/2 OF SAID SECTION 9 FOR 296.40 FEET TO THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF ALICO ROAD; THENCE RUN S 22°17'55” E, ALONG SAID RIGHT -OF -WAY LINE FOR 1664.50 FEET; THENCE RUN S 68°27'05” W (PERPENDICULAR TO SAID SOUTHWESTERLY RIGHT -OF -WAY LINE) FOR 1330.68 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN N 88°53'12” W (PARALLEL TO SOUTH LINE OF SAID SECTION 9) FOR 972.71 FEET TO THE WEST LINE OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 9; THENCE RUN S 01°10'44” E, ALONG SAID WEST LINE FOR 600.92 FEET TO THE SOUTH LINE OF SAID SECTION 9; THENCE RUN S 88°53'12” E, ALONG SAID SOUTH LINE FOR 948.67 FEET TO A POINT THAT LIES 600.44 FEET SOUTHERLY (AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 9) OF THE POINT OF BEGINNING; THENCE RUN N 01°06'48” E (PERPENDICULAR TO SAID SOUTH LINE) FOR 600.44 FEET TO THE POINT OF BEGINNING.
ALSO THE FOLLOWING TRACT OF LAND LYING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA; FROM THE NW CORNER OF THE SE 1/4 OF SAID SECTION 9 RUN S88°52'03” E ALONG THE NORTH LINE OF THE S 1/2 OF SAID SECTION 9 FOR 296.40 FEET TO THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF ALICO ROAD; THENCE RUN S 22°17'15” E ALONG SAID RIGHT -OF -WAY LINE FOR 1664.50 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE CONTINUE ON THE SAME COURSE FOR 40.00 FEET; THENCE RUN S 68°27'05” W FOR 1347.90 FEET; THENCE RUN N 01°06'48” E, TO A POINT THAT BEARS S 68°27'05” W, FROM THE POINT OF BEGINNING; THENCE RUN N 68°27'05” E, 1330.68 FEET TO THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF ALICO ROAD AND THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL:
A PARCEL OF LAND IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA; COMMENCING AT THE NW CORNER OF THE SE 1/4 OF SAID SECTION 9; THENCE S 88°52'03” E ALONG THE NORTH LINE OF THE SOUTH 1/2 OF SAID SECTION 9, 296.40 FEET TO THE SOUTHWESTERLY RIGHT -OF -WAY OF ALICO ROAD; THENCE S 22°17'55” E, ALONG SAID RIGHT -OF -WAY LINE, 1,664.50 FEET; THENCE S 69°27'05” W, 1,330.68 FEET TO THE POINT OF BEGINNING; THENCE N 88°53'12” W, PARALLEL TO THE SOUTH LINE OF SAID SECTION 9, 250.00 FEET; THENCE S 01°06'48” W, 600.44 FEET TO THE SOUTH LINE OF SAID SECTION 9; THENCE S 88°53'12” E, ALONG SAID SOUTH LINE, 250.00 FEET, THENCE N 01°06'48” E, 600.44 FEET TO THE POINT OF BEGINNING.
SUBJECT TO A 40' ROADWAY EASEMENT, FOR EGRESS AND INGRESS ACROSS THE NORTH 40 FEET THEREOF TOGETHER WITH A 40' EASEMENT FOR EGRESS AND INGRESS OVER AND ACROSS THE FOLLOWING DESCRIBED PARCEL: FROM THE NW CORNER OF THE SE 1/4 OF SAID SECTION 9, RUN S 88°52'03” E, ALONG THE NORTH LINE OF THE S '/2 OF SAID SECTION 9 FOR 296.40 FEET TO THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF ALICO ROAD; THENCE RUN S 22°17'55” E, ALONG SAID RIGHT -OF -WAY LINE FOR 1664.50 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE CONTINUE ON THE SAME COURSE FOR 40.00 FEET; THENCE RUN 68°27'05” W FOR 1,347.90 FEET; THENCE RUN “N 01°06'48” E TO A POINT THAT BEARS S 68°27'05” W FROM THE POINT OF BEGINNING; THENCE RUN N 68°27'05” E, 1,330.68 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF ALICO ROAD AND 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 before the clerk reports the surplus as unclaimed. The court, in its discretion, may enlarge the time of the sale. Notice of the changed time of sale shall be published as provided herein.
Dated this 15 day of March, 2023.
Kevin C. Karnes
Clerk of the Circuit Court
(SEAL) By: Theresa Cline
Deputy Clerk
FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP
Attorney for Plaintiff
One East Broward Boulevard, Suite 1111
Fort Lauderdale, FL 33301
04-094661-F00
March 17, 24, 2023 23-00800L