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NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT
IN AND FOR POLK COUNTY, FLORIDA
CIVIL DIVISION
Case No. 2023-CA-004265
Hon. Wayne M. Durden
Civ. Div.: Section 11
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-NC4, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES
2006-NC4,
Plaintiff vs.
THE ESTATE OF NICHER V. DAVIS, JR. A/K/A NICHER VENDUL DAVIS JR.; DARLEEN L. DAVIS; ET AL.,
Defendants.
TO: The Estate of Nicher V. Davis Jr a/k/a Nicher Vendul Davis Jr., and Any and all unknown parties claiming by, through, under, and against the herein named individual defendant(s) who are not known to be dead or alive, whether said unknown parties may claim an interest as spouses, heirs, devisees, grantees, or other claimants
100 Emerald Isle Road
Haines City, FL 33844
YOU ARE NOTIFIED that an action to foreclose a mortgage has filed against you in Polk County, Florida regarding the subject property with a legal description, to-wit:
Exhibit “A”
TRACK 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 S. 89°24'10” E., ALONG THE NORTH BOUNDARY OF SAID SECTION 5 AND RUN S. 89°24'10” E., ALONG THE NORTH BOUNDARY OF SAID SECTION 5, 520.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S. 89°24'20” E., 461.44 FEET; THENCE S. 00°01'45” E., 52.42 FEET; THENCE S. 89°24'20” E., 18.56 FEET; THENCE S. 00°02'45”E, 384.82 FEET; THENCE N. 89°30'06” W., 480.10 FEET; THENCE N. 00°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 271, OF THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA.
RESERVING UNTO THE TITLE HOLDER OF TRACT C 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 COUNRY, 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; THENCE S. 89°24'20” E.., 18.56 FEET; THENCE N. 00°01'45” W., 52.42 FEET; THENCE S. 89°24'20” E, 6.44 FEET; THENCE 23°19'10” W., 401.15 FEET; THENCE N. 88°46'10” W., 448.13 FEET; THENCE S. 06°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°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.
Tax ID: 282805000000033030
you are required to serve a copy of your written defenses, if any, to it on Gary Gassel, Esquire, of Law Office of Gary Gassel, P.A. the plaintiff's attorney, whose address is 2191 Ringling Boulevard, Sarasota, Florida 34237 and the Primary email address for electronic service of all pleadings in this case under Rule 2.516 is as follows: [email protected], within 30 days from the first date of publication on or before 9-25-2023, and file the original with the clerk of this court at 255 N. Broadway Ave., Bartow, FL 33830 either before service on Plaintiff's attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the Complaint.
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, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534-4686, 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.
Dated on AUG 17 2023
Stacey M. Butterfield, CPA
CLERK OF THE COURT
By: Asuncion Nieves
As Deputy Clerk
Law Office of Gary Gassel, P.A.
2191 Ringling Blvd
Sarasota, FL 34237
[email protected]
Attorney for Plaintiff
November 17, 24, 2023 23-01626K