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RE-NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 2022 CA 000405
WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST
2007-FXD1,
Plaintiff, vs.
ADAM T. MIGRYT; MARGARET E. MIGRYT; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING
INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT,
TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED,
Defendant(s).
NOTICE IS HEREBY GIVEN pursuant to an Order or Summary Final Judgment of foreclosure dated August 18, 2023 entered in Case No. 2022 CA 000405 of the Circuit Court in and for Flagler County, Florida, wherein WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-FXD1 is Plaintiff and ADAM T. MIGRYT; MARGARET E. MIGRYT; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH,
UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, are Defendants, TOM BEXLEY, Clerk of the Circuit Court, will sell to the highest and best bidder for cash https://flagler.realforeclose.com, 11:00 a.m., on December 1, 2023, the following described property as set forth in said Order or Final Judgment, to-wit:
A PART OF TRACT 1, AND A PART OF TRACT 3, BLOCK 13, LYING IN SECTION 24, TOWNSHIP 12 SOUTH, RANGE 29 EAST, ST JOHNS DEVELOPMENT COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 7 OF THE PUBLIC RECORDS OF FLAGLER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT OF REFERENCE BEING THE SOUTHWEST CORNER OF SAID SECTION BEAR NORTH ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF 686.10 FEET; THENCE LEAVING SAID WEST LINE SOUTH 88 DEGREES 41 MINUTES 24 SECONDS EAST A DISTANCE OF 25.00 FEET TO THE EAST LINE OF A 50.00 FOOT RIGHT-OF-WAY BY PRESCRIPTION AND THE POINT OF BEGINNING OF THIS DESCRIPTION:
THENCE LEAVING SAID EAST LINE CONTINUE SOUTH 88 DEGREES 41 MINUTES 24 SECONDS EAST ALONG THE SOUTH LINE OF TRACT 1, BLOCK 13 OF SAID SECTION A DISTANCE OF 636.11 FEET TO THE WEST LINE OF TRACT 3 OF SAID BLOCK; THENCE SOUTH 00 DEGREES 07 MINUTES 48 SECONDS WEST ALONG THE SAID WEST LINE A DISTANCE OF 92.03 FEET; THENCE LEAVING THE SAID WEST LINE SOUTH 88 DEGREES 41 MINUTES 01 SECONDS EAST A DISTANCE OF 660.90 FEET TO THE EAST LINE OF SAID TRACT; THENCE NORTH 00 DEGREES 15 MINUTES 33 SECONDS WEST ALONG THE SAID EAST LINE A DISTANCE OF 779.40 FEET TO THE NORTH LINE OF SAID TRACT; THENCE NORTH 88 DEGREES 44 MINUTES 44 SECONDS WEST ALONG SAID NORTH LINE AND NORTH LINE OF TRACT 1 OF SAID BLOCK A DISTANC.E OF 1056.31 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00 DEGREES 46 MINUTES 27 SECONDS WEST A DISTANCE OF 257.09 FEET; THENCE NORTH 87 DEGREES 59 MINUTES 35 SECONDS WEST A DISTANCE OF 240.61 FEET TO THE EAST LINE OF SAID 50.00 FOOT RIGHT-OF-WAY; THENCE SOUTH ALONG THE SAID EAST LINE A DISTANCE OF 432.11 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
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 DESCRETION, MAY ENLARGE THE TIME OF THE SALE. NOTICE OF THE CHANGED TIME OF SALE SHALL BE PUBLISHED AS PROVIDED HEREIN.
Pursuant to Florida Statute 45.031(2), this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least 5 days prior to the sale.
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the Clerk of the Court not later than five business days prior to the proceeding at the Flagler County Courthouse. Telephone 904-437-7430 or 1-800-955-8770 via Florida Relay Service.
DATED October 4, 2023.
By: /s/ Ian Dolan
Ian C. Dolan
Florida Bar No.: 757071
Roy Diaz, Attorney of Record
Florida Bar No. 767700
Diaz Anselmo & Associates, P.A.
Attorneys for Plaintiff
499 NW 70th Ave., Suite 309
Fort Lauderdale, FL 33317
Telephone: (954) 564-0071
Facsimile: (954) 564-9252
Service E-mail: [email protected]
1396-182543 / TM1
October 12, 19, 2023 23-00172G