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NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
Case No.: 24-CA-000597
KIAVI FUNDING, INC.,
Plaintiff, v.
CAPSTONE REALTY INC, a Florida
Corporation; DION HOLTER, an Individual; EAGLE'S LANDING HOMEOWNERS' ASSOCIATION, INC.; UNKNOWN TENANT #1; UNKNOWN TENANT #2,
Defendant(s),
To the following Defendant(s):
CAPSTONE REALTY INC, a Florida Corporation
(RESIDENCE UNKNOWN)
YOU ARE NOTIFIED that an action for Foreclosure of Mortgage on the following described property:
EAGLE'S LANDING UNIT 3R (3A), SECTION 1, TOWNSHIP 46 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA. FROM THE NORTHEAST CORNER OF LOT 29, BLOCK 17, THE FOREST, UNIT 3, AS RECORDED IN PLAT BOOK 35 AT PAGES 34 THROUGH 37 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, THENCE N 88°58'29” E ALONG THE SOUTHERLY LINE OF TIMBERLAKE DRIVE S.W. (PB 35, PAGES 34-37) FOR 225.34 FEET TO A POINT ON A CURVE CONCAVE WESTERLY; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF AN ACCESS EASEMENT ALONG THE ARC OF A CURVE TO THE RIGHT (RADIUS 21.00 FEET, DELTA ANGLE 19°08'10”, CHORD DISTANCE 6.98 FEET, CHORD BEARING S 19°43'32” E) FOR 7.01 FEET TO A POINT OF REVERSE CURVATURE, THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT (RADIUS 165.00 FEET, DELTA ANGLE 44°39'19”, CHORD DISTANCE 125.37 FEET) FOR 128.60 FEET TO THE POINT OF TANGENCY; THENCE S 54°48'46” E ALONG SAID SOUTHWESTERLY LINE FOR 17.81 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT (RADIUS 150.00 FEET, DELTA ANGLE 25 DEGREES 14' 36”, CHORD DISTANCE 65.55 FEET) FOR 66.09 FEET TO THE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHWESTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT (RADIUS 150.00 FEET, DELTA ANGLE 13°40'40”, CHORD DISTANCE 35.72 FEET) FOR 35.81 FEET; THENCE S 12°00'21” E FOR 247.10 FEET; THENCE S 82°49'49” W FOR 87.49 FEET; THENCE N 00°03'31” W FOR 254.55 FEET TO THE POINT OF BEGINNING.
a/k/a 16610 Timberlakes Dr #2, Fort Myers, FL 33908
has been filed against you and you are required to serve a copy of your written defenses, if any, upon Kelley Kronenberg, Attorney for Plaintiff, whose address is 10360 West State Road 84, Ft Lauderdale, FL 33324 on or before thirty (30) days after the first publication of this Notice in 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 complaint.
This notice is provided pursuant to Administrative Order No. 2.065.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT , 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 PROVISIONS OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COURT ADMINISTRATOR AT LEE COUNTY JUSTICE CENTER, 1700 MONROE STREET, 2ND FLOOR - CIVIL, FORT MYERS, FL 33901, PHONE NO. (239) 533-5000 WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE OR PLEADING; IF YOU ARE HEARING IMPAIRED, CALL 1-800-955-8771 (TDD); IF YOU ARE VOICE IMPAIRED, CALL 1-800-995-8770 (V) (VIA FLORIDA RELAY SERVICES).
WITNESS my hand and the seal of this Court this 22nd day of April, 2024.
Kevin C. Karnes
As Clerk of the Court
(SEAL) By K Harris
As Deputy Clerk
Kelley Kronenberg,
Attorney for Plaintiff,
10360 West State Road 84,
Ft Lauderdale, FL 33324
Apr. 26; May 3, 2024 24-01639L