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notice of action constructive

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NOTICE OF ACTION CONSTRUCTIVE SERVICE IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 2013 CA 003605 NC RADC/CADC VENTURE 2010-2, LLC, a Delaware Limited Liability company, as successor in interest to the FEDERAL DEPOSIT INSURANCE CORP. acting as Receiver for FLORIDA COMMUNITY BANK. Plaintiff, v. JACARANDA90 LLC, a Florida Limited Liability Corporation; VENICE AVENUE, LLC; J&J HOMES, INC.; BISCAYNE 107, LLC; JACQUES CLOUTIER ESTATE, and any SUCCESSORS or ASSIGNS; JACQUES CLOUTIER, an individual (Guarantor); LOOE KEY REEF RESORT PROPERTIES, LLC, a Florida Limited Liability Corporat ion and an Individual(Guarantor); LOOE KEY REEF RESORT & DIVE CENTER, LLC, a Florida Limited Liability Corporation; LOOE KEY TIKI RESTAURANT, LLC, a Florida Limited Liability Corporation and an Individual (Guarantor); EDWARDS FAMILY PARTNERSHIP, LP; JANE DOE; and JOHN DOE; and all others who may claim any interest in this property. Defendants. NOTICE OF PUBLICATION TO: JACQUES CLOUTIER AND ANY SUCCESSORS OR ASSIGNS; JACQUES CLOUTIER, AN INDIVIDUAL whose residence is unknown, if he, she, they be living and if he, she, they be dead, the unknown defendants who may be spouses, heirs, divisees, grantees, assignees, lien ors, creditors, trustees and all parties claiming an interest by through under or against the Defendants who are not known to be dead or alive and all parties having or claiming to have any right, title or interest in the property described in the mortga ge being foreclosed: YOU ARE HEREBY NOTIFIED that an action to foreclose a mortgage on the following property: Parcel "A" All that land lying in and being in Section 11, Township 39 South, Range 19 East, Sarasota County, Florida, and consisting of Tracts 80 thru 96, inclusive, less that portion of Tracts 80 and 85, according to the Plat of Venice Farms, recorded in Plat Boo k 2, Page 179, Public Records of Sarasota County, Florida, lying West of the easterly right of way line of Jacaranda Boulevard; also including that portion of the Southwest Quarter of the Northwest Quarter and the North Half of the Southwest Quarter of s aid Section 11, lying outside said plat of Venice Farms, and North of the northerly Right of Way line of Venice Avenue, and East of the Easterly Right of Way line of said Jacaranda Boulevard, described as follows: Commence at the Northwest corner of Section 11, Township 39 South, Range 19 East, Sarasota County, Florida; thence S.00°44'37"W., along the West line of said Section 11, a distance of 1329.55 feet; thence S.89°27'51"E., a distance of 170.38 feet to the e asterly Right of Way line of Jacaranda Boulevard, according to the Order of Taking recorded in Official Records Book 1150, at Page 941, Public Records of Sarasota County, Florida; thence S.00°35'14"W., along said easterly Right of Way line of Jacaranda B oulevard, a distance of 33.00 feet to the southerly Right of Way line of Hardee Drive (66 foot wide Public Right of Way), as shown on the Plat of Venice Farms, recorded in Plat Book 2, Page 179, Public Records of Sarasota County, Florida, for the POINT O F BEGINNING; thence S.89°27'51"E., along said southerly Right of Way line of Hardee Drive, a distance of2467.33 feet to the intersection with the westerly Right of Way line of Fellsmere Road (66 foot wide Public Right of Way), as shown on said Plat of Ve nice Farms; thence S.00°42'31"W., along said westerly Right of Way line, a distance of 1798.68 feet to the northerly Right of Way line of Venice Avenue (100 foot wide Public Right of Way), as shown on said Plat of Venice Farms; thence N. 88°36'34"W., alo ng said northerly Right of Way line, a distance of 602.13 feet to a point on the southwesterly line of Lot 92, as shown on said Plat of Venice Farms; thence S.00°26'51"W., along the northerly maintained Right of Way line Venice Avenue as shown on Maintai ned Right of Way Map, recorded in Road Plat Book, Page 43, Public Records of Sarasota County, Florida, a distance of 10.00 feet; thence continue along said northerly maintained Right of Way line of Venice Avenue, N.88°31'47"W., a distance of 1201.43 feet ; thence N.00°35'14"E., along a line parallel with said easterly Right of Way line of Jacaranda Boulevard, a distance of 691.79 feet; thence N. 88°32"06"W., a distance of 660.08 feet to said easterly Right of Way line of Jacaranda Boulevard; thence 00°35 '14"E., along said easterly Right of Way line of Jacaranda Boulevard, a distance 1077.59 feet to the POINT OF BEGINNING. Parcel "A1" A parcel of land lying in the West half of Section 16, Township 41 South, Range 20 East, Charlotte County, Florida, being more particularly described as follows: Begin at the southeast corner of the Southwest quarter of Said Section 16; Thence along the South line of said Southwest Quarter on an assumed bearing of North 89 Degrees 30 Minutes 59 Seconds West, a distance of 1321.63 feet; Thence North 00 Degrees 29 Minutes 01 Seconds East, a distance of 250.00 feet; Thence North 65 Degrees 14 Minutes 07 Seconds West, a distance of 1065.29 feet; thence North 00 Degrees 50 Minutes 14 Seconds East, a distance of 698.00 feet; Thence North 89 Degrees 09 Minutes 46 Secon ds West to the West line of the Southwest Quarter of said Section 16, a distance of 345.00 feet; Thence North 00 Degrees 50 Minutes 14 Seconds East along said West line to the South line of the Southwest Quarter of the Northwest Quarter of said Section 1 6, a distance of 1254.88 feet; Thence South 89 Degrees 45 Minute 05 Seconds East along said South line of said Southwest Quarter of the Northwest Quarter to the West line of the Southeast Quarter of the Northwest Quarter of said Section 16, a distance of 1324.86 feet; Thence North 00 Degrees 55 minutes 16 Seconds East along said West line to the South line of the Northeast Quarter of the Northwest Quarter of said Section 16, a distance of 1348.41 feet; Thence South 89 Degrees 28 Minutes 18 Seconds East long said South line, a distance of 476.75 feet; Thence South 37 Degrees 04 Minutes 34 Seconds East to the East line of the Southeast Quarter of the Northwest Quarter, a distance of 1378.23 feet; Thence South 01 Degrees 00 Minutes 09 Seconds West along s aid East line of the Southeast corner thereof, a distance of 250.00 feet; Thence South 01 Degrees 00 Minutes 09 Seconds West along the East line of the Southwest Quarter of said Section 16, a distance of 2654.13 feet to the Point Beginning. Containing 16 9.68 acres, more or less. Together with a non-exclusive easement for ingress and egress only over the following described property: [A portion of Section 16, Township 4] South, Range 20 East Charlotte County, Florida, lying 40 feet each side of the following described centerline. ] Commencing at the Southwest corner of said Section 16; Thence South 89 Degrees 30 Minutes 59 Seconds East along the South line of said Section 16, a distance of 497.11 feet to the Northerly Right-of-Way` line of State Road No. 775; Thence North 72 Degr ees 13 Minutes 09 Seconds West, a distance of 40.0 feet to the Point of Beginning of said centerline; Thence North 17 Degrees 46 Minutes 51 Seconds East, a distance of 575.51 feet to the Point of Terminus of said centerline, said Point of Terminus lying on a line which bears South 65 Degrees 14 Minutes 07 Seconds East. [Side lines to be shortened or lengthened as necessary.] has been filed against you and you are required to serve a copy of your written defenses, if any to it on: Robert F. Cooke, Esq., Cooke Law Group, 9245 SW 158 Lane, 2nd Flr, Miami, FL 33157, Plaintiff's attorney on or before August 19, 2013 (no later tha n 30 days from the date of the first publication of this notice of action) and file the original with the Clerk of this court either before service on Plaintiff's attorney or immediately thereafter otherwise default will be entered against you for the re lief demanded in the complaint or petition filed herein. This notice shall be published once a week two consecutive week in the Sarasota Herald Tribune. WITNESS my hand and seal of this Court at Sarasota, County, Florida on this 5 day of July, 2013. KAREN E. RUSHING Clerk of the Circuit Court, Sarasota County, Florida By: G. Kopinsky, As Deputy Clerk (Circuit Court Seal) Date of pub: July 17 & 24, 2013


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