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IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT, IN AND
FOR COLLIER COUNTY, FLORIDA
CASE No. 19-CA-004756
SUN WEST MORTGAGE COMPANY, INC.,
Plaintiff,
vs.
UNKNOWN SPOUSE, HEIRS, BENEFICIARIES,
DEVISEES, GRANTEES, ASSIGNEES,
LIENORS, CREDITORS, TRUSTEES AND ALL
OTHER PARTIES CLAIMING AN INTEREST
BY, THROUGH, UNDER OR AGAINST THE
ESTATE OF ELEANOR M. SMITH, DECEASED,
et al.
Defendants,
/
IN REM FINAL JUDGMENT OF RE-FORECLOSURE
THIS ACTION was heard before the Court on Plaintiff's Motion for Summary
Judgment on May 26, 2021. On the evidence presented it is hereby
ORDERED AND ADJUDGED:
1. Plaintiff, SUN WEST MORTGAGE COMPANY, INC., whose address is 6131
Orangethorpe Avenue, Suite 500, Buena Park, CA 90620, is due:
Principal $295,797.18
Interest to date of this judgment $60,219.86
Title search expense $200.00
Mortgage Insurance Premium $16,164.04
Servicing Fees $4,025.00
Taxes $40,936.72
Insurance $28,577.75
Broker’s Price Opinion/Appraisals $690.00
Property Preservation $1,737.00
Property Inspections $558.50
HOA Dues $15,880.45
Utility Payment $245.00
Repayment ($4,418.72)
Attorneys’ fees
Finding as to reasonable number of hours:
Finding as to reasonable hourly rate:
Other*: Flat Fee: $3,400.00
4864.0231 :
was ewer? 8 721 14@aealtierte(* The requested attorney’s fee is a flat rate fee that the firm’s client has agreed to pay in this
matter. Given the amount of the fee requested and the labor expended, the Court finds that a
lodestar analysis is not necessary and that the flat fee is reasonable.)
Attorneys’ fees total $3,400.00
Court costs now taxed
Clerk Filing Fee $1,922.50
Process Server Fees $1,956.50
Publication $953.76
Subtotal $468,091.78
TOTAL $468,845.54
The grand total that shall bear interest at the rate of 4.31% per annum.
2. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendant(s), on the following described property in Collier County, Florida:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART THEROF
Property Address: 11658 QUAIL VILLAGE WAY, NAPLES, FL 34119
3. If the total sum with interest at the rate described in paragraph 1 and all costs
accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at
public sale on to the highest bidder for cash, on 4 , 2021, in
accordance with section 45.031, Florida Statutes, using the fgflowing:
& At the lobby on the 3rd floor of the Courthouse Annex, Collier County
Courthouse, 3315 Tamiami Trail East, Naples, FL 34112 beginning at 11:00 a.m.
on the prescribed date.
4. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed
for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however,
that the purchase of the property for sale shall be responsible for the documentary stamps
payable on the certificate of title. If plaintiff is the purchaser, the clerk shall credit plaintiff's bid
with the total sum with interest and costs accruing subsequent to this judgment, or such part of it,
as is necessary to pay the bid in full.
5. On filing the certificate of title the clerk shall distribute the proceeds of the sale,
so far as they are sufficient, by paying: first, all of plaintiff's costs; second, documentary stamps
affixed to the certificate; third, plaintiff's attorneys’ fees; fourth, the total sum due to plaintiff,
less the items paid, plus interest at the rate prescribed in paragraph | from this date to the date of
the sale; and by retaining any remaining amount pending the further order of this court.
6. On filing the certificate of sale, defendant(s) and all persons claiming under or
against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate
34864.0231or claim in the property, except as to claims or rights under chapter 718 or chapter 720, Florida
Statutes, if any. Upon the filing of the certificate of title, the person named on the certificate of
title shall be let into possession of the property.
7. Jurisdiction of this action is retained to enter further orders that are proper and to
allow for a supplemental proceedings through a supplemental complaint to add a party or claim.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE
ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO
ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE
FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS
REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE
CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS
AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE
ENTITLED TO ANY REMAINING FUNDS.
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS
YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER
REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO
ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU
ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, 3315 EAST
TAMIAMI TRAIL, STE. 102, NAPLES, FL 34112, 239-252-2646 WITHIN 10 DAYS
AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE
FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE
COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU
CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL
PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN
ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU,
TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT
YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR
PROPERTY WITHOUT THE PROPER INFORMATION, IF YOU CANNOT AFFORD
TO PAY AN ATTORNEY, YOU MAY CONTACT LEGAL AID SERVICE OF
COLLIER COUNTY 2681 AIRPORT ROAD SOUTH, SUITE C-105, NAPLES, FL 34112
239-775-4555 TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES, IF
THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL
BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO
CONTACT LEGAL AID SERVICE OF COLLIER COUNTY 2681 AIRPORT ROAD
SOUTH, SUITE C-105, NAPLES, FL, 34112 239-775-4555 FOR ASSISTANCE, YOU
SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
8. If the Plaintiff is the successful bidder at the sale, the Plaintiff's rights as such
may be assigned to a third party and, in that event, the Clerk of this Court is hereby ordered and
34864.0231directed to issue the Certificate of Title to the Plaintiff's assignee upon application of the
Plaintiff and without further Order of this Court.
9. If the United States of America is a Defendant herein, it shall have the right of
redemption provided by 28 U.S.C. $2410(c) for the period provided therein, running from the
date of the issuance of the Certificate of Title herein and, if it is the purchaser at the foreclosure
sale, it shall be allowed thirty (30) days to deliver a Treasury check to the Clerk of Court in
payment of the amount of its bid. Further, the deposit required by Florida Statutes 45.021(2)
shall be waived.
10. The legal description in the Mortgage contains an error, by entry of this judgment,
and without further action being required, the Mortgage being sued upon is hereby reformed to
reflect the correct legal description as follows:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART THEROF
11. The legal description in the Deed contains an error, by entry of this judgment, and
without further action being required, the Deed being sued upon is hereby reformed to reflect the
correct legal description as follows:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART THEROF
12. Plaintiff shall comply with Title VII of s. 896, Pub. L. No. 111-22, 701-704
(2009), “Protecting Tenants at Foreclosure Act of 2009.”
13. Final Judgment is entered on Defendants: UNKNOWN SPOUSE, HEIRS,
BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS,
TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH,
UNDER OR AGAINST THE ESTATE OF ELEANOR M. SMITH, DECEASED, MARY
CHRISTINE SMITH AKA CHRISTIE SMITH, JEFFREY L. SMITH, JR., JANE L. NICHOLS,
JIM CADEN, QUAIL CREEK VILLAGE FOUNDATION, INC., and UNITED STATES OF
AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT.
DONE AND ORDERED at Naples, Colli
qt
COPIES FURNISHED TO: goose yak
oy
GREENSPOON MARDER LLP °
ATTORNEY FOR PLAINTIFF
100 WEST CYPRESS CREEK ROAD, SUITE 700
FORT LAUDERDALE, FL 33309
SERVICE EMAIL: GAFORECLOSURE@GMLAW.COM
34864.0231UNKNOWN SPOUSE, HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES,
LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN
INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF ELEANOR M.
SMITH, DECEASED
11658 QUAIL VILLAGE WAY Y
NAPLES, FL 34119
MARY CHRISTINE SMITH AKA CHRISTIE SMITH
11658 QUAIL VILLAGE WAY
NAPLES, FL 34119
MARY CHRISTINE SMITH AKA CHRISTIE SMITH
5 MANCHESTER ROAD
FLEMINGTON, NJ 08822
JEFFREY L. SMITH, JR.
5362 HEMINGWAY LN APT 301
NAPLES, FL 34116 ~
JEFFREY L. SMITH, JR.
1750 55™ TER SW
NAPLES, FL 34116
JEFFREY L. SMITH, JR.
15275 COLLIER BLVDUNIT 201549
NAPLES, FL 34119
JEFFREY L. SMITH, JR.
15275 COLLIER BLVD STE 201
NAPLES, FL 34119
JEFFREY L. SMITH, JR.
204 8™ ST
NAPLES, FL 34120 “
JANE L. NICHOLS
8689 SW 56TH AVENUE RD
OCALA, FL 34476
JIM CADEN
55 MUSIC SQESTEB
NASHVILLE, TN 73203
wy
JOHN F. RUDY, III, ESQ. NN @
34864.0231ATTORNEY FOR DEFENDANT UNITED STATES OF AMERICA ACTING ON BEHALF
OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT
400 N. TAMPA ST, STE 3200
TAMPA, FL 33602
SERVICE EMAIL: USAFLM.HUD.DISCLAIMERS@USDOJ.GOV
ALFRED F. GAIL, JR, ESQ.
ATTORNEY FOR DEFENDANT QUAIL CREEK VILLAGE FOUNDATION, INC.
5405 PARK CENTRAL CT
NAPLES, FL 34109
SERVICE EMAIL: ALFREDGAL@SANDGLA WFIRM.COM
34864.0231EXHIBIT A
DESCRIPTION OF SITE 116 OF TRACT " U" BEING A PART OF SECTION 20,
TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA.
COMMENCING AT A POINT " G" AS SHOWN ON EXHIBIT " 0"
(RESTRICTIVE COVENANTS AND RESERVATIONS) RECORDED IN
OFFICIAL RECORD BOOK 1102, PAGES 2270 THROUGH 2273, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHEASTERLY
117.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 249.92 FEET, THROUGH A CENTRAL
ANGLE OF 27 DEGREES 00 MINUTES 00 SECONDS AND BEING
SUBTENDED BY A
CHORD WHICH BEARS NORTH 27 DEGREES 30 MINUTES 00 SECONDS
EAST 116.68 FEET TO A POINT OF REVERSE CURVATURE; THENCE
NORTHEASTERLY 168.46 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS
OF 252.98 FEET, THROUGH A CENTRAL ANGLE OF 38 DEGREES 09
MINUTES 07 SECONDS AND BEING SUBTENDED BY A CHORD WHICH
BEARS NORTH 33 DEGREES 04 MINUTES 34 SECONDS EAST 165.36 FEET
TO A POINT ON SAID CURVE, THENCE LEAVING SAID CURVE NORTH 36
DEGREES 30 MINUTES 00 SECONDS WEST 20.33 FEET; THENCE
NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 41.14 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 113.00
FEET;
THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 34.00 FEET;
THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 113.00 FEET;
THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 34.00 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE, 26 EAST
COLLIER COUNTY, FLORIDA; SUBJECT TO EASEMENT AND
RESTRICTIONS OF RECORD
DESCRIPTION OF COMMON PARCEL "' U" BEING A PART OF SECTION 20,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
COMMENCING AT A POINT " G" AS SHOWN ON EXHIBIT " D"
(RESTRICTIVE COVENANTS AND RESERVATIONS) RECORDED IN
OFFICIAL RECORD BOOK 1102, PAGE 2270 THROUGH 2273, PUBLIC
RECORDS OF COLLIER COUNTY FLORIDA; THENCE NORTHEASTERLY
117.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 249.92 FEET, THROUGH A CENTRAL
ANGLE OF 27 DEGREES 00 MINUTES 00 SECONDS AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 27 DEGREES 30
MINUTES 00 SECONDS EAST 116.68 FEET TO A POINT OF REVERSE
CURVATURE; THENCE NORTHEASTERLY 168.46 FEET ALONG THE ARC
OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST
HAVING A RADIUS OF 252.98 FEET, THROUGH A CENTRAL ANGLE OF 33DEGREES 09 MINUTES 07 SECONDS AND BEING SUBTENDED BY A
CHORD WHICH BEARS NORTH 33 DEGREES 04 MINUTES 34 SECONDS
EAST 165.36 FEET TO A POINT ON SAID CURVE AND THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING
SAID CURVE NORTH 36 DEGREES 30 MINUTES 00 SECONDS WEST 156.41
FEET ;
THENCE NORTHEASTERLY AND EASTERLY 158.65 FEET ALONG THE
ARC OF A TANGENTIAL CIRCULAR CURVE TO THE SOUTHEAST,
HAVING A RADIUS OF 229.47 FEET, THROUGH A CENTRAL ANGLE OF 39
DEGREES 36 MINUTES 45 SECONDS AND BEING SUBTENDED BY A
CHORD WHICH BEARS NORTH 69 DEGREES 16 MINUTES 45 SECONDS
EAST 155.51 FEET; THENCE NORTH 89 DEGREES 05 MINUTES 08 SECONDS
EAST 68.00 FEET; THENCE SOUTH 6 DEGREES 30 MINUTES 00 SECONDS
EAST 127.99 FEET;
THENCE SOUTHWESTERLY 108.23 FEET ALONG THE ARC OF A NON -
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST
HAVING A RADIUS OF 280.94 FEET, THROUGH A CENTRAL ANGLE OF 22
DEGREES 04 MINUTES 25 SECONDS AND BEING SUBTENDED BY A
CHORDS WHICH BEARS SOUTH 72 DEGREES 02 MINUTES 12 SECONDS
WEST 107.56 FEET TO A POINT OF COMPOUND CURVATURE; THENCE
SOUTHWESTERLY 39.07 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
252.98 FEET THROUGH A CENTRAL ANGLE OF 8 DEGREES 50
MINUTES 53 SECONDS AND BEING SUBTENDED BY A CHORD WHICH
BEARS SOUTH 56 DEGREES 34 MINUTES 34 SECONDS WEST 39.03 FEET TO
A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED;
LESS AND EXCEPTED: THEREFROM SITE 114 THROUGH 117, (INCLUSIVE)
BEING A PART OF SECTION 20,TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY FLORIDA; DESCRIPTION OF SITE 114 OF TRACT " U"
BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA.
COMMENCING AT A POINT " G" AS SHOWN ON EXHIBIT " Dp"
(RESTRICTIVE COVENANTS AND RESERVATIONS) RECORDED IN
OFFICIAL RECORD BOOK 1102, PAGES 2270 THROUGH 2273, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHEASTERLY
117.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 249.92 FEET, THROUGH A CENTRAL
ANGLE OF 27 DEGREES 00 MINUTES 00 SECONDS AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 27 DEGREES 30
MINUTES 00 SECONDS EAST 116.68 FEET TO A POINT OF REVERSE
CURVATURE THENCE NORTHEASTERLY 168.46 FEET ALONG THE ARC
OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST,
HAVING A RADIUS OF 252.98 FEET, THROUGH A CENTRAL ANGLE OF 38
DEGREES 09 MINUTES 07 SECONDS AND BEING SUBTENDED BY A
CHORD WHICH BEARS NORTH 33 DEGREES 04 MINUTES 34 SECONDSEAST 165.36 FEET TO A POINT ON SAID CURVE; THENCE LEAVING SAID
CURVE NORTH 36 DEGREES 30 MINUTES 00 SECONDS WEST 20.33 FEET;
THENCE
NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 109.14 FEET TO THE
POINT OF BEGINNING. OF THE PARCEL HEREIN DESCRIBED.
THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 113.00
FEET;
THENCE NORTH 74 DEGREES 00 DEGREES 00 SECONDS EAST 34.00 FEET;
THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 26.33 FEET;
THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 4.00 FEET;
THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 7.83 FEET;
THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 14.00 FEET;
THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 29.33 FEET;
THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 10.00 FEET;
THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 49.51 FEET;
THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 34.00 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
DESCRIPTION OF SITE 115 OF TRACT " U" BEING A PART OF SECTION 20,
TOWNSHIP 48 SOUTH, RANGE 26, EAST, COLLIER COUNTY, FLORIDA.
COMMENCING AT A POINT " G" AS SHOWN ON EXHIBIT " D"
(RESTRICTIVE COVENANTS AND RESERVATIONS) RECORDED IN
OFFICIAL RECORD BOOK 1102, PAGES 2270 THROUGH 2273, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHEASTERLY
117.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF
249.92 FEET, THROUGH A CENTRAL ANGLE OF 27 DEGREES 00 MINUTES
00 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 27 DEGREES 30 MINUTES 00 SECONDS EAST 116.68 FEET TO A
POINT OF REVERSE CURVATURE THENCE NORTHEASTERLY 168.46
FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE
TO THE SOUTHEAST, HAVING A RADIUS OF 252.98 FEET, THROUGH A
CENTRAL ANGLE OF 38 DEGREES 09 MINUTES 07 SECONDS AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 33 DEGREES 04
MINUTES 34 SECONDS EAST 165.36 FEET TO A POINT ON SAID CURVE;
THENCE LEAVING SAID CURVE NORTH 36 DEGREES 30 MINUTES 00
SECONDS WEST 20.33 FEET;
THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 75.14 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 113.00 FEET
THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 34.00 FEET
THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 113 FEET
THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 34.00 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
DESCRIPTION OF SITE 116 OF TRACT " U" BEING A PART OF SECTION 20,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
COMMENCING AT A POINT " G" AS SHOWN ON EXHIBIT " 0"
(RESTRICTIVE COVENANTS AND RESERVATIONS) RECORDED IN
OFFICIAL RECORD BOOK 1102, PAGES 2270 THROUGH 2273, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHEASTERLY
117.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST HAVING A
RADIUS OF 249.92 FEET, THROUGH A CENTRAL ANGLE OF 27 DEGREES
00 MINUTES 00 SECONDS AND BEING SUBTENDED BY A CHORD WHICH
BEARS NORTH 27 DEGREES 30 MINUTES 00 SECONDS EAST 116.68 FEET
TO A POINT OF REVERSE CURVATURE THENCE NORTHEASTERLY 168.46
FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE
TO THE SOUTHEAST, HAVING A RADIUS OF 252.98 FEET, THROUGH A
CENTRAL ANGLE OF 38 DEGREES 09 MINUTES 07 SECONDS AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 33 DEGREES 04
MINUTES 34 SECONDS EAST 165.36 FEET TO
A POINT ON SAID CURVE; THENCE LEAVING SAID CURVE NORTH 36
DEGREES 30 MINUTES 00 SECONDS WEST 20.33 FEET; THENCE NORTH 74
DEGREES 00 MINUTES 00 SECONDS EAST 41.14 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE NORTH 16 DEGREES 00 MINUTES 00 MINUTES WEST 113.00
FEET;
THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 34.00 FEET;
THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 113.00 FEET;
THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 34.00 FEET;
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH RANGE 26 EAST,
COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD;
DESCRIPTION OF SITE 117 OF TRACT " U" BEING A PART OF SECTION 20,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
COMMENCING AT A POINT " G" AS SHOWN ON EXHIBIT " O"
(RESTRICTIVE COVENANTS AND RESERVATIONS) RECORDED IN
OFFICIAL RECORD BOOK 1102, PAGES 2270 THROUGH 2273, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHEASTERLY
117.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF
249.92 FEET, THROUGH A CENTRAL ANGLE OF 27 DEGREES 00 MINUTES
00 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 27 DEGREES 30 MINUTES 00 SECONDS EAST 116.68 FEET TO A
POINT OF REVERSE CURVATURE THENCE NORTHEASTERLY 168.46
FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVETO THE SOUTHEAST, HAVING A RADIUS OF 252.98 FEET, THROUGH A
CENTRAL ANGLE OF 38 DEGREES 09 MINUTES 07 SECONDS AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 33 DEGREES 04
MINUTES 34 SECONDS EAST 165.36 FEET TO A POINT ON SAID CURVE;
THENCE LEAVING SAID CURVE NORTH 36 DEGREES 30 MINUTES 00
SECONDS WEST 20.33
FEET; THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 5.14
FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 49.50 FEET;
THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 10.00 FEET;
THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 21.17 FEET;
THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 14.00 FEET;
THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 16.00 FEET;
THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 4.00 FEET;
THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 26.33 FEET;
THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 36.00 FEET;
THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 113.00 FEET;
THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 36.00 FEET
TO THE POINT OF BEGINNING OF PARCEL HEREIN DESCRIBED; BEING
A PART OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
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IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA CASE No. 19-CA-004756 SUN WEST MORTGAGE COMPANY, INC., Plaintiff, vs. UNKNOWN SPOUSE, HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF ELEANOR M. SMITH, DECEASED, et al. Defendants, / IN REM FINAL JUDGMENT OF RE-FORECLOSURE THIS ACTION was heard before the Court on Plaintiff's Motion for Summary Judgment on May 26, 2021. On the evidence presented it is hereby ORDERED AND ADJUDGED: 1. Plaintiff, SUN WEST MORTGAGE COMPANY, INC., whose address is 6131 Orangethorpe Avenue, Suite 500, Buena Park, CA 90620, is due: Principal $295,797.18 Interest to date of this judgment $60,219.86 Title search expense $200.00 Mortgage Insurance Premium $16,164.04 Servicing Fees $4,025.00 Taxes $40,936.72 Insurance $28,577.75 Broker’s Price Opinion/Appraisals $690.00 Property Preservation $1,737.00 Property Inspections $558.50 HOA Dues $15,880.45 Utility Payment $245.00 Repayment ($4,418.72) Attorneys’ fees Finding as to reasonable number of hours: Finding as to reasonable hourly rate: Other*: Flat Fee: $3,400.00 4864.0231 : was ewer? 8 721 14@aealtierte(* The requested attorney’s fee is a flat rate fee that the firm’s client has agreed to pay in this matter. Given the amount of the fee requested and the labor expended, the Court finds that a lodestar analysis is not necessary and that the flat fee is reasonable.) Attorneys’ fees total $3,400.00 Court costs now taxed Clerk Filing Fee $1,922.50 Process Server Fees $1,956.50 Publication $953.76 Subtotal $468,091.78 TOTAL $468,845.54 The grand total that shall bear interest at the rate of 4.31% per annum. 2. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property in Collier County, Florida: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART THEROF Property Address: 11658 QUAIL VILLAGE WAY, NAPLES, FL 34119 3. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at public sale on to the highest bidder for cash, on 4 , 2021, in accordance with section 45.031, Florida Statutes, using the fgflowing: & At the lobby on the 3rd floor of the Courthouse Annex, Collier County Courthouse, 3315 Tamiami Trail East, Naples, FL 34112 beginning at 11:00 a.m. on the prescribed date. 4. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchase of the property for sale shall be responsible for the documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the clerk shall credit plaintiff's bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full. 5. On filing the certificate of title the clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff's costs; second, documentary stamps affixed to the certificate; third, plaintiff's attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph | from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court. 6. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate 34864.0231or claim in the property, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property. 7. Jurisdiction of this action is retained to enter further orders that are proper and to allow for a supplemental proceedings through a supplemental complaint to add a party or claim. IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, 3315 EAST TAMIAMI TRAIL, STE. 102, NAPLES, FL 34112, 239-252-2646 WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT. IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION, IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT LEGAL AID SERVICE OF COLLIER COUNTY 2681 AIRPORT ROAD SOUTH, SUITE C-105, NAPLES, FL 34112 239-775-4555 TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES, IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT LEGAL AID SERVICE OF COLLIER COUNTY 2681 AIRPORT ROAD SOUTH, SUITE C-105, NAPLES, FL, 34112 239-775-4555 FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. 8. If the Plaintiff is the successful bidder at the sale, the Plaintiff's rights as such may be assigned to a third party and, in that event, the Clerk of this Court is hereby ordered and 34864.0231directed to issue the Certificate of Title to the Plaintiff's assignee upon application of the Plaintiff and without further Order of this Court. 9. If the United States of America is a Defendant herein, it shall have the right of redemption provided by 28 U.S.C. $2410(c) for the period provided therein, running from the date of the issuance of the Certificate of Title herein and, if it is the purchaser at the foreclosure sale, it shall be allowed thirty (30) days to deliver a Treasury check to the Clerk of Court in payment of the amount of its bid. Further, the deposit required by Florida Statutes 45.021(2) shall be waived. 10. The legal description in the Mortgage contains an error, by entry of this judgment, and without further action being required, the Mortgage being sued upon is hereby reformed to reflect the correct legal description as follows: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART THEROF 11. The legal description in the Deed contains an error, by entry of this judgment, and without further action being required, the Deed being sued upon is hereby reformed to reflect the correct legal description as follows: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART THEROF 12. Plaintiff shall comply with Title VII of s. 896, Pub. L. No. 111-22, 701-704 (2009), “Protecting Tenants at Foreclosure Act of 2009.” 13. Final Judgment is entered on Defendants: UNKNOWN SPOUSE, HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF ELEANOR M. SMITH, DECEASED, MARY CHRISTINE SMITH AKA CHRISTIE SMITH, JEFFREY L. SMITH, JR., JANE L. NICHOLS, JIM CADEN, QUAIL CREEK VILLAGE FOUNDATION, INC., and UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT. DONE AND ORDERED at Naples, Colli qt COPIES FURNISHED TO: goose yak oy GREENSPOON MARDER LLP ° ATTORNEY FOR PLAINTIFF 100 WEST CYPRESS CREEK ROAD, SUITE 700 FORT LAUDERDALE, FL 33309 SERVICE EMAIL: GAFORECLOSURE@GMLAW.COM 34864.0231UNKNOWN SPOUSE, HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF ELEANOR M. SMITH, DECEASED 11658 QUAIL VILLAGE WAY Y NAPLES, FL 34119 MARY CHRISTINE SMITH AKA CHRISTIE SMITH 11658 QUAIL VILLAGE WAY NAPLES, FL 34119 MARY CHRISTINE SMITH AKA CHRISTIE SMITH 5 MANCHESTER ROAD FLEMINGTON, NJ 08822 JEFFREY L. SMITH, JR. 5362 HEMINGWAY LN APT 301 NAPLES, FL 34116 ~ JEFFREY L. SMITH, JR. 1750 55™ TER SW NAPLES, FL 34116 JEFFREY L. SMITH, JR. 15275 COLLIER BLVDUNIT 201549 NAPLES, FL 34119 JEFFREY L. SMITH, JR. 15275 COLLIER BLVD STE 201 NAPLES, FL 34119 JEFFREY L. SMITH, JR. 204 8™ ST NAPLES, FL 34120 “ JANE L. NICHOLS 8689 SW 56TH AVENUE RD OCALA, FL 34476 JIM CADEN 55 MUSIC SQESTEB NASHVILLE, TN 73203 wy JOHN F. RUDY, III, ESQ. NN @ 34864.0231ATTORNEY FOR DEFENDANT UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT 400 N. TAMPA ST, STE 3200 TAMPA, FL 33602 SERVICE EMAIL: USAFLM.HUD.DISCLAIMERS@USDOJ.GOV ALFRED F. GAIL, JR, ESQ. ATTORNEY FOR DEFENDANT QUAIL CREEK VILLAGE FOUNDATION, INC. 5405 PARK CENTRAL CT NAPLES, FL 34109 SERVICE EMAIL: ALFREDGAL@SANDGLA WFIRM.COM 34864.0231EXHIBIT A DESCRIPTION OF SITE 116 OF TRACT " U" BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA. COMMENCING AT A POINT " G" AS SHOWN ON EXHIBIT " 0" (RESTRICTIVE COVENANTS AND RESERVATIONS) RECORDED IN OFFICIAL RECORD BOOK 1102, PAGES 2270 THROUGH 2273, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHEASTERLY 117.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 249.92 FEET, THROUGH A CENTRAL ANGLE OF 27 DEGREES 00 MINUTES 00 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 27 DEGREES 30 MINUTES 00 SECONDS EAST 116.68 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY 168.46 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 252.98 FEET, THROUGH A CENTRAL ANGLE OF 38 DEGREES 09 MINUTES 07 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 33 DEGREES 04 MINUTES 34 SECONDS EAST 165.36 FEET TO A POINT ON SAID CURVE, THENCE LEAVING SAID CURVE NORTH 36 DEGREES 30 MINUTES 00 SECONDS WEST 20.33 FEET; THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 41.14 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 113.00 FEET; THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 34.00 FEET; THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 113.00 FEET; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 34.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE, 26 EAST COLLIER COUNTY, FLORIDA; SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD DESCRIPTION OF COMMON PARCEL "' U" BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. COMMENCING AT A POINT " G" AS SHOWN ON EXHIBIT " D" (RESTRICTIVE COVENANTS AND RESERVATIONS) RECORDED IN OFFICIAL RECORD BOOK 1102, PAGE 2270 THROUGH 2273, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE NORTHEASTERLY 117.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 249.92 FEET, THROUGH A CENTRAL ANGLE OF 27 DEGREES 00 MINUTES 00 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 27 DEGREES 30 MINUTES 00 SECONDS EAST 116.68 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY 168.46 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 252.98 FEET, THROUGH A CENTRAL ANGLE OF 33DEGREES 09 MINUTES 07 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 33 DEGREES 04 MINUTES 34 SECONDS EAST 165.36 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING SAID CURVE NORTH 36 DEGREES 30 MINUTES 00 SECONDS WEST 156.41 FEET ; THENCE NORTHEASTERLY AND EASTERLY 158.65 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE SOUTHEAST, HAVING A RADIUS OF 229.47 FEET, THROUGH A CENTRAL ANGLE OF 39 DEGREES 36 MINUTES 45 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 69 DEGREES 16 MINUTES 45 SECONDS EAST 155.51 FEET; THENCE NORTH 89 DEGREES 05 MINUTES 08 SECONDS EAST 68.00 FEET; THENCE SOUTH 6 DEGREES 30 MINUTES 00 SECONDS EAST 127.99 FEET; THENCE SOUTHWESTERLY 108.23 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 280.94 FEET, THROUGH A CENTRAL ANGLE OF 22 DEGREES 04 MINUTES 25 SECONDS AND BEING SUBTENDED BY A CHORDS WHICH BEARS SOUTH 72 DEGREES 02 MINUTES 12 SECONDS WEST 107.56 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHWESTERLY 39.07 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 252.98 FEET THROUGH A CENTRAL ANGLE OF 8 DEGREES 50 MINUTES 53 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 56 DEGREES 34 MINUTES 34 SECONDS WEST 39.03 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; LESS AND EXCEPTED: THEREFROM SITE 114 THROUGH 117, (INCLUSIVE) BEING A PART OF SECTION 20,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA; DESCRIPTION OF SITE 114 OF TRACT " U" BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA. COMMENCING AT A POINT " G" AS SHOWN ON EXHIBIT " Dp" (RESTRICTIVE COVENANTS AND RESERVATIONS) RECORDED IN OFFICIAL RECORD BOOK 1102, PAGES 2270 THROUGH 2273, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHEASTERLY 117.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 249.92 FEET, THROUGH A CENTRAL ANGLE OF 27 DEGREES 00 MINUTES 00 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 27 DEGREES 30 MINUTES 00 SECONDS EAST 116.68 FEET TO A POINT OF REVERSE CURVATURE THENCE NORTHEASTERLY 168.46 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 252.98 FEET, THROUGH A CENTRAL ANGLE OF 38 DEGREES 09 MINUTES 07 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 33 DEGREES 04 MINUTES 34 SECONDSEAST 165.36 FEET TO A POINT ON SAID CURVE; THENCE LEAVING SAID CURVE NORTH 36 DEGREES 30 MINUTES 00 SECONDS WEST 20.33 FEET; THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 109.14 FEET TO THE POINT OF BEGINNING. OF THE PARCEL HEREIN DESCRIBED. THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 113.00 FEET; THENCE NORTH 74 DEGREES 00 DEGREES 00 SECONDS EAST 34.00 FEET; THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 26.33 FEET; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 4.00 FEET; THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 7.83 FEET; THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 14.00 FEET; THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 29.33 FEET; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 10.00 FEET; THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 49.51 FEET; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 34.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; DESCRIPTION OF SITE 115 OF TRACT " U" BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26, EAST, COLLIER COUNTY, FLORIDA. COMMENCING AT A POINT " G" AS SHOWN ON EXHIBIT " D" (RESTRICTIVE COVENANTS AND RESERVATIONS) RECORDED IN OFFICIAL RECORD BOOK 1102, PAGES 2270 THROUGH 2273, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHEASTERLY 117.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 249.92 FEET, THROUGH A CENTRAL ANGLE OF 27 DEGREES 00 MINUTES 00 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 27 DEGREES 30 MINUTES 00 SECONDS EAST 116.68 FEET TO A POINT OF REVERSE CURVATURE THENCE NORTHEASTERLY 168.46 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 252.98 FEET, THROUGH A CENTRAL ANGLE OF 38 DEGREES 09 MINUTES 07 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 33 DEGREES 04 MINUTES 34 SECONDS EAST 165.36 FEET TO A POINT ON SAID CURVE; THENCE LEAVING SAID CURVE NORTH 36 DEGREES 30 MINUTES 00 SECONDS WEST 20.33 FEET; THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 75.14 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 113.00 FEET THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 34.00 FEET THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 113 FEET THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 34.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; DESCRIPTION OF SITE 116 OF TRACT " U" BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. COMMENCING AT A POINT " G" AS SHOWN ON EXHIBIT " 0" (RESTRICTIVE COVENANTS AND RESERVATIONS) RECORDED IN OFFICIAL RECORD BOOK 1102, PAGES 2270 THROUGH 2273, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHEASTERLY 117.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 249.92 FEET, THROUGH A CENTRAL ANGLE OF 27 DEGREES 00 MINUTES 00 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 27 DEGREES 30 MINUTES 00 SECONDS EAST 116.68 FEET TO A POINT OF REVERSE CURVATURE THENCE NORTHEASTERLY 168.46 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 252.98 FEET, THROUGH A CENTRAL ANGLE OF 38 DEGREES 09 MINUTES 07 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 33 DEGREES 04 MINUTES 34 SECONDS EAST 165.36 FEET TO A POINT ON SAID CURVE; THENCE LEAVING SAID CURVE NORTH 36 DEGREES 30 MINUTES 00 SECONDS WEST 20.33 FEET; THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 41.14 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 16 DEGREES 00 MINUTES 00 MINUTES WEST 113.00 FEET; THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 34.00 FEET; THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 113.00 FEET; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 34.00 FEET; TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; DESCRIPTION OF SITE 117 OF TRACT " U" BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA COMMENCING AT A POINT " G" AS SHOWN ON EXHIBIT " O" (RESTRICTIVE COVENANTS AND RESERVATIONS) RECORDED IN OFFICIAL RECORD BOOK 1102, PAGES 2270 THROUGH 2273, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHEASTERLY 117.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 249.92 FEET, THROUGH A CENTRAL ANGLE OF 27 DEGREES 00 MINUTES 00 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 27 DEGREES 30 MINUTES 00 SECONDS EAST 116.68 FEET TO A POINT OF REVERSE CURVATURE THENCE NORTHEASTERLY 168.46 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVETO THE SOUTHEAST, HAVING A RADIUS OF 252.98 FEET, THROUGH A CENTRAL ANGLE OF 38 DEGREES 09 MINUTES 07 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 33 DEGREES 04 MINUTES 34 SECONDS EAST 165.36 FEET TO A POINT ON SAID CURVE; THENCE LEAVING SAID CURVE NORTH 36 DEGREES 30 MINUTES 00 SECONDS WEST 20.33 FEET; THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 5.14 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 49.50 FEET; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 10.00 FEET; THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 21.17 FEET; THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 14.00 FEET; THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 16.00 FEET; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 4.00 FEET; THENCE NORTH 16 DEGREES 00 MINUTES 00 SECONDS WEST 26.33 FEET; THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS EAST 36.00 FEET; THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST 113.00 FEET; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS WEST 36.00 FEET TO THE POINT OF BEGINNING OF PARCEL HEREIN DESCRIBED; BEING A PART OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.