11-05448

FIRST INSERTION
AMENDED NOTICE OF
FORECLOSURE SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA,
IN AND FOR PINELLAS COUNTY
CIRCUIT CIVIL
CASE NO. 52-2010-CA-016869
CORNERSTONE COMMUNITY BANK, a Florida banking
corporation,
Plaintiff, v.
JESSE'S HOLDINGS, LLC, a dissolved Florida limited liability company, et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order on Plaintiff's Motion for Entry of Amended Uniform Final Judgment of Foreclosure as to Counts I, II, III and V and Reschedule Foreclosure Sale, dated August 3, 2011, and entered in Case No. 52-2010-CA-016869 of the Circuit Court for Pinellas County, Florida, I will sell to the highest and best bidder for cash, at separate sales, online at www.pinellas.realforeclose.com, on the 22nd day of September, 2011, at 10:00 a.m. the following described property as set forth in said Uniform Final Judgment of Foreclosure:
Sale #1: Parcel 1:
Lot 5, Block A, PERRY'S SKYVIEW FIRST ADDITION, according to the plat thereof, as recorded in Plat Book 38, Page 26, of the Public Records of Pinellas County, Florida.
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter attached to the property.
TOGETHER WITH ADDITIONAL COLLATERAL - SEE ATTACHED COMPOSITE EXHIBIT A
All rights, title and interest of Debtor(s) in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the real property described in this Schedule (herein referred to as “Property”) or under or above the same or any part or parcel thereof.
All Debtor(s) presently owned or hereafter acquired fixtures together with all parts, accessories and attachments, and all additions, replacements, insurance and other proceeds of the foregoing. Future advances are also covered. This Property includes, but is not limited to the following: All buildings, structures, and improvements of every nature whatsoever now or hereafter situated on the Property and all furniture, furnishings, fixtures, inventory, fittings, goods and materials on site, and articles of personal property of every kind and nature whatsoever excluding removable equipment and machinery, now or hereafter owned by the Debtor(s) and located in, on, or used or intended to be used in connection with or with the operation of the Property, buildings, structures or other improvements, including all extensions, additions, improvements, betterments, renewals, accessions and/or replacements to any of the foregoing, and all of the personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by the Debtor(s) or on its behalf.
TOGETHER WITH all and singular the tenements, hereditaments, easements and appurtenances thereunto belonging, or in any wise appertaining, and the rents, issues, and profits thereof, and also all the estate, right, title, interest and all claims and demands whatsoever, as well in law as in equity, of the Debtor(s) in and to the same, and every part and parcel thereof, and also specifically but not by way of limitation all gas and electric fixtures, radiators, heaters, water pumps, air conditioning equipment, boilers, ranges, elevators and motors, bath tubs, sinks, water closets, water basins, pipes, faucets, and other plumbing and heating fixtures, mantels, refrigerating plants and ice boxes, window screens, all freezing, lighting, laundry, incinerating, and power equipment; engines, pumps, tanks, conduits, switchboards, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus, furnaces, oil burners or units thereof, appliances, air cooling and air conditioning apparatus, awnings, storm doors and windows, stoves, refrigerators, attached cabinets, partitions, ducts and compressors, rugs and carpets, draperies, furniture and furnishings in commercial, institutional and industrial buildings, together with all building materials to be installed therein, screen doors, venetian blinds, cornices, storm shutters and awnings, which are now or may hereafter pertain to or be used with, in or on the Property, even though they may be detached or detachable, are and shall be deemed to be fixtures and accessories to the freehold and a part of the Property.
FURTHER TOGETHER WITH Debtor(s) interest as lessor in and to all rents, issues, income, profits generated through the use by Debtor(s) or others of the real or personal property encumbered by this instrument, including any such rents, issues, income, profits and any such payments in lieu thereof, of any business activity conducted by Debtor on or through the use of the Property, together with any and all guarantees of such leases and including all present and future security deposits and advance rentals, and the proceeds of all of the foregoing.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor(s) which are now or hereafter located by, over, and upon the Property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor(s) and which are now or hereafter located on the Property of any part or parcel thereof.
Any and all awards of payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Property.
All of the right, title and interest of the Debtor(s) in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights of Debtor(s) arising from contracts entered into in connection with development, construction upon or operation of the Property.
All Debtor's rights to any fictitious or other names or tradenames used in conjunction with the Property.
In the case of multiple Debtors the term “Debtor” or “Debtors”, as used herein, jointly and severally, includes all Debtors. The Property affected by the financing statement is owned by JESSE'S HOLDINGS, LLC, a Florida limited liability company and SAVANNA'S NURSERY, INC., a Florida corporation, and is legally described as attached hereto. Also encumbered are all Debtor's rights as provided in the Assignment of Rents, Leases, Contracts, Accounts and Deposits executed simultaneously herewith. A foreclosure of the indebtedness (or a voluntary conveyance in lieu of foreclosure) shall include foreclosure and/or transfer of all of Debtor's right, title an interest in all of the foregoing.
Quantity Part # Description
1 DIWXWF270060 27 HP KOH; 1 STWBR600 Backpack Blower; 1 STWHL100 STR Hedge Trimmer; 1 STWHS81T30 30 Inch Hedge Trimmer; 2 SHGT260 Speed Feed Trimmer; 2 SHGLE261 24.6 cc Stick Edger; 1 EXWTHP19KAE48 48 Turf Tracer HP; 1 EXWMSKA21 21 HP KAW Cast Alum.; 1 STWHT101 4 Stroke Pole Saw
Property Address: 2601 34th Street South, St. Petersburg, FL 33711
Sale #2: Parcel 2:
Lot 9, Block 6, REPLAT OF BLOCKS 1, 6, 7 & 12, HALL'S CENTRAL AVENUE SUBDIVISION NO. 1, according to the plat thereof, as recorded in Plat Book 5, Page 41, of the Public Records of Pinellas County, Florida.
Property Address: 401 26th Street North, St. Petersburg, FL 33713
**ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (60) DAYS AFTER THE SALE. **
In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact the individual or agency sending this notice no later than seven (7) days prior to the proceeding. If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
GERALD D. DAVIS, Esq.
Florida bar No 764698
TRENAM, KEMKER, SCHARF, BARKIN, FRYE, O'NEILL &
MULLIS, P.A.
Bank of America Tower - Suite 1600
200 Central Avenue
St. Petersburg, FL 33701
727/896-7171/FAX 727-822-8048
ATTORNEYS FOR PLAINTIFF
August 19, 26, 2011 11-05448