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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT
OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No. 11-4485-CI-13
JLP MANAGEMENT
ASSOCIATES, INC. A Florida Corporation,
Plaintiff(s), vs.
CFLA ELECTRONIC SIGN, LLC, a
Florida Limited Liability Company, and BRANCH BANKING AND TRUST COMPANY,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to the Order or Final Judgment entered in this cause, in the Circuit Court of Pinellas County, Florida, the Clerk of this Court will sell the property situated in Pinellas County, Florida, described as:
All Debtor's presently owned or hereafter acquired fixtures, software, trademarks, trade secrets, inventory, goodwill, equipment, machinery and automobiles, together with all parts, accessories and attachments, and all additions, replacements, insurance and other proceeds of the foregoing. Future advances are also covered.
IN ADDITION, all building, structures, and improvements of any nature whatsoever now or hereafter situated on the Premises (defined below) and all furniture, furnishings, fixtures, machinery, equipment, inventory, apparatus, fittings, goods and materials on site, and articles of personal property of every kind and nature whatsoever now or hereafter owned by the Debtor and located in on, or used or intended to be used in connection with the operation of the Premises, buildings, structures or other improvement, including all extensions, additions, improvements, betterments, renewals, accessions and/or replacements to any of the foregoing, and all of the right, title and interest of the Debtor in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or payments now or hereafter made by the Debtor on its behalf.
TOGETHER WITH all and singular the tenements, hereditaments, easements and appurtenances thereto 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 all demands whatsoever, as well in law as in equity, of said Debtor 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, machinery, 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; tank; 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 and equipment 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 said premises, 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 real property.
FURTHER TOGETHER WITH Debtor's interest as lessor in and to all rents, issues, income, profits and all customer lists, work in process, accounts receivable generated through the use by Debtor or others of the real or personal property encumbered by this Debtor, including any such rents, issues, income, profits and all accounts receivable of any business activity (whether as a result of rents owed to the business for services performed
or goods sold) conducted by Debtor on or through the use of such property; and the proceeds of all of the foregoing.
FURTHER TOGETHER WITH all of the Debtor's rights, titles and interest in and to: (i) all accounts, accounts receivable, chattel paper, instruments, documents, general intangibles (including all “accounts,” “chattel paper”, “instruments”, “documents” and “general intangibles” as defined in the Commercial Code) end other rights or obligations of any kind, evidencing any obligation to the Debtor for payment of inventory or other goods sold or leased or services rendered or otherwise arising out of or in connection with the sale or lease of goods or the rendering of services or otherwise, including, without limitation, all rights relating to any lease of inventory to which the Debtor is a party as lessee or lessor, including all monies due from time to time in respect thereof (any and all of the accounts, chattel paper, instruments, documents, general intangibles, rights and obligations described above in this paragraph are herein referred to as the “Receivables”); and (ii) all
rights now or hereafter existing in and to all account ledgers, account cards and records, software, printouts, information contained in computer media (such as databases, source and object codes and information therein), promissory notes, evidences of indebtedness, security agreements, mortgages, pledge agreements, leases and other contracts now or hereafter existing (whether written or oral), as amended or otherwise modified from time to time, recording, securing, evidencing or otherwise relating to any Receivables (any and all of the promissory notes, evidences of indebtedness, security agreements, mortgages, pledge agreements, leases and other contacts described in clause (ii) of this paragraph are herein referred to as the “Related Contacts”); and
All products and proceeds (including proceeds of products and casualty insurance proceeds) of any and all of the foregoing Collateral described herein (cash and non-cash, tangible and intangibles) including, without limitation, accounts, general intangibles, chattel paper, inventory and equipment purchased or acquired with cash proceeds.
All of the foregoing collateral described in this paragraph shall be subject to the security interests created hereby, and such collateral is herein referred to collectively as the “Collateral.”
“Premises” are defined as 13900 U.S. HIGHWAY 19 NORTH, CLEARWATER, FLORIDA 33764
at public sale, to the highest and best bidder, for cash, at 10:00 a.m., on the 7th day of December, 2011, in an online sale at www.pinellas.realforeclose.com.
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 WITHIN 60 DAYS AFTER THE SALE.
Dated: November 3, 2011.
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 the provision of certain assistance. Within two (2) working days of your receipt of this summons/notice, please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD).
JASON M. ELLISON, Esq.
Attorney for Plaintiff
721 First Avenue North
St. Petersburg, FL 33701
November 11, 18, 201111-07810