12-03245

FIRST INSERTION
SECOND 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.
52-2011-CA-000010
BRANCH BANKING AND TRUST COMPANY, a North Carolina
banking corporation,
Plaintiff, v.
DONALD C. ALVINO a/k/a
DONALD ALVINO a/k/a DON ALVINO, individually; et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure as to Counts I, II, IV, V and VII, Imposition and Foreclosure of Equitable Lien (Counts VIII and IX), and Re-Establishment of Lost Page 2 of Jack Willies Note Modification Agreement Dated February 27, 2009 (Count XXII) dated January 5, 2012 and Order to Cancel and Reschedule Foreclosure Sales dated April 3, 2012, both entered in Case No. 52-2011-CA-000010 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 15th day of May, 2012, at 10:00 a.m. the following described property as set forth in said Uniform Final Judgment of Foreclosure:
Sale #1:
Alvino Property and Alvino
Additional Collateral
Lots 3, 4, 5 and 6, Block 55, REVISED MAP OF OLDSMAR, as per plat thereof, recorded in Plat Book 7, Page 6, of the Public Records of Pinellas County, Florida (the “Alvino Property”),
TOGETHER WITH, a first priority security interest in and to the then-present and future right, title and interest of DONALD C. ALVINO a/k/a DONALD ALVINO a/k/a DON ALVINO, individually, in and to any and all of the following property, wherever located, whether such property be now owned or hereafter acquired or arising (collectively, the “Alvino Additional Collateral”):
(i) all buildings, improvements, hereditaments and appurtenances appertaining to the Alvino Property, as far as they may now or hereafter belong to or be used in connection with the occupancy of any building existing or to be constructed on such property;
(ii) all fixtures and equipment, including accessions and attachments thereto, now or hereafter attached or used in connection with the operation of the Alvino Property, and all replacements, additions, and betterments to or of any of the foregoing;
(iii) all rights in now existing and hereafter arising easements, rights of way, rights of access, water rights and courses, sewer rights and other rights appertaining thereto;
(iv) all as-extracted collateral including without limitation all gas, oil and mineral rights of every nature and kind, all timber to be cut and all other rights appertaining thereto; and
(v) all leases, rents and profits derived from the Alvino Property.
Parcel ID No.:
23/28/16/63936/055/0030
Sale #2:
Jack Willies Business Collateral
A first priority security interest in and to the then-present and future right, title and interest of JACK WILLIE'S, INC., a Florida corporation (“Jack Willies”), in and to any and all of the following property, wherever located, whether such property be now owned or hereafter acquired or arising (collectively, the “Jack Willies Business Collateral”):
All of the Jack Willies' now owned and hereafter acquired and wherever located equipment, including all accessions thereto, and all manufacturer's warranties, parts and tools therefor, inventory, including all returned inventory, general intangibles including all payment intangibles, copyrights, trademarks, patents, trade names, tax refunds, company records (paper and electronic), rights under equipment leases, warranties, software licenses, supporting obligations, and all proceeds (cash and non-cash) and products of the foregoing.
**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
April 20, 27, 2012 12-03245