12-06871

FIRST INSERTION
NOTICE OF SALE
IN THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No.:09-13086-CI-19
UCN 522009CA013086XXCICI
BRANCH BANKING & TRUST COMPANY,
Plaintiff, vs.
GFR ONE CORP., a Florida corporation, and GENE R. ROEFARO
Defendants.
Notice is hereby given that, pursuant to the Final Judgment of Foreclosure dated June 29, 2010, in the-above styled cause, the Clerk of the Circuit Court, will sell the following real property (and any personal property situated thereon) in Pinellas County, Florida, and more particularly described as:
SEE ATTACHED EXHIBIT A
Exhibit A
Tract III: (Parcel 241)
For a point of reference, commence at the Northeast corner of the Northwest ¼ of the Northeast ¼ of Section 24, Township 28 South, Range 16 East, Pinellas County, Florida; run thence South 89Ëš21'45” West along the North boundary of said Section 24, a distance of 30.00 feet; thence South 00Ëš19'59” East, a distance of 30.00 feet to the intersection of the Westerly right-of-way line of Burbank Road and the Southerly right-of-way line of Douglas Road; thence South 89Ëš21'45” West along the Southerly right-of-way line of Douglas Road, a distance of 2,175.76 feet; thence South 00Ëš00'08” East a distance of 293.03 feet to the Point of Beginning; thence South 00Ëš00'08” East, 164.34 feet; thence South 89Ëš54'41” West, 143.00 feet; thence North 00Ëš00'08” West, 164.56 feet; thence North 89Ëš59'52” East, 143.00 feet to the Point of Beginning
Together with an easement for ingress and egress as set forth in that certain Warranty Deed Recorded in Official Records Book 8979, Page 314, of the Public Records of Pinellas County, Florida, over and across the following described parcel:
Commence at the Northeast corner of the Northwest ¼ of the Northeast ¼ of Section 24, Township 28 South, Range 16 East, Pinellas County, Florida, for a point of reference; thence South 89Ëš21'45” West along the North boundary of said Section 24, 30.00 feet; thence South 00Ëš19'59” East, 30.00 feet to the intersection of the Westerly right-of-way line of Burbank Road and the Southerly right-of-way line of Douglas Road; thence South 89Ëš21'45” West along the Southerly right-of-way line of Douglas Road, 2,307.57 feet to the Point of Beginning of the herein described easement; thence continue South 89Ëš21'45” West, 23.00 feet to a point; then run South 00Ëš00'08” East, 455.89 feet to a point; thence run North 89Ëš54'51” East, 11.80 feet; thence run North 00Ëš00'08” West, 152.00 feet to a point; thence run South 89Ëš21'45” West, 0.30 feet to a point; thence run North 00Ëš00'08” West, 12.56 feet to a point; thence run North 89Ëš59'52” East, 11.50 feet to a point; thence run North 00Ëš00'08” West, 291.56 feet to the Point of Beginning.
Parcel A (a/k/a Parcel 231)
Commence at the Northeast corner of the Northwest ¼ of the Northeast ¼ of Section 24, Township 28 South, Range 16 East, Pinellas County, Florida, for a point of reference; thence South 89Ëš21'45” West along the North boundary of said Section 24, 30.00 feet; thence South 00Ëš19'59” East, 30.00 feet to the intersection of the Westerly right-of-way line of Burbank Road and the Southerly right-of-way line of Douglas Road; thence South 89Ëš21'45” West along the Southerly right-of-way line of Douglas Road, 2,175.76 feet to the Point of Beginning; thence continue South 89Ëš21'45” West, 143.31 feet; thence South 00Ëš00'08” East, 304.00 feet; thence North 89Ëš21'45” East, 143.31 feet; thence North 00Ëš00'08” West, 304.00 feet to the Point of Beginning.
Less and Except the following described tract:
Commence at the Northeast corner of the Northwest ¼ of the Northeast ¼ of Section 24, Township 28 South, Range 16 East, Pinellas County, Florida, for a point of reference; thence South 89Ëš21'45” West along the North boundary of said Section 24, 30.00 feet; thence South 00Ëš19'59” East, 30.00 feet to the intersection of the Westerly right-of-way line of Burbank Road and the Southerly right-of-way line of Douglas Road; thence South 89Ëš21'45” West along the Southerly right-of-way line of Douglas Road, 2,175.76 feet to a point; thence South 00Ëš00'08” East, 293.03 feet to the Point of Beginning of the herein described parcel; thence continue South 00Ëš00'08” East, 10.97 feet to a point; thence South 89Ëš21'45” West , 143.31 feet to a point; thence North 00Ëš00'08” West, 12.56 feet to a point; thence North 89Ëš59'52” East, 143.31 feet to the Point of Beginning.

Together with an easement for ingress and egress as more fully described in Item No. 3 of that certain Reciprocal Non-Exclusive Easement recorded in Official Records Book 8979, Page 296, of the Public Records of Pinellas County, Florida.
COMPOSITE EXHIBIT B
4. This Financing Statement covers the following types and items of property:
(a) Improvements. All buildings, structures, betterments, and other improvements of any nature now or hereafter situated in whole or in part upon the lands in Pinellas County, Florida described in Exhibit “A” attached (the “Land”), regardless of whether physically affixed thereto or severed or capable of severance therefrom (the “Improvements”).
(b) Appurtenances. The benefit of all easements and other rights of any nature whatsoever appurtenant to the Land or the Improvements, or both, and all rights, sewer rights, and rights of ingress and egress to the Land, and all adjoining property, whether now existing or hereafter arising, together with the reversion or reversions, remainder or remainders, rents, issues, incomes and profits of any of the foregoing.
(c) Tangible Property. All of Debtor's interest in all fixtures, equipment and tangible personal property of any nature whatsoever now or hereafter (i) attached or affixed to the Land or the Improvements, or both, or (ii) situated upon or about the Land or the Improvements, or both, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (iii) regardless of where situated, used, usable, or intended to be used in connection with any present or future use or operation of or upon the Land. The foregoing includes: all heating, air conditioning, lighting, incinerating and power equipment; all engines, compressors, pipes, pumps, tanks, motors, conduits, wiring and switchboards,; all plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; all boilers; furnaces, oil burners, vacuum cleaning systems, elevators and escalators; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets and partitions; all rugs and carpets; all laundry equipment; all building materials; all furniture, furnishings, office equipment and office supplies; and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing (the “Tangible Property”). Notwithstanding any provision of this instrument to the contrary, no security interest is granted in any and all inventory of the Debtor from time to time maintained at this location.
(d) Income. All rents, issues, incomes and profits in any manner arising from the Land, Improvements or Tangible Property, or any combination, including Debtor's interest in and to all leases, licenses, franchises and concessions of, or relating to, all or any portion of the Land, Improvements or Tangible Property, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations. The foregoing items are jointly and severally called the “Rents” of this instrument.
(e) Secondary Financing. All of Debtor's right, power or privilege to further encumber any of the property described in this paragraph for debt.
(f) Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property described in this paragraph into cash or other liquidated claims or that are otherwise payable for injury to, or the taking or requisitioning of, any such property, including all insurance and condemnation proceeds.
(g) Contract rights and Accounts. All of Debtor's right, title and interest in and to any and all contracts, written or oral, expressed or implied, now existing or hereafter entered into or arising, in any manner related to, the improvement, use, operation, sale, conversion or other disposition of any interest in the Land, Improvements, Tangible Property or the Rents, or any combination, including any and all deposits, prepaid items, and payments due and to become due thereunder, and including construction contracts, service contracts, advertising contracts, purchase orders and equipment leases.
(h) Name. All right, title and interest of Debtor in and all trade names hereafter used in connection with the operation of the Land, and all related marks, logos and insignia.
(i) Other Intangibles. All contract rights, accounts, instruments and general intangibles, as such terms from time to time are defined in the Florida Uniform Commercial Code, in any manner related to the use, operation, sale, conversion or other disposition (voluntary or involuntary) of the Land, Improvements, Tangible Property or Rents, including all permits, licenses, insurance policies, rights of action, and other choses in action.
As used in this Schedule, the term “include” is for illustrative purposes only and is always without limitation.
AND
All tangible and intangible personal property of Manning Resorts, Inc. (“Corporation”) however arising or created and whether now existing or hereafter arising, existing or created, together with additions, substitutions, increases and replacements, and as applicable, the dividend or payment rights of such items, and the proceeds thereof (collectively, the “Collateral”). The Collateral shall include, without limitation, the following which is owned by the Corporation.
1. All furniture, furnishings, fixtures, appliances, equipment, and all other tangible personal property now or hereinafter owned or acquired by the Corporation wherever located, together with all accessories and parts now attached to or used in connection with any such items or which may hereafter at any time be placed in or added thereto and also any and all replacements and proceeds of any such items.
2. All present and future inventory of the Corporation wherever located, including all items sold in the ordinary course of business by the Corporation (which sale is permitted hereunder so long as the Corporation is not in default of its obligations under the loan with the Secured Party).
3. All present and future rents, issues, profits, income accounts, accounts receivable and the proceeds thereof and any business activity conducted by the Corporation.
4. All present and future right, title and interest of the Corporation under and by virtue of each and every patent, copyright, franchise, license, permit, lease, contract, sale agreement, sales order, invoice, or any other document or contractual right, written or verbal, of which the Corporation is a party, whether now or hereinafter made, and any and all amendments to or modifications, extensions or renewals thereof and all proceeds thereof.
5. All present and future right, title and interest of the Corporation under and by virtue of each and every fictitious or other name or trade name used by the Corporation in conjunction with the operation of its business.
6. All present and future right, title and interest of the Corporation 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 the Security Agreement and other instruments of security executed by the Corporation in favor of Secured Party, and all proceeds or sums payable (i) from the loss of, or damage to, all items covered by such policies or (ii) from rents, income, profits, or proceeds from leases, franchises, concessions, licenses or otherwise incident to any of the Corporation's property.
7. Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right to eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to, taking of, or decreasing the value of any property owned or leased by the Corporation.
8. All bank accounts and deposit accounts into which the proceeds of the foregoing are deposited.
The Corporation currently owns premises located at 231 A Douglas Rd. E., Suite 1, Oldsmar, Florida 34677. The above enumeration of items may be located in or upon such premises.
at a public sale, to the highest and best bidder for cash, via www.pinellas.realforeclose.com, at 10:00 o'clock a.m. on the 6th day of September, 2012.
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.
Pursuant to Florida Statute 45.031(2), this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least 5 days prior to the sale. This notice will be published in the Gulf Coast Business Review.
Dated this 8 day of August, 2012.
Kimberly J. Gustafson
Florida Bar Number: 180890/
SPN 02339665
Carlton Fields, P.A.
One Progress Plaza, Suite 2300
St. Petersburg, Florida 33701
Telephone: (727) 821-7000
Facsimile: (727) 822-3768
Attorneys for Plaintiff
24298913.1
August 17, 24, 2012 12-06871