12-10833

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, STATE OF FLORIDA
CIVIL DIVISION
Case No.: 11-6252 CI 20
SYNOVUS BANK, a Georgia Bank, f/k/a Columbus Bank and Trust Company, a Georgia bank, as
successor by merger to Synovus Bank, a Florida banking
corporation,
Plaintiff, vs.
DA-BA-GU, LLC, a Florida limited liability company d/b/a NURSES LOVING HEARTS; BARBARA SUERTH a/k/a BARBARA V. SUERTH, individually; DOLORES ENTERPRISES, INC., a Florida corporation f/k/a NURSES
LOVING HEARTS, INC.; JOHN DOE; JANE DOE; JOHN DOE A; JANE DOE A; JOHN DOE B; JANE DOE B; JOHN DOE C; and JANE DOE C.,
Defendants.
Notice is hereby given that, pursuant to the Uniform Final Judgment of Foreclosure entered in this cause on November 15, 2012, the Clerk of the Court will sell the real property situated in Pinellas County, Florida, described as:
SEE EXHIBITS “A” AND “B”
ATTACHED HERETO; and
Any and all of DA-BA-GU, LLC d/b/a NURSES LOVING HEARTS' fixtures, equipment, machinery and other personality, including but not limited to, those items described in Exhibit “C” attached hereto.
EXHIBIT “A”
Lot 1, KLEIN'S ADDITION, according to the plat thereof as recorded in Plat Book 98, page 14, Public Records of Pinellas County, Florida.
DA-BA-GU, LLC, a Florida limited liability Company d/b/a NURSES LOVING HEARTS is defined herein as the “Debtor(s)”. The legal description for the “Property” as defined herein is described in the aforementioned Exhibit “A” attached hereto.
EXHIBIT “B”
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 or any part of 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 foreclosure is owned by DA-BA-GU, LLC, a Florida limited liability company, and is legally described as attached hereto.
EXHIBIT C
Living Room
1-wood long display table
8-silk planters
2-sm. metal stand
1-med. cast iron strand
1-wall clock
4-recliner
2-display hatch w display shelf
2-wooden plant stand
2-double wall brass lamp
2-decorative lamp
7-wall decor
1-wall wood window w mirror
5-single chairs
1-oriental carpet
1-table w glass display case
1-display chest w mirror
1-corner curio w 2 plates and a vase
2-lamp w wood stand
1-leather foot stool
1-leather love seat
1-leather sofa w 8 throw pillow
1-wooden chair 2 sitter
2-wall table
1-wooden long chair
3-wing back chair
1-cocktail table
1-round table w display shelf
Dinning Room
2- dinning table w 6 chairs ea.
Kitchen
2-refrigirator w freezer
1-chest freezer
1-freezer
2 set of plates
Model L-1X/L-1X16 CMA
Dishwasher
Bedroom 1
1-hospital
1-dresser
1-tv
1-lamp
1-chair
1-table
wall decor
Bedroom 2
1-regular bed
2-hospital bed
3-side table
4-portable closet
3-lamp shades
2-recliner
2-small tv
3-chairs
Bedroom 3
1-hospital bed
1-rattan wall unit
1-set of 3 pieces (dresser, side table chest dresser)
1-lamp shade
1-tv
2-chairs
at public sale, to the highest and best bidder, for CASH, online at www.pinellas.realforeclose.com beginning at 10:00 a.m. on January 15, 2013.
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.
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. Please contact the Human Rights Office, 400 S. Fort Harrison Avenue, Suite 500, Clearwater, Florida 33756, (727) 464-4880 (V/TDD) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing impaired, call 711.
Rabian M. Brooks III, Esq.
Florida Bar No. 0136182
Primary E-mail:
[email protected]
Secondary E-mail:
[email protected]
Thompson & Brooks
412 E. Madison Street, Suite 900
Tampa, Florida 33602
Telephone: (813) 387-1821
Telecopier: (813) 387-1824
Attorneys for Plaintiff
December 7, 14, 2012 12-10833